St. Johns review. (Saint Johns, Or.) 1904-current, 1911-02-17


property of the said Mount Hood Rail
way & Power Company, its successors
or assigns, from lawful taxation. Each
OF the annual payments of money re-
uuired by this section shall be made
by the said Mount Hood Railway &
Power Company, its successors or as
signs. to the Recorder of the City of
ST. Johns on or before the 18th day
of January of each year for the preced-
ing year, and said Recorder shall issue
his receipt therefor which shall be a
full acqutiance of the said Mount Hood
Railway & Power Company, its Sue
cessors 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
pany, transacted in the City of St.
Johns for the past year and the Re
corder for said city shall have access
TO the books Of the said company dur
ing the business hours Of any business
day, for the purpose Of verifying said
report. Should said Mount Hood Rail
way & Power Company, its successors
or assigns, fail or neglect for thirty
(3O) days after the same becomes due
and payable and after written notice
from the City OF ST. Johns TO pay the
same. 10 pay any Of the said annual
payments. provided for in this section
The City Of St. Johns, by It's properly
constituted authorities, shall have the
right to collect said overdue payments
from the said Mount Hood Railway &
Power Company, its successors or as
signs by suit or action, and shall have
a lien upon lis 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 It's election and upon pay
ment therefor by a fair valuation there
Of. 10 he made and determined as here
matter provided. 10 purchase as an en-
tirety and take over TO itself all that
portion OF the plant and property Of the
said Mount Hood Railway & Power
Company. It's successors or assigns.
which may be situated in, above and
under the streets. avenues. highways
aud public places Of the City Of St
Johns. provided. however. that before
the City Of St. Johns shall have au-
ihority 10 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 the
city at the regular election for city Of
fccrs next preceding the expiration OF
lhe period for which this franchise Is
or at a special election held
therefor and the affirmative vote Of at
least two-thirds Of the electors voting
At such election shall be necessary to
authorize the acquisition Of such plant
and property by the city In dctcrmin-
ing the valuation OF such plant and
property 10 be purchased and taken
over by the city. there shall be excluded
hcrcfrom any value of franchise or
rights Of way. derived from the City OF
St Johns 10 maintain and operate such
plants and property but there shall be
IN such valuation the value
,olcs. wires. underground conduits
overhead wires cables and conduits and
material and property which said Mount
Hood Railway 4 Power Company, its
successors or assigns, may have pm,
nto, upon. over or under the streets
Illeys, avenues. highways and public
,laccs Of the city. and the said plant
rhe price or valuation 10 be paid by
he City Of ST Johns for the said prop
rty shall be fixed and determined by
hrcc CD arhitrators consisting Of three
ircuit Judges Of the Circuit Court OF |
he State of Oregon for Mulnomah |
'ounly, and II said Judges or any OF
hem refuse To act as such arbitrator, |
he city shall select one arbitrator, the |
fanlce another and these two shall |
elect a third which arhitrators so
elected shall possess qualifications Of
juror IN the Circuit Court of Oregon
lr the County OF Multnomah. and the
ecision In writing Of the three arbi-
'ators so selected or a majority OF Il
lem, made In duplicate and signed by
icm, one TO be delivered 10 the Mayor
the City of St Johns and the other
} the Mount Hood Railway 4 Power
ompany. lis successors or assigns. the
nd price and valuation shall be paid
the said Mount Hood Railway q
over Company, It's successors and as
gus. before the said Mount Hood
ailway 4 Power Company. its success
'rs or assigns shall be deprived OF the
Of the right 10 maintain
nerate and enjoy the said plant and
'operty; and upon the payment by the
~ Ia the said Mount Hood Railway
Power Company, It's successors or
,igns Of such price and valuation So
'termined as aforesaid, said plant and
.operly So valued purchased, aud paid
" shall become the property of the
ily Of 81. Johns hy virtue thereof and
lyment as aforesaid and without the
,eculion OF anv instrument Of convey
zee II the City OF St Johns shall
ect not To acquire the said plant and
onerty or shall not purchase the same,
ID the city shall elect 10 grant a new
additional franchise in lien Of the
,pired franchise by this Ordinance
anted, on application made hy the said
cunt Hood Railway 4 Power Com
~ or additional franchise. then and I'm
al ease, the said Mount Hood Railway
Power Company its successors or
signs shall have the first and prefer
tial right To take and receive such new
ditional franchise, and ii the said Citv
st Johns, or the Mount Hood Rail
" x Power Company lis successors
assigns do not take such new or ad
ional franchise. hut the same is after
cir election not to take the same.
anted by the city to any other cor
ration, associations. firm or individ-
or individuals. then, in that case. such
ler corporation. association. firm. in ,
'idual or individuals taking such new
additional franchise shall in addition
the compensation to be paid to the
v for such new or additional fran
se pay to the said Mount Hood
ilway 4 Power Company, It's success
5 or assigns, or to the City Of ST
ans, in trust for the said Mount Hood
ilway 4 Power Company, its sue -