Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1907-03-09

consumers and for private uses,
shall at all times be subject to
the control and regulation by the
party of the second part.
TWELFTH: 1t is further mu-
tually agreed, that in the event
said parties of the first part shall
fail to carry out this said contract
as to pumping the water, or fur
nishing the lights as herein spe-
cited, said Mayor and City Coun-
Gil shall have the right, without
process or order of any court, to
enter upon and take immediate
charge and control of the pump
ing and lighting outfit and power
plant, and operate the same for
the purpose of pumping the water
and supplying lights for such
length Of time as they might
with reasonable diligence, need
to install and put into operation
another pumping and lighting
outfit to perform said service,
the city to pay the parties of the
first part or their assigns, for the
use of said machinery at a price
to be agreed upon by the parties
hereto; or failing to agree, the
party of the second part shall
keep an accurate account of the
amount of water so pumped; and
also keep an accurate account of
all revenue or income received
from the sale of power for light
ing to consumers or otherwise,
and pay the parties of the first
part for the water so pumped as
per the terms Of section four
hereof, together with the income
from the lighting andpower sold to
consumers, first deducting there
from the cost and expense of OPP
Grating said plant, during the
time the party of the second part
is authorized under this section
to use said plant and machinery
Of the parties of the first part
and the party of the second part
then accounting to said parties
of the first part for the income,
after making such deductions for
operation.
THIRTEENTH. 1t is hereby
agreed that the parties of the
first part, w. A. Dodson, shall
have the right and authority to
transfer and assigns this con
tract to a corporation hereafter
to be incorporated under the
laws of the State of Georgia,
with it's principal office in the
City of Americas, said corpora
ton to carry out in full the
terms of this contract, and the
transfer and assignment of this
contract by the said w. A. Dod-
son to the said corporation here
after to be Incorporated, shall be
as effective and binding as if
originally made with the said
corporation, said Mayor and City
Council Of Americas, party of the
second part, hereby ratifying
and consenting to said assign
ment, and agreeing that the said
corporation above referred to,
when the same is Incorporated
and this contract assigned to
them, shall have all the rights
and powers herein contracted as
between said parties of the first
part, and the Mayor and City
Council of Americas, party of the
second part, just as if this said
contract was originally made and
entered into by the corporation
which the parties of the first part
will form and the Mayor and City
Council of Americas. That the
rights under this contract and the
franchises hereunder, shall not
be assignable without the consent
and approval of party of second
part, except as provided in this
Section.
FOURTEENTH. The parties of
OF the first part agrees and obi
gates to construct, equip, main
tain, own and operate within the
corporate limits of the City of
Americas, suburbs and adj
ditions thereto, a street rail-
way system, operated by the
motive power of electricity,
not less than four ca miles
in length, and over such streets
as the party of the second part
may approve and as may seem
best and profitable for the trans
of persons and property, |
same to be extended as the neces.
sity arises, when the same shall !
prove profitable, according to the
terms of the ordinance passed in
favor of the parties of the first