xt70zp3vt865_174 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. City of Louisville et al. v. Louisville Gas and Electric Company text City of Louisville et al. v. Louisville Gas and Electric Company 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_19/Folder_8/0001.pdf 1913 1913 1913 section false xt70zp3vt865_174 xt70zp3vt865 ' ‘ A I.. ,
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£ N°- ”“63 JEFFERSON CIRCUIT COURT ;
CHANCERY BRANCH :
City of Louisville, individually, ,
City of Louisville for the use
and benefit of the gas consumers, -
taxpayers and inhabitants of the
City of Louisville,
B. C. Neat,
Louis Hertel,
John W. Shymanski,
Shymanski & Sons, a corporation, ' 7
Moses Rothchild Company, a corporation, :
individually, and ;
B. C. Neat, 1
Louis Hertel, -
John W. Shymanski,
Shymanski 8: Sons, a corporation,
Moses Rothchild Company, a corporation,
for the use and benefit of the gas ,
consumers, taxpayers and inhabitants
. of the City of Louisville similarly
situated, Plaintiffs, . .;
vs PETITION IN EQUITY
Louisville Gas and Electric Company Defendant. ’l
' l
Plaintiffs state: ‘
That the City of Louisville is a municipal corporation of the first class, with power to
sue and be sued, contract and be contracted with, and. by virtue of the laws of the State of
Kentucky, possesses and excrciscskall powers, rights and duties so conferred.
That the defendant, Louisville Gas and Electric Company, is a corporation created by
and under the laws of the State of Kentucky, with power to sue and be sued, contract and be
contracted with, and to sell and distribute natural gas to consumers in the City of Louisville ,
through pipe lines and mains installed in the public streets and public ways of said City under !
franchises obtained from said City; that the defendant also sells and distributes electricity to f
consumers in the City of Louisville by and through its poles and conduits in and upon the 7
public streets and public ways of said City under franchises granted by said City; that no
olhcr corporation. company or individual sells gas or electricity to the public in the City of 2
Louisville: that the defendant now has a monopoly to sell natural gas and electricity in said i
City; that there is no other corporation, company or individual selling manufactured gas. 01'
mixed gas in said City. ‘
ORDINANCE-S CREATING NATURAL GAS FRANCHISE AND ELECTRIC CONTRACT.
That by ordinance approved March .'.-l5), 1913, the City of Louisville, by and through its ~
General Council, created a, franchise or privilege of acquiring, laying, maintaining and oper—
ating in the streets, avenues, alleys and public ways of the City of Louisville, a system of
mains, pipes and pppliamcs for the distribution and sale of natural gas. manufactured gas .
and mixed gas, and providing for the sale of said franchise. Said franchise is in words and
figures as follows: .
lic ii ordained by the General Council of the City of Louisville:
§ 1. Thcrc is hcrcby created the franchise or privilege of acquiring, laying, maintain- '
ing and operating in the streets, avenues. alloys and public ways of the City of Louisville, ‘ 7
Kentucky, a system of mains, pipes, fixtures and appliances for the distribution and sale of
natural gas, manufactured gas and mixed gas for heating and lighting and other purposes.
§ 2. The person, firm or corporation which shall become the purchaser of said fran-
chisc shall for convenience be hereafter referred to as the grantee. . 3*
§ 3. The grantee shall have the right, privilege, permission, authority and franchise, ,
subject to the provisions hereof and to all powers reservedto said city, to acquire, 1337;092:753», .:,
struct, maintain and operate a system of mains and pipes, in, along, through and undescfife?
streets, avenues, alleys and public ways Within the corporate boundaries of- the" W’Ffii‘f-‘
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Louisville as they now exist or may hereafter be extended and on and under the bridges and
viaducts owned and controlled by said city for distributing and selling natural, manufac—
tured and mixed gas.

§ 4. All pavements and sidewalks shall be taken up and all excavations in said
streets, avenues, boulevards, sidewalks, lanes, highways, alleys and public ways shall be made
only with the written permission of the Board of Public Works and under the supervision
of said board, and such mains, pipes and appliances shall be located in such portion of the
streets, avenues, boulevards, lanes, highways, bridges, viaducts or public ways as may be des—
ignated by the Board of Public \Vorks, using alleys as far as practicable, provided that said
pavements and sidewalks and excavations shall be replaced and restored by and at the ex-
pense of the grantee to their former condition, and shall be maintained for five years in as
go’od condition as the remainder of said street, alley or public way. Should said grantee fail
or refuse to replace or restore. said pavement, sidewalk or excavation within a reasonable time
then same may be replaced and restored by the city under the direction of the Board of Pub—
lic “'orks at the cost and expense of the grantee. Before any excavations are made by the
grantee at any time on any street or highway or any public way for any of the purposes named
in this ordinance, a plan of same must be filed with and written permission therefor shall be
obtained by the proper officer from the Board of Public WVorks of said city, which permit shall
state the particular part of the street or highway or sidewalk where said work is to be done
and the length of time said permit shall authorize work to be done thereunder.

