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TWELVE
Letter of City Attorney Peebles To Mayor
Littleton Transmitting Draft of Ordinance in
Regard To Georgia Terminal Company Matter
Auguata. Ha , May 18th. 1916.
Hon Jimffl R Littleton. Mayor City of Auguata,
Augusta. CSa
Itoar Mr In compliance with your requeat, I
haw drafted form of Ordinance for grant of a
franchise to the iiropowd new Terminal Company
which Mr Rraml intends raanllmt for a period «4
25 year-, and herewith enrloa* you co r»y thereof
Thin Ordinance la the product *of nnmeroua confer
ences In-tween Mr Ilrand. Bryan Camming. K*q.,
the Joint < .rumliter from Council and Canal Com
mission. representatives from rartoua tmalneaa Inter*
chi- Including the M AM. and rnyaelf
Am a member of the Joint Committee from Coun
ni #nd tt,.- Oua] CoomWon, i do not iririfa to
In- understood h» approving this Ordinance., —my po
alt lon simply lx-ln* that If an eirlualvu franchise
for 25 years la going to In granted, the Ordinance
herewith enclosed, with Uie suggestion!, herein con
tained, in my opinion, will protect the interesta of
the city aa fully a* I have toei> able to do so
The method* adopted whereby tills draft has been
evolved are a> f< llow-s About three weeks ago. I
made a rough draft of an ordinance and aul-mttled
It t.. Messrs Brand and Camming They. In turn,
submitted rue such changes aa they saw fit to sug
gest 1 then made such changes as I thought tier
ressary It their draft The result has been a con
stant interchange of proposed drafts betw-eer. us. and
the enclosed la my final form .4 draft
It should t*e noted that If Council permits tfs* Ter
mlnal Company t< go to tile Kadern aide of Kltort
street aa ;»t thn Brand-Camming c.raft cf the ordi
nance, It will nio tie neieasary for It to procure any
further auth »rlty from the city tc go Kaat of nr be
low Elbert street until It strikes another street In
order to lie-iga agairut this proposition, you will note
that. In my draft, I have provided that the Eastern
terminus shall to on the Western side of Elbert street
I have tii my jMmoeaalon a filial draft of the Brand
and Camming ordinance handed me yeaterday by Mr
Brand, in winch It la proposed Mint aa to the Au
gusts A Mummery!i |r tracks, on the expiration of the
pnwnt contract, tto rigid of user of the Ajgusta A
HummeryUh tracks and the streets covered by that
contract .would lx npwn t. adjustmerd My draft
provide! that their rights shall terminate In March.
1926. but that the. expiration of thla contract shall
not affect the TrrtnlnnJ Company** use of Ita own
tracks tor a full iierlod of 25 years I think It the
part of wisdom not to give at this firm the Ter
mlnal Co any implied right to use these tracks after
March 26, 1828 Conieqnently, I l*o |
that they shall have no rights as to tha Augusta
A Hutninervllle tracks un!rNs council confer the same
after the expiration of the present contract. In which
event, auch tracks as tr charges shall to treated
as a continuation *f the Terminal Company’s own
line If tlx i infract |h renewed the Ilrand t urn
ndng draft also pr< vldes the A and H tracks shall
lx- treated as one line as to rates
The Brand i 'warning draft (Bar 15) pr ixisea that
the other railroads shall have the right of user of
Its main track frit.; its Western terminus at Inter
section of Mclntosh street and the I*vee and It*
Eastern terminus at Intersection of Kltiert and Bay
streets, ami (or) Its tracks on Washington street
which tnsv connect with Hie Houthcrn Hallway and
tori with the ttack formerly owned by Augusta and
Hummerville In said street, ami (or) the tracks In
Itav street, leading from the terminus at Kltiert street
to Center street, serving the City Wharf, for the pur
pose “f making Interchanges with each other, and in
making deliveries to and from the City Wharf, upon
an equitable hash to he determined by arbitration
At the suggestion of certain members of council
and on my own volition, I have Included in Bara
gnu.n i of Sectiot IS -f Ordinance .paced by im
In in U f ttu the propoalUon In Brand
< miming ordlnanci that .nly t)ie tracks ahovt
named should to used by other oorapanlea upon nn
equitable basis .the provision tnat the use of all
truck- of tin Terminal Company should lie granted
h> all lln railroads upon an equitable basis
I might add that Mr Brand has authorised rne
to state that If council siiouid see fit to provide for
the UM ot nil the tracks of the Termini.! « (npailf
by tin- other roads upon an equitable basis, that lie
will not accept the franchise.
The argument la used that aa other roada have an
exclusive tight of uaer of their Industrial <>■ eld.
tracks leading to Imluatrles or warehouses. It would
not to fair to the Terminal < oinpany to permit
oilier railroads to compete with the Terminal Com
pan*. (In effect the (leorgla II It l aa to hunlneas
located »i said industrial or side tracks leading to
warehouses of Industries Ttlfa arguOMHl! la not
without weight Coder the Brand pr'ipoaltlrMi. other
roads could pay th. right of user to go to City
Wharf, but o uIJ not use sidetrack* to warehouses
along the tracks of Terminal Company, hut would
i,m, to delivai Rhlpmanta dasttnao to such ware
Ifus.-- to tlie Interchange track of the Terminal Co.
who would then deliver the same to the warehouse
oil the line of the Terminal Co . and collect from
the alter carrier a transfer charge Thla trana
fir charge would not hr abeorlted by the other
transportation company, us I undaratand It. except
when the element f < napetlttun enters Into a ship
tnant utlicienily sirong to bring about the alworp
tlon
For ex ample, a*' to a carload rs freight moving
ran Itrutiith t-. « warehouee r lnduetrj oi
111 Utu of Mm Terminal Company, the switching
charg« of the Terminal Company would ba absorb
«il liy tlu- line which handled the freight. herau*« of
in. element ol • mpetitlui On the other hand, on
a shipment moving from anv l< cal station ot> any
railroad the switching .barge f the Tirmlnal Co
would Is In addition t< tha rut- and would ha paid
bv the public, and would nut ba abatMlMd by the
railroad company lu other words, when It la a
competitive thr. ugh rati-, the charge Is absorbed, hut
When a local rate Is Involved, the charge Is added
You win nets tbm the ordinance, a*. .trailed, does
n..i (xintemplati s Joint Terminal ( otspaiu that is a
Jot - (.wnershlp by all tin- railroads, auch aa ti<-
Augusta A Summerville tracks arc now ulcerated un
der The .'Jri-llon which has been urged to till*
Join* ownership I* that If >»u wanted a sidetrack
unde* a Joint .wnersldp proposition, the consent of
all the road, would have t be obtained to put in
the aide track and * maj rlty •>( the cmpanls
jx.Bi-d t . rivet traffic or the development of the rlv
cr ixiuhl possibly hamper the levelupansnt thereof
A« a .-oiiipromlae between Joint and exclusive
pr in i ii.iwlktlr ownership, it lias t>eeii suggest
rd. Slid to my mind Is really (he sensible thing
amlpoint ..I the ultimate
the .tty Ida! the iranchtM- be granted under (hr
con littfiiis < t forth In tin Ist paragtaplt of Section
15 of th enclose.l . rdlnan.-e a* t > the use of alt the
ttack on an equitable baste safeguarding th.- gams
with toe art.ltratloii provision I mler this arrange
ment ,f a side iia.k wire wanted, the tnly road to
Ik . ulLed would is- the Terminal Company, and
th< ether i -ads would have in run and operate thetr
I<>< oinotiv. - and car* < n tills i. rmi'-al companv's
tra I mde i.-asouahh rules and regulations oi tha
Terminal C.-mi>any. which rules wouhl apply alike
t- the T. rmlnal Company Thla. In rffect woul.l
on ,?•. tin r. .nn. n «*f Umllortl and Tenant the
'I rt-unal Company owning the tracks, and pri
tnu do rules toi the operation thereof, and the other
roads i ouhl lieve the ue« .if tin tracks, paving au
«• - ... this equitable aura mlng
baaed of t • i rttw of tt" Venal
nsl « . .i-i<an> and a reasonable return to the Ter
mlnal Company tor Its Inveatment. and also the coat
trf ire. -nsary up keep maintenance and renewals I
understand the general method la that the tenant
line, pay a reasonable return on th. investment In
volved aid then s proj rtlonau share <-t madden*
ancc upkeep, etc . on the basis of user
It city council should decide. lloWevet. to rfeatrlrt
th- tight um r by other railroads to the main Hue
and certain other tracks pre*«r|hcd In the patagraph
trhctlun lit ot the ordinance .Igaftetl hy me. as
was developed In a conversation with a represents
tit, „( t uatness Interests. It Is o( the most urgent
Beccssltv. I consider, that council provide that It have
the option In the tutuve to require the right »*f user
front and albt March .hi IM.'ti by all rallmada utsm
a-'equitable basts to Im- determined by arbitration I
sav urgent nesv-sslty." »o that, tti the rveut somr
future council should permit the Terminal Co to rx
tend Its tracks to East Boundary and practically
d-> away with the necessity of the Augusta A Hum
mervllle It H except u. to a few liwiuatrlea, tin
council would tw m a most diaadvantagcMis istaltion
when it mulct takes to readjust the railroad allua
lion which will have to l*r re adjusted from March
m,, jttj,. |f rou wilk make this iirttvtalon and de
ct.ie to grant to the Terminal Co the ilghla and
liauctdscs. 1 cannot see where the interests ot the
uppers and Terminal Cuenpany wmikl not is
piob'.trd amply and fully muter thla ordinance
As to Transfer Charges under He- 15 of Ilrand
Camming ordinance, thet. Is a pr»*vi#U*n that the
transfer charges now In ..iteration as lo the other rail
toads shall remain unitl March ye. 192 A that Is
th. Terminal Company will U and lecmn. a par tv
lo the railroad contract of February IK. I**7 Thetr
drntt of this ordinance la that after the expiration ot
said contract on March Jt). I*l6 m* n Hie term!
