' ORDINANCE NO. 47
An Ordinance Granting to the Cordova
Power Company, its successors and
assigns, the right privilege, author
ity and franchise to conduct a water
works business in the Town of Cor
dova. Territory of Alaska, and to
place, lay, maintain and operate
> over or along the streets, avenues,
alleys, thoroughfares and public
highway* within the said Town of
Cordova, pipes, pipe lines, mains,
conduits, conductors, valves shut
offs, manholes and other appliances
for the conducting, holding or sup
plying of water for domestic, fire
and power and other purposes, and
to maintain, use and operate, over
and along the streets, avenues, al
leys, thoroughfares and public high
ways, within said town of Cordova,
pipes, pipe lipes, mains, conduits,
conductors, valves, shut-offs, man
hole*, and other appliances for the
conducting, holding or supplying of
water for domestic, fire, power or
other purposes, which the said Cor
dova Power Company .now .owns,
maintains, uses and operates In con
nection with its present water works
and distributing system in said
Town of Cordova, Territory of
Alaska.
Be It Ordained by the Common Coun
cil of the Town of Cordova, Terri
tory of Alaska:
Section 1. That there be and here
by is granted to the Cordova Power
Company, a corporation organized and
existing under and by virtue of
the laws of the Territory of
Alaska, and its successors and
assigns, the right, privilege, authority
and franchise to conduct a water
| works business in said Town of Cor
dova. and to placp, lay. maintain, and
operate over and along the streets,
avenues alleys, thoroughfares and pub
lic hlnghways within said Town of
Cordova, pipes pipe lines, mains, con
duits. conductors, valves, shut-offs
manholes, and other appliances for
the conducting, holding, or supplying
of water for domestic, fire and power
and other purposes. Said pipe mains
conductors, or other appliances in all
public streets, avenues, alleys and
public highways (except yvhen said
streets, avenues, or alleys are carried
on hriilges or viaducts), to be laid
beneath the ground in such a manner
as not to interfere with the free and
unobstructed use of said streets, a!
leys, avenues and thoroughfares for
public travel. Where said streets
I avenues, alleys or thoroughfares arc
carried on a bridge or a viaduct, such
| pipe mains, conductors or other ap
i piianees may be laid along the side
! „f such bridge or viaduct, or suspend
| ed underneath thereof, in such a man
! n.er ns riot to interfere with ptiblir
J i ravel c er or along the same. In ad
j d if ion to the pipe mains, conductors
| and valves hereinbefore mentioned
such other appliances may be used
as may be necessary or proper to op
I erate and maintain the same.
Section 2. That there he and here
by is granted to the said Cordova Pow
er Company, its successors and as
signs. the right, privilege, authority
and franchise to maintain, use and
• i n1 _ /'n.dnon f lin
Upt'ltlirr in .-laivi » ' ..
pipes, pipe lines, mains, conduits, con
doctors, valves, shut-offs, manholes
| and other appliances for the conduct
j ing. holding, or supplying of water
| for domestic, fire, power and other
| purposes which the said Cordova
Power Company now owns, maintains
uses and operates in connection with
and for the use of its present water
works and water system in the said
town of Cordova. Territory' of Alaska
Section 3, Whenever it becomes ne
cessary In the construction, ektenslor
or repair to such water works system
for the said Cordova Power Company
its successors and assigns, to dig int<
or in any way interfere with the pub
lie streets, avenues, alleys, thorough
fares or highways, in any way, oi
with any part thereof, in said Towi
of Cordova, the said Cordova I’owo
Company, its successors and assigns
at its own eipense, shall without de
lay put such streets, avenues, alleys
thoroughfares or highways in as gooi
condition as it was before being si
broken up, dug into, or disturbed, am
shall remove alt surplus earth, sand
rubbish or other material of the sail
street, avenue or alley which may b
taken or dug up in the constructor
extension or repair of such wate
works system.