§ 5. Whenever the city shall. grade or regrade any street, alley or public highway, or
shall construct or reconstruct any sewers or connections along or across which said grantee
shall have constructed any mains or pipes, it shall be the duty of said grantee at his own ex-
pense to change said mains or pipes so as to conform to the street, alley or public highway
so graded or regraded, and to conform to said sewers constructed or reconstructed on an order
therefor from the Board of Public Works of said city.

3' 6. Said grantee, his successors or assigns, shall within sixty (00) days after the ac-
ceptance of this ordinance begin and continue to lay a main pipe or lines of pipe or cause the
same to be done from the most available source of supply of natural gas in the State of \Vest
Virginia to the City of Louisville, which said main line or lines shall consist of continuous pip-
ing and be a piping capable of withstanding a pressure of three hundred and fifty (350)
pounds per square inch and be of a size having a capacity for supplying twelve million (12,“
000,000) cubic feet of gas per day to said city and provided with all necessary equipment to
said city and provided with all necessary equipment to supply the capacity aforesaid, and
said grantee shall complete said line or lines of pipe within one year from the passage and ac—
ceptance of this ordinance, unless prevented from so doing by the delays of bona fide litiga—
tion or by other causes beyond the control of the grantee. And said grantee shall immediately

"(thereafter commence to supply natural gas to consumers up to the capacity aforesaid, pro-
vided that if the work herein authorized be delayed by injunction, bona tide litigation or by
other cause or causes beyond the control of the grantee, such delay or delays shall not be con-
sidered in estimating the time within which such work shall be commenced and completed

, and natural gas supplied. Said supply of twelve (12,000,000) million cubic feet per day shall
not be reduced by reason of any connections with said pipe line being made between the City
of Louisville and the source of supply. And said grantee, his successors or assigns, shall in
forty (40) days after the acceptance of the bid of grantee execute a bond to the City of Louis—
ville with good and sufficient surety, to be approved by said city in the sum of two hundred

. ”and fifty thousand ($250,000) dollars conditioned upon the carrying out of the provisions of
this section of this ordinance as to the bgginning, continuguice and cpp'ipletion of the laying of
said pipe line and bgginning to furnish natural gas thereby and upon said conditions being

“fulfilled said bond shall terminate and sureties be released, and said bond shall be given as
additional security to the bond provided for in Section 7.

§ 7. The grantee shall, within forty (40) days after the acceptance of the bid of gran-
tee execute a bond to the City of Louisville, with good and sufficient sureties to be approved
by the city, in the sum of fifty thousand ($50,000) dollars, conditioned upon the faithful per-
formance and discharge of all the obligations imposed upon the grantee by this ordinance, in-
cluding the obligations imposed by Section 6 hereof, and conditioned that the grantee shall
restore the sidewalks and pavements and all public ways to the original condition and main-
tain the same as provided in Section 4, and shall save the city harmless from all loss and dam-
age which may be done to the public ways or other property, or to persons or property of in-
dividuals by the conduct of the grantee’s business, or arising out of the uses and privileges
herein granted. Said bond shall be renewed from time to time as and when required by the
City of Louisville. Said bond shall further be conditioned that the grantee shall defend all
suits and pay all judgments against the City of Louisville and hold the city free from all lia-

- bility arising out of the construction, maintenance, or operation of the grantee’s mains, con—
duits or other apparatus in the public ways of the City of Louisville.