nation of the effective i**rtod ot such contract, or
any renewal there**!, for transfers of like character.
and for so.lt service, the Terminal (oinpany will
t hstge a ct.nslgnor or tstiwlglies- IMt rtt'erdlng tun*
dollar !>er cat lor such I,sal transfers, during the
remainder of it* franchtar. except where the railroad
.# rattKMula to t*( (turn which the transfer la matte
charges tl« Terminal Company for the movement of
the car upon such other radrttatl or ratlrvaita' track*,
and, in that event, the Terminal Conipativ will charge
In addition to said fl i*e. car only auch antoum as
tr ts netesaarv to reimburse tt for the amount that
tt la lequirvd lo pay au«h other railrvutd or rati
In other word* th. agreement to make a maximum
|V o. Ice is deiM-ndrnt upon thr renewal of the AU
gosta A Hummerville contract It may tw- that on
March Jd. IS.'K the «-tt.v may a«l wish to renew this
contract, or it may de. hb> to require the taking up
id the Augusta A Hummerville tracks In ’Aashing
ton Street Tire Brand t umming ordinance doea
not agree that If after March ?oth ItfK. the
• •tlver railroads are field t < a maximum charge of |l
over dvelr own lines or t< $J per car over more
than one line the maximum chatge of f. car
shall mu tw increased by reason of the transfer'*
nai I'uaiiaiu
My draft would. I think insure a maximum tale
of $i prr .at aftn Marrlt t»-|a as lona as the oilier
thetr own line, or to t> per car If over mow than
X ruler the Brand Cummtug ordinance there la no
provision .otiuw-IHng the Terminal t'ompattv to turn
toll cars lor transfers from the Boat line A. I
valuable (ran. hiss la to develop River Traffic I wee
tm teaarur why live rtty should not Inatot upon the
tuo|Hwrition that this Terminal Company Myall turn j
lah .'are and shall make local tra osiers The Brand j
Cumming urdtnancr state* tt.at tha Tciminai r ..to j
it. . -ske to tut malt these cars but j
( k#« iotdigate to fnrntali them
dßleren.es hrtween tlw Brand t'mumtng draft amt j
my draft of this ordlnarne. but aimply to stress and
call attentl.xi to some .4 the vital iwvtnla d dltter |
riMV Involve*!
Mine la trot a legislative function, and 1 d«* trot
m.-an hy this letter, to dictate to city council wt.at
tt sliail ur si is tl nai .to 1 merely wish to put my (
writ tat record an tliat. if osittrll slruoUt gel tut*. I
muddy waters lt> respect to tl.ts Franchise It can
not le hereafter said that It dUI not have full ]
knowledge of what It was < lot tig
Very truly yours.
IHAAC K BKEBI.FH JR
City Attorney 1
AN tiß|i|\AN(Y
TO Al THOHIF.k THE CONHTRt tTION AM*
OBEttATION Ok A B All Itr t,\; AlA*\ti AM>|
ACROBH i EUTAIN HTHFFTh AM* BROI't'HTI i
*»F THE CITY OF Altlt'MTA. AM* FOB OTHER \
M Hci« a* Charles A Wi-kersham and his aiwo
nates ~*ntem;ilat« live burning .4 a ailr\«ad <T<rp<*a *
tbm uttrlet tlw general Railroad Ua« .4 tlw mate I
of Oeorgla. under tlw t ame .4 H«vannah River Te» j
minal t'umpany ' ur aom. such stmt tar name fur the I
of constructing and otwrating a tin- .4 rati
way along thr route lw*reina.fter set out. and.
0t Augusta lot th« ‘(ganiaau,4i u( auch .-.eiwea'tm > -
for the construction and operation of such Hall
way along and across certain streets of the city
ami certain city property hereinafter set out, before j
entering into or proceeding with such work
Now therefore, the City Council of Augusta hereby
ordain* as follows;
Hertlon 1- That the corporation, when formed hy
said Charles A Wb-keraham and his associates, and
organised under the laws of Georgia for the purpose
of constructing and operating a railroad In the City
of Augusta along tin- route hereinafter set out, and
to )n- known by the name of Havannah River Ter
minal Company, or some such similar name, and
hereafter referred to In this ordinance as the Ter
mlnal Company, shall he and Is hereby granted, sub
ject to the reservation of Unction 2 hereof, for arid
during the term of twenty-five years from the date
of the Issuing of the articles of incorporation to said
Terminal Railroad Company, a right-of-way not ex
ceding thirty (20) feet in width on which to lay
and maintain Its railroad tracks, and operate its lo
cumotlves and cars thereover, by steam, electric, gas
ollm. or other jx.wer that may be practicable for
such porixisc*. provided the streets shall not k- un
necessarily enctimtierad hy jxdes, wires or otm-r ob
structions, on and along the following streets and
proiN-rty of the City of Augusta, to-wlt: From a
ixrlnt Just A’est of Ellx-rt street at its Intersection
with Bay sreet, on and along Bay street for about
half the distance betw»«-n Klix-rt and Center streets,
thence curving to the Houthwest through the Idock
iNiunded by llay. Kltiert. Reynolds and Center streets,
across the fidlowing lots owned by the City of Aligns
ta. to-wiu Four Jots on the Houth side of Bay street,
tfea WgaMrmoft of said lots baglnolnf at a point
two hundred and aeven and two-tenths feet, more or
1.-ss, East from Outer street, extending thence
Kssteriy and having a frontage as a whole ot two
hundred and seventy five and three-tenths feet on
Bay street, and running back of varying widths,
hounded North liy Bay Street, East by other prop
••rty of the City of Angus'!. Houth by tots of It It
MeCowen, K -I Krheldlng. V. T. Maxwell, and an
alleyway -wparatlng It from lots of M. E Walton and
F T Maxwell, thr.-'igh which a right-of-way Is
hereby granted said Tct.r.mal Company for the pur
pose of building and maintaining and oix-ratlng It.
