Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-11-21

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shall be subject to fine of not less
Ethan one or more than FIVE dollars,
with costs, for each offense.
Sec. 3. That there shall be no
scharge to exceed FIVE cents for each
passenger for riding from one term,
mus to the other or shorter dis
Itance within the corporate limits;
lproviding such a trip be continuous
trip in the same general direction.
Children under the age OF six years
shah be allowed to ride free OF charge
when accompanied by their parent or
some other adult. Transfers shall be
given without additional charge al
AN junction points within the corpor.
! alton.
Sec. 10 That cara shall not run at i
rate Of speed to exceed ten miles per
hour. All cars shall be provided and
equipped with proper brakes, and
proper lights and signals shall be used
as may be determined upon by the
common council.
Sec. II. That If for any reason this
1 franchise, and each and everything
pertaining thereto, is not carried Out
and completed by the traction com.
/ pany, then and In that event upon no
tice OF said failure to observe this orr
dinaDce. or any other ordinance which
shall be passed hereafter not in con
I flict herewith. by the common, council
rpon the traction company, which no
tice for this purpose may be served
upon any person in charge Of the
office at the time the notice Is served,
on the officer serving the notice may
serve it upon any officer or director
of said company which notice shall
give the company sixty days in which
to comply with this ordinance, and
then and in that event and at any
time after the expiration of said sixty
days the common council of the cor
poration of Martinsburg, providing
such company shall not so comply in
such time, reserves and shall have the
right to yacate and declare said Or
dinance null and void, and all rights,
privileges and franchises hereby
granted shall revert to and inure to
the benefit of the corporation of Mar
tinsburg That the corporation of
Martinsburg reserves the right to and
shall have the power, in addition to
all other power and privileges hereby
retained and reserved, whenever, I'M
der this ordinance, or under any
other ordinance granted to said COM
pany or to its successors, not in con-
flict with this ordinance, anything is
required to be done and is not so done
and charge the same TO the said COM
pany. As soon as the said council by
proper minute shall declare the
amount due and owing for such work,
upon any such charge so MADE the
same shall Immediately become lien
superior to all other liens that may
be created hereafter upon the prop
erty and franchises of said company,
except state, county and municipal
taxes, on behalf of said city. The
sergeant of this corporation, or any
other officer appointed for the purpose
so to do, shall have the right and
power to collect the amount, the same
as though said charge or assessment
were taxes placed in his hands for
collection. The sergeant shall give
such receipt and make such returns
as the common council may at that
time prescribe and determine.
Sec. ~. That the Berkeley Traction
company shall pay to the corporation
of Mautinsburg an annual license tax
of one hundred and fifty dollars
(s150.00) per year. for twenty years
after the passage of this ordinance
The first payment shall be made on
July / next after the granting of the
franchise and the passage of the or
dinance, which payment so made slal,.
be regarded as d payment for the an
nual license tax for the year 1909.
The said company shall pay the fuf-
Their sum of one hundred and nfty'
dollars (s15000), each and every year
thereafter within thirty days after the
first day of judy for each and every
year of the twenty years aforesaid.
For the year 1929. and for each ana
every year thereafter during the con
tinuance of this franchise, the COM
pany shall pay a. franchise tax OF TWO
per centrum of the entire gross earn
ings of said company until the END
of the fifty years. for which this grant
is made; providing that IN no event
shall the said license or franchise tax
be lower than one hundred and hhy