} § 8. The quality of natural gas, or natural and manufactured gas, or manufactured
gas to be furnished shall be adequate and proper for the uses and purposes herein named and

, ,,,'} ,‘ , ', shall not .be less than seven hundred (700) British thermal units to the cubic foot as furnished

‘:2; at the point of consumption, and the pressure at no time shall be less than three ounces nor

ii“ “..moi'e than twelve ounces to the square inch at the point of consumption, and these facts shall

 I " . .

be ascertained by the Gas lnspector provided for in Section 9 hereof, and in case the quality _
of gas furnished shall in any month for an aggregate period of seventy-two hours fall below
said standard of seven hundred (700) British thermal units to the cubic foot at the point of
consumption, then the bills for that month of all consumers shall be reduced directly in the
proportion that the average number of British thermal units furnished below said standard
during any such period of seventy-two hours, or any period said gas falls below said standard
above said period of seventy-two hours, shall bear to the standard of seven hundred (700)
British thermal units established herein, and if the pressure at the point of consumption shall
in any month for an aggregate period of seventy-two hours fall below said standard herein
fixed, then all bills of consumers for gas furnished during said month shall be discounted ten
per cent. from the net price or rate. provided, and if said time that such natural gas falls be—
low such standard in such month exceeds seventy-two hours then said bills shall be discounted
an additional ten per cent. for each additional seventy-two hours or portion thereof.

§ 9. The said grantee shall at his own expense construct service pipes from his mains
to the property lines, the consumer to construct and extend them thence into their premises
at their own expense, provided that where the owners of property consent the grantee may at
his own expense place and maintain at least one service pipe into the premises to the point of
consumption. The grantee shall at his own cost and expense supply, place and maintain all
gas meters, which shall be of a standard make, tested and sealed, and they shall remain the
property of the grantee. ()ver a 2 per cent. variation at any time shall be cause for the re—
placement of any meter. All of said meters shall be subject at all times to a reasonable sys—
tem of inspection to be provided for by ordinance of the City of Louisville. A competent
chemist or gas inspector may be employed by the City of Louisville to inspect meters as to
their accuracy at any time and to test the pressure and heat unit quality of the gas furnished
by said grantee once a day or oftcner, as may be desired, and to analyze the gas furnished for
added dilutents 0r impurities. Said inspector shall report the result of. any and all tests to the
Board of Public “York's, or its successors in office or authority, to be entered upon a record

‘ kept for that purpose, which shall be open at all times to public inspection. The duties, term
of office and compensation of such employe and assistants, if any, shall be fixed by ordinance.
§ 10. In consideration of the privileges herein granted the said grantee shall furnish
gas to consumers for light, heat or other purposes from and after natural gas is first furnished
hereunder at not exceeding the following rates; '
AMOUNT TO BE CHARGED THEREFOR.
For the first 100 cubic feet per month or less, 40 cents.
More than 100 and less than 300 cubic feet per month, 47 cents.
More than 300 and less than 700 cubic feet per month, 62 cents.
More than 700 and less than 1,100 cubic feet per month, 72 cents. '
More than 1,100 and less than 1,300 cubic feet per month, 83 cents.
More than 1,300 and less than 1,500 cubic feet per month, 94- cents.
More than 1,500 and less than 1,600 cubic feet per month, $1.02.
More than 1,600 and less than 1,700 cubic feet per month. $1.08.
More than 1,700 and less than 1,800 cubic feet per month, $1.16.
More than 1,800 and less than 1,900 cubic feet per month, $1.21.
More than 1,000 and less than 2,000 cubic feet per month’, $1.33.
For the first 2,000 cubic feet per month, $1.33. All additional gas over the first 2,000 cubic
“I feet per month, at the rate of 38.88 cents per thousand cubic feet.

The consumer shall be allowed a discount of ten (10) per cent. from the above rates on
all bills paid within ten days from the date thereof.

The grantee may also make special contracts with consumers at rates based upon the
amount of gas used and the conditions of the contract, which special rates may be less than
those charged to consumers taking a smaller amount of gas or taking gas under different con—
ditions, but said special rates shall be the same to all consumers using a like amount of gas
under the same contract conditions,

A schedule of such special rates and contract conditions shall be filed with the Board
of Public Works and each and every change therein shall also be filed with the Board of Pub—
lic “forks and be open to public inspection. But if the demand from special rate consumers

z/threatcns the general supply the grantee may shut off the supply from special rate consumers
in whole or in part and if the grantee fails or refuses to do so the General Council may by
' ordinance require the grantee to do so.

