No. 159 Granting BHP&L Right of Way
TOWN OF NEWELL
Ordinance 159
Granting Black Hills Power and Light Right-of-Way
Section 1. That there is herby granted to Black Hills Power and Light Company, a corporation, (hereinafter referred to as The Company) its successors and assigns, the right for a period of twenty (20) years from the effective date hereof, to locate, maintain and operate in the City of Newell, and in all additions to said City hereinafter annexed to the City, subject to the limitations hereinafter specified and provided by law, an electric system to generate, transform, transmit, distribute and sell electric energy for light, heat and power and any other uses to which electric energy may be applied and, without obstructing public travel, to freely use and occupy for the purpose of generating, transmitting, distributing and selling electricity during the term thereof, the Streets, Alleys and public places of said City and its additions; provided however, that the rights herein granted shall not be exclusive.
Section 2. That in consideration of the rights and privileges herein granted, The Company, its successors and assigns, shall at all times during the terms of this grant, maintain a proper and efficient electric power and light system for the purpose of supplying the City and inhabitants thereof with electric energy at such Rates as shall be reasonable and fixed and determined in the manner provided by law, and further shall be liable for all damages and save the City harmless from all liability arising out of its negligence in the erection, operating and maintaining of it electric system within in said City.
Section 3. That the proposition of whether or not said rights shall be granted shall be submitted to a vote of the electors of said City at a Special Election called for that purpose not sooner than thirty (30) days after the publication of this Ordinance shall not become effective unless the proposal to grant said rights be approved at such election by a majority of the vote of such electors of the City voting thereon and unless The Company shall file its acceptance in writing with the City Auditor of said City within thirty (30) days after the official canvass of the votes of the electors approving said Ordinance.