The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-09-21

~ NAAAe AASS g. oAICu ~ ll1CtlI, I'll TIC
first Monday of December of each
year hereafter, sum of money
equivalent to two (2) per centum
on the net earnings of said lines
of railway within the city of Be-
midi in each year.
1t shall be the duty of the said
Carl C. Gowran, A. A. Carter and
George w. Teitsworth, their exc
cutors, administrators, successors
and assigns to make annually
duly verified statement of the
earnings of all the lines of rail-
way they may operate within the
city of Bemidji, and to file the
same with the city clerk and city
treasurer on or before the second
Monday in November of each
year. -
And the said Carl C. Gowran,
A. A: Carter and George w.
Teitsworth, their executors, admin-
lstrators, successors and assigns,
do hereby agree to have cars run
ming on or about the 1st day of
November, 1908, from Four teenth
Street on the west side of Lake
Bemldjl to point near the Be-
midi Lumber Company's Mill on
the east side of Lake Bemidji and
maintain and establish same
subject to the conditions herein
contained, during the existance of
this franchise.
The aforesaid grant is upon the
express condition that the work
of constructing said line of rail-
way shall commence no later than
May 18th, 1908, and that that por-
ton of said line of railway from
Fourteenth Street on the west
side of Lake Bemidji on Doud
Avenue and on Irvine Avenue to
a point near the Bemidji Lumber
Company's mill on the east side
of Lake Bemidji be completed
and cars running thereon Novem-
Der 1st, 1908, time being the
essence hereof.
And if the said Carl c. Gowran,
A. A. Carter and George w.
Ieitsworth, their heirs, admins
traitors, executors, successors or
assigns, shall fail, neglect or re-
fuse to construct said lines of
railway within the time and sub
stantially in the manner herein
specified, it being distinctly under
stood and agreed that time is the
essence hereof, or if said lines of
railway are constructed, they at
any time during the life of this
franchise fail to operate said line
or lines of railway substantially
III the manner herein designated,
then and in that event, the said
Carl c. Gowran, A. A. Carter and
George w. Teitsworth, their heirs,
administrators, executors, success
ors or ASST gns shall loose all
rights and privileges by this ordi
nance granted.
Section IS: The said Carl c.
Gowran, A. A. Carter and George
w. Teitsworth, their executors,
administrators, successors and
assigns, shall be liable to said city
tor all damages, expenditures,
Liabilities and costs which may be
incurred by said city by reason
OF said lines of railway, or any
part thereof, or the operation
thereof, or by reason Of the rights
hereby granted to them, and they
shall fully indemnify and save
harmless said city for all such
damages, expenditures, loss and
costs which may be so incurred.
Section II: If the said Carl c.
Gowran, A. A. Carter and George
w. Teitsworth, desire to build,
equip and operate said lines Of
railway, conduits, wires and poles
in accordance with the provisions
OF this ordinance, they shall file
with the City Clerk, within thirty
(3o) days after the passage and
publication Of this ordinance their