The Columbus weekly dispatch. (Columbus, Miss.) 1902-1905, 1904-09-29
LEECTRIC STREET RAILWAY FRAN
CHISE.
7. Heard. F, n. Abbott, and

An Ordinance authorizing the erection.
Knaiut enance and operation of Electric
Power Plant in the city of Columbus. with the
right TO manufacture and sell electricity for
upon the streets OF Columbus Mississippi By
the parties above named their associates,
successors. and assigns; and establishing rules
and regulations governing the same and ex-
empting the same from taxation Tor i've t5)
years
SEC. l. g. T. Heard F. NJ Abbott and ThoS
]. 0sNeill their associates. successors, and as
signs. hereinafter called Grantees. are hereby
granted the right and privilege to erect.
maintain and operate an Electric Power
Plant, and shall have the right TO manufacture
and sell electricity for light and power. and
build a street Railway. in. upon. over. and
along. any all streets OF said city OF Column
bus. Mississippi now or hereafter opened or
extended. except as hereinafter limited. and
the right 10 lay any single or double tracks,
side-tracks, turnouts or switches. erect poles
wires or other appliances as the SAID Grantees
may deem necessary to convey and transmit
electricity and 70 operate an Electric Street
Railway provided. that no douDie track De
laid on any stree less than 90 feet wide except
by consent Of Mayor and City Council, The
poles supporting the wires OF said Railway
shall be of cedar. Cypress, Juniper. Chestnut.
or Iron and shall be placed under the direc-
ton and supervision OF the Mayor and street
committee OF said board. and shall be kept
painted and wen cared for: and the terminus
of anv side-track on SWITCH or turnout shall
nor he At ffle interSsction of any street and
the latest improved street car rail shall be used
in the construction OF the line.
SEC. ?, The rights and privileges herein grant
ed shall be for a period of Forty-nfne 40
years. from and after the approval and publi
elusive, and during said Forty nine years, said
City of Columbus shall not grant or convey TO
any person. Company, or Corporation any
rights or privileges on the streets selected and
used by grantees herein. which VIII destroy.
injure- or impair the rights ana prlyleges
herein conveyed to said grantees: but If at any
time after the said Electric Power Plant and
Street Railway Is completed as hereinafter
provided. there should be petition presented
to the City Government requesting an extern
tion of an Electric Railway line over any des-
gnated streets except streets that are paral-
lei with and less than four blocks from the 9th
er streets from which the Electric lines are
already operated. then the Mayor and Board
of City Council may pass resolutions in con-
formity with said petition. demanding the ex-
tention of said Electric Railway lines along
designated street or streets, and unless the
said Grantees notify the Mayor within sixty
600 days after the passage of such resolution
shall forfeit all rights to of such portion of
said designated street or streets as the resolu-
ton may have required extention upon for
Electric Railway purposes and the mayor ana
Board of City Council may grant the right to
occupy the same for Electric Railway purpoS-
es to whomsoeVer they please, PROVIDED al,
ways, that any proposal on the part of the said
Grantees to modify said demand. or to make
partial compliance herewith shall De con
sidered.
The Council hereby expressly excepting 9th
street. and 4th street from Main street to 10Th
Ave. South. and Military Road from Sd. Ave:
North to 9th Ave. North from any and all OF
the provisions of this Ordinance unless Dy
authority of City Council.
