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Franchise and Contract For Water Work* and Klectric Light* tor the Town ol Lancaster. Wiibrka8, on the 28th day of September 1904, an ordinance was passed by the Town Council of the Town of Lancastor, grant ing a water and light frrnchise toll. L. Millner, his successors and assigns lor a term of yoais, subject to certain terms and conditions in said ordinance specified; and whereas it was provided in said ordinance that the same should be of no force or effect unless within ten days after the passage of the same (he sum o( five hundred ($500 00) dollars should be deposited in the Bank of Lancaster by the snid 11. L. Millner, his successors or assigns, in trust for the uses and purposes provided in said ordinance; and whereas the said ordinance fur ther provided for a ratification thereof by a vote of the people at an election to be thereafter held in accordance with law; and whereas, since the passage of the said ordinance, a proposition has been made by Leroy Springs and T. Y. Williama for the granting of a light and water franchise to them and their successors and assigns, in the^vent that the said U. L Millner, his successors or assigns, do not make the deposit aforesaid in compliance with said former ordinance and within the time therein stipulated, or in the event that said deposit is duly made and the said franchise and contract to the 6aid 11. L. Millner, his successors or assigns, shall not be ratified by a vote of ihe people at ths election to be held in pursuance or said former or dinance: Now, therefore, be it ordained by the Town Council of Lancaster, in council assembled, and by the authority of the same: Section 1. That, in case the said H. L. Millner, his successors or adsigus, shall not, within the time speeitied by the said former ordinance, comply with the terms thereof by making the aforesaid trust deposit, or in the event that (after said deposit is made) said former ordinance is not ratified by a vote of the people of the said town of Lancaster as provided in said former ordinance, then and in such event, that the exclusive privilege is hereby granted to Leroy Springs and T. Y. Williame, of Lancaster, in said State, their heirs, successors or assigns, for a period of thirty (30) years from and after the passage and appoval of this ordinance, and its ratification by a vote of the people of the said town of Lancaster, as required by law, to construct and maintain, within the corporate limits of the said a... aft o- .1 iuwu ui iJituuaHior, oouui uarolina, as they now exist or may hereafter be extended, water works for supplying said town and its inhabitants with pure and whole some water for public and private uses, and to install and maintain a system and plant for the purpose of supplying electric power for public and private lighting purposes, and to use the streets alleys, side-walks and public grounds and the streams and bridges within said limits, for (he numose of nl?r.ir?<r omlwiHili'nn, Mr - t I laying and taking up and repair ing pipes, mains, conduits, hydrants and other structures, ap pliances and services, needful and requisite for the supplying, conducting and service of water and electric lighting to said town and its inhabitants, subject to the terms and conditions hereinaftea set forth. Section 2. That said Leroy Springs and T. Y. Williamc, f heir successors and assigns, in their uses of said streets and other public places of the said town o: Lancaster, shall restore all street surfaces and pavements which they may find neeessary to excavate or remove, and replace them an nearly in their original condition as practicable; and in the work of erecting poles, wires or overhead structures, said Lerov Springe and T. Y. Williams, their successors or assigns, shall only mutilate such shade trees as may be absolutely necessary and only to the extent actually required by the work in progress. Section 3. That said JLeroy Springs and T. Y. Williams, their uccessors or assigns, during all s iif \\ ork of const t uc' lilt* or