Section 4. Nothing in this Ordl
nance shall be construed in any wa
to prevent the proper authorities c
the Town of Cordova, from sewerln*
planking, grading, repairing or altei
ing any of the streets, avenues, alley!
thoroughfares or public highways c
said town, but all such repairs an
work shall be done, in so far as pos
sible, so as not to injure, obstruct o
interfere with the use of said pipei
pipe lines, mains, conduits, conduc
ors valves, shut-offs, and other a]
pltances and apparatus by said Cor
dova Power Company, Its successor
and assigns.
Section 5. That all the right:
privileges, authorities and frai
chlse herein granted and cor
tarred upon the grantee, the said Co
dova Power Company, Its successor
and assigns, shall continue for
period of filly (50) years from tb
. date of the acceptance an- here!
provided. Providing, however, that an
time after the expiration of ten years
from the date hereof, said Town of
Cordova, being then and there a mu
nicipal corporation, upon giving one
year's notice to said Cordova Power
Company, Its successors or assigns,
may purchase said water works ays
I tem, by paying therefor. to
the owner or owners thereof, the ap
j praised valuation of said water works
1 plant and distributing system,
not including this franchise,
which in event of purchase by the
town shall become null and void. The
appraised valuation shall be fixed by
a majority of a board of appraisers,
consisting of three members, of which
board tiie said Town of Cordova shall
| within thirty days from the date of
serving notice of intent to purchase.
; name and select one member os Its
I representative or appraiser, and in
jlike manner, the said Cordova Power
Company, its successors or assigns,
shall name and select its representa
tive or appraiser, and the two thus
named shall within sixty days there
after. name and select a third member
of said board, and the valuation of
said water works plant and distribute
, ing system, as fixed by said board,
I shall constitute the appraised valua
tion hereinbefore mentioned; said ap
! praisal or valuation shall be made
by said board before the expiration
of the required one year's notice of
intent to purchase.
In case said town of Cordova, after
giving notice of intent to purchase,
and after due appraisal of said plant
and system, shall fall to complete the
purchase of said plant and system
writhin one year from the
date of the rendering of the decision
of the board of appraisers as to the
valuation thoreof, the said Town of
Cordova shall not again exercise its
option to purchase for a period of five
yeary from the date of said decision,
and then only after due notice and
appraisal as hereinbefore provided.
Section fi. In consideration of the
rights, privileges and franchise here
in’ conferred upon the said Cordova
Power Company, its successors and
assigns, said Cordova Power Company
agrees, ror ltsen, sutvcaouia «mu
assigns, that it will sell and supply to
the Inhabitants of the Town of Cor
dova. water for domestic purposes at
: rates per month not to exceed the
following:
The maximum flat rate for one fam
: ily for water used for domestic pur
I poses, including one bath, one lava
tory, anil one toilet, but not including
water used for power purposes, shall
be two and 50-100 ($2.50) dollars per
month.
For use by meter the maximum rate
to be charged shall be fifty (50c)
cents per one thousand gallons, but
either by flat rate or meter rate no
' single service shall be less than two
| ($2.00) dollars per month.
In case of the use of meters, the
1 cost of the meter and cost of install
ing the sam* may be taxed to the
1 consumer, hut such meter shall at al
. | times be in the control of the Cordova
I power Company. But in case the cosi
. j is not taxed against the consumer, the
j company may charge a fair monthlj
j rental for the use of said meter, in ad
j dition to the water rental,
i i And the said Cordova Power Com
,! pany. for itself, its successors ani
I! assigns, agrees to furnish the Towi
j of Cordova with water for fire protec
I! tion purposes for a monthly rental o
, not to exceed four and 50-100 ($4.50
! dollars for each and every hydrant in
r j stalled In the Town of Cordova.
