Douglas Island news., 1906-09-12


 single or double track, or partly or single and partly of double track, and shall not be greater than standard gauge. Single tracks the street with the inner rail not less than ten feet from center of street. Double tracks shall be laid so that both tracks shall be on one side of center of street and to be extremity of Third street. Rails, switches curves and cross-oyers shall be of such patterns us are in general use for similar purposes. They shall be so laid that their upper surface conforms as nearly as practi- cable to the established grade of the street where 1t has been brought to grade. Where the streets have not been brought to grade, the upper surface of the rails shall be con structed either to the established grade. or shall conform as nearly as practicable to the actual surface of the street.
 The rails shall offer no more obstruction to the crossing of vehicles than can be reasonably avoided. Where the tracks herein provided for cross those of a railroad or another railway, the rails ot each shall be cut or altered that the cars of each can pass of the construction or repairs, the streets Tn which such construction or repairs have been made shall be left in as good condition or public travel as they were before the commencement of such work.
 Poles shall be of wood or metal, their loca- tion and height shall be subject to the approval of the street committee. They shall be painted such color and to such height as the street committee shall order.
 All electrical currents used by said grant ees, their successors and assigns, must be cared for so as to insure sufficient return Of the same along it's own metallc conductors, to prevent any damage or injury to any property of the Town from such currents.
 The Town of Douglas reserves the right to compel said grantees, their successors and assigns, to adopt a reasonable economic method in actual practicable and successful use under similar circumstances and condi- tionS, for the operation of said line, so as t0 insure such return of said current. All equipment shall be of first quality and shall be installed so as to interfere as little us possible with other public uses of the street.
 The cars used in operating such lines of railway shall be of an approved pattern and constructed for the convenience and safety of the passengers. They shall be provided with brakes and other necessary appliances for the protection of life. The grantees, their successors and assigns, may propel it's cars either with steam. by electricity, cable, or by each or by other motor or motive power.
 Cars shall be run over the route for the transportation of passengers and freight at such reasonable intervals as the grantees, their successors and assigns, shall find con Yenient and suited to the needs of its pas sengers and to handle products and mer- chandise to and from freight cars in such streets and portions of streets. as the City Council may from time to time designate and authorize. Provided that no grant IS ere by made of any tide lands or riparian rights and the town of Douglas hereby expressly reserves all its upland or lit oral rights now existing, or that it may hereafter acquire.
 The rate of speed at which cars may be run over said railway line within the town limits shall not exceed sixteen miles an hour, and shall be subject to regulation and control by the Town Council by ordinance. In case oI any wilful violation of any ordinance passed in pursuance thereof, the owners or owner of this grant shall be subject to penalty of not exceeding One Hundred Dollars for each 1-A. NsaI h Town of Douglas through it's Municipal Court.
 That the rights, priyeliges and franchises herein granted shall not be deemed eXclu- Sive; and the right is hereby reserved to the Town of Douglas to grant to any person or persons, company or companies, under any existing laws of Alaska, the right and priYelege to construct, lay down, maintain and operate "A line or lines of railway. through, along and over the streets ot the said town.
 Nothing in this ordinance shall be so con Strued as to prevent the authorities of the Town of Douglas from sewering, planking, paving, repairing, altering, or otherwise improving or re-improving any of the streets herein named ,and the town shall not be liable to the owner or owners of said road for any damages that may occur by reason of the performance of such work. or by the exercise of any right, provided or reserved in this Section. This ordinance shall not be SO constructed as to deprive the town ot Douglas of any powers, rights or privileges which it now has or may hereafter be con. ferred upon it to regulate the use of and control of the streets and alleys of said town.
 Any person wilfully or unlawfully ob- Structing or interfering with either the construction, maintenance or operation ot the railway herein provided for shall be deemed guilty of misdemeauor, and upon conviction thereof, shall be punished by fine not less than Five (J) Dollars, nor more than One Hundred QOOJ Dollars, or by im- prisonment in the town jail for. net more than 20 days, or both such fine and Imprlson- ment. That when any person shall obtain permission to use any street or the clty TOT the purpose of removing any bullIIng' said grantees. their successors or iaSslgns, upon Forty Eight Hours written notice from the street comIrittee, shall raise or remove any of their wires which may obstrnct the re- moval of such building so as to allow the passage of such building across, but not along, any street on which the wires of said grantees, their successors or asslgns- may be erected provided that such crossing shall be done at such reasonaoie hour ol the night, and in such reasonable manner as shall cause least interference on the line ot grantees, their successors and assigns.
 SEC f. That the grantees, their successors does agree for itself, the successors and as- signs to protect and save harmless the town of Douglas from all claims, actions or dam ages of every kind and description which may acrue to or be suffered by any person or persons by reason OS any defective construc- tion or maintenance or improper occupation of said right-of-way, or by reason of the negligent operation by said grantees, their successors and assigns, of its cars over the rjght-of-way herein granted, and in case suit or action is commenced against said town of Douglas for damages arising ont of such defective construction or maintenance or imDroper occupation of, or negligent opera tion, said grantees, their successors and assigns, viii upon notice to it or to them or to any of them, of the commencement of said action defend the same at it's sole cost and expense, and in case Judgement shall be rendered ngainst the town of Douglas in such salt or action, will fully satisfy said shaEi have been fully determined, if determ- ined adversely to said town.
 SEC, 5. That said grantees.their successors or assigns, shall forfeit and shall be deemed to have forfeited and abandoned all rights, privileges and franchis es conferred by this 0rdinance, unless within thirty days after