reduced its price for gas to its general consumers to 90 cents per 1,000 cubic feet or less, said gas company shall be and hereby is released and discharged from any and all liability or obligation to pay to the city of Chicago any percentage whatever.

It is provided, however, that all gas furnished to the city of Chicago, which shall be deemed a special consumer, there shall only be paid the sum of seventy-five cents per thousand cubic feet; for all gas furnished for street lighting, including lighting and extinguishing, the sum of $16.00 per annum for each street lamp burning four cubic feet of gas per hour.

Or said city may, at its option, do its own lighting and extinguishing of street lamps, and said company shall, at the option of said city, furnish gas for such street lamps at the rate of seventy-five (75) cents per 1,000 cubic feet of gas consumed.

If any consumer or consumers of gas shall make a default in the payment for any gas furnished by said company on or before such date or dates in each calendar month as said Universal Gas Company shall fix and establish and state in its bills, said gas company may charge and recover from such delinquent consumer or consumers in the nature of a penalty for such delinquency such an additional amount upon all such defaulted bills as it may see fit, and shall state in its bills such additional charge, not to exceed, however, 10 cents per thousand cubic feet.

9. The rights and privileges hereby granted are upon the express condition that the said Universal Gas Company shall, within three years from the date of the acceptance of this ordinance, have built and completed or otherwise acquired gas works in said city sufficiently extensive to enable it to manufacture and distribute gas to an amount not less than 10,000,000 cubic feet in every thirty days, and shall have expended on such gas works at least $100,000 within twelve months from the date of the acceptance of this ordi

nance.

And in addition to the bond to be executed to the city of Chicago by said company, as is provided by section 10 of this ordinance, the said company shall, within sixty days from and after the filing of its formal acceptance of this ordinance, and before it shall exercise any of the rights or privileges conferred by this ordinance, deposit with the city treasurer of the city of Chicago the sum of $100,000 in cash, or, at the option of said company, in bonds of any duly authorized issue of Chicago city bonds, United States government bonds, or other bonds, to be approved by the comptroller of said city of Chicago, at their face value, as security for the faithful performance and observance of the provisions and conditions of this section of this ordinance: Provided, that the said sum of $100,000 in cash or bonds shall be returned or surrendered to said company if and when said company shall, and within three years from the date of the acceptance of this ordinance, have built and completed or otherwise acquired gas works in said city sufficiently extensive to enable it to manufacture and distribute gas to an amount not less than 10,000,000 feet in every thirty days, and shall have expended upon such gas plant at least $100,000 within twelve months from the date of the acceptance of this ordinance; and if said company shall not, within three years from the date of the acceptance of this ordinance, have built and completed or otherwise acquired gas works in said city of Chicago sufficiently extensive to enable it to manufacture and distribute gas to an amount not less than 10,0000,000 cubic feet in every thirty days, and shall not, within twelve months from the date of acceptance of this ordinance, have expended on its said plant at least $100,000, then the said entire amount of $100,000 in cash or bonds shall be and become the property of the said city of Chicago as agreed and liquidated damages for and on account of such failure. But the time during which any legal proceedings shall be pending whereby the said company shall be prevented from or delayed in building and completing or acquiring such gas works, or in expending such sum of money, shall be excluded from the time herein prescribed for the building, completing or acquiring of such gas works and expending of said $100,000.

And the said Universal Gas Company does hereby specifically agree to the appropriation by the city of Chicago of said sum of $100,000 in cash or bonds as agreed and liquidated damages as aforesaid in case of such failure as aforesaid.

Whenever and as soon as said company shall show to the commissioner of public works of said city that it has complied with the terms and provisions of this section of this ordinance concerning the building or acquiring of such gas plant and the expenditure of said sum of $100,000, then said commissioner shall issue his certificate to said company, certifying that said company has, within three years from the date of the acceptance of this ordinance, built and completed or otherwise acquired gas works in said city sufficiently extensive to enable it to manufacture and distribute gas to an amount not less than 10,000,000 cubic feet in every thirty days, and that said company has within twelve (12) months from the date of the acceptance of this ordinance expended on its said plant at least $100,000, and upon presentation of such certificate the mayor and controller shall issue a warrant or order to the said company upon the city treasurer for the amount of $100,000 so deposited in cash, or for said bonds so deposited, together with the coupons attached to said bonds at the time of deposit thereof.