repair ' t ip )ii tin ir water main*, poles, {d lines or other struct ores located in or upon any street, or other public places of saiil town of s Lancaster, shall employ all rea- v soi.able sale guards against acci- s den's aud have all excavations v and other temporary obstructions, t guarded by day and lighted by a lanterns by night, and shall t promptly refill and remove all t such excavations and temporary t obstructions, as soon as practicable, alter such work ol con- I struction or repair is completed, j Section-*. That within ten (10) s days Irom dale of the passage of e this ordinance, said Loroy Springs \ i m vr ii7*ii* it. i ttuu i. i. ?v imams, ineir succes-11 sors or assigns, shall deposit in , I the Bank of Lancaster the sum I of One Thousand Dollars ($1, 000.00), in trust, for the use of ; said town of Lancaster, in case said Leroy Springs and T. V. i Williams, their successors, or as- < signs, shall not within Ninety | day6 thereafter, commence work I under this franchise and contract, which said sum, shall at the com- ! mencement of work, be available and liable to draft by the said : Leroy Springs and T. Y. Willi- i ams, their successors, or assigns, i irt payment for any work dene in pursuance of this franchise and i contract, but that said sum of One Thousand ($1,000.00) dollars, so deposited, shall be forfeited to the said town of Lancaster, as liquidated damages, in case of failure by the said Leroy Springs, and T. Y. Williams their successors, or assigns, to commence work in good faith, within the Inno prescribed above; provided, that in case this contract, and franchise, is not duly ratitied, by a vote of the qualified electors of the sail town of Lancaster, pursuant to Statute, then, the said sum of One Thousand ($1,000 00) dollars shall l>e returned to tho said L -roy Springs and T. V. William-, I heir successors, or assigns and tills franchise and contract shall thereupon cease and determine Section 5. That within fifteen (15) months from the date of iiie ratification of this ordinance, by s vote of the electors, as aforesaid, J ;tho said Leroy Springs and T. Y. ! Williams, their successors, or assigns, shall have completed and !' in operation, a plant or plants, '< for the purpose set forth in this franchise and contract and actually furnishing the public service street lights and fire hydrants hereinafter contracted for by the said town of Lancaster; provided, that any unavoidable delay from strikes, failure of transportation companies, to deliver material, i or other causes, over which the said Leroy Springs and T. Y. Williams, their successors, or as signs, may have no control, shall not be reckoned as part of the I above specified fifteen (15) i IllVllbllOt Section G. The water supply, shall be the best obtainable, within the corporate limits of the town of Lancaster or its immediate vicinity, and may be from creek, springs, or deep, or subsurface wells, as the said Leroy Springs and T. Y. Williams, their successors or assigns, may decide upon after the proper survey; but in any event, it must be such as will be pronounced fit and wholesome for domestic use, by the State Chemist of Clemson College, South Carolina, or by some chemist who is competent and accent able to both nartios. I ? to this contract and franchise, and 1 provided farther, that it such I water supply shall he obtained < from the creek the same shall he Altered, with or without coagulants, as may be deemed necessary by the said town of Lancaster. Section 7 Water mains shall be of standard make and weight, cast iron water pipe, coated witii in and without to prevent rusting, and laid in a trench at least three leet deep; the joints shall be of the bell and spigot type, caulked perfectly liiiht. with soft lead. and any leak which may occur f at any time must ho repaired < with the least po-sible delay by t the said Leroy Springs and T. Y t Williams and their successors, or i assigns; provided, that any t breaks, leaks or other delects, in ( the mainj, or p'pe\ or hydrants t uha'l h.' rep.ire.1 within 