said railroad of thirty (80) feet width, thereafter
crossing Reynolds street a short distance East ot
Center street, thence gnlauaily curving more to the
West, through the block l»ounded hy Reynolds, Elbert,
Bro»d and Center streets, and crossing Center street
a short distance Houth of Reynolds street; thence
through and along the block hounded hy Reynolds
street, Center street. Broad street and Washington
street, across Washington street at a point, between
Reynolds and Broad streets; thence curving In a
Northwesterly direction through the block bounded
hy Reynolds street. Washington, Broad and Mein
tosh street*, passing from said block, and crossing
Reynolds street between Washington street and Me
Intosli stre.-i; thence firsi In a Northerly direction;
thence curving lu a Northwesterly direction through
the block boufu'e.l by Waslllllgtot street, Reynolds
street. Mclntosh street and the Levee, passing from
the last mentions; block near ilx Northwest corner
and curving I? a Westerly direction and crossing
Mclntosh street so as to In able to form a r-oniiee
tlun with the tracks of tlie charleston and Western
Carolina Railway Company, or the Augusta Terminal
Railway Company, also the privilege and duty of
constructing a branch line for track or tracks from
the atN.ve describe.! main line on Bay street to run
Westerly along said Bay atreet to a point at or near
Outer street, also to construct a branch curving
from said main line of track from a point in the
block hounded hv Reynold*. Center. Broad and
Washington afreets, curving In a Northwesterly dl
reel lon across Reynolds street and Washington atreet
a I or near the intersection of Hevniolds street and
Washington street, so as to In- able to form a con
nection with the tracks *.f the Bon them Railway Co
on Washington street near or just North of the In
tersection of Washington and Reynolds streets, also
a branch leading off from main line of the track
alxwe described In the Idock tNUirded hy Reynolds.
Washington, Broad and Mclntosh streets, In a
Houtbeaatarly d traction in and along Washington
street to a connection with the railroad tracks now
existing and oiH-rated on said Washington street at
a poln! a short distance North of Broad atreet, as
per the plat nil file with the Clerk of Council Identl
idled hy the signature rs tiin mayor and W. S
Brand, one of th* Incorporators. Maid rlght-of way
or privilege shall embrace (lie right lo construct
either a single or double line of (racks along and
across the slrc-tx Indicated, and if anv of the privi
lege* of this Ordinance are availed of by the Ter
minal Company, aai.l Terminal Company shall lay
In Bay atreet not leas than two lines of tracks and
shall from time to time lay additional lines of track
In said Bay street as, when In the judgment of
Council, the necessities of business require
Mention 2 The City Council expressly reserves the
right to iicrmlt any railroad now entering or that
may hereafter enter the City of Augusta, to make
ronnetclon with the Terminal Company's tracks at
any point on ur along Bay street lietweeu Center
atreet and Ellxrt street, and al any point where
said tracks urr loottad OB th* null, ot tM ©Rf far
Ing on Bay street, and to use said reserve.t tracks
as fully and to the name extent as used hy the Ter
minal Company, provided nevertheless, thai any such
railroad company shall pav to the Terminal Com
pany one half the coat of the physical property ly
ing on Bay street liet.vc.-n Elbert atreet and Center
tffMt, and located on Mid city realty lacing on
Itav stteet. an I shall. In addition thereto, pay one
half the value of the necessary renewals of all of
said Hack* and one-half the maintenance anil up
keep thereof, and should a third railroad make su.-h
connection, after Council' aoncent procured, auch
third roa.l shall pay to the other nireratlug roads
ita proportionate share of auch cost ami mainten
Blur and renewals
Meet ion It That the Terminal Company shall In
demulfy and save harmless The City Council of Au
gusts against the following
(1) Any and all elainti of the owners of projierly
abutting upon the streets through or upon which it
may <>i>eraie Ita tracks In pursuance of the rights
conferred upon it by virtue ot thla ordinance, f.-r
damages resulting from such operation
(2) Against all claim* for damage-, to i>er*i>ns or
pruperty arising hy reason of the operation of the
l.»c.motive* and car* of the Terminal Company
thiough or tijH.M said atreet* In the City of Augusta:
(S) And agaiiiNt any and all damage* suffered by
the Terminal Company hy reason of obstructions to
*ai.i street* ami consequent delays to Its arising out
of the necessary laying, relaying, alteration or repair
of said streets, or of ga* or water pipes, electric
conduit*, drama or sewers laid thereon, when the
same shall lx- made hy authority of the City Council
\'or shall the said Council I* liable to said Ball
road tor any damages which may be caused to it by
reason of repairs to streets along or across which it*
track* may he laid.
(4) As against all damage* hy the Interfer
en.-e of the Terminal Company with the vested
tights of any pergon natural or artificial.
He.flon t Said Terminal Co shall not only hold
the City Council harmless from any claim for damage*
to persona or property resulting fro mthe construction
of said railroad, both In Its preparation, us well a* i*
the xuhaeqtK nt operations thereof but in t(.#■ cot
«fruction ot said railroad the street* nhall to* left in
a* good .-omlltlou as when the work was begun, and
all ihe work connected with the construction of said
railroad within, along, and >w.-r the street* shall to*
done under the aufiervlalnn and control of the Com
mlssioner of I’uhllc Works and Streets and l*ratn*
l*rparimmt of the City Connell
Section 5 That the track* of said railroad where
laid along, upon or act.ms street*, sidewalk* or a I
lays or over city realty shall lx* laid down in the
most approvrd m.xle of constructing railroad, and ail
itacko. turnout*, crossings, switches, and sidings,
shall likewise lie kept drained and of even grade
with the streets, so that carriage* and other ve
hides can ernes thr said railroad track with ordi
nary east* without damage upon or along said streets
occupied hy said railroad
Meet ion (i That upon notice by said City Council to
•aid Tnmlnal Company that It has failed at any time
to fulfill any of the requirements of this Ordi
nance. stating wherein the failure consists. |f the
default is not remedied hy sahl Terminal Company
within ten days after the reception of said notice,
then the City Council may Itself proceed to have
such default remedied hut at the expense of the
Terminal Company
Meet lon 7 That whenever the City Council. *.r Its
authorities, shall change the grade of any street
upon which the tracks .4 said railroad are laid, then
said railroad shall, at on«*e. change It*, track* to
conform to the altered grade of Hie streets
Meet ion K That whenever the City Council shall
determine to pave or re pave any of said streeta on
which aat.l Company's tracks are or mav In* located
with Belgian blocks, asphalt, granite, brick, or other
material, then «ald Terminal Company diall tn* re
qulred to prepare Its Hack* to re.-elve and accom
modal* *uch material a* may In* determined upon
by the City Council, at the Terminal Company's ewu
expense, and shall pav the cost (or paving or re
paving a strip measuring seven and one half t7V*>
feet lu width on each side from the center Hue .4
each tra. k so aa to require as to each track the pav
ing by the Terminal Company or a strip ftfi.-en <|M
feet wide and where then- are more than one tra.*k
th** Terminal Company shall pave tu addition to the
above the entire width hetwen tracks In Ihe event
said right-of way should le hereafter widened by
Council
Heotton f* Thai In ih# .vent said Terminal Com
panv shall cross any bridge upon anv street tu the
City of Augusta with Its track*, tt shall tv the duty
of »atd Terminal Company to lay It* rails flush with
the Hour of the bridge, or If laid u.vn 'he floor
then to re-oover the floor In such manner that the
top surface of all Ita rails shall hr flush with the
floor of the bridge amt shall keep It so during the
Iteri.sl of such use. and shall pav Ita prointrllnnate
share for the upkeep amt maintenance of said
l*t id*e to*Wit One half thereof, the Citv Council
of Augusta to hr the sole lodge when such bridge
or bridge* shall be repaired or rebuilt, provided,
however, this section shall not he construed as a per
mil to cross anv brldgc
Sectton IP Thai (he running speed of engines and
ears shall be tubjorl to the Ordinances of ihe Coini
cl I now tn rxtstence or mat to hereafter ordained,
aitd the construction and map-tsnaiu*e ot said track*
a*id running .4 cars and Inra—BfNra therein shall
always be sul.Je.-t to the tsdlce p.vwer of the (Tfy
of Augusta now or hereafi.-r provided
Beotian It Hal.l Terminal Company shall be sub
Jeri to toar Its just and equal burden of taxation,
and sitall at no lime claim any exemption there-
HrctlonlThat during the existence of thla grant,
ilw Terminal Company shall par tn a.tvan.e tc the
City Conned for each year, counting t. March Rtk.
