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06-22-1915 VCM VILLAGE OF ELK RIVER COUNCIL MEETING June 22, 1915 A Special meeting of Village Council was held at the Office of C.F. Fiman on Tuesday evening June nd 22, 1915. Present – C.F. Fiman, Pres, F.M. Plank, Ed Keegan, and E.E. Scott Trustees and W.F. Chadbourne Clerk Visitors F.D. Waterman with Council A.D. Briggs of St. Paul, C.S. Wheaton Atty for Village. This meeting was called for the purpose of considering Ordinance in regard to contract and Ordinance given to F.D. Waterman for Street lighting of the Village of Elk River. After considerable discussion the following Ordinance was presented for consideration of Council. Ordinance 63 An Ordinance repealing Ordinance 62 entitled “an Ordinance granting 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. Passed and approved December 9, 1014. The Village Council of the Village of Elk River do ordain as follows. Sec. 1 That the Ordinance passed and approved December 9, 1914 entitled “an Ordinance 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heating, power or other purposes in and through the Village of Elk River State of Minnesota” be and the same is hereby repealed Sec 2 This Ordinance shall take effect and be in force from and after its passage and publication On motion duly made by F.M. Plank Trustee seconded by E.J. Keegan Trustee the above Ordinance No. 63 was adopted. Roll call C.F. Fiman Pres voted yes E.E. Scott Trustee yes E.J. Keegan yes F.M. Plank yes W.F. Chadbourne Clerk yes Motion declared carried by President. The following Ordinance was next presented to Council for consideration Ordinance 64 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, 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 by 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 and 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, the Council may designate reasonable places for the setting of polies in the first instance within two days after requested to designate such places and case such designation shall not be made within said time F.D. Waterman may place the same. 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 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 assigner 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 a 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 for said Village. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. nd Passed by the Village Council of the Village of Elk River this 22 day of June A.D. 1915 Charles F Fiman Village President (Seal) Attest W.F. Chadbourne Village Clerk On motion of Trustee F.M. Plank duly seconded by Trustee E.J. Keegan which motion was duly put to a vote the above Ordinance was passed by the following vote of the Village Council President Charles F Fiman voted yes Trustee F.M. Plank voted yes Trustee E.J. Keegan voted yes Trustee E.E. Scott voted yes Clerk W.F. Chadbourne not voting Continued on Page Numbered (4) Page No. 4 The following ordinance was presented to council for its consideration by F.D. Waterman. Ordinance 65 An Ordinance authorizing and directing the President of the Village Council and the Village Clerk to make with F.D. Waterman and deliver to him a contract to furnish power and apparatus to light by electricity the streets of the Village of Elk River Minnesota for a period of fifteen years. The Village Council of the Village of Elk River, Minnesota do ordain as follows Section 1 That the Village of Elk River make and enter into a contract with F.D. Waterman of which the following shall be a true copy nd This agreement made and entered into this 22 day of June A.D. 1915 by and between F.D. Waterman, party of the first part and the Village of Elk River party of the second part hereinafter called the “Village” witnesseth: That for and in consideration of the payment of one dollar ($1.00) by each to the other, and of the covenants hereinafter made and for other valuable consideration, all of which is hereby acknowledged, the parties hereto agree as follows: (1) F.D. Waterman agrees to furnish subject to the conditions hereof all the machinery, line poles, wires and other apparatus necessary for the supplying and to supply electricity for incandescent lighting of the streets in the Village of Elk River, Minnesota and to furnish such lighting to said Village in the manner hereinafter provided, unless prevented by strikes, labor troubles, fires, acts of providenance, or any other cuase beyond the control of said F.D. Waterman, all the said machinery, line poles, wires, apparatus and other material used by F.D. Waterman in carrying out this contract to be and remain the property of F.D. Waterman and the said Village hereby grants to said F.D. Waterman the right to operate and maintain said machinery, line poles, wires, and other apparatus and material necessary for the carrying out of this contract, subject, however, to the provisions of the franchise under which said first party operates through and in said Village of Elk River: and said Village of Elk River agrees to take, use and pay for not less than forty (40) sixty (60) candle power incandescent lights of electricity and ten (10) one hundred (100) candles power incandescent lights of electricty for lighting the streets of said Village and not exceeding four (4) sixty (60) candle power incandescent lights of electricity for lighting the band stand in the park in said Village whlie the band is practicing or giving concerts in said band stand, for which the Village shall pay said F.D. Waterman one hundred dollars ($100) per month. Additional lights may be ordered from time to time and shall be furnished at proportional rates. The location of lights may be changed at any time the Village may direct by payment to F.D. Waterman of the cost of material and labor used in making such change of location (2) It is understood and agreed that additional lights may be ordered by the Village Council under the terms and conditions hereof, said additional lights to be located by the said Council and the Village