Mesa free press., 1895-11-15

with any grades which ma De now or hereafter
esta blished by the Common Councii OF the
Incorporated Village OF Mesa City, and that the
space between the rails and for three feet on
each side thereof be placed, kept and MAIN
tanned bv said grantee in good condition and
in conformity with grades 80 established by
any ordin anee of said Village. When at any
time any part of said route shall he graded or
the grade thereof changed or altered the bed OF
the road and the tracks thereof shall be made
to conform, Herewith. Any OF the streets
herein before mentioned that may be entered
upon for any or all oJ the purposes hsrencefore
mentioned sh all be freed from obstructions as
soon as practicable after work begins ami re-
turned when the work ix done, to as good con-
diti N as when entered upon. No switehes,
turu-outs, buildings. barrow-pits. excavations
or anything ctnee tiau the above specified
siny.e or double TRACK railway ana telegraph
or telephone line shall be Quilt or allowed upon
such streets by the grantee herein, except the
privilege of main attaining onen.de track ON said
Third Street, between Shrine and M ,cdonald
Streets. All telephone and te.sSlapa wires
erected upder the provisions Of this ordinances
shall be placed not less than twenty feet above
the ordinary leve! of he street over which they
pass. All posts and poles of wood or on or
other 10 aterial shall be 30 placed o as to cause
as little inconvenience to any one rs possible.
and all work III constructn Ii or r,paAiIs Of every
kind in cannection with thls fl ancjtisa shall at
all times b3 under the control II ,ha Street
Commissioner of said incorporated Village of
Mes. City. The space between tbs inside rails
shall be no moro thaL nins feet II cage OF a
double track No train shall bs run faster
than ten miles an honr under this franchise
on any OF the streets above mentioned.
SEC. s: Provided further aud upon condi-
tion that the grantee or its assigns, before
entering upon such streets under this fran
ch,se shall execute bond with not less than
two good and suf. eient sureties, to be approved
by the said Common Council, payable to the
incorporated Village OF Mesa City, in the sum
of )ne Thousand Dollars, conditioned that the
granite or its assigns will faithfully perform
all things required by this Ordinance. or that
may be hereafter required by ordinance of the
Incor rorated Village of Mesa City in relation
to the condition and grade of streets.
Sec g. And it is further understood that
the Village in making the grant of this fran
chise expressly reserves the right to grade, re-
new, sewer, pave, macadamize, improve, alter
or repair all or either Of said streets or any
part thereof. and to lay down pipes for water,
gas and other purposes, such work to be done
by the Village so as to obstruct or injure said
road as little as possibl but when work makes
the same necessary the owner or owners OF said
road must shift the rails 80 as to avoid the
obstruction made thereby.
SEC. T. IL is further understood that moth
ing herein contained shallb construed to pre-
vent the Common Council from granting fran
chises to other railroad companies or in di-
viduals along or across the streets herein men
toned.
SEC g. Again, it Is further understood that
this franchise is especially granted upon each
and all of the conditions herein contained and
reserved and II said grantee or it's successors
or assigns shall fail in any particular to comply
or with either of them, then and in |
that case all rights to this franchise shall be
thereby forfeited and this grant ehall be null !
and void, and that nothing herein contained |
shall be construed in any manner as granting |
an exclusive franchise
SEC. 8. This Ordinance shall take effect and |
be in force from and after its passage and ap- |
proval, and after ,ts publication for three sue
cessve weeks in the MRsA FREE PRESS, a weekly |
newspaper published in said 1ncoTporated Vii
lage of Mesa City. The grantee shall, before
the publication of this Ordinance, deposit
sufficient amount with the Village Recorder to
payfor me ranscribng and publication thereof.
Passed by the Common Council OF the Incor-
porated village of Mesa City this 17th Gay CT
June, 1896.
Approved this l7th day OF June, A D 1896
W. Lebanon. Mayori
Attest: j. H. PoMERoY,
Village Recorder and Ex-Ofieie
Clerk Of said Common Council