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


other things, provide that said streets
when so opened, shall be protected, re-
paired and reconstructed to the satisfac-
ton of the City of St. Johns, at the
cost of said grantee within a specified
time therein to be fixed.
Sec. 8. AT all times, the power and
right to reasonably regulate, in the pub
lie interest. the exercise Of the fran
chse and right so granted including
rates to be collected for light and pow
or, shall remain and be vested in the
Council of the City of St Johns.
Sec. Z. The construction and install
lation Of the plant and system herein
provided for shall begin within ninety
days and shall be completed to the cx
tent Of at least one thousand horse
power ready for use within the limits
Of the City OF St. Johns within one
year from the date of acceptance of
this franchise.
Sec 3. The grantee, its successors
and assigns, are hereby empowered and
authorized to cut and trim any and all
ornamental shade trees in any OF the
streets, alleys or public highways of
the city, that interfere with any light,
pole, wire, appliance, or apparatus used
in connection with or as a part of the
electric light, heat, power works or
system, but no such shade tree or or
namcntal tree shall be so cut or trimmed
to a point below twenty-five feet above
the sidewalk grade, nor shall any such
shade tree or ornamental tree be so
cut or trimmed until the grantee, is
successors or assigns shall give writ
ten or printed notice TO the owner or
occupant Of the premises IN front Of
which said trees arc growing. TO trim
such trees within one week after Civ
ing said notice at the cost and expense
Of said owner or occupant II the said
owner or occupant fails. ncglccts or re-
fuses to so cut and trim such trees as
required by said notice, the said grantee
It's successors or assigns, may cut or
trim. or cause to be cut and trimmed
such trees. but said trees 10 be cut and
trimmed in such manner so as not 10
unnecessarily dcform or injurc the
same Said work shall be done at the
expense Of said grantee. its successors
or assigns.
Sec. Q. Nothing in this Ordinance
shall be construed as IN any wise to
prevent the City Of St Johns from
scwcring, grading, paving, planking
altering or doing any work that may be
desirable on any OF the streets. alleys OF
public highways. hut all such work
shall be done. II possible. in such man
ncr as not 90 obstruct, iniurc or pre-
vent the free Use and operation Of the
said electric light, power and heat sys
tenn of said grantee, is successors OF
assigns
See 10 Whenever II shall be nee
cssafy IN grading or scwcring. or m
making any other Improvements in any
street, alley or public highway. to re
move amy pole or poles belonging to
said grantee, It's successors or assigns.
or on which any line Ir lines. wire
pr wires oi said grantee. It's successors
" assigns shall be stretched or fastened. |
he said grantee, its successors or as.
signs, shall upon receiving ten days
notice from the City Of ST Johns, by |
is properly constituted authorities, re-. |
move such pole or poles, and II failing |
lcglccting or refusing so Ia do. the |
,aid Cily Of ST. Johns. by is properly |
constituted authorities. may remove the |
'amc "a the expense Of the said grantee,
rs successors or assigns.
See II, Said grantee, its successors
~ assigns, hereby agrees and covenants
% indemnify and save harmless the City |
Il ST. Johns and the officers thereof
lglint al damages. costs and expenses
whatsoever io which IL or they may be
uhicct IN consequence of the acts or
lcglcct Of said grantee. is successors
'r assigns, ils agents or servants. in
ny manner arising from the rights and
.r,llegcs hereby granted.
All right authority and grants herein
or conferred are also condi.
.oncd upon the understanding and
grccmcnl that these privileges In the
irccls and public places are not to
pcralc IN any way AS an enhancement
I the grantees properties or values.
z Ia be an asset or item Of ownership
! the appraisal thereof in the event
lat said city shall ever acquire hy
urchasc, any or all of said grantees
roperiy
This franchise and grant shall not be
1nstrued as any limitations upon the
lly of 81 Johns through It's proper
iilccrs 10 grant right privileges or
ithOrlty to other persons or corpora.
uns similar 10 or different from those
grcin set forth in the same streets
lcys or highways
See ie II shall be unlawful foi 1
ny person or persons. unless author (
ed by the grantee, lis successors or
signs, or hy the City OF ST Johns q
J iis properly constituted authorities ,
Interfere with, mcdde with. iniure y
7 remove any OF the poles wires or
ldersrousd conduiis or pipes. or any {
sulator, instrument, light or apparatus r
'cd Ia or as q part OF the electric &
,hi, heat or power system herein pro q
ded for aud any person or persons q
olating any Of the provisions Of this u
ction shall unon conviction thereof a
fore Municipal Court. be punished by a
fine of not less than Five (S) nor G
ore than One Hundred (Si0O) Dol 9
rs, or hy Imprisonment in the city \
Il not less than three (3l or more n
an one hundred (lO0l DAYS. or by "
nh said fine and imprisonment. q
See NJ, The rights and privileges
anled By this Ordinance are granted a
ION the conditions herein contained G.
ID upon the following considerations, a
wit: q
First, The said grantee shall. within "
irty days, after this Ordinance shall O
IN force, file in the office of the d
'corder OF the City Of ST Johns, lis Il
.iltcn acceptance OF this Ordinance <
anted to and conferred upon said p
sntee. its successors and assigns. sub N
Z Ia all the terms, obligations. restric OF
ms and provisions in this Ordinance al
ntained, and upon the expiration of ol
: thirty days time allowed for ac- tC
ntance OF this Ordinance, the same ci
/ having been accepted uncoadition- cl
y, this Ordinance shall become wholly h
ia, imperative and of no effect. SO
Second The said grantee, It's sue lC
.sors or assigns, hereby consents 10 r