The Daily Missoulian., 1909-01-03

railway cars properly constructed
| with ali modern improvements neces-
| sary for the safety of pedestrians and
other travellers moving upon and along
| the streets upon which the said rail-
way shall be constructed, and shall
operate Its cars at rate of speed
which Is not to exceed within the city
limits twelve O2) miles per hour. In
the case of freight cars the same shall
be of the most modern pattern, and not
more than three cars shall be run
coupled together. Said cars. both
freight and passenger, to carry at
night a headlight OF not less than
sixteen Q6) candle power. and use at
street crossings when moving within
the city limits an alarm bell, which
bell shall be rung at crossings, and
all cars shall be run as not to un-
necessarily interfere or impede travel
upon said streets. except while NOV
ing as required by the terms Of this
ordinance
Section g. All rails to be laid by the
said grantee, his executors. admins
traitors or assigns, shall be of good
steel of the most approved pattern
and the same shall be constructed in
such manner as to cause no unneces-
sary obstruction to the common and
ordinary use OF said streets for other
purposes. All water courses shall be
left free and unobstructed. and good
and permanent crossings shall be
made wherever the same shall be re-
CURED by the city council at the inter-
section OF said streets. and suitable
and efficient arrangements for the
purpose Of proper drainage OF the
roadbed and right OF way shall be
made within the limits Of said streets
In the manner prescribed and under
the supervision Of the city engineer or
other officers OF the city charged with
such duty. 1t Is expressly provided
and required that in the exercise OF
the rights granted under this ordi-
nance the said grantee, his executors,
administrators and assigns, shall not
obstruct, divert, close Or destroy any
gutter culvert, flume or other drain
age channel, constructed or used for
drainage purposes in said city
Section Q. That the said grantee is
tain and use all necessary poles or
material. and the necessary wires to
successfully operate by electricity said
railway and railway cars upon the
streets aforesaid provided. however,
that the said grantee shall set such
poles or posts under the direction or
supervision of the city council or some
duly authorized officer or representa-
tive of said city council, and shall
place the wires thereon and maintain
the same in good order and condition
and In such a manner as not unneces-
sarily to interfere with the travel
upon said streets. Said poles or posts
to be set SO as not to interfere with
the flow Of water in any gutter Or other
cation thereof shall be determined by
the city council Or it's duly authorized
agent or committee, and all wires
placed on said poles shall be main
tained at a height of at least eighteen
Q8) feet above the surface of the
street
Section 10. The rights. privileges and
franchises hereby granted. shall con-
tinue and remain in force and effect
for the term of fifty (50) years from
and after the date of the passage and
approval of this ordinance.
Section II. The right. privilege and
authority to lay and construct track
or tracks across the Higgins avenue
bridge Is hereby granted, it being ex-
pressly understood that In laying
tracks across the said bridge, 1t shall
be the duty OF the grantee, his execu
tors, administrators or assigns to
cause the space between the tracks
and for a distance Of one foot on each
side thereof to be laid and kept in
proper repair in the same manner and
with the same material as Is used in
construction and keeping the floor of
said bridge In repair.
Section IL. 1t shall be the duty of
the said grantee, at least ten Q0)
days before the time when construc-
tion Is commenced upon any part or
portion of the said street railway, to
file with the city council of the city of
Missoula a map or plat showing the
street or streets through, over and
along which is is proposed to con-
struct any part of the street railway
aforesaid; and when such map Is made
and filed with the city council Of the
city of Missoula, 1t shall be deemed to
be a selection of the route for the con-
struction OF the part Of said railway
shown upon said map; and from and
after the time when the said map is
filed the said grantee shall have the
right to enter into and upon the
street or streets designated in said
map. and to commence construction of
said street railway and the erec-
tion of the said poles and
wires necessary for the opera
ton thereof; and it shall be the
duty of the said grantee, from time to
time and before the time when he, or
his heirs, executors. administrators or
assigns shall commence the construc-
tion of any part of said street railway.
to so file map or that part or portion
thereof which 1t is intended to con-
struct within a period of six months
hence next ensuing after the filing of
said map with the city council.
Section 13. 1t shall be the duty Of
said ]. r. Wharton, his heirs, execu-
tors, administrators or assigns to ac-
cept this ordinance in writing within
the same shall have been passed by
the city council after the granting of
the same shall have been author
ICED by vote of the duly qualified
fed electors OF the city of Missoua,
said notice to be served upon the
mayor OF the city OF Missoula