I*l Y •• •« entire year the sura of sixteen hun
dred and sixty six and sixty six one hundredths dol
lars for the privilege of using and .svupyuvg the
streets herein granted and fur the consider at 100
hereinbefore art .wit, and without further pavmeut to
th. City Council the Terminal Company shall be
and tNNNwue tomnd a |»arty to a certain «xwttract en
(Vunctl of Augusta the H mthern' Natlway C.unpanv
tlw Central *4 Oeorgia Hallway Company ami live
chariest* -n and Western Carolina Railway Company
amt sitall be rum bound by each and eeery cxmuvani
therept .-.attained and imposed u.ptu* t-artte* .4 the
ami privilege* thereby rxvnferred. end shall pay to
the parties .4 the m -end i*art to aald agreement an
equitable prvgstrilon »n the value ami coat ot main
taming and necessary renewal! (4 the triui ve
qulred under said agreement, provided that m»th-
Htg lieretn ...ntaliwst shall he rvmstrucd as relieving
arty of the mher parties tc said contract tosn any
«4 the .*t>hgation. therein aasumrst and from paytug
the City Cmari) the sunto therein fwqulred. ami pm
vtded that live rißtttkq .4 *«i.| con tract rbati not
after 1 thetr rights, privilege* ami obligations in ref
eeetwT to the Terminal Company's -wn separate
track but as to live Terminal Company '• ~«m tra<it«
this fianchtoc «-r grant shall ciuitlttue for the full t*e
«*nrt«uatt.wi of the Terminal Company iwovldelr that
n.dhlixg herein .\oustn.il shall I he construed as an
riiemmu* *4 tune tvyoiid Man b l »th |t».*4 fv*r the
use by the Terminal t -uipan* «4 tlv fra<-ka rwferrevl
lo tn said contract, and provided further that mdh
tng lieretn cuntatned shall i« eorystmed to i«enatt the
iracb* « lee. vibe.| in *aM c- ntra. i to he tteate.l bv th *
Terminal C«»mp4nj as tar* a lu*e other than a« a
continuation of lu own line as to rates and charges
during the evxlstence of said contract; that la to say,
to March 20th, l»2fl, and if at or before the expira
tion of aald contract of February lkth, IM)7 the City
Council should renew or make a similar contract with
any of the railroads originally a party thereto, or
which thereafter became parties thereby. In the event
flic Terminal Company should to or become a party
thereto, then the Terminal Company, at Its becom
ing a party thereto, shall treat the tracks described
In said contract of February 18th, 1H97. aa to rates
and charges, as a continuation of Ita own line; and
provided further that nothing herein contained shall
be construed as a release of said Terminal Company
from paying to the City Council all lawful taxes
upon Its physical property and franchises; and pro
vided further that there shall to no abatement dur
ing the life of this grant a* to the payment of said
annuity of $1.668 68 after the expiration of said
contract on March lftrh, 1926 nor a* relieving It
from the payment of the rental required in Section
18 of this Ordinance.
Hertlon M That this Ordinance shall not be con
menced within ninety days from the passage of thla
Ordinance, and shall to finished and in operation
within nine month* from tin- passage of this Ordi
nance, or else this Ordinance shall to- null and
void Provided the time the Terminal Company Is
restrained by injunction or other legal proceedings,
shall not to counted a* against the time limit.
cKctlon 14-That thla Ordinance shall not to con
str-ied as to confer upon said railroad the right to
Interfere with the vested rights of any other railroad
Heel lon 15 That In addition to the payment of
the annuity of 11,666.66, as herein above provided
for, and as further consideration for the privileges
gra d-d by the Ordinance the Terminal Company
•hall, without discrimination and respect to service*
or charges, switch for account of all railroads that
now «>i may hereafter enter the City of Augusta, • ars
to ami from warehouses and Industrie* situated with
in the present or hereafter established switching
limit, of the City of Augusta to and from
such Interchange points a» shall or may* be
arranged between the Terminal Company and such
other carriers, and further, In consideration of an
equitable sum to to paid lo It by auch other road*
n* may avail themselves of the right, the Terminal
< oinpany shall grant to any or all railroad* now
nitrating Into Augusta or that may hereafter ope
rate Into the City of Augusta, subject to the rea
sonable rules and regulation* of the Terminal Com
pany a* to the o|teration of locomotive* and car*
wlilrh shall apply alike to the Terminal Company.
Hu- right to use any and all of Its tracks, main line
track*, single track*, side-tracks, spur*. Industrial
track* nnd switches that may to at any time laid or
constructed In the event the Terminal Company
and such other railroad or railroad* a* wish to avail
theniHclveH of the foregoing right of user cannot agree
on what arc equitable terms, then the question shall
In uhmltted to arbitration. The Terminal Company
appointing one disinterested arbitrator, the other
railroad company or companies, as the ease may to-,
choosing one other disinterested arbitrator, and If
Ilten,- two eannot agree, then they shall select a third
disinterested arbitrator, and the finding of the arid
trators so chosen shall be binding upon all the rail*
road* parties thereto; provided nevertheless, that this
provision a- to equitable sum and arbitration shall
not he construed to eonflirt with Heetlon 2 of this
Ordinance where another railroad or railroads shall
Wit » the consent of the City Council, connect with
and use the tracks described in said Heetlon 2 under
the terms thereof
(Not! There being a conflict of opinion among
certain coiinclimen as to whether or not the right of
user provided fur in the first paragraph of Heetlon
}, "‘""dd to as to al! of the tracks of the Terminal
( ompany or as to the main line and certain other
tracks In the event Council should decide to adopt
me Terminal ( onipany’a proposition to restrict the
luck* of the Terminal Company that may he used
b> other railroads uinui an equitable basis, then in
Ueu of the foregoing rirst paragraph of .Section 15
should to Inserted the following:
r T!' *° 1,10 P»ment of the annuity
or f1,66b to. as herein above provided tor, and as
furl her consideration for the privilege* granted hy
this Ordinance the Terminal Company shall without
discrimination with respect to service* or charges,
hu nli for account of all railroads that, now or may
hereafter enter the City of Augusta, car* to and from
warehouses anr| Industrie* situate within the pres
ent or hereafter established switching limits of the
*t.v of Augusta to and from such interchange
jNdnts a* shall or may to arranged between
the Terminal Company and such other carriers,
and further, in consideration of an equitable
sum to he paid to It hy sui-h other roals
a* may avail them wives of the right, the TermlartJ
i ompany shall grant to any or all railroads now
operating into Augusta or that may hereafter operate
Into the City of Augusta, subject to Ihe reasonable
rule* and regulations of the Terminal Company as
to the operation of locomotives and car*, which
shall apply alike to the Terminal Company, the
rigid to us.- its main tracks from its Western ter
minus at the Intersection of Mclntosh atreet and Ihe
r ,f "’ KM,rrn B*'minus nt a point Just West
of Elbert atreet on Bay street, and (on lt-i tracks
on Washington street which may connect with the
Houthcrn Hallway Company and. (or) with the rail
road track now existing and operated on Washington
street between Broad and Reynolds street*; and (or)
the tracks in Bay afreet leading from the terminus
near Elbert and Bay street to Center street serving
tlie city Wharf for the purpose .4 making Inter
changes with each other, and In making deliveries
to and from the City Wharf In the event the
rennltial Company and such other railroad or rail
roads wish to avail themselves of the foregoing right
of user cannot agree upon what are equitable terms,
then the question nhall to submitted to arbitration,
the Terminal Company appointing one dialntewst
ed arbitrator, the other railroad company or com
panies. a* the case may be, choosing one other dis
interested arbitrator, and If these two cannot agree
then they shall select a third disinterest.d arbitra
B» r - »fid the finding of the arbitrators so chosen
aliall he binding upon all the railroads parties
thereto; provided nevertheless, that this provision ns
to equitable sum and arbitration shall not be con
strued to conflict with Heetlon 2 of this Ordinance
where another railroad or railroads shall, with the
consent of the City Council connect with and use
