St. Johns review. (Saint Johns, Or.) 1904-current, 1912-07-26


any other business connected with its
or their corporate purposes, and to
transmit electrical energy on and over
such wires and cables and any thereof,
aud the further franchise, right and
| privilege TO stretch over. along and
across said part of said Dawson Street
all such guy wires, span wires, feed
wires and other wires and cables as
may be necessary and convenient to be
used by the Railway Company, its
successors or assigns, in connection
with its or their line of railway or
street railway in said part of said
Dawson Street and in connection with
its or their light, power and heat.
| ing business or any other business con
nected with its or their corporate pur.
| poses; and all of said wires and ca.
bles may be stretched along said poles
and from or to said poles as may be de.
sirable and convenient for the corpor.
ate purposes of the Railway Company,
It's successors or assigns, both in the
operation of public utilities carried on
by it or them and in the supply Of
electrical energy to private consumers.
and the further franchise. right and
| privilege TO transmit electrical energy
on and over such wires and cables and
any thereof.
Section 2. In ease any street or por
| tion of street be abandoned by the
| Railway Company, its SUCCESSORS or as.
signs, during the life of this franchise,
then that portion Of the franchise un.
der which said street or part Of the
street 20 abandoned was used by the
Railway Company, its successors or as.
signs, shall thereafter be null and void
and shall be forfeited without any fur.
ther action on the part of the city.
Section 3. The Railway Company
its successors and assigns. shall (sub.
icct TO the other provisions of this
franchise, and 10 the rights and privi.
lcgcs herein granted TO the Railway
Company, It's successors or assigns).
maintain It's poles and wires. In con.
tinuous good order and repair through.
out the entire term Of the franchise
granted by this ordinance. and shall
render efficient service during the On.
tire term of this franchise. and " said !
Railway Company shall fail 20 40 main. |
tain its poles and wires. OF 90 render |
efficient service. after reasonable no. |
ticc from the Council, the Council may |
forfeit this franchise aud all rights |
aud privileges granted Hereunder.
Section 4. The Railway Company |
agrees and promises for itself its sue
rcssors aud assigns, 10 pay 10 the City |
OF -. Johns as compensation for this |
grant or franchise by said City Of ST. |
Iohns the following sums Of money |
IN time and manner as follows One
dollar (RlOO) per annum, payable on |
the first day Of July of each aud every |
year during the continuance OF this
franchise.
Section 3. AZ the expiration Of the
time or period for which this franchise
Is granted. the City of ~. Johns Mt |
its election aud upon the payment |
therefor OF fair valuation thereof,
ns In this section provided, may pur.
chase aud take over 20 itself the prop.
crty and plant In It's entirety Of the
Railway Company. H. successors or M.
signs, which may bc constructed by IL
or them under authority Of this ordi
nance, and which may bo situated In.
on, above or under the streets and pub,
lie places particularly mentioned In
section I Of this ordinance. aud used
IN connection Herewith (hut not In.
Guiding any railways or street railways,
or any track, tracks. connection, connec.
tions, lines, systcms. property or plant
Of the Railway Company, It's successors
or assigns, or any other corporation or
corporations, other than such as may
be constructed under authority Of this
ordinance), aud on. In, above or under
the streets and public places partieu.
lnrly mentioned In Section ! Of this
ordinance. hut ia no case shall the
value of this franchise Of the Railway
Company, its successors or assigns, be
considered or taken into account In
fixing such valuation.
The price or valuation 20 be paid hy
the city of st. Johns for said plant
aud property shall be fixed aud de.
tcrmincd by three arhitrators, one ap,
pointed hy the Council of the city,
another appointed by the Railway Com,
pany, its successors or assigns, and the
third appointed by the two so chosen,
aud the decision in writing of said
three arhitritOrs, or a majority Of them,
made in duplicate and signed by them,
one delivered TO the Mayor of the City
and the other 20 the Railway Company, ,
It's successors or assigns, shall be final
and binding upon the parties, and said ,
price and valuation shall be paid 10 the
Railroad Company, its successors or as, ,
= gus, before the Railway Company, its !
successors or assigns, shall be deprived I
ot the possession of said plant aud I
property and upon the payment by the a
.itN 10 the Railway Company, its sue /
rcssors or assigns, of such price and
valuation so determined as aforesaid 4
said plant aud property so valued, pur- a
chased aud paid for shall become the q
property of the City of St Johns by O
Virtue hereof aud payment therefor, y
as aforesaid, and without the execution Z
IT any instrument of conveyance.
should the Railway Company, its sue,
'essors or assigns, fail, neglect or re y
.use for reasonable time, after the !.
.ltY is 50 authorized 20 and before il :
hall purchase and take over said plant !,
.ud property aud after notice TO that y
fleet from the city 60 select an arhi- !,
ratoE, or should said Council so fail 10 n
elect an arbitrator, or in ease the two 2,
rhitrators chosen hy the Council aud OF
Hallway Company, its successors or as II
igns, neglect for a reasonable time
tter their appointment to select in
bird arbitrator, then and in either of d,
aid eases the Governor of the State II
{ Oregon shall appoint arbtrators 10
i'll the vacancies caused by the failure II
{ the Railway Company or by the m
ouncil OF by the two arbitrators first
hosen 10 select third arbitrator as DC
hove provided, and the decision of 10
,id three arbitrators OF a majority of "a
hem 50 chosen by the Railway Com eN
any, the Council OF appointed by the u ~
overnor made in writing in duplicate 81, 80
MI delivered 10 the parties as afore- -
id shall be final and binding upon 70
e parties