Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1904-11-03


month the excess shall be paid for
at the rate OF &c per kilowatt, as
measured by meters.
II at the end OF each term of five
years from the date the said O'Neill,
or his assigns. shall commence
furnishing lights. current, power,
or energy under the conditions of
this contract, there shall have been
such improvement in the art that
the prices herein provided shall
have become extortionate or un.
reasons BILE, the said O'Neill, or his
assigns. shall consent and agree
to a reduced price that shall be just
and reasonable, and the city agrees
that II will at all times pay price
for light, current, power or energy
equal to the average price paid by
the cities of the same approximate
size and population of Baxter
Syringe, In the State of Kansas, and
adjoining states where plants are
operated under approximately the
same conditions as prevail in Bax.
ter Springs. In the event that the
city and the said O'Neill, or his Az.
signs, shall be unable to agree as
to what reduction, If any, shall be
made In the price of light, current,
power or energy by reason of i'm.
provements in the art, then the
subject shall be determined by ar
bitration as follows:
The city and the said O'Neill, or
his assigns, shall each appoint an
arbitrator who shall be an electri-
cal engineer of experience and
good standing, and should the two
so appointed be unable to agree
they shall select third. and the
findings of any two shall be bind
ing on both parties. Should the
two arbitrators frat appointed he
unable TO agree upon a third, he
shall be appointed by the judge of
the district court for Cherokee
County. The entire expense of the
arbitration shall be paid by the
party whose contention shall be
farthest from the report of the ar.
bitrators. and the arbiirators shall
find and determine which party
shall pay the expenses OF the arbi-
tration. 1t ia the essence of this
provision that the city shall. for
the full period of this agreement.
levy and collect annually tax OF D
mills as herein provided, and for
the term of five ~ years pay for
lights, current, power and energy
at the rate herein fixed, and for the
remaining period of this agree
ment at a reasonable rate deter
mined and agreed upon under this
stipulation, provided, always, that
the city shall not have purchased
the plant under the PROVISIONS OF
the laws of the state of Kansas.
Should the levy above named be
insufficient to pay for the lights,
current, power or energy ordered
and used by the city. the balance
shall be paid for from the general
revenues of the. city.
SECTION I. If any dispute or diff.
erence arises as TO the candle pow
cr of either the arc or incandescent
lights provided for herein, the
council shall have the right 10 test
the came by calling an expert TO
measure and determine the candle
power of said lights, and in case II
should be found that either the arc
or incandescent lights aforesaid are
not up to the required candle power
provided for by this ordinance
the compensation for the preced-
ing month shall be pporated and
determined by the city council in
accordance with the report of the
said expert, and all cost of said test
shall be paid by the said O'Neill,
or his assigns. and willful and
persistent failure 10 keep the said
lights up to the required candle
power shall be cause for forfeit.
ing this franchise as hereinafter
provided.
SECTION 8. The said O'Neill, or
his assigns, shall furnish to all
persons who desire II, and are will.
ing to pay therefor, light, power
and heat at its regular schedule
prices, but the said O'Neill, or his
assigns, shall not be required to
extend its lines more than three (S
blocks 10 reach any one consumer,
may require payment in advance
from delinquent consumers, may
establish reasonable minimum
TO be paid by all consumers, and
may charge q reasonable monthly
rental for all meters used In meas
uring current or energy.
SECTION 9. Said O'Neill, or his ne.
signs, are hereby authorized to
vend electric light, heat and power,
and energy to the inhabitants OF
Baxter Springs, Kansas, during the
existence of the franchise granted
by this ordinance, and the rate for
such light, heat, power or energy
shall at all times be reasonable and
shall in no event exceed the aver.
age price for like services prevail
ing in cities of the approximate