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06-23-13Delray, Florida., Juna u~>z'd., 1913. ?!~eeting of tl?a Town Council called to order at eight- ~ ';thirty P, 2$. by Pras. "'•'eRae. F.oll call crith the .iollo~rin~ members present; Pres. atcPae, . Ald. Acton, Gerson, Strickland and ~Jackarman. ~imrtc.s of last regular meeting, held June 9th., were read and approval. I Dr. Cwson,^_ocrrl health....Offcer~- icgarts _one . ease_no~:..ds.ph~..._: theria-but thct sar.~a is ,call guarded and. is under control. 1 J, ". Cromer addressed the Board relative to the carrying < on of to.vn affairs during the absence for the surune,r, of the , ~ majority of the members of the Councils and asks that some. 'j action be taken *.r'r~areby matters. ~*ill riot ba d:alayad. Ald. Acton of the Ordinance Coma preaentsan ordi~~te ;ranting a franchise to the Ariston Ica ~°a F,lectrio Co.R":~7aci moves that same be placed on its s~.cfe~draading and fin~.~- passage. Seconlad by J. ?2. Eason and" Berried. " Ordinane® and resolution arantin~- to the Ariston T~. & Electric Company, for a tz:-rr,3 of t:~reuty (20~ years, the right.• -to erect at~,d maint~din apon any `and all streets and allny5 in . the To;^n of Dalrajr, State of ~'7.orida, nor op~^n or ;rhieh may her' aftc;r be opened, electric lightroles and. fixtures, and to t t ric curren carry thereupon e~iresfor the: transmission of elec for illumination incandescent, tungsten, arc enc. other lamps, and fer electric no~rer, and the right to sell and distt~.'bute ele,etri.eity 1'or the ~.bovc~ pv-zZ?ase.s ~•o the inhabitants of l~alray and vicinity. Be it resolved and ordainz.d b~ the T mm Council of the To:°rn of Delray, State of Florida, as follo;~rs, , Sec. 1. The Totivn Council of the Tot~n of Je:lray horeby grants to the Aristcn Ice '~ laetric Go, subject to the coed ,~' itions ?iereinaft~r set forth, tht~ ri~:ht for. ~. perit~d of tsre~ria~r~; years to erect and- maintain upon any c`:.nd all of the streeits ar~ft allays of the Town of Delray nor open, or which may hereafter be openelectric light poles aril fixtures and. the right to ~ . ~ carry on said poles and along said streets and alleys as a~or® said, tivires fo-r the; transmission o.~° electric currents for illiu~ in~ting incandescent, tungs':en, are and other lamps, and for " electric power, and. the right to sell end distribute electric- i+y for ,the above purposes.*o the inhabitants of Dalr~y^and 41Ci111ty. Sec.: 11. The granting of this privilege or consent is subject to the follovring_.condi„tioxie~ ,.. ~n ,.: let. As a condition precedenfi to the taking ef1'ecf o-? this grant or franchise, the said Ari:.tor~ Ice w Electric Go, sha13,"' give and grant until the Tov~n of Delray, tics right; at the expir- ation of this francr~ss to purchase the pro~ert~::cf thg.:.Ariston Ice ~ r~leFtrie Go., used uxi?ex or in connection t~ith-this ~,'.~ franchise anci, located t~rithin the lizrtits ~~ t3~,p To~~n of Delray; ' or such dart of sa3.d propexty,:,r~8t3 Qr,persanal, as the-said muni~3palit~ sha~:1^: desire to pusa~ae~y; apt avalua£on to be ~~, y deter~lined'.'by ar'bitretion as xnay tae °~~rav3det by lstv.. , i 2nd. The dri.ston Icd &: ~lectric'~o. shall Tarnish light 3 3 ' ~ i~;ht and power to such of tl~e inhabitants a'° the municipality Delray or to the To'zni o'_' Delray for street purposes as may e raithin three hunAred feet of a line to the Ariston Ice & leetrie,.Compant=. 3rd. The Ariston Ice Ec '~;lectric Co, shall not charg@ more haz: .fifteen cents per thousand •.~att hours; as rseasured bg eter, provided that the minimum rate shall be; for residences no dollar fift„ cents pe~Mmo:~lth, busim*ss tv;o dollars pe-r oath, boarding houses three dollars per month, hotels five ollars per month, th^ obese xates beins^, based o~~ gearly'con- ract. 7th. The sofa Ariston Ice ~ ETec`tric CIo s'~.al.l.~ execs and ;.~ ain.tain all poles and wires necessary for the transmaisson &?~"~~' upplg of electric current to the inhabitants of the Toren. o~>~~ elray. All poles which may hereafter be erected shall be laced in accordance with the direetivns o~ the officer oraq ittee designated by the Town to take cshargs of such rsat : *-?:+ F~ rovided; that ii' within three dais a`ter y~jy^iteen notia' ~"~''' orved on the elerl~ of the Town of Delray of the inter" he said Ariston Ice ~c Electric Co, to erect electric ~'; olas on any. street or alley of the municipality and t' •. fires therefrom. the said municipality, actin, through" ~ aid' fficcr or committee si1r,.11 not d~.signate any particluar loaetiarg''., or such poles, then the said Ariston Ive "c F;lact?