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(2) Within the limits of the town such power to sell or supply electricity, electric light or power or energy sball be the exclusive right of the town.
(3) The expense of carrying the electric current for supplying such light or power to houses, buildings or premises from the main, and the wiring thereof, shall be borne by the owner or the town, and to such extent in - either case as the Council deems proper.
7. The Council may, from time to time, within the limits Power to extend aforesaid, as it deems expedient, improve, extend or enlarge setem. the plant and system.
8. The Council may,
of the purposes
of this Act, Appointment of employ any engineer or workman, or appoint any superintendent or other necessary overseer, with such remuneration as the Council may determine.
9. It shall be lawful for the Council from time to time, Appraisement
of damages. for the purposes of this Act, to open or obstruct the roads, streets or highways anywhere within the town, or county of Kings, and to keep any such road, street or highway open or obstructed for such time as may be necessary in that behalf, and to erect and place upon and along such streets, roads and highways, or other places in the town, or in the said county, poles or any other necessary supports, with insulated wires attached thereto, for the transmission of electric currents for any of the purposes of this Act.
0. (1) In the event of any damage being done in the obstruction of -execution of any work authorized by the last preceding section, the party sustaining such damage shall be entitled to receive such compensation as may be mutually agreed upon, and in case the amount cannot be mutually agreed upon, within one month after the act causing the damage, the same shall, at the request, in writing, of such party, be determined by three arbitrators, one to be appointed by such party, one by the Council, and the third by a Judge of the Supreme Court, with or without costs to either party, and the award of the arbitrators so appointed, or of any two of them agreeing, shall be final and conclusive.
(2) The town shall pay and satisfy the full amount of the said award, within six months from the publishing thereof, and costs, as awarded, shall be taxed and allowed by a Judge of the Supreme Court, on the scale provided for suits in that court, according to the amount of the award.
Power for generation of electricity.
11. (1) The Council may use, adopt or provide for either water power, steam or other power for generating electricity, or for any use or purpose of this Act as the Council deems best, and may in constructing, installing, repairing, altering or operating the electric light and power system provided for by this Act, or for any purpose whatever of this Act, or for the carrying into effect of this Act, or any provision therein, or any right or power thereby conferred, or permitted, and at any and all times enter upon any lands within the town, and at any and all times enter upon the bed of any stream, brook or water course therein, and build; dig or make dams, reservoirs, excavations or other works, whenever necessary, and cause water to overflow the land bordering on any such stream, brook or water course, and take from such stream, brook or water coursesuch quantities of water as may be required, and do, make and perform any work or thing deemed necessary or expedieat in that behalf for carrying out the intentions and purposes of this Act, and for any purpose under this Act, may take and acquire any lands or buildings within the town, and for such purposes shall have all the powers of expropriation conferred upon Town Councils by “The Towns' Incorporation Act.”
(2) Any damage sustained by the owner of any land so entered upon, by any such work, and the value of any land or building so taken, shall be determined and paid over as specified and provided by the tenth section of this Act.
(3) Neither the town or its officers shall be liable for damage caused by shutting off electric light or power by reason of accident or for the purpose of repairing, main-taining, altering or removing any of the machinery or plant.
Application of moneys received.
12. All sums of money received from persons, firms or corporations for electricity, electric light, electric power or energy shall be and become the moneys of the town, and shall be applied to the purposes and in the order following:
(a) To provide the sinking fund hereinafter specified; (6) Tu provide for the interest on the debentures
issued under this Act;
(c) To provide for the payment of the operating
expenses of the system;
(d) To provide for repairs and incidental expenditure
necessary to keep the system in proper working
(e) To provide for any improvement, extension or
enlargement for p ant or system ; and
(f) To any other purpose to which the ordinary
revenues of the town may be applied. 13. (1) For the purpose of raising the amount neces- Power to sary to provide the electric light and power system authorized borrow money. by this Act, and to carry into effect the work and purpose thereby contemplated, the Council are hereby authorized and empowered to make and issue, from time to time, as may be by the Council deemed expedient, debentures according to the form in schedule "A" to this Act, bearing interest not exceeding four per centum per annum, payable half-yearly, and redeemable at any period not exceeding thirty years from the date of issue, to any amount not exceeding in the whole the sum of thirty thousand dollars, and to borrow money thereon.
