The daily sentinel., 1904-12-24


Street Railway, and Granting tine
Right of Way Therefor Within the
City of Grand Junction, Colorado.
Be it ordained by the City Council
of the City of Grand Junction,
Colorado:
Section l. That the right of way
for a street railway and the right
to construct, maintain and operate
a street railway with all needful
side-tracks. turntables, switches and
turn-outs is hereby granted to
George Smith, his associates, sue
cessors and assigns for and during
the full and complete term of TWEEN
ty-one years from the date of the pas
sage of this ordinance, subject, how
ever, to the limitations and condi-
tions herein stated. over, across and
along the following streets and ex-
tension, and combinations thereof,
and over, along and across addition
al streets as hereinafter provided, in
the city of Grand Junction, Colora-
do, and its additions in Mesa county,
Colorado. to-wit:
On the following streets and ex-
tensions of streets running north
and south and lying and being with
in the corporate limits of the city
of Grand Junction, as follows: First
street, Second street, Seventh street
and Twelfth street: also along the
following streets and avenues or eN-
tensions of streets and avenues run
ming east and west and being within
the corporate limits of said city of
Grand Junction: Main street, Ute
street and White avenue.
The consent in writing of the own
ers of lots representing more than
one-half of the frontage of each and
all of the above streets and avenues
for the granting of such franchise
having been heretofore filed with
the city clerk of Grand Junction,
Colorado.
And the said right of way and
franchise is also granted to the said
George Smith, his associates. success
sors and assigns, to construct on
any additional streets and avenues
within the city limits of the city of
Grand Junction, upon securing from
the owners of lots fronting on each
thereof more than one-half of the
frontage of each of said streets or
avenues, and filing the said consent
with the city council of the city of
Grand junction, and obtaining from
said city council a resolution for
that purpose that this ordinance has
been complied with as to each of
such additional streets upon which
the said railway shall be thereafter
constructed; provided, that the said
George Smith. his associates, success
sors and assigns, shall within two
months after the adoption of any
such resolution commence the con-
struction and shall complete the said
railway and have the same in op-
Grafton on any such additional
streets within four months from the
date of the adoption of such resolu-
tton or the said franchise, and all
rights hereunder shall Immediately
become forfeited as to any such
street or streets.
Section 2. Said railway may be
constructed with single or double
track for the entire extent or for
any part thereof.
Section 3. The said George Smith
his associates. successors and as
signs. in constructing said railway.
shall use fiat rails, and II shall be so
constructed that the surface of the
rails shall be laid even with the
| surface of the ground. and in such
manner as to not necessarily OBJ
struct or impede passage of vehicles
over the streets, and over and across
said rails; and the track of said
street railway shall at all times be
kept and maintained by the said
George Smith. his associates, success
sors and assigns. in such condition
at all times during the construction
thereof and during the operation
thereof. as not to interfere with, OBJ
struct or impede the passage of We
! hicles or endapger the lives
or property of persons trav-
cling thereon: and, if at
any time during the term of this
| franchise the said city shall elect to
gravel, pave or macadamize any of
the streets on which the said street
railway is laid or any part thereof,
or shall elect to change the grade or
shall establish new grade or grades
thereon, then and in that case the
said George Smith, his associates,
successors and assigns. shall at once
pave, gravel or macadamize or
change the grade of their said street
railway in like manner and so as to
conform with and correspond to the
remainder of the street or streets
whereon the said street railway is
constructed and maintained; and all
| that portion of the street lying be-
| tween the rails of said street car
j - am anu lOI Ont lOOl on eaGn outer
| side thereof shall in such case be
paved, gravelled or macadamized as
the case may be. at the expense
and cost and by the said George
| Smith, his associates, successors and
assigns, at the same time and in the
same manner as the city shall pave
macadamize or gravel its streets
street or parts thereof from time to
| time.
Section 4. The said railway shall
| be used for the transportation of
passengers, their ordinary baggage,
for mail, express and freight. and
shall be equipped with good cars
with modern improvements for the
comfort and convenience of passen-
gers, and for the safe and speedy
transportation of express and
freight; provided. that no freight
shall be carried on White avenue:
and provided, that the city council
of the city of Grand junction shall
have the right to adopt such rules
and regulations regarding-the hand
ling and transportation of freight
and express and prohibit the car