Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1915-08-19
ASHLAND TIDINGs

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but the true consideration to be q
part OF this agreement
Wherever in this agreement the
term Railroad Commission" or
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
life 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 and
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 msunderstandings 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 for
the District of Oregon, suit wherein
the Ashland Electric Power & Light
Company is plaintiff and the City is
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, and
this agreement is entered into for the
purpose of settling and forever put
at rest such disputes, misunderstand-
ings, and the said suit aforesaid,
therefore if this agreement is not
ratified by the legal voters Of the
City of Ashland and does not become
valid contract and obligation upon
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 said
suit pending in the United States
Court aforesaid, nor claim any right
or advantage therein by reason of
any OF the terms or conditions hereof,
but If this agreement shall be rati-
fled and confirmed at such election
the said suit shall Immediately be
dismissed.
1t Is expressly understood and
agreed between the parties hereto,
that the City will provide for and call
special election of the qualified
electors of the City of Ashland, at
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 such
election this agreement is not rati-
fled, adopted and confirmed by the
electors Of said City voting thereat,
then and in sucl event, this agree
ment shall nc: be a contract or
agreement between the parties, nor
bindir, in any manner upon said
PARTIES or either of them, but II 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-
tion 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 and
year first herein written.
(City SeaD
CITY OF ASHLAND.
BY 0. H. Johnson, Mayor,
BY c. H. Gillette, Recorder.
Company Sean
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, SIS.
On this tenth day of August, 1915,
before me appeared o. H. Johnson,
Mayor of the City of Ashland, Ore
gon, and C. H. Gillette, Recorder OF
the City of Ashland, Oregon, each
personally known to me, who being
duly sworn did say that he, the said
0. H. Johnson, is the Mayor of said
City of Ashland, and he the said c,
H. Gillette, is the Recorder of said
City of Ashland, and that the seal al
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 0. H.