Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-08-17

freight or property transported
and the receipts therefor, togethe
with all sums realized from sale o
tickets or bills for freight or eX
| press, or otherwise, and such &C
counts shall at all times be open tt
| inspection of the Mayor or council
or a committee or other persons
designated by the Council for thai
purpose.
| Sec. 6. The City of Fitzgerald
shall have the right to remove, OBJ
struct, or authorize same to be
done, any portion of the tracks, OF
other construction or equipment Of
grantees whenever same, in judg-
ment of Mayor and council, shall
be necessary for the benefit of the
City or the public, or any of the
departments of the city now OF
! hereafter maintained under the Or
dinances or charter of the city. The
expense of said removal shall be
borne by said grantees, or assigns,
and all such expense, as well as all
expense Of keeping that part OF
the street paved or repaired which
the grantees herein agree to as
sumo, shall be a charge and lien
! upon the property of the grantees
or assigns within the city of Fitz-
gerald The authority herein
granted is for the construction and
operation of an electric street rail
road, and no other kind of motive
power shall be used thereon, nor
cars of any other company, Except
the assigns or grantees) either
steam, electric or otherwise shall
be brought in or over said tracks
without the special permission OF
the mayor OF council, granted upon
the application of the owners of
said tracks at the time it is desired
to use said other cars, and the
Mayor and Council shall have alb
solute authority to refuse such use
if deemed best, and no appeal shall
lie from their decision. No train
of cars shall be brought in or along
said tracks, either freight or pas
senger, and at no time shall more
than two cars be coupled together
and brought along same at or about
the same time.
The authority OF permission
herein granted shall not be sold,
assigned, leased, merged, or joint
ly used, either directly or Indirect
Iy, through formal transfer or com
munity of interest or reciprocal
agreement or understanding, or
other device, as to friendly opera
ton, or to or with any other per
sons or corporation. This prohibi-
ton has one exception only, to-
wit:-the rights, privileges and
grants herein made are to grantees
to hold until they and their asso-
ciates can incorporate under the
laws of Georgia, with principal Of
flee and residence of said corpora
ton in Fitzgerald, Georgia, and
this franchise may be transferred to
said corporation when organized
and ready to transact bushes; but
before said assignmentshall become
effective or binding upon the City
of Fitzgerald, or before said cor
poration shall be authorized to
have anything to do with the con
struction or operation of said rail
way, it shall file with the City
Clerk at the City Hall, a statement
in writing duly authorized by its
directors and attested by the sig
nature of its President and Secre
tary and Clerk and the cooperate
seal, submitting itself to all the
conditions of this grant and ex
prcssly agreeing to abide by the
provisions of this section, quoting
this section in its written state
mcnt so that no misunderstanding
shall arise as to its intent. Any
violation of the provisions of this
coat ION Inv rraufnpc M. nv pOrDOr9