Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1908-04-30


by majority vote of the Council at
any regular or special meeting duly
called for that purpose.
to- The company agrees TO give
bond in the sum of $500. 90 with two or
more sureties to secure the perform
ance of each and every agreement, by
1t to be performed under this contract.
The said bond shall be approved by the
Mayor of the city by his Endorsement
IN writing and filed with the city clerk
before the delivery of this contract.
The said bond shall be especially
conditioned so that if the Company
shall neglect or refuse to discontinue
the making of ice upon the serving of
the resO solution and notice, aforesaid,
then and in that event the full sum of
S2500.O0 shall become due and payable
thereon at once and the parties hereto
agree upon and hereby fix the sum of
S25OO.OO as liquidated damages to be
recovered by the city in the event of
breach of the aforesaid bond by Il
failure to cease making ice after such
due notice as hereinbefore provided
| for.
(l0) 1t is expressly agreed and I'M
derstOOd between the parties hereto
shall be the final judge as to whether
the operation of the ice plant upon the
city premises as hereinbefore set forth
is endangering the city's water supply
and it is expressly aged between the
parties hereto that any appeal to the
courts from such order to cease Oper-
ations or any other course of action
after the service of the notice above
! described on the part of the company
! inconsistent with the true intent and
| purpOrt of this agreement shall be re-
| garded as breach of the bond pro-
vided for in paragraph s of this agree
ment and the foil sum thereof shall at
once become due and payable, one of
the purposes and true intents of this
agreement being to vest the absolute
control of these premises in the Com
mon Council of the city of Mineral
Point in so far as the manufacture of
ice thereon is concerned.
(l1) 1t is expressly agreed and un-
derstood between the parties hereto
that if the City exercises its right to
purchase the Electric Light & Power
Plant of Mineral Point Electric Light
! n y, D.,
act of this State, then and in that
event the Ice Plant and Steam Heat
! ing Plant are to be in no manner con-
! sidered as a part of the Electric Light
Plant and the said City is in no
manner obligated to purchase the Ice
or Steam Heating Plant
(l2) 1t is furthermore expressly
agreed and understood that the Com
pany shall at all times allow it's plant
to be open for the inspection of the City
officers and members of the Council
or their agents or attorneys.
(13) 1t is expressly agreed and un-
derstood between the parties hereto
that any action taken by the city
under this contract shall not impair
the right of the City to seek such
other relief as may be necessary in
the Courts.
Q4) 1t is further agreed by the com
pany that it will at any time furnish the
City with reports of the amounts of
water pumped and used by it or with
;,fr -
sion as to the city's water supply and
fire protection.
(l5) This Agreement shall bind the
parties hereto and their respective sue
essors and assigns to the full and
faithful performance of each and
every agreement contained in the
same.
(l6) In witness whereof the parties
hereto have caused these presents to be
signed by their proper officers this
oath day of April, A. d. 1908.
Mr.. F. @. Ludden addressed the
Council, saying the Electric Light Co.,
would accept the agreement except
they would not agree to the $500 rent.
Moved by Alderman Crawford:
That Section. of the agreement be
amended by changing the $500 to 800:
Lost by the following aye and nay
vote;
Ayes, Crawford, Shepard-2.
Nays, Weidenfeller, Jeuck, Blewett,
Johnson, Eeiden, Engels-6.
Moved by Alderman Shepard: That
Section l of the report relating to the
water bill be adopted. Carried by the
following aye and nay vote;
Aye, Weidenfeller, Crawford, Shep-
ard, Blewett, Johnson, Frieden.
Engels-8.
Nays, no votes.
Moved by Alderman Blewett: That
Section of the report be adopted.
Carried by the following aye and
nay note.
Aye: Weidenfeller, Crawford. Jeuck,
Blewett, Johnson, Frieden, Engels-7,
Nay: Shepard-1.
Moved by Alderman Shepard:
| That the arbitration committee cOnsits
of three members: The Mayor to
select one; Electric Light Company
one; and these two to select the third.
| Carried.
Moved by Alderman Weidenfeller:
The details of the arbitration to be