15 days t alter no;ie* . i-.e s ;infl and thai j said Ler ?y Springs and T. Y. i Williams, their successors or as- n * igns, shall bo liable to forfeit to i" > of 1/incastor all hvrant tai-, I hereafter, until u 'h r.'j lib are made Seel ion 8 Tho water mains hall be supplied with such vales in proper location*, to be de igiml bv tho city of Lauouster vithin 80 days from tho com nennemont of work thereunder, is will enable the main system o be extended or repaired witli ho least practicable interruption o tho water service. Section 9. The fire hydrants urnished by said Leroy Springs uul T. Y. Williams and their successors, or assigns, shall be ot itandaid make, each furnished vith two and one half inch ^2 1-2)1 lose nozzles and shall be main j ained in a perfect stale of repair ;>y said Leroy Springs and T. Y. Williams and their successors or issigns. Section 10. The water system shall include a properly constructed roservior of at least 200,000 gallons capacity, which shall he kept full at all times, and an elevated tank constructed of open hearth steel plate and mounted II viam u f nuror nf f lia oomo m ofof u % v n v i \/? uiw ow iuw luaigi* ial, at least 125 feet high, and shall maintain a static pressure of at least 45 lbs. at the highest point on the mains, the tank shall have a total capacity ot at least 50,000 gallons, and shall bo erected and maintained in a perfectly water tight condition. Section 11. The pumpingstation shall be Jsupplied with two pumps of the most approved pat tern and best workmanship, and shall have a total capacity of not less than 500 gallons per minute each, I the pumps must be kept W'u iing at all limes necessary to keep up lank supply. Sec!' a 12 The said Leroy Spring ad 1'. V. Williams and their accessor* or assigns, shaii at all limes maintain a pressure, in the water mains, capable ot llirowi' ^ a stream through fifty feci nt -.'A inch rubber lined hose and a pipe or it* zzor one (1) in upper! tire, to the height ot filu cm t, Horn the ground,and capable >. i brewing such a stream siiiiull.iiu-viUsSy from any three hydrants as may he selected by the town provided, that failures due to tlie act o! God or the pub lie enemy, or inevitable accidents, when such failures are temporary, shall not bo consider ed a violation of this contract and ordinance, provided that break down or accident shall be repaired with the utmost dispatch, and in no case shall water be cut off from any branch of the system longer than absolute ly necessary to make the required repair connection or tap. Section 13. That in case any break down or accident or derangement of any part of the said Waterworks or Electric Lighting System shall take place, and 3amo shall not bo fully repaired by the said Loroy Spring and T. Y. Williams, and their successors or assigns within fifteen (15) days atter notice thereof, the said Leroy Springs audi'. Y. Williams aud their successors or assigns, shall be liable to forfeit as a penalty thereof, the rents or rentals Accruing from the town of Lancaster, after such notice, and un lil such repairs are completed. And if such repairs shall not bo made or derangement corrected within the period of sixty (60) '1 it tv a f t?r\ ?v* o ii nil n a! i/?a t .iaH/I T /? jaj o hi/hi duv/ij nuiiv/u viic oaiu juo roy Springs and T. Y. Williams uid their successors or assigns, diall forfeit all rights under this Franchise and contract, unless it. be shown that such delay was iuo to unavoidable causes. Section 14. The said Leroy Springs gnd T. Y. Williams, their juceessors or assigns, shall erect md maintain a plant or system [or elect lie lights to I he said own oi Lancaster and such cilisens thereof as may subscribe lierefur and comply with tile reasonable rules governing their jse. The plant shall comprise lie in >st approved machinery uid b( .1 workman hip ol>tainable ?t (lie time ot installation and dial) lie of suflicient. size and rapacity to supply il.o require' limits . I hi' saiil lu wii of Lanc.au er, at 'be dale of ?hi* iuntriiin nt. .! shall be x ended and >;?iarge I tr?un lime to time, as be growth of the town mav den hkI. All lights subscribed by ho said town of Lancaster and jlaced in public places, shall be n detained lighted during each ind every night from dusk until down; and tne said Leroy Springs and T. Y. Wiliinms and their u ?0"SiOr-t ?