St. Johns review. (Saint Johns, Or.) 1904-current, 1911-02-10

approved by the Mayor, in the sun
Of 100000, which bond SHALL among
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. 9. AT all times, the power and
right TO reasonably regulate, in the pub
lic interest, the exercise of the fran
chise and right so granted, including
rates to be collected for light and pow
| er, 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 ex-
| 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 8. The grantee, its successors
and assigns, arc 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 part Of the
electric light, heat, power works OF
| 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, lis
successors or assigns shall give writ
ten or printed notice TO the ownp 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. neglects or re
fuses TO so cut and trim such trees as
required by said notice, the said grantee
| is successors or assigns may cut or
| trim, or cause 10 be cut and trimmed.
such trees. but said Eccs To be cut and
trimmed IN such manner so as not to
unnecessarily dcform or injure the
| same Said work shall be done at the
expense Of said grantee. It's successors
or 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-
dc sirablc on any Of the streets. alleys or
public highways. but "a such work
shall be done, II possible. in such man.
ncr as not TO obstruct injurc or pre-
vent the free Use and operation OF the
said electric light, power and heat sys-
tenn Of said grantee is successors or
assigns
See 10 Whenever II shall be nee
cssary IN grading or scwering, or M
making any other improvements in any
street, alley or public highway. to re.
move any pole or poles belonging To
said grantee, It's successors or assigns,
or on which any line or lines. wire
or wires Of said grantee, is successors
or assigns shall be stretched or fastened,
the said grantee, is successors or ~.
signs, shall upon receiving ten days
notice from the Cib Of ST Johns, by
is properly constituted authorities. rc.
move such pole or poles. aud II failing,
ncglccting or refusing so TO do. the
said City Of St. Johns. by It's properly
constituted authorities. may remove the
same at the expense of the said grantee.
It's successors or assigns.
See. II, Said grantee. is successors
~ assigns, hereby agrees and covenants
% indemnify and save harmless the Ci'y
of 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
pr assigns, is agents or servants, in
Al. IL 4
privileges hereby granted.
All right. authority aud grants herein
contained or conferred are also cond
toned upon the understanding aud
agreement that these privileges IN the
streets and public places are not 10
operate IN any way as AN enhancement
of the grantees properties or values
OF Ia be AN asset or item of ownership
Ia the appraisal thereof in the event
that said city shall ever acquire by
purchase, any or all OF said grantees
property.
This franchise and grant shall not be |
construed as amy limitations upon the |
City OF ST. Johns through lis proper |
officers 10 grant right, privileges or
authority to other persons or corpora
tions similar 10 or different from those |
herein set forth la the same streets,
alleys or highways,
See ~. IL shall be unlawful fol
any person or persons, unless author.
lied by the grantee. its successors or
Assigns. or by the City of St Johns |
by us properly constituted authorities |
To interfere with, meddle with. injure |
or remove any OF the poles. wires or
conduils or pipes OF any |
instrument light or apparatus
used IN or as part of the electric /
light, heat or power system herein pro
vidcd for, and any person or persons
anv of the provisions of this
section shall. unon conviction thereof
before Municipal Court, be punished hy
a fine Of not less than Five (5l nor
more than One Hundred (Si0O) Dol
lars, or by Imprisonment in the city
Iail not less than three (3l or more
han one hundred (lOOl days, or by
10Th said fine and imprisonment.
Sec ta The rights and privileges
granted BY this OrdinanSe are granted
ipon the conditions herein contained
md upon the following considerations,
o-wit;
First The said grantee shall, within
hirly days, after this Ordinance shall
,e in force file in the office of the
Recorder Of the City Of ST Johns, It's
written acceptance of this Ordinance
,ranted TO and conferred upon said
.rantee, its successors and assigns. sub I
eot 10 all the terms, obligations. restric- ,
ions and provisions in this Ordinance ,
ontained, aud upon the expiration of {
he thirty days time allowed for ac- I
eptanee of this Ordinance, the same c
ot having been accepted uncondition- {
lly this Ordinance shall become wholly |
old, imperative and of no effect, $
Second, The said grantee, its sue
eeSnrs or ASSIGNS hereby consents to /