§ 11. If at any time within the life of the franchise hereby created said Board of Pub-
lic Works of the City of Louisville shall approve a plan for the erection and maintenance of
street lamp posts or standards along any street, boulevard or public way within the city
limits, or extending beyond the city limits of the City of Louisville, and the City of Louisville
shall provide for the erection of same, and said grantee shall have a main or pipe line extend-
ing along said street, boulevard or public way. said grantee agrees to connect said main or
pipe line with said standards and to fit said standards with incandescent equipment, to main-
tain, repair, replace all globes, clean, light and extinguish. and to furnish natural gas, mixed

‘ gas or manufactured gas to the same on the all-night schedule at a reasonable rate to be fixed

 I £ . .-
by the Board of Public Works after a hearing of the grantee and by ordinance duly passed
by the General Council.

. § 12. The object of the franchise hereby created is to make available for the people of
Louisville natural gas at a rate commensurate with the cost of natural gas to the people of
other cities similarly situated and below the cost of manufactured gas, and said grantee shall
lake all reasonable precautions and measures necessary to furnish natural gas hereunder, dur—
ing the life of this franchise, but in the event said grantee shall, through no fault of his own,
be unable to supply antural gas in sufficient quantities to meet the demand for same, and it
shall become necessary to use a material quantity of manufactured gas, the grantee shall give
written notice thereof to the Mayor, the Board of Public \Vorks, and the General Council and
thereupon the Board of Public “'orks shall, by experts employed by it, make a thorough in
vestigation of all the facts relating to the inability of the grantee to supply natural gas and
also of all the facts bearing on the reasonableness of rates for natural gas mixed with manu~
factured gas, or for manufactured gas, and in making said investigation said Board or said
experts shall have the right to examine the plant, business, books and records of said grantee
and said Board of Public Works shall, after a full hearing of the grantee, find whether or not
said grantee’s claim that he is unable to supply natural gas is well founded, and shall report
said finding to the General Council and also report all the facts which it has ascertained by
said investigation, and the General Council shall after considering said report and taking into
consideration all the conditions surrounding the furnishing of said natural gas mixed with
manufactured gas or manufactured gas, fix reasonable rates to be charged therefor in the event
it shall find that said grantee is unable to furnish natural gas in sufficient quantities as re—
quired by the franchise and in case said General Council does not within ninety (90) days
after said written notice from the grantee fix such rates, or in case of a disagreement as to the
inability of said grantee to furnish natural gas between the General Council and the said
grantee, then said grantee shall have recourse to the courts to establish said fact, and when
said grantee shall have established said fact to the satisfaction of the court, said grantee shalt
have the right to distribute natural gas mixed with manufactured gas, or manufactured gas,
at rates to be fixed by said grantee until said General Council shall fix rates to be charged for
such gas by said grantee, upon which said grantee shall at once accept such rates fixed by the
General Council, as the rates for furnishing said gas and such rates may be adjusted from
time to time as may be necessary upon notice, hearing and investigations as aforesaid, but
the rates to be fixed hereunder whether by said grantee or by the General Council shall at all
times be reasonable both as to said grantee and the public, and in the event a supply of nat-
ural gas shall again become available from said \Vest Virginia field for the purpose of this
franchise the right of said grantee to furnish manufactured gas shall cease and it shall become
the duty of said grantee to again furnish natural gas at the rates herein prescribed.

§ 13. All bills for gas shall be due and payable ten days from the date hereof and
upon the failure of any consumer to pay any bill within fifteen days from such date, the gran
tee may discontinue the service of such consumer and said grantee shall not be required to
furnish service to such consumer until he has first paid all IIIODGY due the grantee and in addi-
tion thereto a charge of one dollar for turning on or reconnecting the service.

§ 14. Said grantee shall extend its mains and pipes for the distribution of natural gas
on such streets, avenues, ways and alleys as may be named by ordinance of the General Coun-
cil followed by notice from the Board of Public Works to proceed thereunder and within the
time specified in said notice, provided that in every such case at least six consumers on an
average for every four hundred feet of extension so made necessary shall first in writing
agree to take such gas from said grantee for a period not less than one year at the rate then
in force and effect. Every ordinance providing for extending the mains and pipes as above
mentioned, shall have appended thereto the signatures of the required number of prospective
consumers and such ordinance shall further contain a provision that in case such prospective

- consumers, or any of them, causing a reduction below the required number of consumers, fail

within thirty days after the passage of the ordinance aforesaid to agree to enter into a contract
with the grantee as herein required, such ordinance shall not be enforced. If the grantee
should fail or refuse to obey any such ordinance for a period of ninety days after the approv—
al of the same and after said consumers have made or offered to make the agreements afore-
said, said grantec shall pay to the city the sum of five ($5) dollars for each and every day
such failure or refusal continues. Failure to obey such ordinance authorizing an extension of
mains and pipes each day shall constitute a separate violation, and shall entitle the city to the
aforesaid sum.