Unless said deposit of $100,000 is made at the time and in the manner as herein provided, then this ordinance shall be absolutely null and void and of no effect.

10. This ordinance shall not be in force as to said Universal Gas Company until it shall have been accepted by said company, such acceptance to be made and notice thereof in writing filed with the city clerk, nor until said company shall have been given and filed in the city clerk's office a good and sufficient bond, with two or more good and sufficient securities in the penal sum of $100,000, conditioned that the said company shall and will within three years from the date of the passage of this ordinance build and complete or otherwise acquire gas works in said city sufficiently extensive to enable it to manufacture and distribute gas to an amount not less than 10,000,000 cubic feet in every thirty days, and located within the limits of the city of Cicago, and that the rate to be charged to the consumer of gas which may flow through the pipes laid by said Universal Gas Company shall never exceed the rate named and specified in section 8 of this ordinance, and shall and will not enter into any combination with any other gas company concerning the rate (or price) to be paid for gas, and to pay all damages which the city of Chicago or any consumers of the gas furnished by said Universal Gas Company shall suffer by reason of the failure of said company to perform any of the obligations or conditions of this ordinance, such bond and sureties to be approved by the mayor.

11. The liability of said gas company to said city or to any person who may be injured by the exercise by said company of any of the rights and privileges hereby granted shall not be limited by the penalty of said bond, nor shall the remedy against said company be confined to the said bond, it being understood that such remedy is merely cumulative, and that said city of Chicago and any person or persons shall have the same remedy against said company as it or they would or might have if no such bond were given. In case the duties of the department of public works shall be devolved by said city on any other department or officer, then the permits and licenses and certificates herein mentioned shall be applied for to and issued by such other department or officer.

12. The rights and privileges hereby granted are upon the express condition that said company shall not at any time enter into any combination directly or indirectly with any gas company or companies concerning the rates or price to be charged for gas, and that said company shall not at any time directly or indirectly sell, lease, or transfer its plant, property, rights or privileges herein authorized to any other gas company, trust or corporation now or hereafter engaged in the manufacture and sale of gas in the city of Chicago, and if said company shall at any time enter into any combination directly or indirectly with any gas company or companies concerning the rates or price to be charged for gas, or if said company shall directly or indirectly

sell, lease, or transfer its plant, property, rights or privileges herein authorized to any other gas company, trust, or corporation now or hereafter engaged in the manufacture of gas in said city, or if said company, having commenced to manufacture gas, shall cease for the period of more than ten consecutive days, unless by reason of unavoidable accident or injunction, to furnish gas through its pipes as required by this ordinance, then the rights and privileges hereby granted shall cease and be of no more force and effect, and the entire gas plant of said company, together with all its machinery, tools, appliances, mains, pipes, and other property of every name, nature and description, shall be forfeited to the said city of Chicago as and for agreed and liquidated damages for the failure of said company to comply with the requirements and conditions of this section of this ordinance.

And in case of such failure to comply with the requirements and conditions of this section of this ordinance the said Universal Gas Company does hereby specifically agree to the appropriation by said city of Chicago of its said plant, machinery, tools, appliances, mains, pipes and other property of every name, nature and description, and consents that the said city of Chicago may immediately, with or without process of law, take possession of such gas plant, machinery, tools, appliances, mains, pipes and other property of every name, nature and description and appropriate the same to its own use, and said company, its officers, stockholders, agents, servants, and attorneys, and all persons claiming by, through, or under it or them shall be forever barred and foreclosed of any right, title, claim, or interest in or to said gas plant and property or any part or portion thereof.

13. The rights and privileges hereby granted by this ordinance are granted for the term of fifty (50) years, from and after the acceptance of this ordinance, and all rights herein shall cease at the expiration of said term of fifty years.

