Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1907-02-23
nntinued from fr.t page.

TO use SAID plant ana 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 its 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. bod
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originally made with the said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 conserving 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contract was originally made and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 q street rail
way system, operated by the
motive power of electricity,
not less than four "a 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
mission 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
part by the Mayor and City
Council of Americas. Work to
commence on said Electric Rail
way within nine months from
date Of this contract, and four
miles completed and in operation
within fifteen months from date
hereof.
tits further agreed, that should
the parties of the first part fail
or refuse, or at any time discon-
tinue the operation of the street
railway herein contracted to be
built and operated, within said
city for period of thirty con-
secutive days, then this contract
shall be null and void; and it is
hereby expressly understood and
agreed, and so stipulated, that
the consideration of the said par
| tylof the second part in making
this said contract for the term of
twenty years being, that the
said parties of the first part, shall
have the right to operate said
street railway, as above specified,
and should the parties Of the
first part fail or refuse to do so,
then this entire contract from
such time, becomes null and void
! at the option Of the Mayor and
City Council of Americas. But
this clause shall not be operative
in the event of the discontinuance
of the street railway if caused by
riots, strikes, fire or other I'M
avoidable accidents, so long as
said hindering causes continue to
exist and no longer.
FIFTEENTH. It is further mu-
tually agreed, that should the
parties Of the first part fail for
thirty consecutive days, riots,
strikes, fires and other unavoid-
able causes excepted, to carry
out the terms of this contract,
either in part or as a whole then
this contract, together with the
rights, powers and franchises
that may be granted hereunder,
shall be forfeited, and no fur
Their rights, powers and privi-
leges shall be claimed by the
parties of the first part.
SIXTEENTH. 1t is further mutu-
ally agreed, that before this
contract shall become effective,
the said party of the first
part, or his assigns, shall furnish
to the party of the second part,
subject to its approval, a bond in
the sum of S25, 900, 90 in some good
and solvent security company
authorized to do business in the
State of Georgia, conditioned for
the faithful performance of this
said contract, and to indemnify