The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-08-23

virtue of such action
Sec. 4. Be it further ordained that
the town council Of the incorporated
town Of Vinita during the existence OF
this ordinance and the exercise of the
privileges herein granted shall have the
right, and it is hereby made their duty,
to regulate the charges for gas to be
supplied, subject always to the condition
that the rates so fixed by them shall be
customary and reasonable.
Sec. 5. Be it further ordained that the
incorporated town Of Vinita hereby re-
serves tie right at any time after the ex-
piration of the five years from January ],
1904, upon giving sixty days notice to
said Bagby, Franklin and Marks, or their
assigns, to purchase said gas machinery,
fixtures and appurtances of every kind
and description thereto belonging, at the
actual appraised value thereof at the
time Of purchase, and said Bagby, Frank
lin and Marks by the acceptance of the
privileges and franchise herein granted
covenant and agree with the incorporat-
ed town of Vinita, and bind themselves
anc their assigns to sell and transfer all
of the gas machinery, fixtures and ap-
purtenances of every kind and descrip-
ton thereto belonging 10 tbe said incor-
porated town OF Vinita.
= :. If for any reason the gas WE'LL deposits
machinery or fixtures owned or controll-
ed by said grantees, or their assigns,
cannot be made the subject Of sale or
cannot be owned or controlled by the
municipal corporation then and in any
event, said Bagby, Franklin and Marks
in consideration Of the privileges herein
granted bind themselves and their as.
signs to furnish gas and permit the said
incorporated town Of Vinita to use said
deposits, machinery and fixtures at
reasonable charge or rental
Sec. 6. Be it further ordained for the
p urpose of discriminating the actual val
ne Of the gas deposits, machinery, fix
lures and appurtenanees and what is
rea sonable charge or rental within the
meaning of the preceding section, three
persons shall be selected one by the
town council, one by the said grantees,
or their assigns, and the third shall be
selected by these two, and in the event
OF no selection by them within zen days
from the date on which one person by
the town is named, then the town as
cognized the same as if selected by the
parties jointly, and the decision OF the
majority of these three shall be binding
and final on all the parties concerned,
Sec. 7. Be it further ordained that on
or before January ], 1904, said Bagby
Franklin and Marks shall supply con-
tinuous flow of natural gas of sufficient
quantity and quality to the inhabitants
of the incorporated town of Vinita for
Illuminating, cooking and commercial
purposes, and if said parties or their as
signs shall omit or fail to furnish gas in
sufficient quantity and of such quality as
to satisfy the demand of the inhabitants
thereof for any period Of thirty consecu-
tive days, the rights and privileges here
by granted, may by resolution of the
council of the incorporated town of vi
- o..I 1<e-
such failure is unavoidably due to acci-
dent, in which event said parties or their
assigns are to make ever effort to resume
service with the least possible delay.
Sec. s. Be it further ordained that
upon the failure or refusal of said Bagby,
Franklin and Marks, or their assigns, to
furnish gas in sufficient quantity and of
satisfactory quality to their customers,
and those desiring the same, at the rates
fixed by the town council of the incor-
porated town of Vinita, for any period
of thirty days, this franchise shall be
forfeited, and all rights and privileges
hereby granted shall cease: provided,
that if a proper suit be instituted in
court of competent jurisdiction to test
the question as to whether the rates so
fixed are customary and reasonable, dur
ing the pendancy of the action, the time
within which this franchise would be
forfeited shall not be included.
Sec 9. 1t shall be the duty of said
Bagby, Franklin and Marks to furnish
gas to all persons within said town whose
premises adjoin the pipes of said grantees
or their assigns, upon payment by such
consumers for the use of such gas the
price charged other consumers for like
service.
Sec. 10. That upon the written appli-