§ 15. if any street, avenue or highway is about to be paved or repaved by the city of
Louisville, said grantee shall, on notice from the Board of Public Works, make any exten-
sions of mains and pipes ahead of the paving, including connection to the property lines where
buildings are already located and to the property line in front of vacant property if there is as-
surance that houses will be erected upon said vacant property within twelve months; provid-
ed, however, that the mains of said grantee shall be already located not more than two hun—
dred (200) feet from any portion of the street to be paved or repaved.

§ 16. In order that the city and its inhabitatns may receive the benefits of natural gas ‘
more speedily and with less disturbance of the streets, avenues, alleys and ways of the city
and less inconvenience to the public than would otherwise be possible the grantee is hereby

 u \ . '

authorized to acquire the ownership or use or control by consolidation, purchase, lease, agree-
ment or otherwise, of the pipes, mains, works and property of either or both the Louisville Gas
Company and the Kentucky Heating Company of the city of Louisville, and the consent of
the city, in so far as such consent is necessary is hereby expressly given to said grantee, his
successor and assigns, to make such consolidation, transfer, lease or disposition of his or their
pipes, mains and property, with the provisions that any consolidation, purchase, lease, agree-
ment, use or enjoyment shall be subject to the provisions of this ordinance and subject to all
rights reserved by and for said city of Louisville by the provisions of the charter of the Louis—
ville Gas Company, except the provisions in reference to prices of gas for illuminating pur—
poses and fuel purposes and the candle power of said gas, which provisions are expressly
waived by the city in so far and for the time the physical property of said Louisville Gas
Company is acquired or used under this franchise.

And the right of the city of Louisville to purchase the property of the Louisville Gas
Company at the expiration of the charter of said Louisville Gas Company is reserved. but said
right is deferred until the expiration of this franchise if the property of the Louisville Gas
Company is used undcr this franchise as set forth above.

§ 17. This franchise, and all work that may be done thereunder, shall be subject to
such regulations, rules, laws and ordinances as may now be in force, or which may be here—
after enacted or adopted for the reasonable regulation of the uses of the streets and ways 01
the city of Louisville and subject to such reasonable regulations as may be adopted for the gen—
eral welfare of the citizens or the safety of their lives and property.

§ 18. All prohibitions, forfeitures and obligations, and all other provisions of the or
dinance shall be binding upon the grantee, his successors and assigns, whether expressly so
stated herein or not, nnd all grants and privileges secured by this ordinance to said grantee
shall be held to inure to the benefit of such grantee, his successors and assigns, and the con
sent. of the city of Louisville is hereby expressly given to said grantee to assign this ordinance
and all permission, right and privileges and authority hereby granted to any corporation
which may be created for the purpose of carrying out the terms and conditions of this ordi-
nance.

§ 19. The franchise created by this ordinance is subject to the exclusive privilege in a
charter heretofore granted to the Louisville Gas Company.

§ 20. The franchise hereby creatcd shall continue for a period of twenty (20) years
from and after the same shall become effective, and shall constitute a contract between thc
grantee, his successors, assigns or transferee, and the City of Louisville, binding the grantcc
to rcndcr the service herein specified.

§ 21. It is hereby expressly provided that at the expiration of said term of twenty
(20) years the City of Louisville may acquire by arbitration all the plant, equipment and con—
struction installed or used under the proviSions of this franchise in the following manner:

Notice of the intent of said city to exercise its option hereby retained shall be given to
said grantee, his successor or assigns, at least two years prior to the expiration of said term of
twenty years. In case such parties are unable to agree uopn a price to be paid therefor, thc

4 amount shall be fixed by a Board of Arbitration to be chosen as follows:

Two members of said board shall be appointcd by tho Mayor of the City of Louisvillc,
one of whom shall be a qualified gas expert. Two mcmbcrs of said board shall be appointed
by the grantee, his successor and assigns, one of whom shall not be intercstcd in {my way or
connected in any manner with said grantee, his successor or assigns, and one of whom shall be
a qualified gas expert, and these four arbitrators shall select a fifth member who shall servo
with them as said Board of Arbitration, and said board shall fix the price to be paid therefor.
Said Board of Arbitration shall have the power to examine all the physical property, books
and records of the grantee, his successor and assigns at any time, but lhc City of Louisville
shall not be required to purchase at said price unless it elects to do so, and it shall make its

' selection within ninety (90) days from the date of the report of said arbitrators. The salary
and expenses of the Board of Arbitration shall be divided equally between the grantee and
the City of Louisville.

