The Seward gateway., 1914-08-07

Section 9. That ,he said Robert Ashland and B. Benj. PoindeNter. their successors or . assigns. hereby agree to furnish to the City of Seward for municipal hChting, but not Tor commercial purposes current 40 pee cent low ar than the lowest rate charged for mercantile or commercial rate as set forth m this fran ckise the City to furnish all their fixtures. Section TO- The City shall have the right to place and maintain wires for fire alarm sys- tm upon poles without charge.
 Section II, That If the said Robert Ash land and C. BenJ. Poindexter their successors or assigns. shall purposely and intentionally refuse. fail or neglect to furnish lirht tr such inhabitants of the City of Seward Jt 'ny time after the completion of their plant and l s, as are willing to pay the rates heren pre- scribed. then this franchise shall be void.
 Section l2. No license or tax stall te im- posed upon the grantees. their successors or assigns or upon their property for the occu- patton of the said streets, avenues. alleys, highways or other public places. other than as herein specified and the regular taxes or ll- conse assessed for the city and territory pur- poses.
 Section iS. In consideration of the grant ing of the rights and privileges herein com tained, the grantees their successors or ns- signs. shall pay annually to the City oi SSw- ard after the expiration of the first five years from the date of the commencement of the supply of currcn, hereunder, the following named percentage of the gross receipts real iZpd from the operation or thelr plant ana ulN' tributon and sale of electric current for all purposes within the incorporated limits of the City of Seward and not elsewhere. to-wit;
 For the first period of ten years after the expiration of said first five (5) years. one IC per cent for the second period of ten wears after said first five (5) years per,cd. the sum of one and one-half q l-2) per cent; and for the remaining period of twenty-five (2D years thereafter the sum of two l2) per cent.
 January succeeding the termination of each and every year after said first period of five (5) years Any accredited officer or repre- sentative of the City of Seward. upon demand shall have the right Co examine the books pa pers and other evidence in possession of said grantees. their successors or assigns, for the purpose of ascertaining the true amount oi the gross receipts of any year.
 Section II The City of Seward reserves and shall have the right, at any time alter the twentieth (20) year, and on each ana every second year thereafter from the date after the plant is placed in operation and the distribution and sale of electric current Oe- gins. Co acquire by purchase, all the cNis'inT plant, distributing lines material and equlp- ment and all other property Of the grantees or their successors or assigns. requisite For the manufacture and distribution Of electric current or otherwise for the purposes here n named. Evidence of the intent 10 exercise such reserved right shall be given m writing
  tees or their successors or assigns not less than one year in advance of such purchase,
 uhtn three CS) months from the date of k. ch notice of intent board of apl raisers to de- ternine the value of said plant and property shall be appointed which board shall consist of three (3) pcrsons, one tf whom shall be appointed hy the City. one by the Eran'ece, their successors or assigns, and the third shaIl be selected by the two so named, and m case the appraiser appointed by the holders Of the Nl FNsHl lE of Seward shall fail to agree upon the third appraiser within thirty days after their aI- pp,ptnrnt ether pa ty may apply 10 n Judge of the District Court, to appolrt SHlu third appraiser and he shall have the power to gppoint said third appraiser and m case the owners of this franchise shall fRi! or refuse to appoint an appraiser as herein provided the Judge of the District Court may ap- point such appraiser upon apphci uon there- for by the town of Seward Such thlru per son shall be a wholly disinterested person. nonresident of the city or precinct ana an electrical engineer of experience and good re, pute The board of appraisers so constituted shall determine the value ot all the proptrtS of the grantees, their successors or "ss'"hs and for such purpose shall have access To ali the books aad records of every character. botf of the grantees their assigns and or the mu- nicipality and, within six (o) months rom the dite of such notice of intent shall hle us written report of the valuation with the Clty and with the grantees their successors or as-
 
 signs Such report made ty majority ot such three appraisers shall be conclusive ana binding upon both the city and the grantees their successors or assigns and snail not DC appealabe for any cause, ott CT than fraud To any court or tribunal whatever. Thereafter and within not less than twelve C2) months from the date of such notice, the purchase price for all the property covered by said re- port shall be paid to the grantees thelr sue cessors or assigns either in cash or m the ob- nf hp pi paymcnt of such award price be made other wise than in cash. the grantees CT their as signs shall not be obliged to accept Ire obll- gations of the city unless all of its then cut standing obligations evidences of indebted ness shall at such time command price n the financial markets of not less than par The expenses of such apprsisement shall he paid by the said city. From and alter the receipt of such notice by the grantees "r thelr successors or assigns the plant and property aiTcc'ed thereby shall not be permitted 10 de- teriorate in any way but shall be maintainet in as good state of efficiency as obtained prIor Co the date Cf such notice.
 Section l5. The said Robert Ashland and G. Benj Poindexter. their successors OF as- signs. shall within thirty (3O) days tronl the date of the passage and approval ot thls Iran chise file with the City Clerk written accept ance of the terms and conditions of same
 Section l6. That said grantees, their suc- ccssors or assigns shall within ninety days from the date of granting this franchise eN- uend in preparatory and construction work the sum of fifteen hundred dollars and m case they shall fail, Co cNpend said sum and the yyhsle thereof as above provided at the end 1f said ninty days they shall give to the said City of Seward a good and sufficient bond to be approved by the Council m the said sum oi fifteen hundred dollars tO the effect that they will cNpend the sum of fifteen hundred dollars within the next ninety days m preparatory and construction work. and diligently continue said work and have said plant in active oper- ation within eighteen months from the date ,f granting this franchise and in case said uIgnt is not in operation within twenty months after the granting of this franchise the grantees their successors or assigns shall forfeit all rights granted unter this franchise Proyiding however: That in case some un- ayoidable condition shall arise, wholly beyond grantees control, which shall temporarily stop or materially delay said construction work. the council shall grant such extension Of time as in it's Judgment is just and proper for the completion of said work and may m its dls- cretion release grantees from the penalty ot said bond. if given.
 Section l7. If said grantees, their success sors or assigns fail to comply with the stipu- ations of this franchise th' same shall be- cone null and void reasonable exception shall be allowed for damage Jnavoidably sustained from action of earthquake or clements.
 Section lS This franchise shall he pub lished in the Seward Gateway on the 7th day of August 1914. in the City of Seward. Thd this franchise SnAll De m lull AOICt anu SlLfSI from and after the date of it's passage, when the grantees shall file with the clerk of the City of Seward their acceptance hereof,
 Passed and approved by the Common Coua- cil of the City of Seward this fourth day of August, 1914.
 G. G. BOE.
 President of the Council and Ex-Onicto Mayor
 of the City of Seward. Alaska.
 T. k. NEEDHAM.
 Clerk of the City of Seward Alaska