>r ?ishall be pre pared to lurnish electric lights to thocilizots ?f the said in \ :i ??! L nicaster, during all hoots til each and every night, front dusk until dawn. This service shall bo constant and without interruption, excepting only in c.me of inevitable accidents, over which j tlie said Leroy Springs and T. Y. Williams, their sucnospors nr atsigns, can have no control, in which event repairs are to be pushed and completed with the utmost dispatch. Section 15. Asa portion ol this franchise and agreement, the said town ot Lancaster hereby rents from said L?roy Springs and T Y. Williams, and their successors or assigns, thirty (30) standard fire hydrants and t wen /Of?, A-r\ \\t * \y ^ 4vs f i >*<*11, ivrc Lights. The tire hydrants and valves are to be erected at points along the water mains, seleced by the town ol Lancaster, but in no case are the hydrants to be more than 500 feet apart, and provided that it the town ot Lancaster fails to de finitely select and make known to said Leroy Springs ami T. Y. Williams, their successors or assigns, the location of each hydrant ami valve, within thirty (30) days alter the plant of the water main has been submitted, to said town, then to said Leroy Spiings andT Y. Williams, their succts sors or assigns, shall make the location for each hydrant and valve, not located by the said town, provided further, t iat i: ;?i any ir.no it shall be demanded. I iic Said Leroy Spring* ami I' V Williams, their successors or .?-> sign-, .shall lav h icii addri >n .1 -ervice pipes, as may ba noces ?nry, to reach new coii-umev*. p'ovide I i.o.vever, iha> in-.v shall be at leuat one consum r for each 100 feet ?>l aduiilOn.il piping so required. Section 10. The twen'y 450 Watt Arc Lights are to be located at points within the town I in s of Lancaster, selected by the sa d town, provided, these locations are made within 30 days after !lie town is furnished with a map showing the pole lines, otherwise the rule governing the location of the fire iiydrauts shall prevail. Section 17. It is understood and agreed that the town of Lincaster may at its option require tlie said Leroy Springs and T. Y. Williams, and liieir successors or assigns, to furnish smaller lights than those specified in the loregoing clause, either of the Arc or liicnndustent stylo, provided,that lie total Watt power of the lights ?i...u i . ^ Mian eijuiti iwwmy wait Arc Lights and that the renewals oi all incandescent lights shall be at the expense of the town of Lancaster Section 18 The town of Lancaster hereby contracts and agrees and binds itself to promptly and punctually pay to the said L^r-> Springs and T Y. Wil ii."T> i?u their successors or a-.s.ri.?s, as a rental for the abuve specified number ot fire hydrants and pub lie lights, the aniiud sum ot #2 400, to bj paid i?? q ;.i trleily installments, of $ '..?J eaeh, for and during the full period ot thirty (30) years next after the completion and installation oi waterworas and electric light plants, furnishing the public service specified in this franchise and contract. Sectiou 19. It is further provided that should the town ot Lancaster, at any time, require additional fire hydrants or public lights by extension of lines or otherwise, the said Leroy Springs an?l T. Y. Williams and their successors or assigns, shall install and maintain them at the annual rale of $25 for each and every additional tire hydrant so installed and maintained and the annua'* rate of $68 lor each and every additionol Arc light, of 450 Watt power, so installed and maintained, lights of smaller power may be used at the option of the town of Lancaster in which case they shall bo paid for at the annual rate of $68 for each unit of 450 Watt and provided that ail incandescent lights contracted lor and ' used by said town of Lancaster in public places, shall be renewed 'whenever necassary, at ?ho ex penso of said town. It is espe cially provided, however, i Ji?I ?