§ 22. r["hc City of Louisville, through the inspector herein provided for, or othcr
agents and inspectors hereafter to be appointed by the Mayor of said city for this purpose, _
shall have the right at any time to examine the books, papers, contracts, obligations and
agreements of the grantee, and also all physical property, plants, generating stations, pipes,
appliances and equipment of said grantee, built, erected, maintained or operated under and
pursuant to the provisions of this ordinance. But said inspection shall not be had more than
once in any one year. and said inspector or inspectors before acling on behalf of the city.
shall be duly sworn to secrecy and shall make their report only to the Mayor of said city, to
be used by him as he may see fit for the purpose of carrying out the provisions of this
franchise. .

§ 23. Nothing in this ordinance contained shall be construed as exclusive or as pre-
venting thc City of Louisville from granting a like franchise or privilege to any other person,
firm or corporation.

§ 24. It shall be the duty of the Board of Public Works as soon as practicable after
the passage of this ordinance to advertise by not less than two insertions covering a period of
not less than two weeks in the Louisville Times and Louisville Anzeiger, daily papers of the

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City of Louisville, the sale of the. franchise or privilege herein set out and to sell the same at
public auction to the highest and best bidder at a time and place to be fixed by the said board. ‘
‘ The right to reject. any and all bids shall be reserved. The highest bid made by each biddcr
shall be transmitted to the General Council at its next meeting following the same with the
recommendations of the Board of Public \Vorks as to which bid the said board considers the
highest and best, and the General Council may accept that bid which in its judgment is high-
cst and best.
§ 25. N0 bid for such franchise shall be received or considered by said board unless
such bidder shall at the time sot for such salc deposit with the person conducting the sale for
lhe City of Louisville a certified check payable to the Treasurer of said city for the sum of
two thousand five hundred ($2,500) dollars, duly certified by some bank doing business in thc
(‘ity of Louisvillc, which sum shall be treated as part payment of tlic first installment of the
purchase price by the successful bidder in case he shall comply with the terms of his bid, but if
he shall not do so it shall be retained as liquidated damages due the city. Any checks which
may be deposited by unsuccessful bidders shall be returned to them when the General Council '
shall have accepted the bid which in its judgment is highest and best. The upset price of said
franchise or privilege shall be and the same is hereby fixed at twenty-live thousand ($25,000l
dollars, and the Board of Public Works shall not accept any bid for less than that amount.
, § :26. In case the successful bidder for said franchise or privilege shall fail, within
forty days after his said bid shall have been accepted, to comply with the provisions of this
ordinance, he shall forfeit the amount of his bid to the City of Louisville, and be released ‘
from all obligations thereunder, and the Board of Public Works shall again advertise said
franchise or privilege for sale in the manner in which the first sale was made and shall again
sell said franchise or privilege in the same manner and upon the same conditions ad require—
ments in all rcspccts as tho original sale of said franchise or privilege was made, and in casc
the successful bidder at such sale shall fail or refuse to comply with the terms of said salc .
within the time prescribed, then the Board of Public lVorks way again advertise such fran- ,
chisc or privilege for sale in the manner provided herein and may continue to do so until said
franchise or privilege is purchased by some bidder who will comply with the terms of said
sale.
§ ‘27. This ordinance shall take effect from and after its passage. ‘
An attested copy of said franchise is filed herewith, and made a part hereof, marked
“Exhibit 1.” '
That the General Council of the City of Louisville enactcd an ordinance which was ap-
proved by the Mayor of said city on March 29, 19,13, authorizing the Mayor of tho city, on be—
llalf of said city, to enter into and execute a contract with H. M. Byllesby and Company with ref— ‘ .
crcnce to certain public utility companies operating in said city, and providing for the carry-
ing out of the terms and conditions of said contract. Said ordiancc is in words and figures
as follows: ‘
AN ORDINANCE authorizing the Mayor of the city of Louisville on behalf of said city to
enter into and execute a contract with H. M. Byllesby & Company with reference to cor--
tain public utility companies operating in said city, to—wit: Louisville Lighting Com—
pany, Kentucky Electric Company, Louisville Gas Company, Kentucky Heating Com—
pany and all other lighting sompanies now controlled by H. M. Byllesby & Company, and .
providing for the carrying out of the terms and condi