Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1915-08-12

but the true consideration to be {
part OF this agreement.
Wherever in this agreement tn,
term Railroad Commission" OF
Railroad Commission of Oregon
has been used, it is intended to apply
to that body or commission of the
state OF Oregon having jurisdiction
over the public utilities OF the State
and particularly electric light and
power companies, and If during the
LIE OF this agreement the Railroad
Commission OF Oregon or other body
or commission having jurisdiction in
the premises, shall be abolished by
law, then all matters herein referred
to the Jurisdiction of such commits.
sion Shall be settled by arbitration
OF three arbitrators, one to be Sc,
lected by the City, one by the Com
pany and the two so selected to select
the third, and in all cases where ar.
bitration is mentioned herein ant
shall be resorted to by the parties
hereto, the decision by the arbitra.
tors shall be final and binding upon
both Of the parties hereto.
Whereas heretofore there have ex,
listed Misunderstanding and disputes
between the City and the Ashland
Electric Power & Light Company
and there is now pending in the Dis.
trict Court of the United States fol
the District OF Oregon, a suit wherein
the Ashland Electric Power & Light
Company Is plaintiff and the City II
defendant, to determine the validity
OF the franchise of the Company and
ordinance of said City numbered 81
and the respective rights of the City
and the Company Hereunder, ant
this agreement, is entered into for the
purpose Of settling and forever put
at rest such disputes, misunderstood
ings, and the said suit aforesaid
therefore if this agreement is no
ratified by the legal voters Of thu
City of Ashland and does not become
valid contract and obligation upor
the parties hereto, each party agrees
that it will not use this agreement
nor any part thereof as contained
therein, against the other in the sale
suit pending in the United States
Court aforesaid, nor claim any right
or advantage therein by reason o
any OF the terms or conditions hereof
but II this agreement shall be rati
fled and confirmed at such election
the said suit shall Immediately bC
dismissed.
1t is expressly understood ant
agreed between the parties hereto
that the City will provide for and cal
a special election of the qualified
electors of the City of Ashland, al
which election it will cause to be sub
mitted a charter amendment, which
If adopted by said electors, will rat.
ify, adopt and confirm this agree
ment in all things, and if at sucf
election this agreement is not rati
fled, adopted and confirmed by the
electors of said City voting thereat
then and in such event, this agree
ment shall not be a contract OF
! agreement between the parties, mol
binding in any manner upon said
parties or either of them, but If this
agreement is ratified and confirmed
at such election, then it shall be
binding upon the said City and the
said Company and their successors
and assigns.
For the purpose of Identification
of this contract, each page of the du-
plicate parts hereof shall be sub
scribed in ink by the initials of the
mayor of the City, made by the may
or to-wit, 20. H. j." and by the
president of the Company subscribed
by the president, to-wit, 81. w. c."
In testimony whereof, the City has
caused these presents to be executed
by its mayor and recorder by resolu-
ton of the common council duly au-
thorizing the same, and the Company
has caused these presents to be exc
cuted by its president and secretary
by resolution of its Board of Direct
ors duly authorizing same inter
changeably in duplicate, the day ant
year first herein written.
(City SeaD
CITY OF ASHLAND.
BY o. H. Johnson, Mayor.
By c. H. Gillette, Recorder.
Company Seal
CALIFORNIA-OREGON
POWER COMPANY.
BY Jesse w. Churchill, President
By Alex ]. Rosborough, Secretary
Executed in presence of:
JOS. B. WARE.
A. c. HOUGH.
H. L. WALTHER.
A. c. HOUGH.
State of Oregon, County of Jack
son, IS.
On this tenth day of August, 1915,
before me appeared o, H. Johnson,
Mayor of the City of Ashland, Ore
gon, and C. II. Gillette, Recorder of
the City of Ashland, Oregon, each
personally known to me, who being
duly sworn did say that he, the said
o. H. Johnson, is the Mayor of said
City of Ashland, and he the said G..
H. Gillette, is the Recorder of said
City of Ashland, and that the seal af-
fixed to the foregoing instrument is
the corporate seal of the City of Ash
land, and that said instrument was
signed and sealed in behalf of said
corporation by authority of its Com
mon Council, and the said o. H.