*? J locating additional fire h.vdran < | t he original f pacing of not exceeding 500 feet between any two |(yi!f?nls sha'l be maintained^ S.?c??u!? 20 I? i? further provided ?>.?t 1 ii.k w t*?1 L^io? Spring.? and I V VVi.l *mi< ;? ?-! t >*?{ . or iimuii-', will 'u i inli, install fin.I I'viitiiH'tt, witlionF. extis for niaintenatic" lurnishinc r>r the necessary wa'er supple, drinking Iniiu'aiii', I or man *md located. a . suoh |? i iiH on " h wa'er s\s em as the i?ivn ?? |<um:hh!< j 111*1 v li'?>ii ^l?-it ?. Am I I ? -i I Lsrny Spring-; ai l T. Y. W. lianis junl their successors or m I sio ?s, wilt ni.nish nm'all i . a central nm.i, d.'sicn ?tod bv fhe town (.! Mined, a w tier cran i i??r I he purpose ol suppixiiitC drter. sn? R ler can a, and tiiitln-r ttjjrops to Oirni-h wa'er lor tin; purpose, as a el I ?s the nperalin i nt nil aiiiom it 10 flush tank It seweri, which may hereafter he const no te I and installed, ( r the sum ot leu cents per thou and uh'I*mis, provi led, Hint, tie* flush tank sh-ll ii tt exceed 500 gallons capacitv. an I shall operate not to exceed once in each 24 hours; it is especially provid e<i, nowev-r. 'hat the sum or amount paid to the said L rov Springs and T. Y. Wi liann and their successor-, or assigns, lor flushing ih?? se. v<?rs a fid sprint* ling the <>r- ?!-?, shall in no ca-e exceed m nv one year, the lax levied hv the 'own ol Lmcastoi, annua!i>, 01 he property of the said 1, ruy Springs and T. V. William* and their successor* or a?si?:nc, !iel | u riei'thii fra'Wii* a d < m i ..ei S cm ton -I. L is luriher ordained I hat the Town Council of Lancaster shall, from time to ' me, pass Mich ordinances a* -hall he necHss.irv l.n the p?o' ction ol the proper \ an I ap j | liances ot said L ra.v Spring and iT Y Williams and their su cess or ;; ;s'g:;s, and the enforcem oil ol such reasonable rules as may he made gov,.jp?iug tlio u-:e of water and lights. S? c'ion 22. That the rales to be charged private consumers I t.r wacr and lights shall not. ex' eetd die following schedule: W ATE It A single water faisee! or open ing $!V)0 per a mum. E *cli additional opening $2 00 per annum. First bath tub $4 50 per a:i num. v Additional bath tubV $2 00 per autiiim each. Water closets $4.00 per annum A hot and cold wmr c utuection shall be clashed as one opening. HOTELS. A single water opening $12.00 per annum. I Each additonal mmiiin./ <k't fta , I p er annum. First hath t uI) $G 00 per ni'viin. Additional bath tub j >o each per annum. Fjr:-t wW ^closet $5.00 per annuo : >vj..n>n..l each $2.50. I, ... us, each $2.0J. J..rbershops, eicu chair $3.00 per annum. LIVERY STABLES. $1.25 per horse Mail per annum. On demand of *eit her the consumer or said L-roy Sprint:* and T Y. William*, ur I heir ftiiocest-nrjj or assigns, a water meter may lie installed on any private service line, the cost ot installing this meter to be bone by the party making the demand, in which case, n meter rate of 25 cent* per 1,000 gallons may be charged provided, that a charge of $9 00 per annum may bemad* lor such meter service in lieu of meter rates The flat rate for electrical lighting for private consumers shall not. exceed the following: A 1 o * yj!.? jio tJanale L'ower light, 45 cents per month. Two 1(5 G md!e Power lights. 44 cents p??r month each. Ttuee 1G Candle P wer iights 43 coi t8 each. Four 1G Candle Power lights 42 cents each. Five 1G Candle Power lights 41 cents each. Six 1G C mile P >wer lights 40 cents eacli. Seven to ten lights inclusive 35 cents each. Over ten 1G Candle Pow? r lights a special rate not toexeeeO 35 cents each.*, I D-i iL- ... - jdui, 1110 saia L<3roy Springs and T. Y. Williams, or their successors and assigns, sli tll not Ijc required to install a transformer ! for less than 5-16 Candle Power , liphfs. ! Upon d? IP-Mid ?>* Ler ?V Springe* >'i? 4 T V. Wih tin' l-ctr mio ci-'-r ? ( n-i. ??r ?oy o11-? *; i,.i r 'i?r . :? Ml I r M;? 