Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1908-04-09

COuLlAuOuSly tAC1CdAtCA OPSAoLO LIZ
same during the existence of the fran
chise herein granted; and it is ex-
pressly provided that should the said
grantees fail to begin the said con-
struction within the said ninety days,
or fail to prosecute the same as herein
required, or fail to have in operation
at the expiration of W years from
the date of this ordinance at least two
miles of the said railroad, then in any
such event the franchise herein grant
ed shall be forfeited and the same
shall be considered abandoned by the
grantees; provided further that the
Board of Aldermen of the City of
Goldsboro for good cause shown may
extend the time of the commencing,
construction, completion and operation
of the said street railway system, and
provided further hat no forfeiture
shall be declared for any failure on
the part of the said grantees which is
caused by the institution of legal pro-
ceedings Oh by other causes beyond
the control of the said grantees; and
provided further that should the said
grantees fail at any time after the
expiration of the said two years to
maintain said system INC operate cars
continuously over the same as herein
required for a longer period at any
one time of more than thirty days,
they shall forfeit the franchise herein
granted, and the same shall ~thereupon
be deemed abandoned, but it is here
by expressly understood and provided
that the time when the said grantees
are prevented from such operation by
reason of accident Or legal proceed
ings shall not be counted against them
in calculating the said thirty days. But
it is expressly provided that upon
any forfeiture or abandonment of this
franchise, said grantees shall be e
titled within ninety days thereafter
to remove all rails, wires and improve
ments located, erected or constructed
by them upon any of the streets OF
the said city, and they shall leave that
portion Of the said streets SO oc-
cupied by them in as good con.
dition as those portions of the streets
adjoining the same not occupied by
them. And it is further expressly pro.
vided that the Board of Aldermen OF
the City of Goldsboro may at any time.
or from time to time extend the time
within which said forfeiture may be
incurred as in their discretion they
may deem advisable.
Section 8. That the said grantees
are hereby empowered to make such
excavations and to do such other work
as may be necessary to lay the tracks
of the said railway properly upon the
streets of the said city, and for the
purpose of erecting and maintaining
such poles and appliances as may be
necessary for the operation of the
said railway system, all the said
tracks, poles and appliances to be
placed and erected in such streets, al
may be agreed upon between said
grantees and the Board of Aldermen
of said city; provided that the said
grantees shall not unnecessarily keeI
any section of said streets torn uI
Or INSTRUCTED by the construction OF
the said railway or the erection of its
poles or appliances for n %unreason.
able length of time, and provided fur
Their that the said grantees shall re
pair all said streets and side walks
so excaVated or torn up and leave the
same in as good condition as they
were prior to the excavation of the
same.
Section 4. The track of the said
railway system shall be SO constructed
and laid as not to obstruct the free
flow of water across the streets OF
down the cutters thereof, and in lay.
ing the same the said grades shall con.
form to the grades of the several
streets used by them as the same now
are or hereafter may be established
and when changes of grade are neces.
sary permission shall be obtained from
the Board of Aldermen to make the
same, and in case of change of the
grade of any street by the city after
the said track is laid, said grantees,
at their own expense, shah conform
the portion of the street occupied
| by them and one foot on each side
of the rail to the new grade; the
space between the tracks and one foot
on each i of the track shall be
kept in good order and condition at
the cost and expense of the said
grantees, SO that the portions of the
streets occupied by the tracks may be
safe and convenient for travellers on
foot or with teams, carts, carriages
and vehicles at all times, and so that
the same shall at all times be level
with the streets upon which they are
laid, and that at the expiration of fiji
teen years from the date of this ordi-
nance the said grantees shall pave
said streets between the rails and one
foot on each side thereof in the same
manner and with the same material
used by the City of Goldsboro for paw