And the rights and privileges hereby granted are upon the further express condition that at the end of said term of fifty years from and after the acceptance of this ordinance the said city of Chicago shall have the right to purchase the entire plant of said company and all of its property and effects of every kind and description within said city of Chicago at an appraised value, which value shall be ascertained and determined by three competent disinterested appraisers, who shall have free access to all the books, papers and other documents bearing or pertaining to the subject, and such appraisers shall be selected in the following manner, to-wit: One of said appraisers shall be appointed by the said city of Chicago, one by said company, and the two so selected shall choose a third, and if said two appraisers can not agree upon a third, then such third appraiser shall be selected by the Chief Justice of the Circuit Court of Cook County, Illinois, and the said three appraisers so chosen shall, within six months of the appointment of the last appraiser, make a report in writing of the value of said property to said city of Chicago and to said company, and the said city of Chicago shall have the option at any time within six months after the receipt of said report, to purchase said plant and property, together with all its appurtenances and equipments, at the appraised value so fixed by said appraisers: Provided, however, that if said city shall so elect to purchase said gas plant, then said company shall have the right to operate said plant and receive the profits therefrom during the time such arbitration is in progress and until the same shall be completed and the purchase price as fixed by the arbitration has been paid.

14. This ordinance shall not take effect until accepted by the Universal Gas Company and until said company shall file the bond as provided in section 10 hereof, said acceptance to be filed within thirty (30) days from the passage of this ordinance, and unless said acceptance and bond are filed within the time required then this ordinance shall be null and void.

THE OGDEN GAS ORDINANCE.

AN ORDINANCE granting certain rights and privileges to the Ogden Gas Company. SECTION 1. Be it ordained by the City Council of the City of Chicago: Subject to the terms and conditions of this ordinance there is hereby granted to

the Ogden Gas Company, a corporation created and existing under and by virtue of the laws of the State of Illinois, the right to construct, repair, maintain and operate gas works within the city of Chicago, together with right of way along, upon and under all the avenues, streets, alleys and public places in said city, and under the Chicago river and its branches, for the purpose of placing, operating, repairing and maintaining one or more lines of gas mains and pipes, and all necessary feeders and service pipes, in connection therewith, for lighting and fuel purposes.

2. Said Ogden Gas Company shall not charge any person desiring to make connection with any service pipe laid or to be laid by said company, but all service pipes shall be laid by said company at its own expense.

3. Said Ogden Gas Company shall not do any permanent injury to any street, sidewalk, alley, avenue or public place, or shade tree, or in any manner unnecessarily disturb or interfere with any water pipes, sewer or gas pipe now or hereafter laid by said city or any authorized company or corporation, and when said company shall open ground in the same it shall forthwith restore the street pavement, sidewalk or ground, or water pipes, sewer or gas pipes, to a condition equally as good as before, at its own expense, and if said company shall fail or refuse to do so the same may be done by the said city and the said company shall be liable for the cost thereof.

Said Ogden Gas Company shall not make any excavations in any street, alley, avenue or public place without first securing a permit for that purpose from the department of public works of the said city, and whenever said company shall make application in writing to such department for such permit or permits, and shall have complied with all the terms and conditions of this section of this ordinance, it shall be the duty of such department to forthwith issue such permit or permits. When any excavation shall be made by said company in any street, alley or public place paved with wooden blocks, the foundation boards or planks shall be removed without being cut unless such cutting shall be especially permitted by the department of public works of said city. The said company shall not use the public fire hydrants of said city or any water therefrom without a license or permit of the department of public works of said city, which license shall be granted by said department upon said Ogden Gas Company paying or agreeing to pay the fee for water, as the same is fixed by the ordinances of the said city. The said company

shall, upon notice from the department of public works of said city, remove or change, at its own expense, any gas main, pipe, service pipe, or feeder which may be in the way of or interfere with the construction or erection of any viaduct, public building, or any other public structure within said city.

When said company shall first apply to the department of public works of said city of Chicago for a permit as herein provided, the said company shall deposit with said department the sum of twenty thousand dollars ($20,000) as a guaranty that said company shall restore the streets, pavements, sidewalks, grounds, water pipes, sewer or gas pipes, to a condition equally as good as before, and if said company shall fail or refuse to so restore said streets, pavements, sidewalks, grounds, water pipes, sewer or gas pipes, to a condition equally as good as before, within a reasonable time after notice served upon said company so to do, then said deposit, or so much thereof as may be necessary, may be used by said department for such purposes. balance of such deposit, if any there be, shall be returned to said company; or, in case said company shall so restore such streets, pavements, sidewalks, grounds, water pipes, sewer or gas pipes to a condition equally as good as before, then such deposit shall be returned to said company.

