The Owosso times. (Owosso, Mich.) 1897-1926, 1910-02-11


None but careful. sober and prudent men shall
be en- pioyed In charge OF the cars OF said gran
Tee within said city; and they shall use al
reas ma lie precaution TO prevent injury Il
teams carriages and pedestrians.
Section q The City of Owosso reserves the
right To grant unto any electric line that may
be hereafter constructed in said city, permits
sion and authority TO cross any OF the tracks Of
said grantee. Said city further reserves the
right 10 enact by It's Common Council such
oLher u q further rules, orders and require
ments as may from time to time be deemed
n cessary TO protect the interests, safety
welfare and accommodation OF the public II
relatioc 10 said railway. not inconsistent with
tue pr wi sions OF this ordinance Said CITY
further reserves the RICH, 70 require from
time 10 Time said grantee, its successors and
assigns, to use such fixtures, appliances upon
! It's said railway and cars as may be deemed
necessary for public safety In the operation OF
/ SAID railway.
Sec,ion 3. In case any bridge or bridges over
the Shlawassee river On any street or streets
occul leu ny The railway OF said grantee aud
over wnicn IL snall run cars, shall acquire i'm.
provements OF streng Lhening in order 10 rem
DER the same sale ana suitable for such
use, The expense thereof shall DC borne by SAID
Grantee, ltS successors anu assigns. but all
other repairs 10 bridges except r.pianking
shan be borne equally Oy said grantee and SAID
CT y, aud In Case sucn bridges from any cause
require rebuilding or replacing the expense
aliu cost thereof shall be borne equally by said
gtautee ana sold city In case VI the replank-
ing, paving or repaving of any Of said bridges,
ooid 6ioueCci ito SuCCcSoOFS anu ABS BuS. shall
Dear The expense Of said replankiIg, paving or
repaving between the rails OF its TRACKS and
eighteen inches OUTSIDE thereof
The character ana kind Of such repairs, and
the une wnen the same shall be necessary,
bnu all matters pertaining to Bucn reDulIdlng
aLu replacing OF such bridges, the kind, Cost
ana the work thereof shall De entirely within
Tue determination and control OF said city,
section y. Said grantee shall have full
power aud authority w main .aiu order ON any
OI It's cars oper1tel IN The Cay OF IwUSso.
AhJ intoxicated p5rson, u y person using IN
decent, ooscene or prufane Language or any
person thSa i"s In any hghG vi Dra~l ON any OF
we Cars vi SAD y dntec, It's sue -essJrs or .
signs, small 10 uee med guilty vi uisoraerly con
duct anu sn IL upou CVnttc iou De published by
"a uIe not exceeding one hundred collars or
u lnpfisonm' H. la ,nc vou ~ JAN nog exceed.
Ing ninety days or by both such fine ana i'm
prisonment in the discretion OF the court.
Section 10. Cars OF said gran tee shall De en-
Titled to the free and uninterrupted right OF the
Tracks or tine said grantee, anu whenever
teams or venlc!es Shall meet or overtake hem,
SAID team or vehicles shall give way, upon no {.
Ice 10 40 so, from the conductor or notorman
VI the Car OF salu granite by ringing gong on
the car, nOr shall any person uniawtuiiy or
Ialclously oDsLruct, hinder or in any way in.
terfere with any OF the cars of the said gran
tee ny placing, driving, stopping or causing TO
De driven at SLOW pace, team, vehicle or
oLher oUstru, too H. upon, across, along or ON
such track VI SAID grantee, auu any person vio-
Eating auy OF Lne PROVISIONS or this ordinance
exceeding twenty i've dollars, together with
the costs OF prosecution for each and every
Onense and an the default Of the payment
thereof, such convicted offender shall be- I'M
prisoned In the county jail for u period of tim o
not exceeding thirty days, however, that the
CITY nre department and funeral professions
shall nave the right OF way at all times, pro.
vidsd also That whenever City Council snail
grant permit to allow buildings to be moved
across the tracks OF said grantee, that said
grantee will, AZ It's own expen q and under ms
he wi md
allow such buildings to cross said tracks, and
" Ill at Its own expense repair ana replace such
wires 30 cut, sucn buildings to be moved with
al possible rap1dlty, aud with as little delay
and Inconvenience TO SAID grantee rs Is possi
BILE.
Section IL. II said grantee, its successors
ana assigns snail fail to perform or fulfill any
% the covenants herein contained, then after
sixty days notice. said notice To be In writing
and given by satu City of Owosso unto said
grantee, lts Successors and assigns, ano to con
Tain d clear ana definite statement OF the fail
ure or neglect complained of, the rights, privi-
leges interests, commission ana authority
hereoy aud herein granted shall thenceforth
cease and De forfeited, unless said grantee, its
successors and assigns, shall within the said
sixty days mentioned ABOVE, comply with this
ordinance In the particulars mentioned In SAID
notice.
Section IL. BY the acceptance OF this fran.
chise, the said grantee ito SUCCESSORS and as.
signs covenant and agree to identify and save
harmless the City OF OwossO from all losses
and expense 10 whicn 1t may be subjected from
any damage or injury that may 10 done or
suffered by said city by reason Of the construc
tion and opera ton Of said railway, or by the
use OF motive power thereon. or by reason of
Inc Negligence carelesSneSs or omission Of
said grantee, its successors and assigns or of its
or their officers, agents. servants, or en-
ployees, and the saiu grantee, its successors
and assigns, shall be liable to the City Of
Owosso for all costs and damages. suffered or
recovered against II in conseq uence OF an act,
neglect or default OF said grantee It's success
ors and assigns, in any Of the provisions Of
this ordinance.
Section ID. The grants, powers and priv
legeS conferred In this ordinance shall be ex-
tended and limited to u period Of thirty years
from the date OF It's adoption and approval.
Section Ia. The SAID grantee, its successors
and assigns, shall file q written acceptance OF
this ordinance with the city clerk OF the City
Of OwoSSo within sixty days alter the adoption
OF the came and upon said grantees failure so
to do this franchise shall OF itself be forfeited
and annulled.
Section Is. This ordinance and the accept
ance hereof filed with the city clerk as afore-
said snail De and constitute q contract by and
between the City of Owosso and the grantee;
Provided. however, that the same may be re-
voked by the Common Council of Owosso ut
any time. unless 1t shall be submitted to the
electors OF tue city at a regular or special city
election, and shall receive the affirmative vote
of three ifths OF the electors of the City of
Owosso voting thereon at such election, and
upon such proposition women taxpayers hav-
ing the qualifications OF electors shall be en-.
titled to vote, and Provided, further, that I'M
less and before such ordinance shall receive
such affirmative vote said grantee may sur.
render all rights and privileges granted and be
freed from all obligations imposed hereby.
Passed And approved this seventh t7th) day OF
February, ID. 1910.
w.D. BURKE,
Mayor,
ARTHUR Il. DUuOND,