•ie Co, shall a eve the. right to select the location for ::.nd erect s~cli polcss, s may bo necessary and. as F.re designated in such notice; and rovided further that in all eases whore the location o' poles AI f poles to be erected is designatedsuch designation shall of be determined arbitrarilg bti= the municipality or its guthor zed .agents, bu* t1-ie selection shall be made. ~aaitli due re@~ard o reasonable use of .the sire®ts a_zd ~.I.legs of said. municpalit~r' y its inhabitants and by the Ariston Iee & iElaotric Co. ..:Tlse "_~ own of Delray, acting through its duly authorized officer or ommittee, shall have the right to order the Ariston Ice 8c~" lectric Co. to change the location of its poles and wires ti hat have been or mag be erected', provido;i that' soh eh~i~® hall be made at the expense of the said Town and that any ocation designated sha:11 be sel~seted with.due and reasonable '" egard to the necessities of the griston Ices Electric Coy n the conduct of its business. 5th, The said Ariston Ice and Electric Company shall be object to and conform e!~ith all ordinances ncn7 in effect or 'rich may hereai`ter be enacted. by the Town of Delray which are '' of in contravention of its rights granted under this franchises; 6th, Thr said Ariston Tee R~ Electric Co. shall $ndemnify nd hold. h~rm7~ess the town. of Delray..from all loss, cost. or amame caused bg its negligence or that of the agents or sexv- nts of the Company in the operation or maintainance of its lant,;~ixes, poles, ar other property, and Aag be"required at ng tiiue to"give bond in'the stiuz of t~ra t2xausand dell~~rs'3'or "'' arrging ths,provision into effect,. 7th. In case of a dispute as to the rights or'obligstions f the said Ariston Iee &~.Electric Co, under 'this grant: or ranchise, the question,: at issue shall be re~'erred to"~ee rbitrators :one of whom sh411 be chosen bar this Town. oi' llelray; ne by the ~.riston .Iee & Lleetri:c Co.;and the.'~hird: bg the rbitrators so eho~en. In"as.se of the inabi23ty of the.t~;o ~ rbitrators so chosen by tj'te Toxin. of Delray t~nd-the Carripang, to,' I ,~. '' .~ ~:: Q agree upon a third, the fudge oi' the Circuit Court of Palm Brach County shall make the decision.. A decision of the majorla ity of tie arbitrators so chosen shall br conclusive on'tha »arties.. If in deciding any questions in dispute shall find' that thr Ariston Ice E~ Electric Co. has failed to comply with' any of the conditions upon Rh~ch this. grant or, franchise rv€1s ; givrn, a cop;: of the said~deciaion shall be servrd upon t$e. Company, and unless it complies therewith r~ithfn trn'days tht~reafter, or Within such time as is neCg_ssary to et5mply thm~e r~ith, should more than tin days 'kus,nec~ssar~, ^the__ Town sh$lZ << ._ _..._ havr the right to revoke this grant or~fran_ohise. Sth, This grant or fxancliise shall not beeomr operative. Lzntil said Ariston Ice ~: Electric Co, shall duZr execute ~an instrument in ~rriting by its 4icr presider_t or its GencrFl P-tanager wl?rrein said Company shall accept the same~`a8d s~ ~~ra promisr; covrnrnat and agree on its wart tc'conform to and ~ b,, and perform all the"terms and conditions and reluixeinents q~ this ordinance fixed and contained and file th© saris wi'~'~~t~ Clerk on the Town Council within thirty days a Pter the &~~r~~, of this ordinance, A copy copy of said instrument du2y`oer~ Pied under the hand of the City:-Clark shall be conelusiv6 'i evidence of compliance with this section. 9th. Nothingg in this grant. or franel~i.~e contained shall~,b® construed by implication or otherwise as a o ant of the exal~t,~ iveright~' to the ~iriston Ice ~ F;leetrie Ca., of the use o~ th~a~ ;. streets and alleys of the municipality fbr tl~e pu~oses h.Tse've`..: set forth. _ _~: 10th, It is understood that work on .the lines fxo~ 'Test."~' Pa,Im Beach to Delray shall- start within thre© months froia t'Ez®, date of acceptance of this oxdinanor a.nd be completed ra~.& ,• to render service 'within six Months from same date, ofk~~tlar~a~~"< this ordinance shall ,tiutomatically Yrcome null and. void. "y ,', :: Src. 3. This ordinance shall'takr effect i::imediataly, c~ Passed the 23rd. day of June, A. D. l91'~, ~"y «# ~hcs ~~ 1`ioRa~ ~ ~ ;~ Attest "Im. 6'I. Blackmer (sea3 Pxrsident Town founts m~, Clerk. ,~ Approvedth@ 27th.. d~y of J•anr A. ~, 1913, ~"~ John S. 5undv [3eal~~ Roll call fog Cason, Yeab,~ ,S~ric~ PZotian `by Ali and sill' all prop ballot; Prs. 7 and, Yea, aek~ ~„~. Acton that .tl'i~ ~ty on which the the laws of t7 kayor,. ~ktae Yeas, .old, Acton YeaN~;~ rmen, Yea: 'Cnanim, x: ~.~ r ~, W"~ Tp~n Taaa.Ctslleotor,advert# ;;tom taz~s ha~tre not ~roeis `~;