St. Johns review. (Saint Johns, Or.) 1904-current, 1910-07-08

y systems, property or plant Of tn
n Railway Company, its successors o
< assigns, or any other corporation o
), corporations, other than such as ma,
r be constructed under authority of thi
r ordinance) and on, in, above or unde
;, the streets and public places partic
( ularly mentioned in Sections ! and
t 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 paiC
) by the City Of st. Johns for saic
. plant and property shall be fixed and
determined by three arbitrators, one
J 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 a ma
iority of them, made in duplicate and
signed by them, one delivered to the
Mayor of the city and the other 90
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 or assigns,
before the Railway Company, its sue.
cessors or assigns, shall be deprived
of the possession of said plant and
property, and upon the payment by
the city to the Railway Company,
its successors and assigns, of such
price and valuation so 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.
veyanee. Should the Railway Com.
pany, its successors or assigns, fail,
neglect or refuse for reasonable
time, after the city is 10 authorized
TO and before it 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 ease the two arbitrators
chosen by the Council and Railway
Company, its successors or assigns,
neglect for reasonable time after
their appointment 20 select third
arbitrator, then and In either of said |
cases the Governor of the State Of |
Oregon shall appoint three arbitratofs
90 determine the price and valuation /
to be paid by the city for said plant I
and property, and the decision Of said 4
three arbitrators, or a majority a .
them, 40 chosen by the Governor,
made In writing In duplicate and dc.
livcrcd 90 the parties ns aforesaid,
shall be final aud binding upon the
parties.
Section ~. The franchise. rights
aud privileges herein granted shall
take effect Immediately upon the
valid passage Of this ordinance and
franchise as provided By subdivision
) of Section n Of tho charter OF
The city Of 81. Johns, and upon the
acceptance OF this franchise by the
Railway Company NJ Ia hereinafter
provided IN Section 10 hereof.
lnasmuch as the railways or street
always horeinhoforo authorized 60 J
% constructed have already been con.
tructcd and are now being operated
md maintained by tho Railway Com. I
amy, no time within which tho Rail. +,
way Company must begin work here. I
ndcr Tor the construction OF the I
always or street railways mentioned =,
n Section ] OF this ordinance ia pro.
idcd, nor IN any time provided with.
which such work must be com.
letcd, nor N provision made for tho =
stimatod total cost OF such work 10 ,
q done by tho Railway Company; n
ho Hallway Company, It's successors 90
nd assigns, shall begin the eonstruc. n
ION OF the pole limo 10 bo constructed
n Fessenden street, mentioned Ia See. =,
ION OF this ordinance, within four
ionths from and after the time this
rdinnnee becomes law, and shall q
ompleio the construction thereof aud n
the operation thereof with. o
one year thereafter. The esti
lhted total cost OF such construction ,l
ork In connection with tho pole line
Ientioned in Section 9 OF this ordi.
ance, Is one thousand dollars 9
slo0O.00)i the estimated yearly sums v
money 10 he expended under this 81
.anchiso and ordinance Is two hun, nj
Ped and fifty dollars (S25O.O0), "a
Section a. An rights, privileges n
nj franchises granted 10 or conferred a,
ion the Railway Company, It's sue, I
'ssors or assigns, by this ordinance :,
fefaAf anu AAiNAAn AM -
ree until aud including the first day "
June, 1898. W
Section Is, The power and right al W
Times TO reasonably regulate ia the 81
lhlie interest the exercise OF the
shts and privileges granted by this ST.
anehlse shall be and remain In the n.
,aheil of the City of n. Johns.
Section l6, The Railway Company
all within thirty DAYS after this ~
dinanee shall be in force as pro. m
ted by subdivision 5 OF Section n III
the present charter of the City of sil
Johns, file in the office of the Re. to
rder OF said City of ~. Johns an
written acceptance OF the q,
me, aud failure on the part of op
. Railway Company TO die sueb 81
ltten acceptance within said period 10
time shall be deemed an abandon.
mt and rejection of all the rights. yo
Nileges and franchises granted bv thl
s ordinance and this ordinance shall VI,
'reupon be null aud void. lad
'assed first reading June S, 1910. sil
'assed second reading June 5, 1910. m,
Published in the st. Johns Review -
" l and s, 1910. so'