Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-01-16

u
also be built over Mccall street, and suffi
GENTLY elevated to allow the free passag
Of loaded drays. raS
10. 1t is agreed and understood by tn
parties to this contract that the privilege
herein granted by the City of Memphis
to the said Railroad Company are on thI
express condition that the said Railroad
Company, or its assigns, shall never max,
any discrimination in local freight anC
passenger tariffs against the business o.
Memphis or its citizens.
IL. Waste materials from excavations OF
buildings shall be so disposed as not L
lnjure or obstruct public or private prop
erty.
u. The main track Of SAID road between
Union and Jefferson streets shall be loca-
ted as near to the foot of the bluffs as DOS
slble, and in case the river front west OF
this part of the road shall be encroached
upon by the river so as to control the area
OF the present paved landing, the said
Railroad Company shall remove and relay
its tracks farther eastward; that is, nearer
to the west line Of Front street, when re-
quired TO do SO by the city.
10. Trains of cars shall not be run at in
tervals Of less than thirty (30) minutes.
nor shall they stop anywhere on said main
or branch track, except to prevent acci-
dents or to load or unload at the proposed
elevator N
"a. The said Railroad Company shall
within four (4) months after connection
With the track of the Memphis and
Charleston Railroad Company, grade and
pave with good stone pavement and
thereafter keep in repair the entire car
rlage way of Tennessee street, from the
point where the track of said Mississippi
and Tennessee Railroad Company strikes
said Tennessee street, north to the north
side of Vance street, and said Railroad
Company shall pave with stone the entire
carriage way Of Tennessee street from
Vance street north to Beal street. wher-
ever the city shall establish permanent
grade for and grade said portion of said
street. The said Railroad Company shall
pave or plank the remaining portions;
that IS, those not above referred to. of the
streets and intersections thereof that are
actually occupied by its track and two
feet outside thereof, and shall keen the
same in repair. The said Railroad Com
pany also agree to make and keep proper
approaches for the convenient crossing of
the track by vehicles at the intersection
Of Linden and Pontotoc streets with Ten
nessee street, and shall pave or plank its
track at such crossings SO that vehicles
may conveniently cross the sano
10. The said Railroad Company agrees
to keep all the grounds and premises oc-
cupied by them free from all manner of
nuisance and in suitable repair, and are 10
do all the work and make all the improve
ments that are or may become necessary
upon any portion of the said premises and
every part thereof. They shall not change
the grades OF any streets or public grounds
without the previous consent of the Gen.
eral Council, and the city Of Memphis is
not TO be called upon TO make any ex-
penditures nor to do any work thereon on
account thereof The said Railroad COM
pany is to indemnify and save the oitv q,
Memphis harmless from and against ali
losses of every description, and all claims
ana damages pccasloned, either directly
OF indirectly, or to accrue to or against the
city from or on account Of the privileges
hereby granted OF the exercise of the
same, or nom the occupation of the said
premises by the said Railroad Comnanv
or any one under their authrity or per-
mission, or from their use of the same bv
others under them. y
10. 1t is expressly agreed bv the nartie.
to this contract that other railroad Comma
nies shall have the. right to make use Of
the said Union Passenger and Freight
railroad, and all the promises and bufid-
Ihgs belonging thereto upon a pro rata
payment OF the value thereof at the time
such use may commence, such value To he
ascertaned and awarded by three disin-
terested persons, one TO be named bv said
city, one by said rallFOad company. and
these two 70 choose third person. In
case the railroad company fail to desig-
nate q referee within five days after the
city shall have named one, then the ref
cree named by the city shall have power
to act alone and such other railroad COM
panies, upon tho payment or tender of the
sum so awarded, shall become at onne
vested with all the rights of tho RAILROAD
company herein named,
II. IT Is further agreed on the part of
said railroad company that it will. upun
demand Of the city by resolution of the
general council, subscribe and nav Ave
thousand $4,000 dollars TO the canjtal
stock OF Joint stock company that i
proposed to be organized for the purpose
Of building an elevator al ornear the foot
Of Washington street, the same proposed
elevator 10 which the Memphis ana
Charleston Railroad Company. bv the CON
trsct allowing it to lay a track through
w washington street, agrees to subscribe
nfteen thousand lSl5,0O0) dollars; but il
IS agreed and understood that the general
council may BY resolution designate any
otnef elevator company to which such
OF stock shall be made and
paid provided, the eleystor be located at |
'ome point on tho river front within the !
'ity limits and north of Beal street.
l8. For failure to complete tho work in /!
welve months from this date. the nrivi- |
eges herein granted shall become. IPso
'AcTo, forfeited, and for violations of the |
agreement not to discriminate against |
Memphis as to the transportation of freight
md passengers, there shall be forfeitIIre |
II the privileges herein granted and the |
PROVISIONS OF this section shall also applv |
Q section bofthis contract, and violation |
4 the stlpulations ofsaid sixth section. or
NY sections Of this contract. shall 1aso
'AcTo be forfeiture Of this Contract snd
is further understood that the Railroad |
company shall make such adjustment of |
ne pavement OF surface Of the street or
'ublic ground as may be made necessary
y the track crossing the same az grads |
nd that the city engineer shall deter,
nine the necessity and extent OF such ad-
lstmept The Railroad Company shall !
eep all crossings in good condition md
lake them on the public grc.nd where.
yer they may be reGV;iyd from Tina to
me by the, oisyi and the provisions Of
lia section shall also apply to section 6 Of
1is centract, and a violation of tbess stin-
lations and said geeiion and any Of tbe
ther sections Of this contract, shall ypso
A0Fo pc a forfeiture of this contract
Inc foregoing contract was pre-
ared oy and under tho supervision Of the
layor,thes city engineer, and the city attor-
ey,, 70 ,whem the matter was referred for
no drAhlng Of the contract.
\. I. WALKER, City Attorney.
r. FLIPPIN, Mayor.
J.H. HUMPHREYS ActgChyAtt'v.
The foregoing form Of contract was or.
cred published by she general council, one