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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Nov. 18, 1916)
PAGE FOUR LA GRANDE EVENING OBSERVER SATURDAY, NOVEMBER 18, 191G. mi UCS' ANNUAL First and Second Prizes will be awarded to the Ladies and Gentlemen that have the most of Elks' Stage Money at the end of Show. Prizes will be awarded at 11 P. M. Saturday Night. Prizes are now on Display at Peare & Sun's and J. G. Snodgrass SHOW Last Time Tonight Elk's Old Building ENEFIT ELKS' XMAS TREE Everybody Welcome Everybody Come -NOTICE OF PROPOSED FRANCHISE. Notice is hereby given to nil con- terned thnt the proponed ordinance granting to La Grande Gas Company a franchise by the City of La Grande to construct, rnuintain and operate in said city a plant for the manufacture and distribution of gas and to sell gas for domestic and other purposes has been amended and that such Or dinance will go before the Commission of the City of Ia Grande for final action on the 13th day of December, 1911!, at the Commission Room in the City of La Grande, Oregon at 7:30 o'clock P. M. A copy of such pro posed Oidinance as amended is pub lished herewith. By order of the Council. LEE WARNICK. Recorder of the City of La Grande Oregon. AX . ORDINANCE GRANTING TO LA GRANDE GAS COMPANY. A CORPORATION, ITS SUCCES SORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, ACQUIRE. OWN MAINTAIN. CONDUCT AND OPE RATE WITHIN THE CORPORATE LIMITS OK THE CITY OK LA GRANDE, OREGON. A PLANT OR PLANTS FOR THE MANUFAC TURE AND DISTRIBUTION OF GAS AND TO SELL GAS FOR DO MESTIC AND OTHER PURPOSES AND TO LAY PIPES AND MAINS FOR THE PURPOSE OF CONDUC TING AND DISTRIBUTING SAID GAS THROUGH. IN AND OVER SAID CITY. THE CITY OF LA GRANDE DDKS ORDAIN AS FOLLOWS: Section 1. Upon and subject to the conditions hereinafter set out, there is hereby granted to La Grande Gas Company, a Corporation organized under the laws of the State of Ore gon, and having its principal office and place of business at La Grande. Oregon and to its sure esoi s and as signs, the franchise, riirht and privi lege to acquire, own, maintain, con duct and operate within the roi por ate limits of the City of La Grande. Oregon, plants and woiks for the man ufacture of gas for domestic, manu facturing and other purposes ami to furni.-h, provide and sell such quanti ties of gas as may be required in the City of La Grande for lighting streets, stores and private buildings and other places of any and all descriptions, or other purposes and to construct, ope rate ami maintain a gas pipe line system and mains with all necessary feeds and service pipes in connection therewith, in, along, upon and under all sheets, highways, avenues, lanes, alleys, public squares and public plac es including bridges within the cor porate limits of the said City of La Grande. Section 2. The work of constructing erec ting and installing a plant and works and the laying of said gas pipe system and mains for the conducting and distribution of gas in and through said City of La Grande under the franchise and right granted in this Ordinance shall begin within six months from the date of the accept ance of this franchise by the said 1 41 Grande Gas Company, its succes sors or assigns, unless the same be delayed by judicial action or causes not within the power of the grantee to obviate or remedy, provided, how ever, thnt the plant or works for the manufacture of gas under the fran chise granted in this Ordinance must in any event be commenced in good faith with the intention of completing the same within one year from the date of the acceptance of the fran chise herein granted by the grantee unless the construetidn of said works be still suspended by judicial action. Section 3. Neither the said La Grande Gas Company nor its successors or assigns shall, during the life of this franchise, charge or demand from the consum ers of gas hereunder more than one dollar and fifty cents . ($1.50) per thousand cubic feet. Section 4. The franchise granted and confc red upon the said La Grande Gas Com-j Section S, puny, its successors and assigns ny j, nmi unoer mis vrninancc, is lor uie term of 10 years from the date this Ordinance becomes of force, and no longer, unless further extended bv the City of Ln Grande. The City of La Grande retains the power to revise or cancel this franchise at the end of ten years fiom the date of acceptance and to readjust 'the rate of payment to the City by the Corporation. Section 5. The said La Grande Gas Company, its successors and assigns shall re pave, reconstruct and repair and oth erwise keep in good condition when ever directed by the Commission of the City of La Grande and in such manner as the Municipal Authorities may direct, those portions of the streets, alliys or other public places in, idling and under which it or. they shall, under this Ordinance, lay or place gas pipes or mains; provided, however, that this Section shall not be so construed as to require said La Grande Gas Company, its successors were specifically set out and embodied herein, and subject also to the furth er conditions set out in this Ordi