Daily capital journal. (Salem, Oregon) 1903-1919, 1907-10-29

fright to use the water front, ferries,
wharf property, land under water.
public landings, wharves. docks,
highways, bridges, avenues, streets,
alleys, lanes, parks or any other
public place. either on, through,
across, under or over the same. nor
other franchise, shall be granted hy
the city to any private corporation,
association or individual except as in
this charter otherwise provided, for
a longer period than 25 years nor
without fair compensation TO the city
therefor. and in addition to the 9TH
er forms of compensation to be there
in provided the grantee may be re-
quired to pay annually 10 the city
such percentage of the gross receipts
arising from the use of such fran
chise and of the plant used there
with as may be fixed in the grant OF
said franchise. Every grant OF a
franchise shall AK the amount and
manner of the payment of the COM
pensation to be paid by the grantee
for the use of the same and no other
compensation OF any kind shall be ex-
acted for such use during the life OF
the franchise. but this provision shall
not exempt the grantee from any
lawful taxation upon his or its prop
erty, nor from any licenses, charges
or impositions not levied on account
of such use.
F'ranchises--Acquiring OF by City.
Section 66. II by virtue OF the
terms of any grant or franchise and
as set out In section Go of this char
ter any plant or property shall be.
come the property of the city OF Sa-
lem tho city shall have the option at
any time then or thereafter either to
take and operate the same on its
own account, or to lease the same or
any part thereof together with the
franchise or right to use the high
ways, avenues. streets. lanes and al
leys or other public property in con-
Inection Herewith for periods not ex-
ceeding 25 years under such rules
and regulations as II may prescribe,
or to sell the same to the highest
bidder at public sale.
NA
II on the other hand the city OF
Salem shall elect that Il will not
acquire the plant and property so
valued, and application be made by
some corporation, association or In
divldual other than the holder of tho
expiring franchise for n franchise In
lieu of the expiring franchise, AMI
the corporation, association or indi-
vldual holding said expiring fran.
chise desire and make application TO-
a new franchise In lieu OF the fran
chlse so expiring. and now fran
.chise In lieu OF such expiring fran
chise Is granted. such new franchise
shall be granted 10 the corporation.
association or individual holding such
expiring franchise at the compensa
tion fixed TO be paid the city there
for. unless such other application
therefor shall In addition 20 the com.
pensation to be paid the city for such
franchise pay TO the city In trust for
the holder of such expiring franchise
the fair and equitable valuation made
OF the plant and property OF the hold
or OF such expiring franchise on, in
above or under the streets. avenues
and other public places Of the city.
therefrom in arriving at
such valuation, any value derived
from franchises or rights.
Arbitration Provided For.
The valuation herein provided for
shall be fixed by arbitrators, one TO
De appointed by the owner OF the ex.
bring franchise. and the other by
he council. and In case on a failure
n said Rrbltrators shall elect an UNI
,ire. and in case OF a failure of said
'wner OF said expiring franchise to
elect an arbitrator or OF failure
u said abltrators In a reasonable
ime TO select an umpire. then the
ouncll shall appoint both such arb.-
rators and umpire. and the deoision
4 a majority OF such arbitratOrs
hall be fnal and binding as to the
aforesaid.