Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1903-10-15

.dop'. not Destroying CT ;At.;s.laiiy iM
'r,ng the rights aud privileges here.
>. granted.
SECTION Nv.
: .id company shall comply with all
a,s,Lable demands of the city or clti
= in regard to furnishing lights,
uel or heat, aud in no evelt shall said
:nui psny charge the city or citizens 1T
T. any higher rate for furnishing sai0
lght, fuel or heat, than the average
and customary charge in any other cit.
les lighted or heated under substan-
italy similar conditions, due and prop
er account being taken in all cases. of
the number, power and quality of
lamps used and of the relative are
necessary to properly maintain and OPP
crate the same.
SECTION v.
The privilege herein granted are
upon the express conditions that the
Company, Its successors aud assigns
shall be liable for sllinjlries to persons
or property caused by the negligence,
mismanagement or fault of said ON
pany or any Of its employees while
constructing or operating said system,
and should the city b4 compelled to
pay any such damage 1t shall recover
the same from said Company, together
with interest and costs, and the record
of Judgment against the city in any
such case shall be conclusive evidence
against said Company and shall entitle
the city to against said Com
pany therefor.
SECTION vi.
The said city hereby reserves the
right and privilege. that in case
said Company shall fail to furnish
to said city or citizens sati- factory
lights, fuel or heat, and at aas,nsble
prices. as In this ordinance required,
then and In that event the city may,
after the expiration of eight (S) years,
purchase the said plant SO constructed.
together with all property owned by
said Company or Its successors and as.
signs and used or necessary In Tho OPP
peration of the same, at an equitable
price to De paid therefor, said purchase
to be at the option of the city at any
time after the expiration of elgh, (8)
years IS aforesaid, and in case the city
shall elect so to purchase. the terms of
SAID purchase shall be fixed as follows:
Said city shall assume and agree to pay
any bonded indebtedness of said Cam
pany, with the accrued interest, and III
addition thereto shall pay such reason
able sun as shall predetermined in the
following manner: The City Council
shall select n person and said TOM
psny OF its representatives shall select
> second person and the two thus SCI
lected shall select q third who shall be
! nonresident. snon-tax payer OF said
city and wholly d%isinterested, and the
said three personsshHll constitute y
board of arbitration for the said purch.
sse, and said board shall fix the fair
equitable price to be paid by the city
for said systems and property and shall
fix the entire, full and complete terms,
conditions and requirements of said
purchase. -
SECTION VII.
The sad Company shall signify its
assent 20 ti,e provisions Vt this Ordi-
nance within thirty (3') dave after the
same shall become in tull force and eff
feet. This ordinance shall be IN full
force and effect only from and afi..r a
franchise to establish, operate and
maintain gas, electric light and power
and heating plant or works in sa,d city
shall have been granted to SAT- Mis-
souri, Valley Electric Light Company,
It's successors and assigns, by vote of
the citizens Of said city in acc rdance.
with Section 776 of the Code OF Iowa,
and the publication of this ordinance
according to law in the said city.
SECTION VIII.
That all ordinances or parts of ordi-
nsnces in CO, tllct with this ordin mo
are hereby repealed.
Adopted thissixth day of DC toter,
1903.
j.. ]. AMEN, Mayor.
ATTEST: j. b. BARRETT, City Clerk.