06-22-1915 VCM - Laserfiche WebLink

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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