1 n.- i * -1 ??11 ?*l i* ill-4 I'osl Mil I xp if!' <i i parry in iking t n eiitiiM-i. mh?I tin* oliarpe in Uiiri 4-hv?? van!' n<?t exceed 15 cents per KUh-WhJI nnpoRtjii thereafter. Section 23 I> i* further provid ed that. Mt i}?? txpiraiinn of len (lOi V 4>ir-? I r U!l ill'* il ?t? ill lll? \ * u i*?-?! alin4s >ii <if >ho before ni^uinnied c;< f.ir.c 'iihting and water ?!? said town, of Lancus?r shad i lie right to pur ones i he v n ?-r #nj ks and elect ric uii' plants aforesaid, within the un it ol 'he said town of Lane?n rr The terms of purchase to b?* si i toll ?Ws?: The town of Luticuster shall usj uui" all bonded iiidebtedness .vhicii may have been incurred in 'm enlist ruction, repairs or ex iisinns nt said waterworks and .i etne lighting plaut, and secured by mortgage upon the property, provided, such bonded j debt shall not be in excess of the '.actual cost, cf the plunt, and the town ol Lancaster shall then pav to m; I L rov Springs and T. Y. Williams or t heir heirs, successors ! Ill* || v k I liw u cum ^ ? ^ | ? ? ^ ?? DU 111 U I O 11J VJ14 III' It* "tJ { fixr l i>\ valuation made by three 'competent appraisers, who shall ' t?e mechanical or hydraulic enj uinoers, and who shall not be ! residents o! the ('ountv ol LanThey shall be chosen as ji 1 o*s: One to be selected by n?.e iiiah of Lancaster, one bv i lie *..id Lnov Springs and T. Y. Williams or their successors or assigns, and the third by the two so chosen. The said appraisers shall estimate the v line of said property aim Iranchi.-es, considering the original cost thereof, with proper allowance for deprec.iati >n. and proy. ied, that such valuation shall not bo at a greater amount than such a sum as would represent the value on the basis of net annual earnings at the rate of G per cen'-., on an average f r the : lift-? years n< x' preceding tile dale ol fab-, li is inilt rstond that n t earnings re I era to a balance which in iv remain alter all uecesssry expenses, ol whatsoever kind, ami ttie iuiefest on the out stunning bunded debt is deducted, and provided lurther, that if in the estimation of the above spec ifiafl r>f . nnpuion.-?..t - - wm u v ntociilvjll ' I Hlit"II valuation does not exceed the bonded debt, I lie Raid town will have tho right to take 'over the Raid property upon assuming such bonded debt. 'Section 24. In case the said town ol Lancaster does not avail itself of said option at the expiration of ten (10) years, then it -hall ei j >y tho same right itrlhe same manner, at the expiration of a further period of five (5) years, thereafter, and at the expiration of each five (5) years thereafter until the full period of thirty ^30) years has elapsed. Section 25. The 6aid Lsroy - j Springs and T. Y. Williams and their nuecessors or assigns, agree to keep true and faithful accounts of all their transactions and upon reasonable notice, within one Near, ol dale of possible purchase by said town of Lmealier, will submit. for examination by said "iiiwn o< Lancaster, all books, coo irac.f, subscription lists, etc, necessary to show the bonded indebtedness, cost of plants and uunual net profits of Raid waterworks and electric fighting system (v Section 26 The said Leroy Springs and T. Y. Williams an 1 their successors or assigns, shall turn over the said water works and electric lighting system in a ? good state of repair when purchased by the said town of Lan / caster. Section 27 It is espcciall/ . . provide I, I hut the water imiiiH i installed bv 8 iid Leroy Spring and T Y. Wiliiains, tliiei suc<'ei? sors or assign*, shall consist ol 8 inch, 0 inch, ami 4 in cast iron pipe, with bell and spigot j iiii'h ot standard weight and specific* lion. T.ie m on line from the rn-i v iir 1 i i n'; in I to 111? oenti'cot d si ri oil ion in liie town, sli i'l be ! 8 inch pipe. No pipe slia i be l-c* lh.?n (? inch, tx-i?*p* lug on t-r.neii 1 iti'H not. exceeding 500 fee I in length, whom 4 inch pipe may be used. Passed and oidained by the Council of the Town of i ? mm \/l M.J % llVXIUCr) (CONTINUKD ON SECOND PAOE),