Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1903-05-20

$500 t
and put under operation.
4 The cars must be of the most i'm.
proved construction for the comfort
and convenience of passengers and
provided with brakes and tenders.
5. The rails must be T shape. the
| tracks must be constructed as nearly
as possible in the middle of the street
and laid 10 grade. to be furnished by
said city. and the streets between the
rails and for one foot on each side
thereof shall be paved or macadamized
or built of the same material as that
portion of the street through which
the track runs, and shall be kept con-
| stantly in repair and flush with the
street so that the same may be readily
| crossed with vehicles at all points in
the street.
s. The rails, machinery. cars and
| other equipments shall be new and fit
ted with the latest approved appli-
ances.
Z. The owner or owners of said fran
chise shall assume all liabilities or
risks for damage to person or property
| Nhlth ma II III ~ NOiHAi uOllOhs
maintenance or operation of any or
all parts of their railway system that
may be erected. constructed. main
tanned or operated, pursuant to this
franchise; and shall indemnify and
save the City Of Albuquerque harmless
from any and all liability or damage
that may arise or be incurred there
FAa. .-l l.. go - aZ.v a,,,A II
said city on account thereof. said own.
err or owners of said franchise. upon
being notified, shall make all neces-
sary defense. and any judgment
against said city therefor shall be bind
ing upon the owner or owners of said
franchise in any suit of the said city
against them for reimbursement.
s.. The validity of this franchise shall
depend upon the strict conformity of
the owner or owners of said franchise
to the conditions embodied herein, and
upon the continuous operation of such
line or lines as may be constructed un-
der the terms of this grant. with ex-
ception made for strikes, accidents,
floods or other unavoidable forces.
9. The street railways built under
this franchise shall not interfere with
the drainage or water system of said
city, for which all rights of intersec-
ton of such line at all points where
the needs of the present and future
water and sewerage system and all
general purposes may require 1t, are
hereby reserved; but 1t is understood
hat any intersections or excavations
that may be necessary shall be with
out expense to the owner or owners of
said franchise, and without nneces
sarily interfering with. delaying or OBJ
structing the passage of cars, n such
openings shall be put in as good order
and repair as before the excavations
were made.
. 10. The rate of fare for each passen-
ger, with free transfer on i~ntersecting
line or lines If said system. for each
continuous trip from point to point
within the limits of said city as now
or hereafter established, shall not ex-
coed FIVE cents.
Section III. Any interference with
the rights embodied in this franchise,
the distractions of the tracks to de-
lay the passage of cars. destruction.
damage or injury to any part Of the
equipment or property of this street
railway system, or stealing rides on
the cars, or refusal to pay fare, or dis
orderly. offensive or drunken conduct,
or splitting on the floors or platforms
of the cars. shall constitute a misde-
meanor n be punishable by fine of
not less than five dollars or more han
one hundred dollars, or by imprison.
ment of not less than three days nor
more than sixty days, or both.
Section w. This franchise shall be
null and void unless the said grantee
shall within sixty days from the date
of the passage hereof file with the
Clerk of the City of Albuquerque, a
written acceptance OF the franchise
hereby granted, subject to the condi-
tions herein provided; and shall de-
post with the City Treasurer. the sum
of two thousand dollars as a guarantee
of the commencement, completion and
operation as herein provided, said sum
to be forfeited to the city upon the
failure of commencement, or compile
ton and operation in the manner and
within the respective periods herein
provided.
Duly passed this 18th day of May, A.
ID. 1908.
s. GRUNSFELD,
President pro TEN and Acting Mayor.
Attest;