agreeing that it shall order and use not less than two (2) such additional incandencet lights for each addtiional one thousand (1000) feet of wire requeired to be erected for such additional lights, when such additional lights are so ordered F.D. Waterman agrees to promptly proceed to install the same. (3) F.D. Waterman agrees that said lights shall be kept in good working order at all times at his expense (not including or repairs) and shall be lighted subject to the terms and conditions hereof, as follows: To be lighted one hour after sunset and extinguised one hour before sunrise, except on moonlight nights all lamps and fixtures and extras used in connection with the street and band stand lights are to be paid for by the said Village. F.D. Waterman agrees to furnish all lamps, fixtures and extras used in connection with the lighting of the streets and band stand at the actual cost of the labor and material thereof, F.D. Waterman will install said lamps at his expense. Said Village agrees to pay monthly for all lights used and said payment date shall be on the first meeting night of the following month of the Village Council of said Village. It is agreed that said payment shall not begin until said system is installed and said service actually commensed. If in case of accident any considerable number of lights are not furnished or matained in accordance with this contract, or if any one or more lights are not furnished for any reason or cause for a period of longer than one night, after written notice has been given by the Village Clerk to the manager in charge of said F.D. Watermans plant, then there shal be deducted from the compensation herein provided for, a sum proportionate to the period that said lights are not furnished, but said F.D. Waterman, his heirs, administrators, successors or assigns shall not be liable for damage for such temporary failure to keep said lights burning if such failure is caused by strikes labor truoubles, fines, acts of providence, or causes beyond his control, but there may be deducted from the compensation herein provided for a sum proporionate to the period that said lights are not furnished by reason of any such cause. (4) The Village shall have the right and privilege through the Council to require F.D. Waterman to operate said lights at other and additional hours than those therein specified, upon reasonable notice to said F.D. Waterman but such operation and service shall be deemed extra and additional and said Village agrees to pay additional for the same at a rate proportional to the additional hours of such extra operation. (5) F.D. Waterman shall have the right to replace or exchange any of said lights from tim eto time as it may be necessary or desireable, provided, however, that any and lights substituted shall not be less illuminating power than those herein specified, and upon the expireation of this contract the right and privilege is hereby granted F.D. Waterman to remove said poles and equipment used hereunder but said F.D. Waterman agrees to make such removal in a careful and prudent manner, doing as little damage or injury to the property reill all holes and depressions caused by said removal and to leave the surface of the street in a good condition and state of repair. (6) This contract shall not become binding until signed by the President of the Village Council and attested by the Village Clerk on behalf of said Village of Elk River Minnesota, an F.D. Waterman, but when so signed this contract shall remain in full force and effect for a period of fifteen (15) years from date of such execution. (7) It is especially agreed as a condition pararmount to every other in this contract that should F.D. Waterman’s electric power system be seriously injured or destroyed by fire cyclone or other casualty rendering it temporarily inoperative during the life of this agreement, or any continuation or renewal of the same F.D. Waterman shall have a reaonable time in which to repair or recontruct said power system and plant without in any way rendering this contract void. (8) F.D. Waterman agrees to install said lighting system and have the same in operation on or st before January 1, 1916. (9) All of the terms, conditions and agreements in this contract contained shall to the benefit of and the heirs, personal representatives, sucessors and assigns for the respective parties hereto. In Witness whereof, the said F.D. Waterman has caused these presents to be executed the day and year first above written and said Village Council has caused these presents to be executed in its cororate name by its President and attested by the Village Clerk and its corporate seal to be hereto affixed the day and year first above written. E.J. Keegan F.M. Plank Witness to first party E.J. Keegan F.M. Plank Witness to second party F.D. Waterman Village of Elk River By Charles F. Fiman President of the Village Attest W.F. Chadbourne Village Clerk Seal Section 2 That the President of the Village Council and the Village Clerk be and they are hereby authorized and directed to execute said contract with F.D. Waterman and to deliver the same to him upon execution and delivery within sixty days to the Village Clerk a bond to be approved by the council in the sum of two thousand ($2000.00) dolalrs conditional upon the completion of said lighting system in Elk River before Jan 1, 1916 Section 3 This ordinance shall be in full force and effect from and after its passage and publication as provided by law. nd Passed by the Village Council of the Village of Elk River this 22 day of June 1915 Charles F. Fiman Village President Attest W.F. Chadbourne Village Clerk Seal No further business adjourned W.F. Chadbourne Village Clerk Upon motion of Trustee F.M. Plank duly seconded by Trustee E.E. Scott which was duly put to a vote. The above ordinance was passed by the following vote of the Village Council by President Charles F. Fiman voted yes Trustee F.M. Plank yes E.J. Keegan yes E.E. Scott yes Clerk W.F. Chadbourne not voting W.F. Chadbourne Vill Clerk