The

24. Said Ogden Gas Company shall not open and incumber more of any street, avenue, alley or public place at any one time than may be necessary to enable it to proceed with advantage in the laying of such main pipes, feeders or service pipes, nor shall said company permit any such street, avenue, alley or public place to remain open or incumbered for a longer period than shall be necessary to execute the work for which the same shall have bee" opened or without putting up the necessary barrier and lights so as to effectually prevent the happening of any accident in consequence of such opening or incumbering of such street, alley, avenue or public grounds. In the district bounded

by Twelfth street on the south, the Chicago river on the west and north, and Lake Michigan on the east, no excavation of the street shall be permitted except between the hours of 10 p. m. and 6 a. m., and then only upon condition that the street shall be restored to a passable condition for traffic purposes during the hours from 6 a. m. to 10 p. m.

5. Said Ogden Gas Company shall be liable to and shall compensate the city of Chicago, and pay any private individual owner or owners, or parties interested in any property adjacent to any street, avenue, alley or public place, opened or injured by it, for all damages which may result by reason of said company having negligently opened, incumbered, protected or guarded any such street, alley, avenue or public place in said city.

26. Said Ogden Gas Company shall be subject to all general ordinances of the city of Chicago now in force in regard to gas companies, and the city of Chicago shall have the right at any time to provide for the appointment of an inspector of gas, with the power and authority incident to such position, and which the said city of Chicago may deem necessary to protect the city of Chicago in its corporate rights, and individual consumers of gas against oppression or fraud. All meters used by said company for measuring gas shall be subject to inspection and approval by such person or officer as may be appointed by the said city for that purpose, and said company shall pay all reasonable costs and charges of such inspection as may be fixed by the city council of said city.

27. Said Ogden Gas Company shall supply illuminating gas, the qualily of which shall be as nearly uniform as practicable, averaging for any one month not less than twenty-two (22) sperm candles, burning one hundred and twenty (120) grains per hour, to be determined by authorized photometrical test, a five-foot burner being used.

8. The maximum price to be charged by said company for gas to be furnished by it to consumers, other than the city of Chicago, is hereby fixed at 90 cents per 1,000 cubic feet: Provided, that said company shall have the right to charge and collect an additional ten (10) cents per thousand cubie feet if bills are not paid by a certain date in each calendar month, to be fixed by said company and stated in said bills. Said company shall furnish illuminating gas to the city of Chicago at the rate of not exceeding seventy-five (75) cents per 1,000 cubic feet for all public buildings or street lamps.

The city of Chicago reserves the right to require the said company, in addition to furnishing gas for its street lamps, to light and extinguish the same; and in such case the said company agrees to furnish gas for street lighting, including the labor of lighting and extinguishing, at not exceeding sixteen dollars ($16) per annum for each street lamp consuming four (4) cubic feet of gas per hour.

9. The rights and privileges hereby granted are upon the express condition that the Ogden Gas Company shall pay annually to said city of Chicago, for and in consideration of the rights and privileges hereby granted, an amount equal to three and one-half (312). per centum per annum of the gross revenue and receipts of said company from the sale of gas. Such payments shall be made in the manner following at the expiration of one year from the time said company shall commence to distribute gas in the said city of Chicago. The president, or other chief officer of the said company, shall file with the comptroller of said city of Chicago a statement under oath showing the amount of gross annual revenue or receipts of said company for the preceding year and shall at the same time pay to said comptroller the said amount of 312 per centum on the annual gross revenue or receipts from the sale of gas, said respective payments to be made, as herein described, annually. Such statement, however, shall not be final or binding upon the city, and the comptroller of the city of Chicago, or his authorized agent, shall at all times, upon such statement being made as herein contemplated, have the right to examine the books of the said company showing the gross receipts of the said company, to verify such statement.

10. The rights and privileges hereby granted are upon the express condition that the said Ogden Gas Company shall, within three (3) years from