The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-07-04


railroad company under the direction
and supervision of the city engineer
or other authorized representative of
the mayor and council of the city of
Brunswick and at the expense and
charge of said railroad company, and
if the change or alteration is that or
water or gas pipe or main, then the
same shall be done under the direc-
ton and supervision OF the owner or
authorized representative of the own
er of such gas or water pipe or main
and at the cost, charge and expense
Of said railroad company.
Sec s. Be it further ordained by the
authority aforesaid that in the event
any break or injury is caused to any
of the sewers or drains upon the
streets traversed under the authority
of this ordinance by said railroad
company, in the construction of said
track or the work incident thereto or
by the operation of it's trains the said
railroad company shall promptly re-
pair or cause to be repaired under
the supervision and direction of the
city engineer, or other authorized rep
resentative of the mayor and council.
all such breaks or injuries, and if it
shall fail or refuse to do so prompt
ly then the said mayor and council
shall cause the same to he done i'm
mediately and the cost of doing SO
shall be borne by the said railroad
- los, s-+s th.o t..,,O
intent and meaning of this ordinance
that said railroad company shall hold
the said mayor and council harmless
as to any and all damages, cost or eX-
pense incurred thereby, directly or
indirectly, by the laying of it's track,
or any work incident thereto, or the
running and operation of its trains
or from it's use and occupation of the
streets provided for by this ordinance.
Sec. 8. Be it further ordained by the
authority aforesaid, that in the event
any dispute, disagreement or contro-
versy arises at any time as to any liza
bility, or alleged liability, upon the
part of the railroad company under
the terms of sections and s of this
ordinance, then such dispute
or disagreement or controversy shall
be referred to arbitration and award
of two civil engines, one to lie Sc
lected and chosen by the said mayor
and council and the other by the SAID
railroad company and if the two thus
chosen and selected shall fail to agree
then. they shall select "a third civil en-
eineer, and the three thus chosen shall
determine. the uestion submitted to
fthem; the decision ora majority IL
the members being sufficient to decide
the questions submitted, and upon tpA
making of their award the same shall
be done and performed by the parties
concerned: said arbitration shall. he
upon the demand of either party. The
expense of such arbitration shall be
:. orne equally by the city and the RAJ.
road company
| Sec. TO- BE it further ordained oGy
the authority aforesaid, that safduAtl-
road company, its successors and as
signs, shall always be subject to all
| ordinances and regulations in e,rce,
or which may hereafter be enacted by
the mayor and council of the city of
Brunswick regulating and governiig
| and running and operation of freight
and passenger trains and cars, haul
ing of freight, shifting of freight N
| cars and charges therefor in 50 far u
| the said mayor and council ma; have
the legal right to so regulate the
same within the limits of said City
and the use and occupati IN of the
streets and squares and allies with
said railroad tracks
Sec. IL. Be it further ordained by
the authority aforesaid that the right,
privileges and franchise herein
granted are granted and given upon
the express condition tina: The mayo:
and council shall have full right and
authority to revoke, forfeit and an
nul the same should said rail. III
company ever pass into tn control or
ownership Of or be operated by any
railroad company, or the sH1 ce%soi !
or assigns of slch company, now hav-
ing q line of railroad in said city, Or
if said railroad company should ever
paes into the control or oanershn, of
or be opera.ed by an5 .ailro1d cor
pCration which may hereafter con
struct line into said city.
Sec. -. Be it further ordained By
the authority aforesaid, that if the
said Atlanta, Birmingham & Atlantic
Railroad company, IFS successors or
assigns, shall violate any Of The mate
rial conditions connected With the
grant hereby made and shall continue
so to do after notice thereof BY the
said mayor and council Of the city of
Brunswick to said railroad compary,
its successors or assigns. then and in
that event the grant made by THIS orGl-
nance and all the rights ami privileges
connected Herewith may he declared
null and void by the said mayor and
council and time fixed AMI published
h,y L.. ~