The comet. (Johnson City, Tenn.) 1884-1916, 1902-01-23

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 we're 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 committee.
SEQ. 2.-The gauge of such street
railway track shall be four feet and
nine inches and in laying the track
I 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
70, or the same material as, that used
by the city, that portion of the streets
inside Of the rails, and eighteen Q6)
inches on the outside OF the rails of its
xuhn otn nHu
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 (19) 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, il
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
defsult, after notice from the Chief of
Police of the city, of not less than three
nor more than fifty dollars.
Sec. 3.-The corporation of the Board
J Of Mayor and Aldermen of the town OF
Johnson City, Tenn. shall in no way
be responsible for any damages that
may be done by said W. P. Brownlow,
his successors and assigns, in laying
or relaeing tracks, to gas, water, sewer
or other pipes or other structures on,
above, or under the surface OF the
streets, whether belonging to the city
or any other firm, person, or corpora
ton, or for any damage whatever arts
ing from the construction, maintenance
or operation OF said railway, or from
its failure to keep its tracks and rail
way in proper and sufficient repair
Said w. P. Brownlew, his successor
and assigns, hereby agree and bin(
themselves to assume all responsibility,
and to discharge all liability for thu
things in this section mentioned, anC
for all loss and damage that may O
might accrue to the city by default
negligence or wrong of said W. P
BrOwnlow, his successors and assigns
and TO hold the city harmless.
Sec. 4.-If said w. p. Brownlow
his successors and assigns, shall US
) the right OF way herein granted. and j
} In said use any new bridges are re
quired, or if the present bridges requir
strengthening or rebuilding, the sal,
grantee herein shall pay his proportion
ate part of the cost of same, and shal
, at all times keep in repair the right @
way across all bridges to the same OK
, tent as the streets, IN the same name
, and with the same material as that use
, by the city on their part of the bridges
Sec. g. Be it further ordained, Ths
! whenever the city shall hereafter paw
with brick or any other material an
: street, the roadway Of which is not no,
. paved, and which is occupied by th
! grantee herein at the time such pavin
is done, then it shall be the duty OF til
grantee herein to pave at his own o.
pense that part Of the street which b
7 10 required herein to keep in repair %
, section q, with the same material q
that used by the city for paving, an
> thereafter to keep same in repair as
: this ordinance provided. And whe
such paving 10 done, the grantee herei
: shall be required to take up all L rail-
d on such streets as are to be paved, an
), RELAY said tracks with the regulatio
:. fiat street car line rail, Of the latest in
l. proved model.
Q Sec. Crowded further, that n
!, double tracks shall be laid on street
It less than sixty 600 feet in width, M
l. no turn-outs nor switches in stree
e less than fifty (5O) feet in width, nnlel
y by the permission OF the Board of Ma,
8 or and Aldermen, aud no turnout sha
J, be more than three car lengths betwee
d clearance points. But nothing in th
j. shall prevent any manufacturing estal
}, lishmsnt from crossing streets, or ha
J, ing sidings put in on their own groupt
d for the transportation OF business, an
d nothing In this shall give the right
d any other street or streets, except
d named in this ordinance granting fra
d chise. And all streets not being bui
10 and opersted upon within three yea
d from the date of the granting of th
n franchise shall be forfeited and II
3, franchise to such street or streets shs
be inoperatiye and void.
d Sec. Provided further, That
u granting this franchise that no right
IN tax as property said railway, under Il
?, general laws Of the state, is waived
he surrendered by The corporate author
te ties of the town of johnson City.
" Sec. S.-Tbis ordinance shall in |
se its provisions, il said w. p. Brownie
v, his successors or assigns, build or Z
~ quire aud operate a street railway u
I'd Ter these provisions, have the full for
D. aud effect Of u written contract, du
H. signed by the city and the said w.