The daily sentinel., 1904-12-24

snail also give at ledSl one transfer
check when requested to lines on
streets not parallel.
Section Z. Said railway shall be
operated constantly rs near As prac-
ticable. and as often during the day
as one round trip per hour over each
of said streets.
section 8 The said railway shall
be operated by any power except
horse, gasoline, dummy engine or
steam power. and said George
Smith. his associates, successors and
assigns. shall! have the right TO
change It's power as new or better
power may from time to time be
discovered.
Section 8. No license or fee shall
be required or imposed upon cars
of the said railway or of the per-
sons or company owning and oper-
ating the same by the city of Grand
Junction, for the privilege of oper-
ating said railway or running of its
cars thereon, except as hereinafter
provided.
Section 10. The said George
Smith. his associates, successors and
assigns, shall construct at least two
miles of railroad and equip the same
and have it in operation within the
corporate limits of Grand Junction
within eighteen months from the
date of the passage OF this ordinance,
and shall construct, equip and have
in operation at least one mile of
additional track every twelve
months thereafter until the said
railway shall be constructed the fun
length of all such streets as are
specifically mentioned herein; and
if any portions of such streets shall
l., .ss.I
operated thereon lines of railroad
to their full extent at the expiration
of seven years from the date of
the granting of this franchise, then
the rights herein shall be forfeited
upon such portions of such streets
as has not been utilized by the con-
struction and operation of said rail
way thereon. Provided. also, that
the said George Smith, his associ-
ttes, successors o. assigns. shall,
on or before the first day of April,
1905, commence work of construc-
ton. and file with the city clerk a
,nod and sufficient bond in the sum of
fifteen thousand dollars. conditioned
that he, the said George Smith, his
successors, associates or assigns.
shall within eighteen months from
the date of the passage of this or
dinance construct and have in oper-
alton at least two miles of street
car lines within the city limits of
Grand Junction as provided for in
this ordinance, which said bond
shall be approved by the city council
of the city of Grand Junction.
Section II. The said George
Smith. his associates. successors and
Smith, his successors. associates or
assigns. shall, before commencing
the construction of any such
street railway on any of the streets
of the said city, file with and have
approved by the city council of the
city of Grand Junction good and
sufficient bond in the sum of ten
thousand dollars, conditioned that
the said George Smith, his associ-
ates, successors and assigns, shall
save, indemnify and keep harmless
the city of Grand Junction from any
and all liability for and on account
of any injuries or claim for dam
ages and for costs and expenses and
attorney fees in defending any suit
for damages by any person or per
sons sustained or alleged to have
been sustained on the streets, ave
nues or alleys of the said city by
reason of any carelessness, negli-
| gence or misconduct of the said
George Smith. his associates, success
or agents in the construction, use.
maintenance or operation of the said
street car lines or line within the
said city of Grand Junction, which
| said bond shall be a continuing
] bond, and at any time during the
existence of this franchise whenever
| the city council shall deem itself
insecure or unsafe on account of the
insufficiency of the sureties upon the
said bond, they may by resolution
require a new bond to be given by
the said George Smith, his associ-
| ates, successors or assigns, as a con-
dition to the further operation and
maintenance of the said road, a copy
! of which said resolution shall be
| furnished to the said George Smith,
his associates or assigns. and a new
| bond shall thereupon be given and
| approved by the city council within
thirty days thereafter.
Section 70. Nothing in this or
dinance shall restrict or limit the
right and power of the city council
to properly control and regulate all
matters concerning it's streets and
avenues, and to prohibit any nui-
sance being committed by the con-
struction and operation of said rail-
way; and the city of Grand juno
tion shall have power by ordinance
to enforce adequate penalties for the
violation of any of the provisions of
/ this ordinance.
Section IS. The city council of
the city of Grand Junction shall pass
all necessary and proper ordinances
for the protection of the said George
Smith, his associates, successors and
assigns, in the enjoyment of the
franchise hereby granted, and to
prevent any person or persons from
interfering with the operation of any
street railway to be constructed or
with any property belonging to the
same, and shall prevent unnecessar-
lily obstructing the passage of cars
| by teams, vehicles or other obstruc-
tions.
Section Il. Nothing in this ordi-
nance shall be construed as granting
to the said George Smith. his associ-
ates. successors or assigns. an ex-
elusive franchise. or prohibiting the
corporate authorities of said city
from granting n similar franchise ~