4lie tracks described in said Section 2 under the
terms thereof ")
Irrespective of which of the foregoing Is adopted
as the f irst Paragraph of Heetlon 15, tto remaining
paragraph should immediately follow a* follows:
The Terminal Company shall also make local
tranafers of car* lor warehouses and Industries with
In the switching limits of the City of Augusta, a*
they now exist nr may he hereafter established, in
the manner now cu*tomrry and prevailing in Au
gusta. and for transfers of such character, and for
ou-ti services, the Terminal Company will charge not
excelling ,1 oo per car for such local transfers dur
ing the term of this fiWhlae. except where the rall
road to or from which the transfer Is made charges
the Terminal < ompany for the movement of the car
upon such other railroad's tracks, and. in that event
the Terminal Company will charge 111 addition to the
*ald >1 on only such amount us Is necessary to reim
burse it for the amount it Is required to pay such
other railroad*, tail ihe total transfer charge ahall
In no event exceed $2 00 per .ar so long as such rail
road is Held to a charge of not more than $1 no
per car for its service in the use of Its traseks and
to a maximum of $2.00 per car when ihe tracks of
another railroad are hsc.l that U. flic aggregate
charge of any local transfer shall not exceed $2 00
, *‘ r '.'M,, ** ,oni ,arl ' railroad Is held to a charge
,Min T ,Br ~w. * ,H oWM , ‘" r •'»<* « maximum
of 12 oo when more than one line is used And to
that end. the Terminal Company, by the accept
ance of this Ordinance agrees that where a charge
by Other railroads engaged in making the transfer
for any local transfer shall amount to $1 oo per car,
or b. $2 00 |h r car. If over more than one roa.l
*ald maximum amount of $2.00 per car shall not be
increased hy reason of the transfer having to be made
ovei the tracks ot the Terminal Company, hut no
i'rrlfnL .I'*". ut, ier railroads are held to similar
arrangements. At no time sitall the transfer charge
I '*! ,h '' Terminal Company exceed SIOO |*. r ,ar over
It* own line Empty cars shall be moved free hv
the Terminal Company *
As being within the meaning and provisions of this
Hection. a I 'oaf line operating to and from the City
w barf, Ol at any point contiguous to the Terminal
t ompany * track*, shall to treated in the same man
* Mrhl ’"."' ,‘» r Industry located upon the
Terminal t ompany s lines, that la to aav that if
a shipment arrive* in Augusta by way of such »x>at
tue. the Terminal Company will transfer It to an
Intercbangc track of any other railroad in Angus
ta lu the same manner a* It would make a trans
fer from a warehouse or industry located on the
line or track* of tin- Terminal Company, and con
versely. the Terminal Company shall make transfers
to auch tost Mm- in the same manner as it would
make transfers to warehouses and Industrie* located
on Ita .mu line
Tin* l>rul l,lull, of (Ills Sortitill .tall Hot tio ,-,,11
»1ni,.l •> rniuirlia tlie Ormhal Comiaov lo make
»o> tran.for. of fits. 1,.,0r emi>(>’. between one
waretionae or linlu.irv anil another warehoii,e or In
ito.try attuate.l ivltbtn the Unlit, of the City of Am
au.ta for the transfer t-liarae. heretofore nrothteil for
Section to The ’lYrnitiia! Company shall he re
hhlrwt h. make transfer, of car. Inatrv nr
warehouse amt another hnlu.try or warehouse sit
listed within the swttrhlna limits of the Cltymrf An
auata. astliey now estst or may hereafter he ea
lahllslietl. anil for such tranafers the following mas
tmum rates shall Orel all tom:
To amt from lailnt. on the Terminal Conipatn'a
own lines amt any of Us traeks contUntons to the
City Wharf or any hoattlnr. three dollars per car
sniped to he lowered h> the Stale Kailroa.l Com
mission
To anil from any lednt within such limits of the
CUV ot Augusts not Inch'd upon the line of Ole Ter
tutus I Company. s matlnnnu charge of l.f per .ar
(or Ihe transportation on llie lines ,if the Terminal
I SSISip. amt so lunch tn addition thereto aa tlie
railroad oyer whose line, such transfers mat pass
may he required tn he paid for auch ninrenirut oyer
such line or lines, provided the entire charge for said
transfer from or lo a point wltldn such limits of
Augusts no. located on thr lines nt the Terminal
Company to or from a point on the Terminal t om
panv s lines shall not evceed the rate presented by
the tleorgla Itallrnad Commissi,si or Interstate Com'
uicve Commission, and the rules id the said Comnila
si,si shall goeeru aa hi (he appurllolinn nt ot such
■la id any other no remenls made In behalf of
such hnatllne. orer the line, of tlie Terminal Com
pany which arc not pmrtded for hy tills Ordinance
llie Terminal Company shall charge such rites or
amounts as prescribed cr which may hereafter he pre
sented hy the ttsllrcad Ccmnilastcn ot fleiegta of the
Interstate Commerce t'nmnitaaton
helm within the meaning and pruylahdl of thla
heetlon % hnatlhe operatlna lo and from the t'tty
VVharres or at any point mnttgionui to the Terntl
nsl Company', track cr track,, .hall he treap’d tn
tie ,ame manner amt a, a warehouae or Industry lo
cated upidi the Terminal Company's line, that la
to say thu ts a shipment arrises in Augusta hy
way of such hoatlhtes the Terminal Company will
transfer M to an Interchange traek of guy other rati
road tn Augusta tn the same manner a, tt would
makr a transter from a warehouse or industry lo
cated an the line nr track of the Terminal Company
and. conversely the Terminal Company shall make
tranafers to such N-allinr tn the same manner a,
tt would make transfers to warrtvonsaa or Industries
lunifti i*it Ha own tin*
Tlw Terminal »Vmt*an> .luring th r i*rt<H|
.4 tliat .▼Mam contra.'! .laid March I7tl. 1497 to
tween th* tit) f'outiril of Augusta an,! the futon
\s arehm.se A t .turr.s. pan, which contract
v»a* asoifeiHHl to tto Augusta Terminal Hailwa) t om
Wctem t'arhlma Kaiiwat tompuny wnicti aungt?
mem an.i lease was ratitle.l by the s'ltjr Council ,4
Augusta un March 2Sr.t 1K97. an.i .iurtmr the term
.4 any ritMUIN or renewal «4 aai.l on tract shall
also make local transfer* as ato«* »*t ril ,
to*, amt the total charge therefor shall not he more
• V wwm or platform nor mure than mte <sl oo*
dollar let car for rotten going twit from any ivni
f preaa or platforms an.i If such transfer ts made o**r
more than one line said matlmum charge shall
|.4 this He.tt.ui as relate to local transfers 4 .-a
ton shall n. 4 to construed a* requiring the Terminal
j Company U» make any transfers .4 car*, loaded .4
j other than the Termtiial ComtHi.'tv's iracks for a.
tracks or imt the railroad tracks prwvhled*to Vw used
gusta Us* Huutheni Railway i'ompaiyy. * 4 4 .■>)»rt
THE AUGUSTA HERALD, AUGUSTA, GA.
Empty nrs shall he moyed free by the Terminal
Company.
Section 17 —The Terminal Company shall not he
required to load or unload freights to or from hoaf*
or inailines, to or from cars upon Its tracks, such
loadlria and the expense thereof, so far as the Ter
minal Company Is concerned to be borne by the boat
or boatltnra
The Terminal Company will undertake, upon re
quest of any la,at or boatllnea. and aarees to pro
vide cars for shipments from the Wharf or Wharves
of any boat or boatllnea contiguous to rta traeks des
tined to points on lu own lines or any other line,
and will also furnish ears for tlie movement of sny
freight from points of the Terminal Company's line
to the iraoks adjacent to tlie boat or boatllnea for
the purpose of there being loaded to such Ik, at or
boatllnea.
Provided, that the foregoing provisions, so far as
they may relal* to tlie use of any of the tracks set
out in tlie said contract of February lath. 1K97, shall
not extend lieyond the term of said contract and flic
obligation of the Terminal Company to provide ser
vices In the nature of switches or transfers for any
voat or boatllnes over the along the track net out In
the said contract of February 18th. 1*67 shall cease
and determine with that contract: to-wlt: on March
18th. 1878, Imt If at or before the expiration of said
contract id February l*tll. I*B7 the City Council
should renew or make a similar eontract with any
of the railroads originally a party thereto, or which
thereat ter liecaine parties thereto, and the Terminal
Company siiouid lie or become a party thereto, then
the Terminal Company, at Ita Iwrommg a parly
thereto, shall treat the traeks described in sairl con
tract of February Huh. I*B7 as to rates and charges,
as a continuation of it* own line, and shall switch
and transfer and furnish cars as hereinbefore pro
vider!.
