Cañon City record., 1906-12-27
ordinance, of which the following is
true copy, to wit:
ORDINANCE NO.
Sarias

/ true copy, 10 VIII.
ORDINANCE NO. =
Series
An Ordinance granting to Frank D.
Heath, his heirs. successors and as
signs. franchise for street rail-
way.
Section l. That. subject to the con-
ditions, qualifications and reservations
hereinafter expressed. there be and
hereby is, granted to Frank D. Heath,
his heirs, successors and assigns, for
a period of twenty-five (25) years from
the date of the adoption of this ordin-
ance. the right. privilege and franchise
to construct, operate and maintain
street railway in the City of Canon
City, in the State of Colorado, and in
the additions that now or hereafter
may exist to said city, for the trans
portation of passengers, mail, express
and freight, along the streets OF said
city. with the right to lay single or
double track as the needs of the street
railway may require; together with
all necessary turn-outs. switches, side
tracks, appliances, apparatus and ma
chinery, and also the right to erect all
necessary poles, buildings, power
houses, and other things necessary
and suitable for the successful opera
tion of such street railway, which rail-
way is to be operated by electricity. or
other suitable power, provided that
the use of the term suitable power"
shall never authorize the operation of
said street railway by steam. cable. or
by any animal power, and provided
further that the freight hereinbefore
referred to, when in separate cars, can
only be transported through the city
between the hours of IL p. m. and 5
a. IN.
Section 2. Said Frank d. Heath. his
heirs, successors and assigns, shall
have the right to connect such railway
with any suitable electric power house
With wires placed upon poles; pro-
vided that If a system is used reQuir-
ing the erection of poles, such poles
shall not be erected except at the
outer edge of the sidewalks, or in such
other suitable place as may be desig-
mated by the City Council of said city;
and the trolley wires shall be sus-
pended not less than eighteen (1S)
feet above the surface of the street.
Section 3. That all said street rail-
way tracks laid in pursuance of this
grant, shall be laid and kept, as nearly
as practicable, in the center of the
streets, and on a level with the estab-
lished grade of the streets upon which
said street railway tracks are laid;
and that said street railway tracks
and appliances shall be kept and main
tanned at all times in good repair by
said Frank D. Heath, his heirs, sue
cessors and assigns, and shall obstruct
as little as possible the passage of
vehicles over the same; except on
North 18th street, the track shall be
constructed on the north side of said
Main street in such manner that when
double track is laid, both tracks will
he equi distant from the curb.
Section 4. That whenever said city
shall pave any street, or portion of
tracks are laid, then the said Frank
D Heath, his heirs, successors and
assigns. shall pave the space along
such portion of said street as is paved
by said city. between all double track,
between all rails, and two t2l feet on
each side of said tracks, both single
and double. Such paving shall be
uniform with the paving of said street,
and shall be done under the supervis-
ion of said city, and shall be kept in
good repair at all times; and until the
streets upon which said street railway
is constructed are paved the said Frank
D. Heath. his heirs, successors and as
signs. shall gravel and roll said space
so that the surface of the ground shall
be flush with the top of the rails, in
cluding the space between the rails.
Section 5. That whenever it becomes
necessary, in laying the tracks in any
streets of the city, to remove the
cross walks, 1t shall be the duty of
said Frank d. Heath, his heirs, sue
cessors and assigns, to replace same,
and TO leave said crossing and cross
walks in as good condition as he found
them.
Section 6. In consideration of the
said Frank D. Heath, his heirs. sue
cessors and assigns. constructing an
electric railway in the City of Canon
City, within one year from the date of
the adoption of this ordinance, the
said Frank D. Heath, his heirs, sue
cessors and assigns. Is and are hereby
granted the right and franchise to
maintain and operate a
street railway line. or street railway
lines, upon any and all of the streets
and avenues of said City of Canon
City: and in consideration of the
hereby granted. said Frank
d. Heath. his heirs, successors and
assigns, Is to construct, and have
completed and in operation. the lines
in Section 9 of this ordin
ance, within the time specified in said
Section 8.
Section z That the franchise grant.