The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-12-20


machinery or some necessary par
thereof by FIRE, foods, lightning. wind
.. other action OF the elements beyond
ITS control or on account Of strises.
instructions, accidents and other
causes over which st has no control.
or up0n the failure Of The city TO fuin.
ISL water supply within sucticn
height snd distance of the pumps and
upon the happening Of any of such
events At shall repair its plant or re
sumo operation at the earliest prac.
ical time and with all business dis.
patch
Proyilec that ST after using due
diligence to pump the water Cor sale
City, the said Company shall fail
temporarily ia pumping a supply 20
meet the demands OF he city in any
enersoncy, the liability Of this com
nany under such circumstances shall
be only ha, Of the city when pumping
water under similar circumstances.
The Clty Of Guthrie further agrees
during tho life Of this contract not
20 erect or maintain any pumping Sta
lion OF lCa own or to receive or accept
water from any G;her source. person.
association or corporation and should
water from any cher source ether
than that furnished 5y said company
he brought into he mains of Tie City,
then the same shall he measured on
proper meter and paid for to The
Guthrie L;eht & Power Company upon
tho same schedule as provided IN tins
contract.
Section 3 This contract is TO run
for period az ten ,lO) years, hut may
I've terminated by Tie City at any time
after 2erlnd Of seven CD years from
The date hereof, the City giving said
Company sig months notice OF its
purpose to terminate the contract. as
follows II the City desires 10 tormi.
} ate said ,ontrac., It shall SER writ
ter notice 10 tia. effect on some Of
ficer of The Guthrie LIGHT 4 Power
Company that the city desires to term-
mate this contract wfereuron the
City shall purchase at its theu value
all of the property Of said company
used in the operation Of said pumps
and in pur'ring said water supply. in
cluding said standpipe. If erected, and
# the said City and said Company can
not agreo as to the value of said rrop-
erty, hen the value may be determined
by arbitration, The City TO select on
arbitrator the Company to select one
who shall agree on The value OF said
property and if the two so selected
cannot agree then they shall select
a third man, and decision of any two
OF said arbi'rators SO selected shall
be final az to the value of said prop
erty and said property shall be taken
by the City and paid for at the price
agreed on 5y said arbitrators
Said arljtrators TO be selected as
provided for herein shall be men skill
ed in the business Of pumring and
furnishing water supply 20 cities, and
the expense II said arbitration shall
be horne equally by the city of Guth-
rie and the said The Guthrie Light
Power Company. its Successors or as
signs.
Section g. Said contract may also
he terminated al any ,ime by he City
Of Guthrie upon he failure OF The said
Company to comply with the terms OF
this contract and to pump sufficient
water for the city for public and pri'
vate nses upon ;he City furnishing
ninety C9o) days notice N writing tc
he served upon some officer Of saiu
Company of its intention 10 terminate
this contract for failure to comply
with it's terms aud ccedit'ons. specify
ing therein the terms and conditions
Of this contract with which said Com
papy has failed TO comply. and ii said
Company prior TO the expiration o
said ninety 900 days shall comply
with said conditions as indicated IL
such notice then the said City shal
not have the right to terminate thl
contract on account ct he failure o
failures to comply with its terms al
coi itained in said notice. And In cas'
said contract is terminated as herein
provided, for failure TO comply viii
its terms. then the City shall plrchas'
said standpipe, by arbitration as pro
vided for the purchase Of the same aft
er the seven CD year period provide,
1 in section OF this ordinance.
i Secticn a. SAID The Cuthne Ligh
< Power Company TO order the ma
ohinery and puml covered by thi