Section I*-That during the existence of tills
AN ORDINANCE.
To Authorize the Construction and Opera
tion of a Railroad (Savannah River Ter
minal Company) Along and Across Certain
Streets and Property of the City of Au
gusta, and For Other Purposes.
(Acquiesced In by W. S. Brand.)
AN ORDINANCE.
WHEREAS, Charles A. Wickersham
and his associates contemplate the
forming of a Railroad corporation un
der the general Railroad Raws of the
State oL Georgia, under the name of
Savannah River Terminal Company or
some such similar name, for the pur
pose of constructing and operating a
line of railway along the route here
inafter set out; and,
WHEREAS, the organizers of the
proposed corporation desire to secure
the consent of the City Council of Au
gusta for the organization of such cor
poration for the construction and
operation of such Railway along and
across certain streets of the City and
certain City property hereinafter set
out, before entering into or proceeding
with such work.
NOW, THEREFORE, The City
Council of Augusta hereby ordains as
follows:
Section 1. That the corporation,
when formed l>y said Charles A. Wick
ersham and his associates, and organ
ized under the laws of Georgia for the
purpose of constructing and operating
a railroad in the City of Augusta along
the route hereinafter set out, and to be
known by the name of Savannah River
Terminal Company, or some such sim
ilar name, and hereafter referred to in
this ordinance as the Terminal Com
pany, shall lie and is hereby granted,
subject to the reservation of section 2
hereof, for and during the term of
twenty-five years from the date of the
tissuing of the articles of incorpora
tion to said Terminal Railroad Com
pany, a right of way not exceeding
ttiirty (30) feet in width on which to
lay and maintain its railroad tracks,
and operate its locomotives and. cars
theicover, by steam, electric, gasoline,
or other power that may be practicable
for such purposes, provided the streets
shall not he unnecessarily encumber
ed hy poles, wires and other obstruc
tions, on and along the following
streets and property if the City of
Augusta, to-wit: From a point just
East of Center Street eastward along
Bay Street to a point near the Eastern
side of Elbert Street at its intersection
with Ray Street, on and along Bay
Street for about half the distance be
tween Elbert and Center Streets;
thence curving to tl)o Southwest
through Ihe block bounded by Bay,
Elbert, Reynolds and Center Streets,
across the following lots owned by the
City of Augusta, to-wit: Four lots on
the South side of Hay Street, the West
ernmost of said lots beginning at a
point Two Hundred and Seven and
Two-tenths feet, more or less, East
from Center Street, extending thence
Easterly and having a frontage as a
whole of Two Hundred and Seventy
five and Three-tenths l'eet on Bay
Street, and running hack of varying
widths bounded North by Ray Street;
East by other pri perty of the City of
Augusta; South hy lots of B. M. Mc-
Cowen, E. J. Erbelding, F. T. Max
well, and an alleyway separating it
from lots of M. 1,. Walton and F. T.
Maxwell, through which a right of way
is hereby granted said Terminal Com
pany for the purpose of building and
maintaining and operating its said
railroad if thirty (30) feet in width,
thereafter crossing Reynolds Street a
short distance East of Center Street,
thence gradually curving more to the
West, through the block bounded by
Reynolds. Elbert, Broad and Center
Street a short distance South of Rey
nolds Street; thence through and
along the block bounded by Rey
nolds Street, Center Street, Broad
Street and Washington Street, across
Washington Street at a point between
Reynolds and Broad Streets; thence
curving in a Northwesterly direction
through the block bounded by Rey
nolds Street, Washington, Broad and
Mclntosh Streets, passing from said
block, and crossing Reynolds Street
between Washington Street and Mc-
Intosh Street; thence first in a
Northerly direction; thence curv
ing in a Northwesterly direction
through tlie block bounded hy Wash
ington Street, Reynolds Street, Mcln
tosh Street and the Levee, passing
passing from the last mentioned block
near its Northwest comer and curving
in a Westerly direction and crossing
Mclntosh Street so as to be able to
form a connection with the tracks of
the Charleston A- Western Carolina
Railway Company, or the Augusta
Terminal Railway Company; also the
privilege of constructing a branch line
track or tracks from the above de
scribed main line on Bay Street to run
Westerly along said Ray Street to a
point at or near Center Street; also to
construct a branch curving from said
main line of track from a point tn the
idock bounded by Reynolds. Center.
Rroail and Washington Streets, curv
ing in a Northwesterly direction across
Ke> Holds Street and Washington
Street at or near the intersection of
Reynolds Street and Washington
Street, so as to he able to form a con
nection with the tracks of the South
ern Railway Company on Washington
Street near or Just North of the inter
section of Washington and Reynolds
Streets, also a branch leading off from
mailt line of the track above described
in the Idock bounded bjf Reynolds,
Washington, Broad and Mclntosh
Streets, in a Southeaaterly direction
in and along Washington Street to u
connection with the railroad track
now existing and operated on said
Washington Street a ahort distance
North of Rroad Street, us per the plat
on file with the Clerk of Council, iden
tified by the signatures of the Mayor
and W. S Brand, one of the corpora
tors of su!d Terminal Company. Said
right of way or privilege shall em
brace the right to construct either a
single or double line of traclu< along
and across thr streets indicated, and If
the privileges of this Ordonance are
availed of by the Terminal Company,
said Terminal ('ompany shall lay In
Buy Street not less that, two lines of
traeks and shall (win time to time lay
additional lines <<f truek in said Bay
Street as. when in the Judgment of
I Council, the necessities of business rv-
I quire.
Section 2. The City Council ex
pressly reserve the right to |iermit any
I railroad now entering ur that may
/rant, (lie Terminal Company shall paj* into the City
Council, beginning a* of March 20th, 1916 an an
nual rental of s* per year, in advance for the
right-of-way thirty (30) feet wide across the realty
of the city Council of Augusta facing on Bay
street between Center and Elbert streets.
Heetlon 19—That said Terminal Company shall,
without tv* t to the City Council, construct or pro
cure and install suitable mechanical device, which
meet* the approval of the Commissioner of Public
Work* and of the Mayor, for the making of a
physical connection between boats and the City Wharf
and the said railroad lines on Bay street, opposite
the City Wharf, and upon the inatellatlon thereof,
said mechanical device or physical connection shall
become tlie absolute property of the City Council of
Augusta.
Heetlon 20—Haid Charles A Wickersham and his
associate* shall signify in writing, addressed and de
livered to the Clerk of Council, their acceptance of
the terms and conditions of this Ordinance within
five days after jts passage, or in default of such ac
ceptance and delivery, the *aire shall be null and
void, and unless within ten days from the Incor
poration of such proposed corporation said Terminal
Company shall likewise signify Its acceptance of the
terms and conditions of this Ordinance, and file the
same with the Clerk of Council, this Ordinance shall
to null and void.
Provided, further, that should he proiioaed corpora
tion not to incorporated within sixty (60) days from
the passage of this Ordinance, this Ordinance shall
be null and void.
Section 2i —The franchise herein provided to be
conveyed shall not to assigned by the Terminal Com
pany to to formed without the approval of the City
Council; nor shall sahl line of rallroaa provided in
this Ordinance tobe constructed to leased by the
Terminal Company without the convene of the City
Council.
hereafter enter the City of Augusta, to
make connection with the Terminal
Company’s tracks at any point on or
along Bay Street between Center
Street and the Eastern boundary of
Elbert Stre o ' and at any point where
said tracks are located on the realty
of the City facing on Bay Street, and
to use said reserved tracks as fully
and to the same extent as used by the
Terminal Company, provided, never
theless, that any such railroad com
pany shall pay to the Terminal Com
pany one-half the cost of the physical
property lying on Bay Street between
the Eastern side of Elbert Street and
Center Street, and located on said City
realty facing on Bay Street, and shall,
in addition thereto, pay one-half the
value of the necessary renewals of all
of said tracks and one-half the main
tenance and upkeep thereof, and
should a third railroad make such con
nection, after Council’s consent pro
cured, such third road shall pay to the
other operating road its proportionate
share of such cost and maintenance
and renewals.
