The comet. (Johnson City, Tenn.) 1884-1916, 1902-02-06

date of said notice, occupy and operate
under their franchise a street railway
upon said streets which their franchise
covers, then the said W. P, Brownlow,
his successors and assigns, are hereby
granted the further right, power and
franchise to construct, build aud main
tain and operate an electric street rail
way upon, over and along the following
additional named streets, to-wit Roam
street, Watauga avenue, Fourth avenue,
Second avenue, New street, and North
Main street.
Said railway shall be constructed in
accordance with the regular grades of
said streets as they now exist, or may
hereafter be adopted and changed, and
in constructing and operating said rail
way and its appliances said Brownlow,
his successors and assigns, shall re-
store the streets through which the
same may pass to as good condition as
they were in before said right was ex-
ercised. The poles and wires put up
by the grantee herein shall be located
and erected under the supervision of
the street com mittee.
Sec. 2.-The gauge of such street
railway track shall be four feet and
nine inches and in laying the track
| T rail may be used ON all unpaved
streets, and shall be laid so as not to
project above the surface of the streets.
And when said w. p. Brownlow, his
successors and assigns, shall lay their
tracks on any of said streets, in con :
sideratlon of the privileges herein con-
veyed, agrees and binds himself, his
successors and assigns, to keep in ordi-
nary good repair and with like material
to, or the same material as, that used
by the city, that portion of the streets
inside of the rails, and eighteen (1S)
inches on the outside of the rails of it's
tracks, where there are single tracks,
and where there are double tracks,
switches, or turnouts, that part of the
street or streets between the outer rails
of said double track, switches and turn
outs, and eighteen (1S) inches outside
of each outer rail, and to keep the same
in as good repair as the other portion
of such streets are kept by the city, it
being understood that when said track
or tracks, switches and turn-outs are
on paved streets, said grantee herein
shall keep such part of the said street
or streets in good repair with the same
material as that with which said street
or streets are paved and in case of
failure so to do said grantee herein
shall be liable for fine for each day of
default, after notice from the Chief of
Police Of the city, Of not less than three
nor more than fifty dollars.
a. II. G Do
of Mayor and Aldermen of the town OF
johnson City, Tenn, shall in no way
be responsible for any damages thai
may be done by said W. p, Brownlow,
his successors and assigns, in laying
or relaying tracks, to gas, water, sewer
or other pipes or other structures on
: above, or under the surface of the
r streets, whether belonging to the city
8 or any other firm, person, or corpora
ton, or for any damage whatever arts
t ing from the construction, maintenance
: or operation of said railway, or from
e its failure to keep its tracks and rail.
Y way in proper and sufficient repair
s The person, firm, or corporation takin!
!, and operating under this franchis
4 hereby agree and bind themselve
= to assume all responsibility an,
}, to discharge all liability for til
], things in this section mentioned, an,
d for all loss and damage that may o
d might accrue to the city by default
d negligence or wrong Of said W. T
d Brownlow, his successors and assign,
d and to hold the city harmless.
10 Sec. Aft said W. ?. Brownlov
d his successors and assigns, shall us
n the right of way herein granted, and
8, in said use any new bridges are r,
quired, or if the present bridges requil
d strengthening or rebuilding, the sal
Of grantee herein shall pay his proportion
IN ate part of the cost of same, and sha
s, ct all times keep in repair the right
le way across oil bridges to the same e