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HomeMy WebLinkAbout127U ADINANC, NO. �c • An ordinance submitf In.;, to the qualified elector a of the Town of Kent, at the next general city el ect ion,t he question whetlier the electric light works owned by -,aid Town shall be :gold or not, and prescribing the t erms?s ani conditions of such proposed snle6 Be It 0 rdained by the Council of the Town of Kent: Section 1. The leagialAtive mutbo rity of the Town of Kent hereby submits to the qualified electors of saidTown,%tt the next -general city elect ion of offt cars of s -9A4 Town,to be held on thseT,aeaday after Via first yonday in December,1902tthe question wheVier the el ect ric light works own end by said. Town shat l be sold or no t,the terms anri conditions of ssi.ch p ropo sed sale being an set forth in the followin c, proposed .form of a. bill of sale s.nd agreement, in whicb the Town of Kent shall be the party of the first part qnd Seattle -Tacoma Interurban Railmy,a Washington co rpo rat to n, shall be the party of the second part ,neLmely: "THIS IN'IFNT ATM made this day of DeceMb*r,19o2,by and bet ween the, Town of Kent,a municipal corporation in Kine Coun- ty,State of Washinsgtonoreina.ftor called said. Town,party of the f rot part ,and Seattl e -Tacoma Int erurban Ra.ilWNY I a Washington co r- porst ion,hereinaft er avillel the Company, party of the second part, TT�IS�A: WI M33AS said Town now owns and operates a system of el- ectric light works sitilated in s%idTown,the same Including tuo dynamos with futures and inestr=entse,lines -,f poleses,arons-ame and wires,lampes and ot'jer apparatus-; (2) ,And WHMPAS t a a Council of said Town has ascertained and by resolution has dealared that sairl system of electric light works which it w%ts proposed to sell and Is hereby sold cannot be operated by said Town so as to repay tte cost ftnd�Tpense of operation and interest on the capital invested therein and t tice necessary depreciation thereof, and t}scat the S%IfTle ir3 n, burdensome upon the tax -payers of said Town and t'Ureat ens to become a. still ino re burdencsome charge upon the tax -payers of said Town a.n�j the 19 aitelsative auttority of said Town ha,s,by 5rclinanee,a.fter tdie pRsz=&,xe of said resolution, submitted to the qualified, electors there -of nt the genersl town election of officers for said Town in the montl) of Tlecember,1902,the question wheet',zer said electric light works sliall be sold or rlo t, said oriinarc a also pre- scribing the terms and ronditionn of sari sale in accordance with this instrument and at said. election a majority of said electors voting upon said question ill vote in the affirmative; and the 1r-gislntive authority of said Town .a,"— RutYlo riaed the execution and delivery of this instrument for tae na.le of ss.id electric li�aht works; piN,T t �+ut��,t pis instrument witnesnOth: 1. u%J4 j,own hereby sells anti conveys to the COMPRrI,and the: Company hereby purc�iaseen of said To wn,t pie syest em of electric lig?at works now owned by nsif1 Town,the &,me including two dynam a with f.ix- tures and Inst ruznent s, l in e s of poles , cross -arms and wi res, lWnps and other apparatus,n.nd. Fill other .personal. property belonging to said system of electric light works on the terms hereinafter stated. 2. The CompaznY s?Zall pay said Town for all poles,aivss- arms and wires,lamp€s and otb.ear personal property belonging to said system (except the two dynamos with fixtures and instruments men- tionol in paragraph t4ree hereof) the sum of one t?iousa.nd. dollars (:Aoo()),said sum to be paid by supplying to said Town electric light sservioe f r t yae etreet s of sssa.id Town and t he Town Hall of said Town,said. light service to begin on January first,1903,a.nd to be continued until one\thousa3.nd dollars' worth of light service shall be rendered. to said Town,at the rates here1nafter saRreed. Said poles, cross -arms and wires and other personal property shall remain the property of sra.id. Town until fully pai4 for,but the Company shall be entitled to the possession and use thereof on and after the first day of Ja.nuary,1903,subjeot to the terrrA of this agreement. 3. The Company shall pay said Town for the two dynamo sus now used in sail system,witn fixtures and instruments used there- with and berlongin,, thereto,the am of five hundred dollars ($500), to be paid in cash on the delivery of thin insatrwnent. 