Section 3. That the Terminal Com
pany shall indemnify and save harm
less The City Council of Augusta
against the following:
(1) Any and all claims of the own
ers of property abutting upon the
streets through or upon which it may
operate its tracks in pursuance of the
rights conferred upon it by virtue of
this Ordinance, for damagees resulting
from such operation;
(2) Against all claims for damages to
persons or property arising by reason
of the operation of the locomotives and
cars of the Terminal Company through
or upon said streets in the City of Au
gusta.
(3) And against any and all dam
ages suffered by the Terminal Com
pany by reason of obstructions to said
streets and consequent delays to it
arising out of the necessary laying, re
laying, alteration or repair of said
streets, or of gas or water pipes, elec
tric conduits, drains or sewers laid
thereon, when the same shall be made
by authority of City Council. Nor
shall the said Council be liable to said
Railroad for any damages which may
be caused to it by reason ot -epairs to
streets along or across wnidi its tracks
may be laid.
Section -I. Said Terminal Company
shall not only hold the City Council
harmless from any claim for damages
to persons or property resulting from
tlie construction of said railroad, both
in its preparation, as well as in the
subsequent operations thereof but in the
construction of said railroad the streets
shall be left in as good condition as
when the work was begun, and all the
work connected with the construction
of said railroad within, along and over
the streets shall be done under the su
pervision and control of.4he Commis
sioner of Public Works and Streets and
Drains Department of the City Coun
cil.
Section 5. That the tracks of said
railroad where laid along, upon or
across streets, sidewalks or alleys or
over City realty shall be laid down in
tlie most approved mode of construct
ing railroads, and all tracks, turnouts,
crossings, switches, and sidings, shall
likewise be kept drained and of even
grade with the streets, so that car
riages and other vehicles can cross the
said railroad track with ordinary ease
without damage upon or along said
streets occupied by said railroad.
Section 6. That upon notice by said
City Council to said Terminal Com
pany that it has failed at any time
to fulfill any of the requirements of
this Ordinance, stating wherein the
failure consists, if the default is not
remedied by said Terminal Company
within ten days after the reception of
said notice, then the City Council may
itself proceed to have such default rem
edied. but at the expense of the Ter
minal Company.
Section 7. That whenever the City
Council, or its authorities, shall change
the grade of any street upon which the
tracks of said railroad are laid, then
said railroad shall, at once, change its
tracks'to conform to the altered grade
of the streets.
Section 8. That whenever the City
Council shall determine to pave or re
pave any of said streets on which said
Company's tracks are or may be lo
cated, with Belgian Blocks, asphalt,
granite, brick or other material, then
said Terminal Company shall be re
quired to prepare its tracks to receive
and accommodate such material as
may he determined upon by the City
Council, at its own cost and expense,
and shall pay the cost for paving or
repaving a strip measuring seven and'
one-half l"Vj) feet in width on each
side from the center line of each track
so as to require as to each track the
paving by the Terminal Company of a
strip fifteen 1 15) feet wide and where
there are more than one track, the
Terminal Company snail pave in ad
dition to the above the entire width be
tween tracks tu the event said right of
way should be hereafter widened hy
Council.
Section 9. That in the event said
Terminal Company shall cross any
bridge upon any street in the City of
Augusta, with its tracks, it shall be
the duty of said Terminal Company to
lay Its rails flush with the floor of
the bridge, or If laid upon the floor
then to recover the floor in such man
ner that the top surface of all its tails
shall be flush with the floor of the
bridge, and shall keep It so during the
lierlod of such use. and shall pay its
proportionate share for the upkeep and
maintenance of said bridge, to-wlt
One-half thereof, the City Council of
Augusta to he the sole Judge when such
bridge or bridges shall he repaired or
rebuilt. Provided, however, this section
shall not he construed as a permit to
cross any bridge
Section 10. That the running speed
of engines and cars shall lie subject to
the ordinances of the Council now In
existence or may be hereafter ordain
ed. and the construction and mainte
nance of said tracks and running of
ears and locomotives theron shall al
ways tie subject to the police power of
the City of Augusta new or hereafter
provided
Section 11. Said Terminal Company
sitall tie subject lo bear its Just .andj
equal burden of taxation, and shall at
no time claim any exemption there
from.
Section 12. That during the term of
the grant contained in this Ordinance,
to-wit: during the period of twenty
five (25) years, said Terminal Company
shall pay in advance unto the City
Council of Augusta for each year,
counting to March 17 1917, as an
entire calendar year, the sum of One
Thousand, Six Hundred and Sixty-Six
Dollars and Sixty-Six Cents ($1,666,66)
for the privilege of using and occupy
ing the streets hereinbefore specified
and as a further consideration for the
grant contained in this Ordinance, and
without further payment to the City
Council of Augusta, the Terminal Com
pany shall be and become a party to
that certain contract between the City
Council of Augusta on the one part
and the Southern Railway Company
and others on the other part, dated
February 18, 1897, and shall become
bound by each and every covenant
therein contained and imposed upon the
parties of the second part therein and
likewise entitled to all the benefits and
privileges thereby conferred, and in the
matter of making charges said Termi
nal Company shall treat the tracks
over and upon which joint rights were
conferred to the railroads by said con
tract of February 18, 1897. as not con
stituting a separate and distinct line,
but so far as rates and charges are
concerned, such tracks shall be treated
as if they were a part of the Terminal’s
own line.
If at or before the expiration of said
contract cf February 18, 1897, the City
Council of Augusta should renew that
contract with the railroads originally
parties thereto, or which thereafter
became parties thereto, the Terminal
Company shall likewise be and remain
a party to said extended contract and
be entitled to the privileges thereof
and bound by the conditions and cove
nants thereof as above set out in this
Section, provided, however, that so far
as its charges are concerned in refer
ence to its dealings with other rail
roads who dc not become a party to
such renewal, the same shall be gov
erned by the provisions of the third
paragraph of the Fifteenth Section
hereof.
Provided, further, that should there
be no renewal of said contract of Feb
ruary 18, 1897, upon its expiration, the
Terminal Company's rights to the use
of said streets and tracks set out in
said contract shall be open to adjust
ment. but the privileges and obligations
in reference to its own tracks con
structed and operated under the terms
of the grant contained in this Ordi
nance shall not then terminate, but
shall continue in force until the termi
nation of the twenty-five (25) year
period provided for in the First Sec
tion of this Ordinance.
Section 14. That said Railroad shall
be commenced within ninety (90) days
from the passage of this Ordinance,
and shall be finished and in operation
within nine months from the passage of
this Ordinance, or else this Ordinance
shall be null and void. Provided, the
time the Terminal Company is restrain
ed by injunction or other legal pro
ceedings, shall not be counted as
against the time limit.
Section 14. That" this Ordinance
sl>all not be construed as to confer
upon said railroad the right to inter
fere with the vested rights of any other
railroad company.
Section 15. That in addition to the
payment of the annuity of One
One Thousand, Six Hundred and Sixty-
Six Dollars and Sixty-Six Cents
($1,666,66) as hereinabove provided
and as a further consideration for the
privileges granted by this Ordinance
tlie Terminal Company shall, without
discrimination with respect to services
and charges, switch for account of all
railroads that now or that may here
after enter the City of Augusta, cars
to and from boat lines, warehouses
and industries situated upon the lines
of the Terminal Company to and from
such interchange points as shall or
may be arranged between the Terminal
Company and such other carriers, such
interchange point for deliveries to the
Terminal Company to be on the Termi
nal’s tracks and for deliveries by the
Terminal Company to other roads upon
the lines of such other roads, and fur
ther, in consideration of an equitable
sum to be paid to it by such other
roads as may avail themselves of the
right, the Terminal Company will
grant to any or all railroads now ope
rating into Augusta, or that may here
after operate into the City of Augusta,
subject to the reasonable i-ules and
regulations of the Terminal Company
as to the operation of locomotives and
cars which shall apply alike to the
Terminal Company, the right to use
its main track from its Western ter
minus at the intersection of Mclntosh
Street and the Levee to the Eastern
terminus at the intersection of Elbert
Street with Bay Street, and, or, Its
tracks on Washington Street which
may connect with the Southern Rail
way Company, and, or with the other
tracks now located in Washington
Street between Broad and Reynolds
Streets, and, or, the tracks in Bay
Street leading from the terminus at
Elbert Street to Center Street serving
the City Wharf, for the purpose of
making interchanges with each other,
and in making deliveries to and from
the City Wharf. In the event the Ter
minal Company and such other rail
road or railroads as wish to avail
themselves of the foregoing right of
user cannot agree upon what are
equitable terms, then the question shall
be submitted to arbitration, the Ter
minal Company appointing one disin
terested arbitrator, the other railroad
company or companies, as the case
may be. choosing one other disinter
ested arbitrator, and if these two can
not agree, then they shall select a third
disinterested arbitrator, and the find
ing of a majority of the arbitrators
thus named and chosen shall be bind
ing upon all the railraods parties
thereto; provided, nevertheless, that
this provision as to equitable sum and
arbitration shall not be construed to
conflict with Section 2, of this Ordi
nance, where another railroad or rail
roads shall, with the consent of City-
Council. connect with and use the
tracks described in said Section 2 un
der the terms thereof.