(2) Such debentures shall not be issued for a less sum than one hundred dollars each, and shall be signed by the mayor and clerk of the town, and sealed with the town seal.
(3) The said debentures, when issued, shall be a charge on all the property, real and personal, of the town, and of the inhabitants thereof within the town.
(4) The proceeds of such debentures shall be placed in the custody of the Council, and shall be applied to the purpose of providing the electric light and power system contemplated by this Act, and for no other purpose what
14. (1) There shall be annually deposited by the Sinking fund. Council, in some chartered bank in the Province of Nova Scotia, such sum as the Council shall determine, but not less than two per cent. of the amount borrowed on debentures issued under this Act, to the credit of an account to be called “The Kentville Electric Sinking Fund.” Provided that the same may be from time to time invested in any securities legally available for the investment of trust moneys.
(2) Such sinking fund, and the interest thereon, shall be used for paying off the principal of the debentures issued under this Act, when the same mature and become due, and for no other purpose whatever.
Power to assess,
15. (1) If at any time the revenue from the electric light and power system, installed under the provisions of this Act, shall appear to be insufficient to provide for the sinking fund, aforesaid, interest on debentures, aforesaid, and operating expenses, aforesaid, the Council shall assess upon the town a sum sufficient to provide for any such insufficiency.
(2) Such sum shall be assessed and rated upon the property and income of the ratepayers of the town, liable to assessment for other town purposes, in manner as other town assessments are made, and all rates made by such assessment and rating shall, when so assessed and rated, be and become immediately payable, and may be levied or coilected by warrant or otherwise, in like manner as other town rates may be collected.
Property of the town.
16. All buildings, machinery, plant, real estate, or other property acquired under the provisions of this Act, shall become and be the property of the town.
17. (1) The Council shall bave power to acquire and take over for the town, the electric light and power plant, and all the property of the company, as a going concern, and shall pay therefor such sum as may be mutually agreed upon.
(2) In case the company shall refuse to sell and convey the same to the town, upon request, in writing, made by or in behalf of the Council to the president of the company, in pursuance of a resolution of the Council in that behalf, at one of its meetings, for such sum as may be determined by the Council, or in case the company do not refuse to sell and
convey the same, but will not accept therefor the amount so offered, the sum which the company shall receive for its electric light and power plant and property, shall be determined by arbitration as in this section specified.
(3) The Council shall, by resolution, appoint one arbitrator, the company shall appoint one arbitrator, and the Chief Justice of the Supreme Court of Nova Scotia, or the judge for the time being acting as Chief Justice, shall appoint a third arbitrator, and the said arbitrators so appointed shall, by award in writing, fix and determine the amount the company shall receive for the said plant and property as a going concern, and on payment of the said amount, or on tender of such payment, if such payment is not accepted on tender, to the treasurer of the company, the said electric light and power plant and property shall become and be the property of the town.
(4) In case the said arbitrators cannot agree on the amount to be paid the company. the award of any two of them agreeing shall have the same force and effect as the award of the three arbitrators.
(5) In case the company shall refuse or neglect to appoint an arbitrator, within five days after request, in writing, made in that behalf, pursuant to a resolution of the Council delivered to the president of the company, the arbitrators appointed by the Council
, and the Chief Justice or Acting Chief Justice, shall have all the power of the three arbitrators provided for by this section.
(6) The proceedings of the arbitrators for the purposes of their award may be conducted in like manner as ordinary arbitration proceedings.
(7) The award made under this Act shall be final and conclusive, and on payment or tender, as aforesaid, the company shall execute a conveyance of the said electric light and power plant and property to the town.
(8) The costs of any arbitration hereunder and incident thereto shall be determined by the arbitrators.
18. The town shall not have or operate any electric light Property of cr power plant or system until the Council shall have company to be acquired the electric light and power plant and property of the company, under the provisions of this Act.
19. In the event of the electric light and power plant Rights of comand property of the company being acquired and taken over pany to cease. by the town under this Act, all powers now possessed by the company, so far as the same might otherwise be used to affect or interfere with any property or rights acquired by the town under this Act, shall, so far as such property and rights are concerned, thereupon cease and determine.