St. Johns review. (Saint Johns, Or.) 1904-current, 1909-05-21

map or plat or any and all changes
there.
Section 10. The Portland Gas com.
pany, Its successors or assigns shall
lay all pipes including both laterals
and gas mains at least 20 inches be-
low the grade of the street where
such grade is established, and where
such grade has not been established,
then the city engineer shall furnish
the grade.
Section IL. Portland Gas company,
It's successors or assigns shall be
deemed to have abandoned all rights
and privileges conferred by this Or
dinance unless II files written ac-
ceptance of this franchise within 30
days after this Ordinance shall be in
force.
Section 12. That upon the expira-
ton of the period for which the
franchise is granted, the city of St.
Johns reserves the right at It's elec-
tion and upon payment therefor Of
fair valuation thereof TO be made
ard determined as hereinafter pro-
vided, to purchase as an entirety
and take over to itself the said gas
pipe system, gas mains and property
appertaining thereto and plant re-
ferred to herein. II any, Of the said
Portland Gas company, Its success
sors or assigns; provided, however,
that before the city shall have
authority to purchase or take over
such gas pipe systems. property, etc,
the question whether or not the city
shall acquire or take such gas pipe
system or property shall first be sub
mitted to the electors Of the city at
the regular election for city officers
next preceding the expiration OF the
period for which this franchise Is
granted. In determining the valua.
ton Of said property to be purchased
and taken over to the city, there
shall be excluded therefrom any
value Of franchise or rights Of way
derived from the city Of st. Johns to
maintain and operate such property. |
but there shall be included In such |
valuation the value of all works. |
structures. buildings. pipe systems,
and gas mains laid In, on, along. up
on and under the streets. avenues.
lanes. alleys. squares and public
property which said Portland Gas
company, Its successors or assigns.
may have put into, upon. over. under or
along the streets, avenues, lanes,al.
leys. squares and public places OF
the city. The price or valuation to
be paid by the city Of Sc. Johns
for said property shall be fixed and
determined by three arbitrators. one
appointed 10y the common council OF
the city. anojLer appointed by said
Portland Gas company. It's successors
or assigns, and the third appointed
by the two so chosen: and the de.
cipion In writing OF said three ar.
bitrators or n majority OF them.
made In duplicate, and signed by
them. one delivered to the Mayor OF
the city and the other 10 said Port.
land Gas company, It's successors or
assigns, shall be final and binding
upon the parties, and said price and
valuation shall be paid TO said Port.
and Gas company, It's successors or
assigns. and upon the payment by
The city TO said Portland Gas com.
pany. It's successors or assigns OF
such price and valuation 80 deter.
mined as aforesaid, said property so
valued. purchased and paid for shall
become the property OF the city OF
81. Johns by virtue hereof and pay.
nent therefor ms aforesaid. II the
,ity OF ST. Johns shall elect not TO
purchase the same. and the city shall
,lect TO grant new or additional
In lieu OF the expiring or
expired franchise granted by this ,
Ordinance. and application be made
,y said Portland Gas company, its
successors or assigns for such new
'r additional franchise. and In that
'ase said Portland Gas company. It's
uccessors or assigns shall have the
irst and preferential right TO take
md receive such new or additional
and II the said rortland
ias company. Its successors or as
igns, do not take such new or ad. I
Iitionai franchise. but the same Is,
fter their election not 10 take the
anne. granted by the city TO any cor. .
association or individual not
hen holding franchise from said
ity for the manufacture and sale Of
as therein, then and In that case
uch corporation, association or In
iyidual taking such new or add
Ional franchise, shall in addition 20
he compensation to be paid TO the
ity for such new or additional fran.
hise, pay TO said Portland Gas COM
any. its successors or assigns, or
, the city OF 81. Johns, In trust, for
aid Portland Gas company. Its sue.
essors or assigns. at or before the
me such new or additional fran p
hise takes effect the fair and equit- II
BILE valuation OF the said property Ct
! said Portland Gas company. its W
lceessors or assigns. which the city a
y this section reserves the right TO n
lrchase and take over. the valuation
lereof and price to be paid there
w. to said Portland Gas company,
3 successors or assigns. to be fixed
nd determined In the same manner
J In this section above provided for
king and determining the price =,
Id valuation OF said property in case ~
e city shall purchase and take
'er same.
Passed by the council this .. day !
........, 1909. =
Approved by the Mayor this. day
........, 1909.
',''.''' - - M
Attest: Mayor. r.
.',' 80. ..'..'
Recorder.
Published In the st. Johns Review,
ay IA and 2l. 1903.
kAr 81 tnfs 4 ints