St. Johns review. (Saint Johns, Or.) 1904-current, 1910-07-01

systems, property or plant Of the
Railway Company, its successors or
assigns, or any other corporation or
corporations, other than such as may
be constructed under authority Of this
ordinance) and ON, in, above or under
the streets and public places partic-
ularly mentioned in Sections ! and 2
of this ordinance, but In no case shall
the value Of this franchise Of the
Railway Company, its successors or as
signs, be considered or taken into ac.
count in fixing such valuation.
The price or valuation to be paid
by the City Of st. Johns for said
plant and property shall be fixed and
determined by three arbitrators, one
appointed by the Council Of the city,
another appointed by the Railway
Company, its successors or assigns,
and the third appointed by the two
so chosen, and the decision In writing
of said three arbitrators, or ma
jority Of them, made in duplicate and
signed by them, one delivered to the
Mayor of the city and the other to
the Railway Company, its successors
or assigns, shall be final and binding
upon the parties, and said price and
valuation shall be paid to the Railway
Company, its successors OF assigns,
before the Railway Company, its sue.
cessors or assigns, shall be deprived
of the possession Of said plant aud
property, and upon the payment by
the city to the Railway Company,
its successors and assigns, OF such
price and valuation 80 determined as
aforesaid, said plant and property so
valued, purchased and paid for shall
become the property of the City of st.
Johns by virtue hereof and payment
therefor, as aforesaid, and without the
execution Of any instrument OF con-
veyance. Should the Railway Com
pany, its SUCCESSORS or assigns, fail,
neglect or refuse for reasonable
time, after the city Is SO authorized
to and before IL shall purchase and
take over said plant and property and
after notice TO that effect from the
city TO select an arbitrator, or should
said Council SO fail to select an arbi.
traitor, or In case the two arbitrators
chosen by the Council and Railway
Company, It's successors or assigns,
neglect for a reasonable time after
their appointment TO select third
arbitrator, then and In either Of said
cases the Governor Of the state OF
Oregon shall appoint three arbitrators
TO determine the price and valuation
to be paid by the city for said plant
and property, and the decision OF said
three arbitrator, or majority OF
them, 40 chosen by the Governor,
made In writing In duplicate and de-
livcrcd TO the parties as aforesaid,
shall be final and binding upon the
parties.
Section 10. Tho franchises, rights
and privileges herein granted shall
take effect Immediately upon the
valid passage OF this ordinance and
franchise as provided by subdivision
8 Of Section n Of tho charter Of
the City Of 81. Johns, and upon tho
acceptance Of this franchise by the
Railway Company IN is hereinafter
provided In Section 10 hereof.
Inasmuch as tho railways or street
railways hereinbeforo authorized 20
bc constructed have already been con
structed and are now being operated
and maintained by the Railway Com.
pany, no time within which the Rail
way Company must begin work here
under for the construction Of the
railways or street railways mentioned
In Section I Of this ordinance In pro-
vided, nor In any time provided with
In which such work must be COM
plcted, nor is provision made for tho
estimated total cost Of such work TO
be done by the Railway Company;
the Railway Company, Its successors
and assigns, shall begin the eonstruc.
tion Of the pole line to DO constructed
on Fesscnden street, mentioned In Sec
tion OF this ordinance, within four
months from and after the time this
ordinance becomes law, and shall
complete the construction thereof and
commence the operation thereof with.
In one year thereafter. The esti'
mated total coat of such construction
work In connection with the pole limo
mentioned In Section Of this ordi.
nance, Is one thousand dollars
(sl000.00); the estimated yearly sums
Of money TO be expended under this
franchise and ordinance Is two hun
dred and 6fty dollars (t250.00).
Section Ia. All rights, privileges
and franchises granted TO or conferred
upon the Railway Company, its sue.
eessors or assigns, by this ordinance
shall continue, exist, and remain In
force until and including the first day
OF June, 1895.
Section Is. The power and right at
all times TO reasonably regulate In the
public interest the exercise Of the
rights and privileges granted by this
franchise shall be and remain In the
Council Of the City Of st. Johns.
Section 10. The Railway Company