not interrupt the running of the cars on the first completed track. Sec. 4. (As amended April 29, 1889.) The track of said railway shall be laid in such manner as shall least obstruct the free passage of vehicles and carriages on the same, and the rails shall be laid flush with the surface of the street and shall conform to the grades as now established, or as they shall from time to time be established or located. The grantee, its successors or assigns shall be required to keep the surface of the streets inside the rail, and for two feet outside thereof, in good repair, and shall keep that part clean, and filth cleaned and removed therefrom as the common council of said city may from time to time direct; Provided, That in case the said company shall build and construct a modern electrical railroad system and run cars thereon by electricity, it shall not be required to make repairs on the surface of the streets any more than would be necessary to replace the same in suitable and safe condition and good repair in case of any interference with the same in making repairs to the track: And provided further, That, if any part of the pavement should become defective adjoining the rails of said grantee, occasioned by the use thereof by said company, then it shall be the duty of said company to repair the same and save harmless said grantor from any damage occasioned thereby. Be it further Resolved, That the time within which said company shall begin work upon said road may be and is hereby extended for the period of ten days from and after the first day of May, 1889. In addi Sec. 5. (As amended June 3, 1889.) tion to the right to carry passengers, as herein granted, authority is hereby given to said street railway company to convey over their tracks cars laden with freight, to be drawn by animals, or dummy engines using coal as fuel: Provided, That such cars shall be moved at no other time than between ten o'clock and thirty minutes, p. m., and six o'clock a. m.: Provided further, That the authority in this section granted shall not apply to or be exercised on any street in the Second, Third or Fourth wards of said city. Sec. 6. No cars shall be allowed to stop on a cross-walk, nor in front of any intersecting street, except to avoid collisions or prevent damages to persons in the streets. Sec. 7. When the conductor of any car is requir ed to stop at the intersection of the streets, to receive or leave passengers, the car shall be stopped so as to leave the rear platform slightly over the crossing. Sec. 8. The grantee, or its successors or assigns, shall employ careful, sober and prudent agents, conductors, drivers or engineers to take charge of its cars while on the road, who shall use every precaution not to do any injury to any team, carriages, or persons on foot. Conductors shall not allow women or children to enter or leave the cars while in motion. Sec. 9. The cars shall at all times be entitled to the track, and every vehicle upon the track of sail railway shall turn out when the cars come up, so as to leave the track unobstructed, and the drivers of any vehicle refusing to do so, shall be liable to a penalty not exceeding five dollars on conviction. before the recorder's court or any justice court of said city, and costs of prosecution, or imprisonment. not to exceed five days. Sec. 10. The cars, after sunset, shall be provided with signal lights. Sec. 11. Nothing in this ordinance shall be so construed as to prevent the common council, or its successor, authorizing the laying down of water or gas pipes and sewers, or repairing the same, and the grantee shall have no claim for damages against said city, or its successors, or against any gas or water companies: Provided, The work of laying down said water or gas pipes and sewers shall be done in such a manner as not unnecessarily to damage or injure railways or their use. Sec. 12. If the said grantee or its successors or assigns shall fail to complete the aforesaid railway according to the conditions prescribed by this ordinance, then the rights and privileges granted shall be forfeited (said company to begin work within six months from the passage of this ordinance, and at least one mile of track to be laid within one year) together with all improvements made upon said railways, to said city or its successors, unless the common council shall give to said grantee à further extension of time: Provided, If said grantee be delayed by the order or injunction of any court, provided said injunction is not obtained by reason of the consent, connivance or procurement of said grantee, and provided, that if the said grantee shall use diligence to have the injunction removed, then the time of such delay shall be excluded from the time of completion prescribed by the requirements of this ordinance. Sec. 13. The said grantee, its successors or assigns, shall, at the expiration of every year, render in writing, signed and sworn to by their president or secretary, a full and true account to the recorder of said city, of the amount of capital stock of such company, and shall pay to the treas urer of said city, or to the treasurer of its successor during the next ensuing five years, the sum of one quarter of one per cent on the whole amount of said capital stock as consideration for the privileges herein granted. Sec. 14. In case the said common council, or the council of its successor, shall deem it for the interest or convenience of said city, or its successor, that a line of said railway shall be built on any street, and the same shall be demanded by the business of said city, they shall give said grantee, its successors or assigns, notice thereof; and unless said grantee, its successors or assigns shall build the same within two years after such notice, the common council may declare this grant void as to such streets: Provided, That the grantee shall not be notified to build over one mile of any such railway in any one year. Adopted October 10, 1887. BAY CITIES CONSOLIDATED RAILWAY CO. An Ordinance Granting a Franchise to the Bay Cities Consolidated Railway Company, Its Successors and Assigns, to Construct, Maintain and Operate a Street Railway on Certain Streets of Bay City and Defining Its Rights, Duties and Privileges. It is hereby ordained by the Common Council of Bay City: Section 1. That consent, permission and authority are hereby given, granted and vested in the Bay Cities Consolidated Railway Company, its successors and assigns, to use all the streets in said Bay City, excepting all of River street and all that portion of Water street extending from Sixth street to Fremont avenue; also excepting all that part of Water street extending from Third street to Trumbull street, for the purpose of constructing and laying a single or double track, with all necessary and convenient tracks for turnouts, side-tracks and switches in and along the course of the streets and bridges in said city, with the exceptions aforesaid, and the same to keep, maintain and use, and to operate thereon railway cars and carriages in the manner and upon the conditions set forth in this ordinance: Provided, Said grantee, its successors and assigns, shall petition the common council and obtain its consent, and the consent of three-fifths of the abutting owners of property on any street or part of street, before it shall erect any poles, string any wires or lay any track upon any such street in said city. *Sec. 2. The rate of fare for carrying passengers from any place on the line of said railway in Bay City to any other place therein, or any place in West Bay City, or from any place in West Bay City to any place in Bay City, shall not exceed five cents for each passenger: Provided, however, that said grantee, its successors and assigns, shall keep for sale and sell at its office for one dollar and fifty cents ($1.50) books of fifty tickets, good for fifty passages between the points above and for the distances above stated; but said tickets shall be accepted thereon only between the hours of 5:30 and 6:30 a. m. and 5:30 and 6:30 p. m., standard time, on week days. *Sec. 3. The cars of said grantee shall be made of the most approved kind and make in use on similar railways in other cities, shall be kept well heated in cold weather by the latest improved car heating devices, and shall be run provided with signal lights in the night time. The cars shall be run at intervals of not less than one half hour at least seventeen hours every day, commencing each morning at five o'clock, standard time, and shall be run at a rate of speed not to exceed eight miles an hour, schedule time, in that portion of Bay City bounded as follows: On the north by Second street, on the east by Grant street, on the south by Ninth street, on the west by the Saginaw river, and also during school hours in front of all blocks upon which school houses are located; on all other streets, such cars shall be run at a rate of speed not to exceed twelve miles an hour. The said grantee *Amended June 9, 1902. *Amended November 2, 1903. |