Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1913-02-13

any OF SAID streets
Sec. Z. Nothing in this ordinance
shall be so construed as to preven
the proper authorities of the city o
Ashland from constructing and re
pairing water mains and electrical
conduits, gas mains, sewering, grad
ing, paving, planking, improving, re
pairing or altering any of saiC
streets, or other public improve
ments required by the city council
but all such work shall be done, i
possible, so as not to disturb, injurC
or prevent the full operation of sait
railways or system of railways.
Sec s. Said NJ. T. Minney, his
heirs and assigns, may charge and
collect from each passenger travelling
upon railways constructed under au-
thority of said ordinance, for each
continuous trip travelled by such pas
senger upon said railways, from any
point in said city to any other point
within the limits of the city of Ash
land. fare of cents and no more;
excepting for riding in or the use of
| observation cars, funeral cars, mail
cars, express cars, freight cars and
: other special cars, said NJ. T. Minney
his heirs and assigns, may charge
and collect such cocpenastion, rates
and fares as it or they may desire.
The said NJ. T. Minney, his heirs
and assigns, hereby agree that for
| the purpose of enabling passengers
to make such continuous trips from
any one point within said city TO any
other that he will issue transfers
from any one of the lines construct
ed and operated by authority of this
franchise, to any other of such
lines.
Sec. 8. All of the rights, privi-
leges and franchises herein granted
shall continue and be in full force
and effect for fifty 500 years from
the date of the acceptance of this
ordinance.
Sec. 10. All of the provisions of
this ordinance shall inure to, apply
to, and bind the heirs and assigns of
the said NJ, T, Minney.
Sec. II. The failure of the said
M. T. Minney, his heirs and assigns,
to operate any car line or lines
which he shall at any time construct
hereunder, as the term operate is
herein defined, continuously, shall be
held an abandonment of the rights
herein given as to the street or
streets or portion oi street or streets
upon which the said line or lines
shall have been constructed, and
such failure shall, without any ac-
ton on the part OF the city, operate
to cancel and annul all rights of
said M. T. Minney, his heirs and as
signs, on or to any such street or
streets, provided, however, that tenn
porary interruption in such operation
caused by some unforeseen accident
or calamity and continuing no longer
than such accident or calamity may
render necessary shall not be held or
taken to be failure to operate any
such line within the meaning of this
section
Sec. 12. The said NJ r. ,Minney
shall, within fifteen days after the
passage of this ordinance, file in the
office of the recorder of the city of
Ashland his written acceptance OF
this ordinance, and the franchise,
rights and privileges by this ordi-
nance granted to and conferred upon
him, his heirs and assigns, subject
to the terms and provisions in this
ordinance contained. And failure Of
the said M. T. Minney to accept this
ordinance within fifteen days from
the passage thereof, and upon the ex-
piration Of the time allowed for the
filing of said acceptance, the same
not having been filed, this ordinance
shall become and be wholly void, in
operative and of no effect.
Sec. 13. Said Nj. T. Minney shall
at time of acceptance deposit with
the city recorder his certified check
in the sum of one thousand dollars
($1 ,000), payable TO the order of the
city treasurer, which shall become
wholly forfeited to the city of Ash
land as liquidated damages in the
event the said M. T. Minney shall
fail to comply to tie terms and con-
ditions of thi ssaid franchise as to
the commencement Of the work OF
construction within eight months
from the date of acceptance, and
within one yea after acceptance
construct at least one mile of rail
way within the city limits of the city
, of Ashland, and upon failure of the
said NJ. T. Minney to accept this or,
, dinance and file said check within
fifteen days from the adoption o.
t this ordinance, said ordinance shall
e become and be wholly void, inopera
a