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12-09-1914 VCM VILLAGE OF ELK RIVER COUNCIL MEETING December 9, 1914 A regular meeting of the Village Council was held at the Office of Charles F. Firman on Wednesday Dec 9, 1914. Present – C.F. Firman, Pres, E.E. Scott, F.M. Plank and E.J. Keegan Trustees and W.F. Chadbourne Clerk Visitors – F.D. Waterman with J.C. Jacobson and A.B. King of Minneapolis. Frank J White atty for F.D. Waterman and C.M. Babcock Meeting called to order by President Firman at 8:30 P.M. F.D. Waterman presented draft of an Ordinance granting him a 25 year franchise for streetlighting and asking that we adopt same and grant his request. (Ordinance attached hereto) Ordinance No. 62 An Ordinance Granting to F.D. Waterman, His Heirs, Administrators, Successors and Assigns, the Right to Construct, Maintain, and Operate Lines For the Purpose of Transmitting and Distributing Electricity For Lighting, Heating, Power and Other Purposes, In And Through The Village of Elk River, State of Minnesota. The village council of the Village of Elk River, does ordain as follows: Section 1. That there is hereby granted to F.D. Waterman, his heirs, administrators, successors and assigns, authority and right, privilege and franchise to construct maintain and operate lines, in and through, upon, along, across and over the streets, alleys, public grounds and other public places, in said village for the purpose of transmitting electricity, and distributing and selling electricity for lighting, heating, power and other purposes to said village, and the inhabitants thereof and elsewhere and for said purpose to erect, maintain and operate all necessary wires poles and other appliances appurtenances, and fixtures, and to string, maintain and operate thereon, such wires, cables and other appliances and fixtures as may be necessary for the transmission of such electricity for the distributing and selling of the same to said Village and the inhabitants thereof and elsewhere for lighting, heating power and other purposes to which electricity may be put for a period of twenty- five (25) years from and after the passage and approval of this ordinance. Section 2. All poles and wires erected or maintained by virtue of this ordinance shall be so erected and maintained at such places and in such manner as not to obstruct or impede the use of said streets and alleys for the purpose of travel thereon; it is further provided that said F.D. Waterman shall not be required to place his wires underground. Section 3. Said F.D. Waterman, his heirs, administrators, successors and assigns, shall, at all times, defend, indemnify and hold harmless the said Village of Elk River, Minnesota from and against any and all lawful claims for injury to any person or property caused by the construction or maintenance of any structure or appliance hereby authorized or in the business carried on pursuant to the authority of this ordinance. Section 4. The said F.D. Waterman shall have full right, power and authority to assign to any person, persons, firm or corporation all the rights conferred upon him by the terms of this ordinance, provided that the assignee of such rights by accepting said assignment shall become subject to the terms and provisions of this ordinance. Section 5. The said F.D. Waterman agrees to furnish commercial and residence lighting meter rates: At maximum price of twelve cents per Kilowatt hour with a minimum price of one dollar per month for each user. Section 6. Said F.D. Waterman, shall, if he accepts this ordinance and the rights, privileges, and franchises granted hereby, file within thirty days from date of publication hereof, a written acceptance of said franchise with the Village Clerk of said Village. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. th Passed by the Village Council of the Village of Elk River this 9 day of December, A.D. 1914. Charles F. Fiman. Village President Attest: W.F. Chadbourne Village Clerk Seal On motion of E.J. Keegan Trustee seconded by F.M. Plank Trustee that the Council grant F.D. Waterman request. The Clerk ordered to call the roll with the following results C.F. Fiman aye F.M. Plank aye E.J. Keegan aye E.E. Scott aye Pres Fiman announced the vote called and F.D. Waterman was granted the franchise. F.D. Waterman here presented a contract for acceptance said contract continuing for 15 years he agreeing to furnish 50-60 power lights for 100.00 per month (see contract on file) Motion made by E.J. Keegan Trustee sec by F.M. Plank Trustee that the Vilalge enter into contract with F.D. Waterman to furnish lights as above mentioned. Clerk called roll on above motion with following result. C.F. Fiman aye, F.M. Plank aye, E.J. Keegan aye, E.E. Scott aye, Pres Fiman declared motion carried and F.D. Waterman was awareded contract. The appointment of F.D. Waterman Justice of the Peace to fill vacancy Special election was confirmed he having been appointed at a special meeting Dec 8, 1914 Clerk notified Clerk of Court of said appointment. The following bills were presetned and on motion allowed and orders drawn for their respective amts. Anthony Bysen recording deeds 1.50 A.A. Opitz dumping ground 10.00 Harold Keays lighting lamps 3.00 Indian Refining Co gasoline 29.70 No further business adjourned W.F. Chadbourne Clerk