The Montgomery advertiser., 1902-03-21

prope. ty Is injured by the negligence or una Kilfull laying or repairing of saso tracks, switches or turnouts, or by the failure to conform to the provisions or tiis ordinance.
 sec. 4 Be it further ordained. That if the said Barry L. Holt. his associates. successors and assigns, shall at any time remove their tracks or parts thereof they shall be required to put the street from which said track or part thereof, Is re- moved, in good repair. at their own ex- pense. to the satisfaction of the City En- g!neer and if they shall commence or be about to take up permanently any tracks or parts of tracks or the iron therefrom and the Mayor or the City Council shall be of the opinion that the said streets will not be put in as good condition as before the removal of said tracks. then the Mayor or the City Coun- cil shall have the right to hold and retain the iron and other material of said tracks until said street or parts of streets are put in proper condition.
 Rate of Speed of Cars.
 Sec. 5. Be 1t further ordained. That the cars on the said railway shall not be run at a higher rate of speed than four miles per hour while turning cor ners from one street into another. and shall not be gun at any time at a greater rate of speed than ten miles per hour and shall not be stopped at the tntersec- ton of streets, but at and beyond cross ings thereof. and no cars shall be left standing on the streets when not in use. and no spur tracks shall be built for switching.
 Sec. 6. Be 1t further ordained. That the franchise and rights herein confer red, shall be considered and given up by the said Barry l.. Holt, his associates, successors and assigns as to any street from which the said railway tracks or any part thereof, shall be removed and re- main removed for more than six months.
 Sec. '. Be 1t further ordained, That the said railway and property used there on shall be liable to taxation as other property within the city, and the city reserves the right to require the owners and operators of said. railway to pay a hcene on each motor car used on the said railway not exceeding 50 per annum. Penalty for Distractions.
 Sec. s. Bt it further ordained. That any person who shall wilfully and know ingly obstruct the free passage of any car along said railway, shall. upon con- viction, be fined not less than q nor more than $10o for each offense.
 Sec. g. Be 1t further ordained, That the City Council hereby reserves the right to regulate the operation of said railway by appropriate ordinances adopted from time to time and to enforce the provisions of this ordinance. and the City Council in granting the rights and provisions herein conferred assumes no liability for compensation to owners of property over the road of said railway. in the event 1t should be held by the courts that such property owners are entitled to compen- sation for the right of way used by the said railway over the said streets and assumes no liability to reimburse the said railway for any damages said com pany may be compelled to pay such property owners for such right of way.
 Sec. 10. Be 1t further ordained, That all tracks, switches and turn outs shall be located and laid under the direction of the City Engineer and the Committed on Streets, subject to the approval of ths City Council,
 Time for Construction Limited. .sec. Il. Be it further ordained. Tha this ordinance shall cease to have an, operation or effect unless the said Barr, l.. Holt, his associates, successors ana assigns shall begin the construction ol the said street railway bona fide within twelve months from the approval of thii ordinance and if, after so beginning ,Sfsio work, the same should cease for Nfht period of three months, without anssex- cuse satisfactory to the City Council the rights and privileges herein grartted shall cease and determine as to such street or streets on which the work has ceased as aforesaid.
 ..Sec. 12. Be 1t further ordained, That the said Barry l.. Holt, his associates successors and assigns, shall have two years in which to complete the entire street railway contemplated by this ordi- nance and at the expiration of two years from the approval of this ordinance ii such system of railway is not fully com pleted the rights and privileges over such streets, as are herein granted, on which said railway is not in operation, shall be forfeited by the fact of the same not being completed and 1t shall not be necessary on the part of the Council to take any action to declare the same for feited.
 '.sec. 1s. Be 1t further ordained, That if at any time the whole. or any part. of the said line of railway. shall remain unused for six months. the same shall be forfeited by that fact. and 1t shall take no action upon the part of the Council to declare the same forfeited in order to effect 1t.
 In Event of Consolidation.
 Sec. If. Be 1t further ordained, That in the event the said railway shall be consolidated with, or pass into the con trol or become the owner of any or other street railway having tracks upon the same street with 1t, then and In either of said events, the two companies, SC owned or operated under one ownership or management, shall use but one track on said streets. or parts thereof, and al rights to any other than one track upor any one street or part thereof shall be forfeited.
 Sect. 15. Be it further ordained. Thai the rights privileges and franchises here in granted are made subject to all ordinances of the City Council of Mont gomery regulating or in any manner ef' fecting the construction. operation and maintenance of said street railroads in the city of Montgomery. so far as the same are applicable, and particularly as to fares transfers, overhead wires, un- derground conduts or anything else be- longing to or forming part of the equip ment or motive power of the said rail- way.
 As to Bainbridge Street.
 Sec. IS. Be it further ordained, That the said Barry l.. Holt, his associates successors and assigns, whenever the Council shall determine to widen that part of Bainbridge Street between the tracks of the Montgomery and Eufaula Railroad and what is known as the Lower Wetumpka road so as to make 1t uniform in width with the balance of the street they win pay all such damages awarded by a jury in ad quad damnum proceed ings. to the owner of the property taken or damaged for said widening
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