St. Johns review. (Saint Johns, Or.) 1904-current, 1910-09-02

systems, property or plant Of the
Railway Company, its successors or
assigns, or any other corporation or
corporations, other than such as may
DO constructed under authority Of this
ordinance) and on, in, above or under
the streets and public places partic.
ularly mentioned in Sections l 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 a 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
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.
veyance. Should the Railway Com.
pany, its successors or assigns, fail,
neglect OF refuse for reasonable
time, after the city is so authorized
10 and before it shall purchase and
take over said plant and property and
after notice 20 that effect from the
city 20 select an arbitrator, OF should
said Council 30 fail TO select an arbi.
traitor, or In case the two arbitrators
chosen by the Council and Railway
Company, its successors or assigns,
neglect for n reasonable timo after
their appointment TO select a third
arbitrator, then and In either Of said
eases tho Governor Of the State Of
Oregon shall appoint three arbitrators
20 determine the price and valuation
to be paid by the city for said plant
aud property, and the decision Of said
three arbitrators, or a majority Of
them, 10 chosen by tho Governor,
made In writing In duplicate and dc.
A.. H. aN.w.aa.I
shall be final and binding upon tho
parties.
Section 10. Tho franchises, rights
and privileges herein granted shall
take effect Immediately upon tho
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 tho
Railway Company as IL hereinafter
provided In Section 10 hereof.
Inasmueh as the railways or street
railways heroinboforo authorized 20
be constructed have already been con.
structod and are now being operated
and maintained by the Railway Com.
pany, no time within which tho Rail.
way Company must begin work here.
under for the construction OF the
railways OF street railways mentioned
In Section l OF this ordinance IL pro.
vided, nor is any time provided with.
In which such work must be com.
pleted, nor is provision made for tho
estimated total cost of such work 10
bo done by tho Railway Company,
the Railway Company, Its successors
and assigns, shall begin the eonstrue.
tion OF the pole line 10 be constructed
on Fessenden street, mentioned In See.
tion Of this ordinance, within four
months from and after the time this
ordinance becomes a law, and shall
complete the construction thereof and
commence the operation thereof with.
In one year thereafter. The esti,
mated total cost OF such construction
work In connection with the pole line
mentioned In Section OF this ordi.
nance, Is one thousand dollars
(slOOO.O0)i the estimated yearly sums
OF money 90 be expended under this
franchise and ordinance Is two hun.
dred and afty dollars (ts50.00).
Section IA. All rights, privileges
and franchises granted 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, 1885.
Section IS. The power and right at
all times TO reasonably regulate In the
public interest the exercise OF the
rights aud privileges granted by this
franchise shall be and remain Ia the
Council of the City OF st. Johns.
Section 10. The Railway Company
shall within thirty days after this
ordinance shall be in force as pro.
vided by subdivision OF Section n
of the present charter Of the City Of
st, Johns, file in the Office Of the Re.
eoTder Of said City Of st. Johns an
unqualified written acceptance Of the
same, and a failure on the part Of
the Railway Company 10 hle such
written acceptance within said period
Of time shall be deemed an abandon,
ment and rejection of all the rights,
privileges aud franchises granted by
this ordinance and this ordinance shall
thereupOn be null and void.
Passed by the council this 23rd day
of August, 1910.
Approved by the mayor this 23rd day
of August, 1910
j. +. HENDRICKS,
Mayor.
Attest: A. NJ. ESsoN,
Recorder.
Published In the 81 Johns ReviavU