The Whitefish pilot. [volume] (Whitefish, Mont.) 1904-current, 1908-08-28

and in the event of any accident OF her uIi-
foreseen occurrence causing interference
with the supply of light for street purposes
for period of over two. hours proportion
ate per cent of the contract price pcr mont
for each interruption shall be deducted OH
settlement of claim of the said power COM
pany. its successors assigns, against the
town, and II for the same or any other rea-
son the supply of light furnished to the con.
sumer is less than contracted for, Il deduc-
tion shall be made from the charge corre-
spending with the deficiency of the supply of
light to the consumer.
Section IL. The town reserves the optional
right to which the said power company cQn-
sents, to purchase at its actual value, the en-
tire electric plant or plants established here
under including all appurtenances at the end
| OF ten years from and after the going into eff
feet of this ordinance; and il such option be
not then exercised it may not be ex-
ercised until the end of an addi-
itional five years term, after which it may
be exercised at any time. And in any event
the town must give to the teid power COM
pany, its successors or assigns, at least sixty
days notice in writing of any such intention
to exercise such option, Provided that the
said town and the then owner or owners Of
the franchise herein granted and the plant
or plants then in operation here under shall
proceed by arbitration in form aud manner
as provided in the laws of the state of Mon
tana to determine such actual value, and
when same has SO been determined payment
for and transfer of such electric plant or
plants shall be made accordingly.
Provided further that the arbitrator in
arriving at the said actual value of the said
plant or plants shall not allow for Water
Rights 'Franchise'' and Good will as
going concern" to exceed the sum of 81 LOCO.
Section Is. That in the case of labor trou.
BILE, either strike or lockout, between the
owners and managers of any cleo, ric plant
or plants operated under or by virtue of
this franchise, and their employees, by reason
of which strike or lockout the said plant or
plants are stopped and the service herein
provided be furnished to the town and to
the residents of the town of Whitefish is not
being given, in such event, there is reserved
to the town, acting through it's Mayor and
council, and the said power company, its
successors or assigns. do hereby consent to
the same reservation to take charge of and
operate such electric plant or plants under
skilled ana technically competent manage
ment. and to continue said operation and
conducting of said business at the expense of
said power company; accounting fully to
said power company, its successors or as
signs. for all receipts from said business UNI
til such trouble be adjusted and the owners
and managers are able to furnish such SER
vice AS they herein covenant to furnish.
Sec ion IA. The town of Whitefish shall
pass and enforce such ordinance as may be
necessary to protect the said power company
its successors and assigns in the free and I'M
molested enjoyment of its rights under this
ordinance against imposition, injury to
property. waste by electric light consumers
and in all other reasonable particulars, to
save and preserve the rights and the proper.
ty of said power company in connection with
such electr ical business.
Section Is. The unconditional acceptance
in writing of this ordinance shall be made,
executed and acknowledged by the said
power company for itself, it's successors and
assigns, and filed with the Town Clerk with
in thirty days after the passage of this ord
nance, and work must be begun upon the
const ruction of an electric plant suitable to
meet the needs of the town sixty days from
and after the going into effect of this ord
nance, and the same must be in shape to
furnish light and power to it's customers in
the Town of Whitefish OH or about twelve
months from such time. And the failur, to
begin or complete such electric plant or to
omply with any of the obligations hereun-
der assumed by the said Power Company, it's
successors and assigns, shall forfeit all
rights and privileges and franchise hereby
granted by the Town.
Section l6. This ordinance shall take eff
feet and be in force from and after its final
passage, approval, acceptance and publca-
ton.
Passed and approved, subject to statutory
referendum to the taxpaying freeholders of
the Town of Whitefish at special election
therefor to be called this 3rd day of August,
1913
E. H. SNYDER, Mayor.
Attest: B. F. MAIDEN, Clerk.