Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-05-02

power purchase any franchise property of shares In
any other company of like nature.
Ecr1oN 5. The association shall have power mortgage
the franchise hereby conferred other property
the payment of bonds other monetary obligations incurred
the construction of buildings, machinery poles, lines, wr
cables lamps lamp posts conductors eonduits and other appl
ance and the manufacturing and supplying of electricity,
provided by this Act
SEcroS The right hereby granted shall cease and deter
mine if operations hereunder by beginning
the construction of buildings other work for manufacturing
supplying electric for light power by placing
poles and wiring the same constructing conduts and laying
wires therein any the streets or other places the
purpose conducting electric light and power and
shall have actually expended such work less than
five thousand dollars ($5000O0) within year and
the date of the approval of this Act by the Congress of
the United States.
SEoToN TO- If the association shall fail to do or perform
comply with any of the provisions of this Act of the
laws of the Territory of Hawaii, the ordinances of the
County of Kauai the rules promuga under Section Of
this Act and continues to refuse fail to perform comply
Herewith after reasonable notice given by the superintendent
of public works. any proper county municipal officer
board said officer board may with the of the gov
and of the attorney general proceedings be in
ute before appropriate tribunal have the franchise
hereby granted and all rights and privileges hereunder for
feitcd and declared null and void
SECTION H. 1t is hereby expressly provided that nothing
herein contained shall be construed grant the association
exclusive right furnish sell supply electric current for
light and power and said association and the franchise rights
and privileges granted hereby shall be subject in all respects
such law establishing public utility commission and such
other laws of general may be applicable from time
to time electric light and power plants the companies
operating them in the Territory of Hawaii the County of
Kauai its successor.
SECTION r. All property of every kind and nature form
ing used part of such electric SYSTEM including this
franchise shall be exempt from any and all under the
Territory of Hawaii until the expiration of FIVE ( years from
and after the of the construction of buildings
other works for manufacturing and supplying electricity
SEcrroN 49, The association shall within one month after
the expiration each year. file with the treasurer of the County
of Kauai statement showing the gross receipts from the sale
of electric for light and power furnished by during
such year. and shall at the same pay the of
the County Kauai for and behalf of said county, oneha
of per of the gross receipts secured y from all
electric for light power furnished consumers dur
ing the year preceding
SECTION a. That the Territory of Hawaii the County Of
Kauai any political subdivision thereof may any time
after the expiration of twenty years from the date of the
age this Act by the Congress of the United States and upon
proper authority when authorized by the Legislature Of
the Territory of Hawaii acquire by purchase all the property
of the association subject the then existing charges thereon
The be paid the association for such purchase
shall be determined by commission of three PERSONS to
be appointed by the association, it should fail to
do within thirty days after having been requested to do
by the purchaser then by the chief justice of the Supreme
Hawaii by the purchaser and the third by the
appointed they should fail to agree upon the
third member within thirty days. then by said chief justice
any such action by the chief justice be taken only after giving
each party notice and opportunity be heard but such
amount shall in exceed the actual cost the actual
Of the tangible property the actual cost of reproducing
or replacing IL less depreciation and less the charges thereon,
The value Of the franchise good viii any other intangible
element ha NIT be considered determining the
be pad