St. Johns review. (Saint Johns, Or.) 1904-current, 1911-03-24

Ordinance be imposed, exacted from or
required of the said Mount Hood Rail
way & Power Company, its successors
or assigns other than the above spe-
Gifted annual payment of money, but
his provision shall not exempt the
roretty of the said Mount Hood Rail
way < Power Company, its successors
r assigns, from lawful taxation Each
the annual payments of money re-
luired by this section, shall be made
the said Mount Hood Railway &
'ower Company. its successors or as
igns, to the Recorder of the City of
It, Johns on or before the 18th day
e January of each year for the preced-
i1g year, and said Recorder shall issue
is receipt therefor Which shall be a
+ III acquitlancc OF the said Mount Hood
Railway < Power Company its suc-
'essors or assigns for such payment
At such time, the grantee herein. its
successors or assigns, shall file with the
City Recorder, a certified statement
showing the gross earnings Of the Com
uany, transacted in the City of St.
Johns for the past year and the Re
cordcr for said city shall have access
TO the books of the said company dur
irg the business hours Of any business
day. for the purpose OF verifying said
report. Should said Mount Hood Rail
way & Power Company It's successors
or assigns. fail or neglect for thirty
900 DAYS after the same becomes due
md payable and after written notice
from the City Of st. Johns TO pay the
same. TO pay any OF the said annual
payments. provided for in this section
the City of ST. Johns, bv It's properly
constituted authorities, shall have the
tight to collect said overdue payments
from the said Mount Hood Railway &
Power Company. It's Successors or as
signs hy n suit or action. and shall have
lien uron its property and franchise
hereby granted for the payment of the
same.
Fourth That upon the expiration OF
the period for which this franchise is
granted, the City Of St Johns reserves
the right. At its election and upon pay
mcnt therefor by fair valuation there
of go bc made and determined as here
iuaflcr provided, to purchase rs an en-
tircty and take over 10 itself all that
portion OF the plant and property Of the
said Mount Hood Railway 4 Power
Company. It's successors or assigns.
which may he situated in, above and
under the streets, avenues, highways
and public places OF the City Of St.
Johns. provided. however that before
the City of ST. Johns shall have au-
'hority 90 purchase or take over such
plant or property. the question whether
or not the city shall acquire or take
over the said plant or property. shall
first be submitted to the voters Of th"
,ity N the regular election for city OF
fcers ncNt preceding the expiration of
he period for which this franchise L.
GRANTED. or at snccial election held
therefor and the affirmative vote of n
least two-thirds of the electors voting
n such election shall be necessary to
authorize the acquisition uf such plant
and property by the city. ln dctcrmin
ing the valuation Of such plant and
property, to he purchased and taken
over hy the city, there shall be excluded
ihcrcfrom any value of franchise o.
rights of way. derived from the City ~
81 Johns Ia maintain and operate sucl,
plants and property. hut there shall be
included IN such valuation the value
II all arc lights. incandcsccnt lichis
nolcs, wires underground conduiis
overhead wires, cables and conduiis AMI
material and proncrty which said Mount
Hood Railway x Power Company. Us
successors or assigns, may have put
into. upon. over or under the streets
alleys, avenues. highways and public
olaccs of the city, and the said plant
The price ar valuation Ia be paid by
he CITY of ST. lohns for the said prop
srty shall be- fixed aud determined by
hrcr f'N lrhiiraiors consisting Of thrcr
ircuit Judges of the Circuit Court oi
he State of OREGON for Multnomah
'ounty, and II said Judges or any 81
hem refuse Ia act as such arbitrator,
he city shall select one arbitrator. the
'rantcc another and these two shall
elect q third. which nfbitrators So
selected shall nosscss qualifications Of
Juror in the Circuit Court ~ Oregon
Tor the County of Muluomah and the
lcc'sion In writing of the three arhi.
rltors so selected or a majority VI
hem. made in duplicate and signed by
hem. one Ia be delivered 10 the Mayor
4 the City of ST Johns and the other
o the Mount Hood Railway 4 Power
Company, is successors or assigns, the
said price and valuation shall be paid
q the said Mount Hood Railway x
Power Company, iis successors and as.
igns. before the said Mount Hood
Railway & Power Company, is success
ors or assigns shall be deprived Of the
possession Of the right 90 maintain
operate and enjoy the said plant and
property, and upon the payment hy the
'iiy % the said Mount Hood Railway
y Power COMPANY, is successors or
signs. OF such nrice aud valuation So
determined as aforesaid, said plant and
property So valued, purchased aud paid
for shall become the property Of the
City Of St JOhns by virtue thereof aud
aaymrnt as aforesaid and without the
execution of arv instrument Of convey
'nce n the City Of ST. Johns shalt
elcct not tO acnuirc the said plant and
prOnerty or shall not purchase the same.
and the city shall elect 10 grant new
lr additional franchise IN lien Of the
expired franchise hy this Ordinance
Franted. on anpl'cation made by the said
Mount Hood Railway x Power Com
lany, lis successors or assigns, for such
new or additional franchise then and in
that case. the said Mount Hood RAILWAY
Z Power Company. Us successors or
assigns shall have the first and prefer
enlal right 10 take and receive such new
additional franchise. and II the said Citv
Of St Johns. or the Mount Hood Rail
way X Power Comoany. is successors
or assigns do not take such new or ad
ditional franchise, but the same is after
their election not 10 take the same
granted by the city to any other cor
poration, associations, firm or indiyid
nal or indiYidnals then i'm Tint case. such