The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1901-12-13
ROMANCE NO. az

JAMES "A. JOHNSON,
245otlo244ll Judge of Probate.
ORDINANCE NO. az ELECTRIC RAIL
" WAY ORDlNANCE.-An ordinance granting
TO w ii. Patterson as Trustee for the Grand Rapids
and Benton HarboT Traction Company, authority,
permission and license. TO construct, own and
maintain street railway and interurban line over
and upon and along the streets in the village of
Paw Paw, Michigan,
Section 1. BE il ordained by the Common
Council of the village of Paw Paw that permission
authority and license be, and the same is hereby
gwen aud granted TO w. III. Patterson, Trustee
as aforesaid, his successors and assigns to erect
construct, own and maintain and operate a stand
ard gauge, single or double track street railway
and interurban line with the necessary turn outs,
sidetTacks and switches, over and upon the streets
and avenues of said village, subject 10 the provi-
sions and conditions hereinafter set forth in this
ordinance, viz:
Commencing at the north limits of said village
on Kalamazoo street. thence south on Kalamazoo
street. 10 Main street thence west on Main street
TO the west corporation line OF said village.
Section 2. Said grantee, or his successors or
assigns, shall have the right to erect construct
and use all mechanical and electrical appliances
necessary and suitable for the operation OF said
railway.
Section 3. The track Of said railway shall be a
single or double line track laid OF constructed in
tee center OF the street or streets that grantee
shall occupy. The rails used in the construction
of said track shall be standard steel 1 rails,
weighing not less than sixty 6O) pounds to the
yard. Said track shall be so constructed and
maintained as MOTTO interfere with or obstruct the
free use OF the street OF streets by the general
public beyond the extent reasonably necessary,
and IN all cases said grantee, upon the completion,
change OF repair of its tracks any portion there
OF, shall replace the street used, make the as
good Tor the public II was before such work was
done, said woTkto be done under the direction
and approval Of the village street committee.
Section 4. Said grantee shall so construct and
lay its tracks TO conform TO the established
grade OF the streets used by it, The ties shall be
made OF white or burr OAK, tamarack cedar,
laid sufficient depth below the surface of the
not interfere with said street or streets
and LAID III such manner as not 10 interfere with
the free and safe passage OF vehicles, and said
grantee shall construct and maintain all the
portion OF said streets lying between its rails,
and tor distance OF twelve inches on the outside
OF each rail.
Section s. In case the said grantee his success
assigns shall abandon any street OF part
of street once used by It, 1t shall forthwith put
said street IN as good condition 1t the
time OF ITS abandonment by said grantee said
work 10 be done under the supervision OF the
village street committee, and TO tile approval OF
the village council.
Section 3. The cars of said railway shall be
entitled TO the track against all vehicles and per
sons whatsoever, except that funeral professions
and tTe department snail have preference sand
grantee Any person witully obstructIng the tracks
of said railway shall be liable TO a hue OF not ex-
ceedlng nVe dollars or Imprisonment IN the county
Jail for period not exceeding ten days, upon con
viCtion thereof before any Justice OF the Peace
of the village wherein such offence committed.
Section I. said grantee, his successors and
assigns, shall set its poles tor strngng the cross
suspension wires practicable to the
curD line on the outer edge of the lawn and in such
manner as not TO interfere with the curb stones.
1t may use cedar or spruce poles peeled and paint
ed OF uniform height ana all Cross-suspensIon
wires shall be suspended not less than eighteen
feet above the surface OF the rails
Section 8. Said grantee, his successors and
assigns, shall equip its lines with modern cars
provided with proper appliances for operating
the same SO as TO provide Gor the safety and com
tort OF ITS passengers and keep and maintain all
such property IN good and sale condition.
Section y. Said grantee, ms successors or
assigns, shall have the right 10 transport over ITS
railway, United States mail, express packages
and artIcles.ot merchandise and freight, as well
the right TO carry ana transport passengers, and
receive compensation therefor.
Section 10 Sand grantee may make all reason
able rules and regulations TO govern its business
and II shall be lawful Tor any conductor or other
employee TO eject from the car, cars any person
violating the rules OF the company OF actng in a
rude lnsoient OF disorderly manner IN or about
SAID cars
one continuous fare Tor one passenger, within the
limits OF SAID village, an amount exceeding the
sum OF hve cents, and the cars of SAID grantee
shall stop the Tar crossing OF any street. on
signal. 10 receive OF discharge passengers.
SeCtIonI2 The grantee snail, within two weeks
from the date of the passage OF this ordinance,
file win the clerk OF SAID village written accept
ance OF the same.
Section -. The gifts franchises and privileges
herein granted shall continue tor Perold OF thirty
years from the date of the passage OF this ordi-
nance.
Section Il. 1t is further provided that unless
work the construction OF said railway shall be
commenced by September /, 1909, anu the line
completed and In operation by september a, 1908,
then this franchise shall be forfeited and there
upon become null and void, provided that delays
during construction period, caused by strikes,
njunctions or unavoidable delays, shall not be
considered part OF the time named within this
franchise
Section IS. 1t is further ordained that said
ora a ~
struCton of the road-bed of said railway within
SAID village, necessary shall be taken not to
interfere with the methods in use In the drainage
OF streets, and the village street commissioners is
hereby authorized TO enforce this provision.
Section 10. The right is hereby reserved to the
SAID village of Paw Paw, to make such other rea-
sonabie regulations concerning the operation OF
said railway within said village as may be deemed
necessary tor the safety and accommodation OF
the pubIc except the regulations of rates 10 be
charged for carrying passengers, freight and ex-
press matter.
Section ~ 1t is further ordained that said
grantee, his successors assigns shall indemnify
and save harmless said village OF Paw Paw, from
any damages or costs which may be adludged by
process of law against said village because OF in
jury OF persons OF property growing out OF the
granting of this franchise and by virtue of the
operation of said railway hereunder. Ii is how
ever, stipulated by said company that If at any
time such injury IS claimed or action tor damages
be commenced as aforesaid, prompt notice thereof
shall be given to the president of said railway by
properly registered letter in the United States
mail, and at its option said company is hereby
authorized to either take charge OF or assist III
the making of proper defense TO said action.
Section rs. Policemen and tremen shall be
carried free on the of the company in the
limits of said village.
Section TO- This ordinance shall take effec
from the date of its acceptance by w. n. Patter-
son, Trustee of the Grand Rapids and Benton
Harbor Traction Company, and its legal publica
ton. The said grantee, his successors or assigns
shall pay the cost of publishing this ordinance
We do hereby certify that the foregoing ordi
nance No. AZ adopted and passed by the
village council of the village of Paw Paw, at a
special meeting held on the 5th day of December
A. d. 1901.
THOMAS ]. CAVANAUGH,
President Village of Paw Paw
WV. II. Mason,