Section 7. This grant is mad
- • for a period of fifty (50) years fron
t the date of its acceptance as provtdei
f herein, at the expiration of whicl
:, period all rights and privileges hereii
•- granted or conferred shall cease am
;, terminate; but at the expiration of ftv
f years from the date of the acceptanc
1 of this franchise as herein providec
-{upon demand of either the Town c
r Cordova or the Cordova Power Com
i, pany, its successors or assigns, ther
:• shall be a readjustment of the rate
i- to be paid to said company, it succesi
- ors or assigns for water furnished t
s the consumers, which rate shall b
determined and agreed upon by tb
i, parties hereto If possible; but if sue
i- agreement cannot be had between th
- parties hereto, the rate shall be arb
•- trated by a board of arbitn
s tion, consisting of three members
a one to be appointed by tb
e Cordova Power Company, Its succes
u ors or assigns, one bj» the Coeamo
t Council of the Town of Cordova, bot
appointment* to be made within thirty
days after notice that such arbitra
tion Is desired, and the two thus named
shall appoint within sixty days
a third. and such board of
arbitration, or a majority thereof,
shall have full power to increase or
decrease the rates to be charged said j
'consumers, and the rates fixed by
i
said board shall be final and binding
upon both parties, and upon filing of
a written report concerning the same
by the board with the Town Clerk of
the Town of Cordova, said rates shnll
be deemed amended in accordance
therewith.
Such adjustment or readjustment of
rates may be made at the expiration
of each subsequent five years during
the life of this franchise, providing
the new rates so established shall al
low the Cordova Power Company, its
successors and assigns, the cost of
I operating and maintaining a water
works system sufficient to furnish the
j service then being rendered, and 8,
j per cent upon a sum equivalent to the
cost of said water works plant and
distributing system, such cost of
| plant and distributing system, and the
cost of operating and maintaining thp
\ same to be fixed by said board of ar
l filtration.
Section 8. The said Cordova Power
Company further agrees, for itself its
j successors and assigns, that during
j the life of tills franchise, it shall an
j nually pay or cause to be paid into
| the treasury of the Tow n of Cordova
1 . . .. .
I mi iuv*n pm |>wncn <i »»t iu»
gross earnings of said plant as fol
lows:
Upon the first $10,000 of gross earn
ings in any one year, 2 per cent.
Upon gross earnings of between
$10,000 and $15,000 in any one year,
:> per cent.
Upon gross earnings, of over
$15,000 in any one year. 4 per cent,
j Providing, however, that any tax
I levied on said water works sys
i tern or franchise or privileges
j herein granted to the said Cor
dova Power Company. its suc
cessors or assigns, by the said Town
of Cordova, or any tax or license im
j posed by the United States on
| said water works system or the fran
chise or privileges herein conferred by
the Town of Cordova, that re
verts to, or is covered into the treas
ury of the Town of Cordova, shall be
deducted from said percentage to be
paid by the said Cordova Power Com
pany, its successors or assigns, to the
said Town of Cordova, and said per
centage shall be Iq that extent re
duced and diminished.
Section 9. That said Cordova Pow
er Company, its successors and as
signs. further agree to furnish to the
inhabitants of the Town of Cordova
good and wholesome water, and to en
large and extend said water system as
the development and growth of said
Town of CoVdova may require.
, ---
Section 10. It is furth* r agreed that
if the Cordova Power Company, its
successors or assigns, shall fail to
keep and perform any of fhe coven
ants and conditions of this franchise,
by it to be kopt and performed, and
upon notice thereof bring given to
the said Cordova Power Company, its
successors or assigns, shall continue
to so fail in K* performance of such
conditions bejrorui a reasonable length
of time, then this franchise may be
forfeited by a decree of a court of
competent jurisdiction.
Section 11. That said Cordova Power
Company may indicate its acceptance
of this franchise in writing within
thirty (30) days from the date
of the passage and approval of
‘this Ordinance, and if not so
accepted said ordinance so granted
shall cease and terminate.
