OCR Text |
Show T THE OLD ORDINANCE Section 10 (b) It is further understood and agreed that at any time after twenty-flvo twenty-flvo (25) years from the accoptonco of this franchiso by the grantees herein, here-in, the City shall have the right to purchase tho electric plant and tho ontiro power and distributive system which shall bo constructed by s said grantees under and by virtue of this franchiso from the grantees herein, at a pri6o, not to excood the cost of reproducing the said power plant and distributive system without charge for water power sites or filings other than actual cost to tho grantees, to be agreed upon by throe (3) disinterested disin-terested appraisers, ono of whom shall be appointed by the grantees, and the other by the said Ogden City, and then the Governor of tho State of Utah shall appoint the third, and in the evont that tho appraisers so appointed nro unable to agree upon a purchase price, then tho said City shall have tho right to condemn In the manner provided by law for tho condemnation of private property for public use; provided, that in tho event the City should elect to purchase tho said plant and the distributive system sys-tem thereunder, or in tho event that the City should acquire the said property prop-erty by condemnation, that the value of the franchise or rights granted hereunder shall not be considered or ,!..., i ...., i rl. .!.... t.i ...... lJICll UllU WtUUIll 111 11.YIU& OUIll JJlll" chase price. Neither shall any allowance allow-ance be made for water power sites - or filings on same other than actual i cost to the grantees And provided i further, that if the said city acquires said plant and distributive system un- der any of the provisions of this fran-! fran-! chise, that all rights and privileges granted hereby shall terminate and : cease. And provided further, that in , the event the said City elects to buy said electric power plant and distributive dis-tributive system, and the said grantees gran-tees decline or refuse to name or appoint ap-point an appraiser, as herein provided, provid-ed, then and in that event the Judge of the district court of tho second judicial district in and for Weber County, Utah, upon application of said City Council, shall name such appraiser ap-praiser for said grantees, and the acts of the said appraiser shall bo as binding upon said grantees as If named or appointed by them All rights and privileges granted by this franchise shall terminate and be null and void, and of no effect, should the said grantees, their heirs or assigns, transfer, either directly or indirectly, the rights so granted to any person or person or company, owning; controlling con-trolling or operating a competing electric light system in said City. 1 i THE NEW ORDINANCE Section 10. In consideration of the premises, it is hereby agreed that If thero shall hereafter "bo any new Inventions In-ventions or Improvements that will materially reduco the cost of producing produc-ing or distributing electrical energy for lighting, powor or heating purposes, pur-poses, or if there 6hall bo such an increased in-creased volume of tho grantee's business busi-ness in Ogden City as to materially reduco tho cost of producing or distributing dis-tributing said energy, or, provided, further, if thore shall horoaftor be any conditions which shall materially increase in-crease tho ratio of granteo's operating costs to its operating revenues or en-banco en-banco tho cost of producing or distributing dis-tributing electrical energy for lighting, light-ing, power, or heating purposes, then, and in every such orent, thero shall be a reasonable adjustment by the Board of Commissioners of Ogden City, on tho ono part, and the granteo, Its successors or assigns, on the other part, of tho rates herein fixed. In the event of disagreement between be-tween tho parties, either in respect to tho fact whether tho said conditions authorizing a readjustment of said rates have arisen, as above provided or as to the amount of reduction thereof, there-of, or both, then the same shall be determined and ascertained by two competent and disinterested appraisers, apprais-ers, thu city and tho said grantee each selecting one, and tho two so eh. sen shall select a competent and dlslnter- osieu impire, ana tno appraisers snail then determine whether tho said con dltions exist, and what reductions 01 advanco of said rates shall be made: and upon fnlluro to agree thoy shall submit their differences to tho urn pire, and the decision, in writing, of any two shall determlno the said question. ques-tion. Each party shall bear equally tho expense of the appraisal. In the event the said granteo, its successors and assigns, shall, upon demand of the Board of Commissioners of Ogden City, refuse or neglect to proceed to arbitration for a readjustment of the rates, as heroin provided, or fail to carry Into effect tho rates when readjusted, re-adjusted, as heroin provided, then tho Board of Commissioners reserves the right to alter, amend and chnnge this franchiso In respect to rates or charges for tho services referred to In this section The arbitrators, appointed as hereinbefore here-inbefore proided, shall hav0 full power and authority to audit and examine ex-amine all the books of the grantee appertaining to its cle.tric lighting, power and heating business in Ogden City for the purpose of determining tho matters submitted to them for arbitration, ar-bitration, but this power and author-Jy author-Jy shall cease and terminate If and when ever the legislature of tho Stato of Utah shall by general statuto authorize auth-orize or empower any other commission commis-sion or body to examine the books of public service crporations, and If the results of such examination by such Dther commission or body shall be open to Inspection by such arbitrators NTo arbitration under any provisions of this Section shall be demanded by either party before tho expiration of which tho ordinance, making this amendment goos into effect. All Information In-formation acquired by the arbitrators shall be treated as confidential, and be used only in determining the question ques-tion submitted for arbitration. The laws of the state of Utah give cities the right to fix the rates for light and gas, as well as for water, yet the city commissioners commission-ers deliberately sign a contract to delegate that power to a committee of arbitration, one-half of which is to be selected by the Light company. com-pany. It is the Standard's belief that the new franchise should be recalled. re-called. It is worse than a blunder to have passed the new franchises. |