SEC. 3. That the privile ges granted by this
Ordinance are upon the consideration that the
said Grantees shall by the 25th.. day of Decem-
Der 1904 commence in good faith the con
struction OF said Electric Railway work, and
complete, equip and put IN operation at least
three CD miles of said Railway on or before
December 1st 1905. and operate the same as
| the interest of the public may demand
SEC. 4. The said Street Car Line shall be Tor
| the purpose of transporting passengers, bag
gage. mail, express, and freight; and the Cars
| used for that purpose shall be OF the best style
and class, provided with approved Tenders
and the rails used to be Standard Street Gar
Rails. Should city in future have any street
covered by this franchise, rails to be changed
| to girder rail or other approved rail to sult
said kind of pavement laid
SEC. ). The said Grantees are authorized to
grade and level said streets through and over
which an Electric line may be constructed. and
| to make such crossings. excavations and en-
| banxments and other works as may be neces-
sary, and proper for the maintenance and use
| of said Electric Railway. and the accommoda-
| tiOnS of the public provided. that the changes
do not interfere with the grades then existing
/ under the supervision of the Street Committee
| of said city. The Grantees shall conform to
| the established grade of streets. except in cas-
/ es where the Mayor and the Board shall not
| require it. henever the said Grantees shall
make excavations or other alterations in the
| shall put the street in as good repair, near
| as practicable, as they were at the time of
| commencement of such excavations or alter
ations. All dirt, gravel. and rubbish left after
| construction of line. and back filing, must be
| removed by the Street Car Company. All
| street crossings shall be planked, graveled or
| cindered between the rails, and at least
| Eighteen (1S) inches on the outside thereof.
| and all rails shall be flush with the grade of
| street.
/ SEC. g. The poles wires, and tracks of said
| Grantees shall be so constructed and maintain
/ town or the reasonable use of the Streets or
| the construction of sewers: or interfere with
| man holes or flush tanks or the underground
| fixtures for the conveyance of water.
SEC. z. The said Railway shall not be less
| than four { ~ feet. eight (S) inches guage.
| and may be the speed of from six to
/ twelve miles per hour whenever such speed
can be made with safety to the public: and
the Grantees shall furnish sufficient power for
| the Railway service to at all times successfully
| operate the same the interest of the public
demand The cars shall be run at such inter
walls. day and night. the public interest may
| demand and all cars shall be supplied with
| proper brakes
| SEC. 8 No cars shall be left standing on any
/ street at any time, unless the same is waiting
| for passengers. except by the consent of the
Mayor of said city.
SEC. 9. No ears shall be allowed to stop on
/ cross walks in front of any intersecting street.
| except to avoid collision or to prevent any
danger to persons orproperty.
SEC. TO- All proper care shall be used to pre-
vent danger to persons or property.
SEC.I1 The Conductor shall use proper care
| to prevent children under twelve years Of age
and ladies from leaving the cars while they are
| in motion.
SEC. IL. The cars at and after sunset shall
| be provided with signal lights.
SEC. H. The said city under proper exercise
| of its police powers shall have the right to
make reasonable regulations for the operation
of said Railway, as the good order OF said city
and the safety and comfort of its citizens de-
mand. And the City shall also protect the
said Grantees in the enjoyment of their rights
hereby granted by the passage of proper or
dinanceS for such proposes
SEC. IA, That in the consideration of the
rights and privileges conveyed to said Gran
tees. they shall in no case charge more than
1--we 90 cents for single ride between termi-
nal points on any division of the Railway with
in the city limits. as now are. or hereafter to
be established and in case shall charge be
made for children i've years of age and under
in charge of parents, nurse older person in
charge of said child and paying fare: but the
Grantees may make special rates to working
people daily using the line to and from work
within certain hours. and the city shall have
the right to use all poles of said Grantees with
out compensation for the purpose of fire
a larmS. or police patrol system as long as
such use does not interfere with conducting
the business OF said Grantees.
SEC. Is If at any time during the grant here
in made said city should pave any street upon
or over which the Grantees have a line of
Railway. Grantees are to pave at their own
expense said Right of Way between rails and
eighteen l1s) inches on each side thereof with
balance of street is paved. then upon notice
from the Board of Mayor and City Council,
said Grantees shall pave between its rails and
and over its right-Of-way Is inches outside
OF rails along such streets or that part thereof
occupied and used by Grantees. conforming as
near may be. with the grading of said street.
SEC. 10. That all rights and privileges herein
conveyed TO said Grantees shall terminate
and be forfeited on failure by them to com
mence. complete. and put in and continue the
operation OF said Sareet Railway provided
By Section OF this Ordinance, provided. il the
said Grantees are delayed IN the construction
OF any such Railway BY strikes or by order or
Injunction of any Court or Judge thereof. the
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