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

other things, provide that said streets
When SO opened, shall be projected, re-
paired aud 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. q. AT all times, the power and
ugnt TO reasonably regulate, in the pub
Inc interest. the exercise of the fran
cluse and right So granted, including
rates TO be collected Tor light and pow
cr, shall remain and be vested in the
Council of the City of ST. Johns.
See. T. The construction and install
lation of the plant and system herein
provided for shall begin within ninety
days and shall be completed to the ex
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
tliis franchise.
Sec. s. 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. its
successors or assigns shall give writ
ten or printed notice TO the owner or
occupant of the premises in front Of
which said trees are 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. negleots or re
fuses to SO cut and trim such trees as
required by said notice, the said grantee
its successors or assigns, may cut or
trim. or cause 10 he cut and trimmed
such trees. but said trees to be cut and
trimmed IN such a manner so as not to-
unnecessarily dcform or injurc the
same. Said work shall be done at the
expense Of said grantee It's successors
nr assigns.
Sec o. 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 or
public highways, bu all such work
shall be done. IL possible, IN such man
ncr as not 90 ohstuct injurc or pre-
vent the free use and operation Of the
said electric light power and heat sys
TEN of said grantee its successors OF
assigns
See iO Whenever Il shall be nee
cssary IN grading or scwcring. or ~
making any other improvements in any
street. alley or public highway. to re-
move amy pole or poles belonging to
said grantee, is successors or assigns,
or on which any line or lines. wire
or wires of said grantee Us successors
or assigns shall be stretched or fastened.
the said grantee is successors or rs
signs shall upon receiving ten days
notice from the City OF ST. Johns. by
Us properly constituted authorities. re
move such pole or poles. aud u failing
ncglccling or refusing so 20 do. the
said City of 81. Johns. by It's properly
constituted authorities. may remove the
same at the expense of the said grantee
Us successors or assigns.
See n. Said grantee, lis successors
NNN MHnNENNHH NlNNNNN MENAAM NNlt AANhNNNNilNN y
20 indemnify and save harmless the Civ
n ST. Johns and the officers thereof
against all damages. costs and expense,
whatsoever To which Il or they may be
subject IN consequence Of the acts or
neglect OF said grantee, is successors
or assigns, rs agents or servants, IN
any manner arising from the rights and
privileges hereby granted
An right, authority and grants herein
contained or conferred are also cOndi
toned upon the understanding and
agreement that these privileges In the
streets and public places are not O.
operate in any way as an enhancement
of the grantees properties or values
or "a be an asset or item of ownership
in the appraisal thereof in the event
that said city shall ever acquire hy
purchase, any or all Of said grantees
property
This franchise and grant shall not be
construed as any limitations upon the
Civ of 81 Johns through iis proper
officers 10 grant right, privileges or
authority 90 other persons or corpora
tions similar 10 or different from thos,
herein set forth in the same streets
alleys or highways.
See, ~. Il shall be unlawful fof
any person or persons. unless author
izcd hy the grantee lis successors or
assigns, ar by the City Of ST. Johns
by Us properly constituted authorities
90 interfere with, mcddlc with. iujure
or remove any of tie poles wires or
underground conduiis or pipes, or any
insuaior, instrument, light or apparatus
used in or rs part Of the electric
light, heat or mower system herein pro
vided for, and any person or persons
violating anv of the provisions Of this
section shall, unon conviction thereof
before Municipal Court, be punished by
fine a not less than Five (5) nor
more than One Hundred (SlO0l Dol
lars. or by imprisonment in the city
iail not less than three CD or more
than one hundred GO0) DAYS, or By
both said fine and imprisonment
See ~. The rights and privileges
granted BY this Ordinance are granted
upon the conditions herein contained
and upon the following considerations.
io-wit:
First. The said grantee shall within
thirty days, after this Ordinance shall
be in force. file in the office Of the
Recorder OF the City Of St. Johns, is
written acceptance Of this Ordinance
granted TO and conferred upon said
grantee. its successors and assigns. sub
icct 10 an the terms. obligations, restric
tions and provisions in this Ordinance
contained, and upon the expiration Of
the thirty DAYS time allowed for ac-
ceptance Of this Ordinance, the same
not having been accepted uncondition
ally. this Ordinance shall become wholly
void. imperative and Of no effect
Second The said grartce. its sue
ccssors or assigns. hereby consents 10
and agrees 10 perform and abide hy all
the terms. requirements and conditions