nance which are not contained in such Charter. Section 7. So far as shall be necessary or deemed expedient, in order to carry out and enforce the terms and con ditions of the franchise given under this Ordinance and for enforcing the payment of the compensation therein provided for, the Commission shall have power to investigate from time to time the affairs, business and prop erty of the grantee, its successor or assigns of such franchise within the City of La Grande and for that pur pose, it has the right to compel the attendance of witnesses and the production of books, papers and rec ords before the Commission and of entry in person or by authorized ag ent upon any premises or place of the grantee of such franchise, or its successors or assigns and the Com mission of the City of La Grande has the right, by Resolution or other wise, and by and through the Man ager of said City to control the plan of location of gas mains, pipes and plants to be laid or constructed with- i in said city by the holder or ope rator under such franchise. grantee of the franchise granted and given, by this Ordinance, its successors, and assigns shall at all times keep full and correct books and accounts and make in writing to the Commission of the City of I Grande, quarterly reports verified by some officer of the Corporation, con taining an accurate statement in sum marized form, as well as in detail, cf all gross receipts from all sources de rived from the operation of said fran chise by said corporation or the holder of or operator under said franchise and also of all expenditures made in connection with the operation thereof. Such reports shall le made public and a summary thereof shad be printed as a part of the annual report of the Re corder of the City of La Grande, and the Commission of said City may a', all reasonable hours inspect or ex amine or cause to be inspect? 1 or ex amined any and all books of r.ecount of receipts or earnings derived from Hill IJIIIV, i,3 riUVU'Wl.-i " - . , - .. o make new permanent ! ' operation of ai.l frnnchiw wtth ,..(o i,i ,iv t , I in the City of La Grande. Reports or assigns t street improvements but only to re quire the streets and other public places where gas pipes or mains shall lie laid to bo properly replaced and repaired after they have been torn up for the purpose of said La Grande Gas Company, its successors and as signs. Se.'tion fi. The franchise and rights and privi leges granted under this Ordinance shall be made m aecordancj with forms and methods prescribed by the Commission, and so far as practi cable, shall conform to such reports as are required by State or Federal Utility Commissions in like cases,! Section f. Every failure or neglect on the part of tho grnnteo or holder of or opera tor under the frnnrhise in this Ordi- are granted subject to nil the terms, i nance granted, to keep proper books provisions, and conditions contained of account of earnings and receipts in the Charter of ne City of La or to make teports us required by this Grande, Oregon applicable thereto and Ordinence or the Charter of the City in tho same manner nnd to the same of La Grande shall be deemed an of extent as though each and every of fensc and the Commission may by Or suid torma, provisions and condition finance provide for the punishment of every such violation, fault or ne glect by fine or imprisonment or both of the persons or peisons whose duty ir. shall be to keep such books of ac- ccunt or make such reports. Section 10. 1 The Commission rhall have power to make all orders, rules and regula tions necessary or appropriate to car ry into effect the powers granted by this Ordinance and to make the same effective by penalties and forfeiture and upon failure of the grantee of such franchise or the owner or holder or operator thereof to comply with any of the requirements of this Ordi nance or of the Charter of the City of La Grande pertaining to such fran chise, for a period of thirty days, the Commission has the power to declare by Ordinance a forfeiture of the fran chise herein granted, and every such order, rule or regulation of the Com mission shall take effect at a time to be therein specified, and shall con tinue in force until modified or abro gated by the Commission or modili?d,' suspended or set aside by tho decree or judgment of a court of competent jurisdiction and whenever the grantee of such franchise or person against whom any rule or regulation is di rected s provided by this Ordinance or the Charter of the City of La Grande, shall believe such order to be unjust or unreasonable, he or it may test its justice or unreasonableneis by an appropriate action in the Courts commenced within 30 days after ser vice of any such rule, order or regu lation, and in such action such order may be entered in the premises as may be warranted by the facts de veloped upon the trial nnd the law applicable thereto. Section 11. The franchise granted by this Or dinance shall be taken and deemed as property, and shall be subject to tax ation as property. Section 12. .For the franchise herein granted.the grantee shall pay to the