Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1883-02-14
NO. 80.

An ordinance to authorize the construction
and operation Of Street Railways in the streets Of
SECTION !. There is hereby given and granted
erich W: H. Merriek. F. G. Dorr, R: Q: Hail.
| Davidson, and M. NJ. Trowbridge or such of them
| as shall accept and comply with the terms here
Of, together with such other persons as shall
several heirs. executors administrators, success
ors and assigns the exclusive right, permission
and authority to establish and lay out line OF
| railway with single or double track and all the
necessary and Convenient tracks or turn out,
side-tracks and switches in and along any or all
of the streets and bridges which now are or here
present or future limits Of the city Of Austin, and
to keep maintain, and use said line or lines, and
each and all of them, and to operate thereon
ana IN the manner ana upon eae
| Provided, however, that in all instances the
tracks of the several lines shall be laid in the
central portion of the streets.
Sec. 2. The carriages used therein shall be OF
the best style with all the modern improvements
Sec. s. The city may determine the rate Of
railways and that determination where SO fixed
| or established the said parties shall conform to.
Provided always that the city shall not require
said railroad company to run any rail-car OF
carriage at any time or in any manner when the
ordinary demand for passage in the same would
not be sufficient to remunerate the said company
for running the same: AND provided tnrth v
that said city authorities shall not restrict the
running of such numbers of cars or carriages as
said company may think proper.
Sec !. The said railways are to be constructed
be established and constructed by ana for all the
streets of the city which said grade shall not
during the continuance of said railways, be
altered or changed at the cost or to the damage
of said company. Provided, however, that il
said parties their associates, successors, or as
signs. shall desire to lay a track or tracks upol
any street not then graded, they shall have the
right to do SO, by making the necessary grade fol
such tracks at their own expense.
Sec s. The track Of SAID railways shall not bt
elevated above the surface Of the s street. an nc
improved rail as may be preterred) and shall bt
so laid that carriages and vehicles can easily anC
freely cross said tracks at any and "a points
Sec. 6. The rate of fare for any distance with
in the city on any one line Of said railways Shall
not exceed seven cents for each and every pass
cars or carriages shall be chartered for specified
purposes, but before any car or carriage shall b
used or operated on said lines or routes licens'
carriage Shall be paid to said city be obtained
in the same manner as regulated by ordinance
respecting hacks in said city, and any officer
conductor, or driver who shall operate or cause
to be driven or operated upon either Of sale
lines of railway any car or carriage unless tn
same shall be first duly licensed as herein pro
vided, shall be punished by tine OF not les
Provided. however, that when the same car Of
carriage travelses two or more streets or lines
there shall be but one fare for the whole dis
lance so traversed; and provided, further: that
after three years from the construction of any o
said lines Of railway it shall be found that tn
net earnings of such line are sufficient to pa!
eauipping and maintaining the same the council
| shall have authority to reduce the fare on such
line, but not in any event below the SUM Of tiv
Co Tho r;oh%s and nr;vileres hereh,
granted shall be forfeited to said city unless Their
be constructed and equipped for business at leas
one-half mile Of railway on one Or more OF sal.
lines on or before the 31st day of December, 1886
Sec. 8. II the said parties accepting the pro
visions hereof, their associates, successors, o
assigns, shall hereafter become Incorporated o
| ACQUIRE corporate or chartered rights under O
by virtue Of any general law or special act Of tn
legislature, with a view to the exercise and en-
joyment hereunder of the rights and privileges
and p2iSiieges shall extend to and vest in saci
corporation upon the terms and conditions here
in prescribed, and when such parties shall be be
porate or chartered right. such corporation shall
thenceforth have and enjoy in It's corporate nam
and capacity all the rights and privileges hereb!
grantee as H tSe OF salG
Sec. 9. The said parties, their associates, sue
cessors and assigns, shall be entitled to enjoy al
the rights ana Leg hereby gsan 1s amt
and in the manner hereinafter provided, DUR
chase the said railway and all the stock ant
property pert lining thereto and used IN con
! nection Herewith within six months after tn
expiration of twenty years from the passage o
this ordinance, or within six months after thu
expiration OF each succeeding ten years there
| after The Common Council shall have the RICH
by ordinance to purchase said railways, depot
backgrounds, station grounds. station houses
carriages, cars, horses animals, harnesses equi
! pages furniture and implements Of every kind
name and description used in the construction
| or operation of said railways or appurtenances
together with all corporate rights or franchise
DC s
to be ascertained as follows: Upon the passag'
of said ordinance for said purchase, the Common
Council shall by resolution App appoint three com
so to be purchased, and notify the parties O.
company then owning said property, thereof
And thereupon said last PANIED parties or com
sioners for the same purpose, and the six thu
appointed shall proceed and appraise all Of tn
said property atits fair cash value, and In cas-
Of said property, they, OF q majority Of them
shall appoint some one suitable disinterestet
person to appraise such property 40 the said com
missioners shall he made in writing within thfrt
, days after their appointment by the delivery o
copy thereof to each ct the Parties to said puE
commissioners to act, his place may be supplies
by the party by whom he was appointed With
in ninety days from the making of the report Q
proper parties the sum at which said propert
shall be 80 appraised. and thereupon all Of sal
property shalt DO turned over to and vest in sal
Sec. 10. Each one or more of sand lines ma!
have separate ana distinct organization.
Sec. II. The parties named In the first sectto
thu or s1cn q as
into an agreement to be signed by them and tn
Mayor and attested by the Recorder Of said cit,