Section 12. That the rights and
privileges in this Ordinance granted
are not exclusive rights and privileges,
and the Town of Cordova reserves
the right to grant franchises for the
same purposes as herein contained to
any other person or corporation; pro
vided, (hat if such other franchises
are granted on more favorable terms
lo the grantee in respect to the per
centages to be paid the Town of Cor
dova unde* Section 8 of this Ordin
ance, then the percentages herein pro
vided for under said Section 8 shail_
be changed to the same level as in
said other franchises, said change to
hecntnp effective at once UDon the
filing of written notice thereof by the
all new rates so established shall al
operating and maintaining a telephone
Cordova Power Company, its success
ors and assigns, with the Common
Council of the Town of Cordova.
It being understood that the Cordova
Power Company, in accepting this
franchise waives the right to the ex
clusive use of the street for the con
ducting. holding or supp’.ving of water
for domestic, fire and power and
other purposes, conferred upon it
by a franchise given by C»8orge
<’. Hazelet as trustee of the Cordova
Townsite. and the To' i of Cordova
releases all claim for and waives all
right to any percentages due or to be
come due upon gross earnings of the
Cordova Fewer Company conferred
[ upon it by said Hazelet franchise.
Section 13. This ordinance shall
take effect and be in force from and
J after its passage and approval by the
| Common Council of the Town of Cor
dova. and shall be published once in
the Cordova Daily Times.
Passed and approved this 15th day
of May, 1916.
H. A. SLATER.
President of the Common Council of
the Town of Cordova, and ex
Officlo Mayor Thereof.
Attest:
Edward F. Medley.
Town Clerk of the Town of
Cordova. (Town Seal)
-——
[first BANK CORDOVA |
CAPITAL STOCK $25,000
| 4% On Time Deposits |
I We Sell Travellers’ Checks
Gold Dust Bought at Highest Market Prices |!
DESPOSITORY FOR TERRITORIAL FUNDS.
1 f ,
; The Leading Hotel of Alaska
* WINDSOR
%m hotel
t .,,J
X? ...... •* •*
| Alaskan Hotel |
iS THE HOUSE OF COMFORT
| _ • 1
THE BEST EQUIPPED HOTEL
IN ALASKA
*: £
Hot and Cold Water, Electric Bells, Electric
Lights, Steam Heat, Suites With Bath,
Bar in Connection |i
I ROBERT GOTTSCHALK Proprlteor* ART CLONINGER j:j:
*| CORDOVA, .... ALASKA |
ii^——^
Sixty Steam Heated Rooms Eletric Lighted
Hot and Cold Water in Every Room
With or Without Bath.
Cordova House
H. C. ROSS, Proprietor.
Headquarters for Railroad and Mining Men
Satisfaction Guranteed
Rates Reasonable
.. . .-■»
tordova Power
Company
i I •
LIGHTS, WATER, PHONES
AND POWER
25 and 40 Watt Lamps.35a
60 Watt Lamps.50a
v 100 Watt Lamps.75c
T 250 Watt Lamps.$2.00
200 Watt, Gas Filled Lamps.$3.00
' ■ *_•
Office: FIRST STBSBT.
■ - ---------- - -- - ' ^ -^
MEET YOUR FRIENDS AT THE MUSIC ROOM
OF THE
Northern Drug Co.
Phone 94.
i -—
DEVELOPING AND PRINTING
Victor and Edison Victrolas. Stationery.
Prescriptions Carefully Compounded.
i We are the authorized agents for the U. S. Coast
1 and Geodetic Survey Charts and Tide Tables.
l ■ ■ ' - - I _ I!■ ' -- ”
i! r-—1 ■
: “SURE! I have tried
< Ruhstaller’s Gilt Edge Beer.”
P
: “How do you like it?”
e
: “FINE! Best beer brewed.”
0
Ask for it at the Horseshoe, Mint, Mecca, Windsor
e Hotel, Alaskan Hotel, Simpson A O’Brien’s, Cordova
'■ House and Northern Saloon.
>
1 -