St. Johns review. (Saint Johns, Or.) 1904-current, 1909-06-04

map or plat Of 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
Its successors or assigns shall be
deemed to have abandoned all rights
and privileges conferred by this Or.
dinance unless It files written ac.
ceptance Of this franchise within 30
days after this Ordinance shall be In
force.
Section ~. 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
a fair valuation thereof to be made
ard determined as hereinafter pro-
vlded. 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
Qhn11 anntairn mr. taE u,tph ,,tn
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.
tion 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
places Of the city. and material and
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 st. Johns
for said property shall be fixed and
determined by three arbitrators. one
appointed hy the common council OF
the city, another appointed by said
Portland Gas company. It's successors
or assigns. and the third appointed
by the two so chosen: and the do.
cision In writing Of said three ar.
bitrators or majority Of them,
made In duplicate. and signed by
them. one delivered TO the Mayor Of
the city and the other TO said Port.
land Gas company. Its successors or
assigns. shall be final and binding
upon the parties. and said price and
valuation shall be paid TO said Port. |
land 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 30
valued, purchased and paid for shall |
become the property Of the city OF
81. Johns by virtue hereof and pay. |
ment therefor as aforesaid. II the
city OF st. Johns shall elect not to
acquire said property. or shall not
purchase the sane. and the city shall
elect 10 grant a new or additional
In lieu OF the expiring or
expired franchise granted by this
and application be made
by said Portland Gas company. It's
successors or assigns for such new
Dr. additional franchise. and In that
,ase said Portland Gas company. Its
successors or assigns shall have the
irst and preferential right TO take
md receive such new or additional
and n the said portland
las company, Its successors or as.
'igns. do not take such new or ad.
litional franchise. but the same Ii.
Ifter their election not TO take the
anne. granted by the city 10 any cor.
association or individual moi
hen holding a franchise from said
ity for the manufacture and sale OF
as therein. then and In that case
uch corporation. association or In
ividual taking such new or addi.
Ional franchise. shall In addition 10
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
lid Portland Gas company. It's sue
sssors or assigns. at or before the
me such new or additional fran.
iise takes effect the fair and eQuit.
Die valuation OF the said property
said Portland Gas company, It's
lccessors or assigns. which the city 7
: this section reserves the right TO
irchase and take over. the valuation
ereof and price TO be paid there q,
2. to said Portland Gas company. p
J successors or assigns, to be fixed ci
ID determined In the same manner w
In this section above provided for .
ting and determining the price X
ID valuation Of said property In case
e city shall purchase and take
er same.
Passed by the Council this LIST day
June, 1909.
Approved by the Mayor this LIST
y Of June. 1909.
j. +. HENDRICKS. Al
Attest: Mayor.
A. NJ. ESSON. =
Recorder. =
Published In the st. Johns Review,
ne 4th. 1909.