The Daily Alaska empire., 1932-04-02

their heirs, executors, adminlStrat- ors and assigns, upon acceptance hereof and commencement of eith- CT construction or operations here under, shall be deemed to be a public service plant, undertaking or institution, provided, however, that they shall not be required by virtue hereof to furnish steam heat to any person within said city, whose building or other structure is so situated therein that for good and sufficient cause the furnishing of steam heat thereto cannot be req sonably done without economic loss to them. tI
 Section 5. This Ordinance shall become forfeited, null and void: efirst) upon the failure by said J. A. Bulger or H. J Eberhart. their heirs, executors, administrat- ors and assigns, to file their writ ten acceptance hereof with the City Clerk within three days after the ratification hereof by the electors of said municipality and within three years thereafter to install said steam heating plant and com mence the rendition of the service herein contemplated; and (seconO upon their failure to perform the conditions hereof or their violation for period of 10 days continuously of any provision hereof; and, in either or said events, the Com mon Council shall have the right to declare the forfeiture and annul- ment hereof, without any damage or penalty thereby arising against or being incurred by the City of Juneau, Alaska, and, upon the Common Council declaring such for feiture and annulment, the said J. A. Bulger and H. J. Eberhart, their heirs, executors, administrators and assigns, shall immediately cease conducting and operating in said City a steam heating service pub lie utility plant, undertaking or in- stitution, and, within ninety, (90) days after such forfeiture and an- nument shall. at their own cost, re- move all tanks, pipes, mains, con- duits, wires, plants, structures, para phernalia, equipment and appur- tenances from the streets. alleys, squares and public ways of said City and restore said streets, all leys and public ways to their nor mai and usual condition, and upon their failure so to do, the City of Juneau may do so and, in such event, the City of Juneau shall have a lien,. for the costs and ex- penses incurred by it in making said removal and in restoring said streets, alleys, squares and public ways to their normal and usual condition, against all of said plants, pipes, tanks. mains, conduits, wires, structures, paraphernalia, equip ment and appurtenances, as well as all other property, situated in Juneau, Alaska, of the then hold CTS of this franchise.
 Section 6. This franchise shall become valid and effective when the same shall have been sub mitted to the qualified electors of the City of Juneau, Alaska, and when at least 55% of the votes cast at the municipal election or any election held for such purpose shall be in favor of such franchise; provided, that at least thirty (30) days notice shall be given thereof in the same manner as is provided for notice of annual municipal elec- tions, which notice shall specify therein the purpose of calling such election; and the ratification of this franchise shall be submitted to the qualified electors of the City of Juneau, Alaska, at the an nual election to be held on the 18th day of April, 1882.
 Section T. The said J. A. Bulger and H. J. Eberhart, at their option, are hereby granted the right and authority to transfer and assign this franchise, subject to all of the provisions thereof, to a cor poration to be organized by them for the purpose of taking over said franchise from them and of per- forming and carrying out the ob- jects granted to them by this franchise.
 Section 8. This ordinance shall be published in The Daily Alaska Empire, a newspaper of general cir lculation published in the City of Juneau, Alaska, once a week for one successive week, and shall take effect from and after it's ratifica- tion by the qualified electors of the City of Juneau, Alaska, as provided in Section 6 hereof, and when the result of said election has been canvassed by the Con- mon Council and declared and cer- tifted in the manner provided by law.
 Passed and approved by the Con- mon Council of the City of Ju- neau, Alaska, this 4th day of March 1882.
 T. J. HUDSON,
 Mayor. Attest:
 H. R. SHEPARD,