City of La Grande the sum of $.... , such sum to be paid at the beginning of each year. Section 13. Work under the franchise herein granted shall be commenced within G months after the acceptance of such franchise and the estimated total cost of such work is $.r5.000.00. nnd the amount to be expended yatvly in such work is not less than the sum of 510,000.00 for 5 years. Section 14. Neither the franchise granted by this Ordinnncc nor any right or privi lege thereunder shall be sublet or as signed or be leased, sold or transfer red without the Consent ofthe Citv of Ln Grande expressed by Ordi nance, which Ordinance shall be sub ject, ns other Ordinances, to the Ref erendum,' and any sale, transfer, lease or sublease of the said franchise or any right or privilege thereunder shall, at the option of the City of La Grande void nnd annul the franchise granted in this Ordinance. Section 15. In addition to the conditions above in this Ordinance set out, the fran- ! chise and rights and privileges by l this Ordinance granted are granted I subject to the following conditions turn restricLions; (a) The City may in any lawful j manner and upon the payment of a lair valuation lawfully ascertained, purchase, condemn, acquire, take over and hold the property and plant of the grantee, its successors or assigns, in whole or in part if such purchase or taking over be at the expiration of the terms of the franchise a3 in. this Ordinance specified, such valuation shall not include any sum for the value of the franchse or grant under which such plant and property is be ing operated. (b) Upon payment by the City of La Grande of a fair valuation as above stated, the plant and property so acquired shall become the property of the City without formal execution of any instrument of conveyance, pro vided, however the City may, at its option, compel the execution to it of an instrument of transfer and con veyance. (c) Upon the acquisition of such plant or property the right of the holder of such franchise shall cease and determine, and the acquisition by the City of any such property or plant shall operate to divest the hold--er of such franchise of all right, title and interest therein. (d) In addition to the compensa tion herein before in this Ordinance provided to be paid, the grantee of the franchise, and rights by this Or dinance granted, and its successor and assigns shall pay annually to the City a per centum of the gross annual re ceipts fiom the operation within the City of La Grande of such franchise, rights nnd privileges and the payment thereof shall not be held to exempt and shall not exempt the holder of such franchise, rights or privileges from any i lawful taxation of its property nor for 1 any license charged or imposition not levied on account of such use and such payment shall be made as fol lows: For the first three years of the operation of such franchise from the time of the acceptance thereof the percentage of gross receipts paid shall be nothing and for the next 7 years thereafter 3 per cent per an num of the gross receipts,, payment to be made at the end of each year. (e) The franchise by this Ordi nance granted and all things con structed thereunder or used in con nection therewith, other than rolling stock nnd power, shall be subject to common use by nny person or corpo ration, including the City, operating a similar public utility whenever it shall be advantageous to the public upon payment or tender of fair com pensation for such use. The comneii sation for the franchise herein grant ed shall be paynble only to the City nnd not to the holder of the original franchise. The Commission shall have the power to determine what is a fair compensation and to regulate the man ner of such use subject to judicial review, but no judicial proceeding shall suspend or postpone such '?se if the nerson or enrnnrnt.inn Heqirin such common use shall deposit in the Court such sum as the Court on a preliminary hearing may determine. Such compensation shall not include any remuneration for the franchise or rights conferred by the City except that the new user may be requirel to pay a rateable part of any tax or public charge imposed upon the orig inal grantee by reason of such frii chisc in addition to such other pay ment to the City as the Commission may deem equitable. Daily 11 18-lt. Dairyman's Success In every business the unit is the key that must unlock the first doors of success. Let us see what this means. The dairyman who has mastered the handling of one cow has passed thrcugh tho first essential stage of successful dairying. If he can't make good with one he has no sure ground for hope for making good with ten or with fifty. He must know one cow thoroughly or he can never know fifty. If he would fail with one his failure would be fifty times as great with fifty. It is so with a whole field. The unit is at the basis of every business. The Up-to-the Times Magazine, Walla Walla. Our Want Ads brine results. Last Week to Buy Bulb All bulbs unsold this week will be planted out at the greenhouses. 'BUY NOW La Grande Se?d & Floral Co. Foley Hotel Building.