4. The Company agrees that for the period of one year from the time when toe Company shall receive possession of said systesm,to wit,from January firs3t,1903,the Company will furnish to said Town for ligUting the streets and Town Hall of said Town electric lights in such !numbers and in such looations as said. Town may elect, at the following rates,namely: For inclosed alternating type of are lis (said type of lamp to be supplied only in case the Company installs said type in said Town) as follows: po r six ampere lanpss9, eig1:1t dollars ( $8) per mont h, and for four ampere lamps, seven dollars (#7) per month; For 3E candle power incandescent lamposone dollar and seventy -rive cents ($1.75) per month; For 16 candle power insssssndoscent lampajone dollar ( 1) (4) per month. And the Company agrees that during such time as it RbAll operate a system of electric lights in the Town of Vint it will never charge said Town for lights for lighting the street" and the Town Hall Of said Town higher rates thanAhasea stated in this par- agraph. All bills of the Company for lights furnished to said Town after the Company shall have Paid. said Town for said property hereby purchased si-vall be paid to the Company monthly on or before thes loth day of tile month next following the month in which the service is rendered.. SRI! lights are to be kept lighted by the Conp.any from t'ee end of dayli;?l.2t in tree evmin until the earning of daylight in the n-sorning of aac'c day; provided that the Company shall not beliable for failure to ful-TIJ9ti11iglat wben prer7ant ed by any acc: ideent or casualty, anct of (;odor of t iie public enemy, strike , mob violence,o r inability to obtain msterial,negligenae of any employeee,or any other cause other than the wilful neglect or res - fusel of the. Company to furnish lifrGltS. g. Said Town agrees to keep its said electric light works in as good repair and condition as the same now are until ,'anuary first,19o3,when the same s}gall i*e turner over and. delivered. to the Company, it beim; understood that this agreement Is made upon the basin of the present condition and state of repair of said works and plant. iN W omms WiEc)y said Town has caused this agreement to be signed in (9uplicai.te by its Mayor and Town Clerk and its dot- po rat a seal to be hereunto aff ixed,and the ComPuLY has loused these p resent ea to be signed by its r t hereunto ibi duly autho rized an it s cc rpor at a seal to b e h ereunto aff ixedIthe day and year first, above written. TOWN OF KEIV , BY f ma.yo r. An d by _ �? Town Cl erk. 'IRAT L ,t T ACOMA im .r iut.iRm m Tt.. uy, B.Y m Section 2. T'nere shall be printed upon the off inial ballot to be used at said. city election the words "In favor of the propoW na,le of they :electric, Light Works of the Town of Kent", and also the wor4s "Against the proposed scale of the gleatdca Light Works of the Town of Kent+. FAch a.nd every elector voting at said city election wto desires to vote upon said question shall vot a thereon by marking, ;-Us ballot either for or against said pro- posed sale in the manner prescribed by law. The votes cast upon sari & question shall be returned and canvassed and the result an- rioun.ped in the same manner and at the same time as the returns re- jat,'ing to the election o C the city officers of said Town. i Section 3. Notice of said election and of the sx%,ission (d) of the question of the sal. a of said electric light works thereat shall be given by publtshing this orlinanee in the White River yournal,the town of'f'icial newspaper,in each of tt-ie .four issuer of said newspgper next preceding said election. section 4. If at said election a majority of amid electors voting upon s -.id question shall. vote in the affirmative, it shall be lawful fo r t he 1 egisletive autkn rity of sai4 Town to provide for the sale o f and to s ell said electric light works upon the terms and conditions prescribed in this ordinarne. Section 5. This o rcl in ano a stial.l be published once in the White �jivsr Tournai the off icial newspaper of mid Town,as soon as; practicable after its passWa and aliall take effect on such publiOation. passed the Council of the Town of Kent by the FXffirrna.- t ive vote of councilmen, at e. regular nesting of said Counoil,this day of October,l90?9t1iG same being more than five days -after Vie introduction of tiiis Jrdimmnce,arid this o reiinance is approved by me t Ass . day of ootober,1902. ma,yo r o f the To wn o f Ke nt. Att eat: O Town Cl etk.