The Terminal Company shall also
make local transfers of cars for ware
houses and industries located on its
tracks in the manner now customary
and prevailing in Augusta and its com
pensation for such services during the
effective period of a certain contract,
including any renewal thereof, entered
into on the 18th day of February, 1897,
between the City Council of Augusta,
on the one part, the Southern Railway
Company, the Central of Georgia Rail
way and the Charleston & Western
Carolina Railway Company, on the
other part, shall be the same as fixed
and provided for in said contract and
in the same manner as if the Terminal
Company had originally been n party
to said contract, and us more fully set
out in the 12th Section hereof.
L'pon the termination of the effective
period of said contract, or any renewal
thereof, for transfers of such charac
ter and for such services, the Termi
nay Company will charge the consignor
or consignee not exceeding one ($1.00)
Dollar per car for such local trans
fers during the remainder of the term
of its franchise except wnere the rail
road or railroads to. from, or over
which the transfer is made charges the
Terminal Company for the movement
of the car upon such otner railroad or
railroads’ traeks. and, in that event,
the Terminal Company will charge in
udditinn to said One (11.00) Dollar
only such amount ns is necessary to
reimburse it for the amount thut It is
required to pay auch other railroad or
railroads.
Tlie Terminal Company during the
effective period of that certain con
tract dated March 17, 1897, between the
City Council of Augus-n and the Union
Warehouse A- Compress Company,
which contract was n«*:gned to the
Augusta Terminal Railway Company,
and the latter teased to the Charleston
A- Western Carolina Railway Company,
which assignment and lease was rati
fied by City Council of Augusta on
FRIDAY, MAY 19.
March 23, 1897, and during the term
of any extension or renew s of said
contract shall also make local trans
fers as above set out of cotton and the
total charge therefor shall not he more
than Fifty ($0.50) cents per car for
cotton coming into any compress or
platform nor more than One ($1.00)
Dollar per car for co f.on going out
from any compress or platforms, pro
vided, so much of this Section as re
lates to local transfers of cotton shall
not be construed as requiring the Ter
minal Company to make any tra: sfer
of cars loaded or empty to or from any
compress or platform on other than the
Terminal Company’,* tracks for ac
count of any railroad having or that
may have connection with the road
or roads in which compresses or plat
forme are now or may hereafter be lo
cated and any railroad will be deemed
to have connection with the railroad
on which a compress or platform is
located if such last named railroad or
railroads can be reached by the first
railroad direct from its own tracks or
over the railroad tracks provided to be
used in common under the terms of
the contract of February IS. 1897. Jie
tween the City Council of Augusta, the
Southern Railway Company, and
others.
The provisions of this Ordinance
shall not be construed as requiring the
Terminal Company to make any trans
fer of cars, loaded or empty, between
one industry or warehouse and another
industry or warehouse situated within
the limits of the City of Augusta, or.
in case such transfers are made, the
Terminal Company shall not be limited
to any prescribed charge.
Section 16. Be is ordained, that in
case of through shipments from points
beyond Augusta, through Augusta, and
via any boat line which has or may es
tablish landings contiguous to the
tracks of the Terminal Company, the
Terminal Company shall make a charge
of not exceeding Two ($2.00) Dollars
per car for so much of the movement
of said shipment pasting over its lines.
For any other services performed by
the Terminal Company for any present
or hereafter established boat or boat
lines having or using landings contig
uous to its tracks, it will charge the
rates provided for in the contract of
February 18, 1897, during the term of
said contract or any renewal thereof
between the City Council of Augusta
on the one part, and the Southern
Railway Company and others on the
other part, so far as the terms of said
contract are applicable to any partic
ular movement.
As to any other movements made in
behalf of such boat lines over the lines
of the Terminal Company which are
not provided for by the first para
graph of this Section or the contract
with the City Council of Augusta afore
said, the Terminal Company shall
charge such rates or amounts as are
now prescribed or which may here
after be prescribed by the Railroad
Commission of Georgia or the Inter
state Commerce Commission.
The Terminal Company shall not be
required to load or unload freights to
or from boats or boat lines, to or from
cars upon its tracks, such loading and
expense there, so far as the Terminal
Company is concerned, to be borne by
the boat or boat lines.
The Terminal Company will under
take, upon request of any boat or boat
line, to provide cars for shipments from
the Wharf or Wharves of any boat
lines lines contiguous to its tracks
destined to points on its own line or
any other line, and will also furnish
cars for the movement of any freight
from points on the Terminal Com
pany’s line to the tracks adjacent to
the boat or boat lines for the purpose
of their being loaded to such boat or
boat lines.
Provided, that the foregoing pro
visions, so far as they may relate to tlie
use of any of the tracks set out in the
said contract of February 18, 1897, shall
not extend beyond the term of said
contract unless the same shall have
been renewed as hereinbefore provided
and then only during the term of the
renewal, and the obligation of the Ter-I
minal Company to provide services in
the nature of switching or transfers
for any boat or boat line over and along
the tracks set out in said contract of
1897 shall cease and determine with
that contract, or the renewal thereof.
Section 17. That said Terminal Com
pany shall, without cost to the City
Council, construct or procure and in
stall suitable mechanical device, which
meets with the approval of the Com
missioner of Public Works and of the
Mayor, for the making of a physical
connection between boats and the City
Wharf, and the said railroad lines on
Bay Street, opposite the City Wharf,
and upon the installation thereof, said
mechanical device or physical connec
tion shall become the absolute props
erty of the City Council of Augusta.
Section 18. The franchise herein
conveyed shall not be assigned by tha
Terminal Company to be formed with
out approval of the City Council.
Section 19. Said Charles A. Wicker
sham and his associates shall signify
in writing, addressed and delivered to
the Clerk of Council, their acceptance
of the terms and conditions of this
Ordinance within five (5) days after
its passage, or, in default of such ac
ceptance, the same shall be null and
void, and unless within ten (10) days
from the incorporation of such pro
posed corporation, said Terminal Com
pany shall likewise signify its accept
ance of the terms and conditions of
this Ordinance, and file the same with
the Clerk of Council, this Ordinance
shall be null and void.
Provided, nevertheless, that should
the proposed corporation not he incor
porated within sixty (60) days from
the passage of this Ordinance this Or
dinance shadd be null and void.
LEGAL NOTICES
Debtor's and Creditor's Notice.
STATE OF GEORGIA.
RICHMOND COUNTY—
All persons having Claims against Jose
phine E. von Sprecken, late of said Coun
ty, deceased, or against her estate, are
required to present the same to the un
dersigned, properly itemized and proven,
within the time required by law. And
all persons indebted to said deceased, or
her estate, are reques.err to make imme
diate payment to the undersigned.
This 2nd day of May, 1916.
LIZETTE von SPRECKEN.
m5,12,19.26.j2
Debtor's and Creditor’s Notice.
STATE OF GEORGIA,
RICHMOND COUNTY—
All persons having Claims against
Charles F. Mattlage, late of said Coun
ty. deceased, or against his estate, are
required to present the same to the un
dersigned, properly Itemized and proven,
within the time required by law. And
all persons indebted to said deceased, or
his estate, are requestd to make im
mediate payment to the undersigned.
This April 28th. 1916.
R. ROY GOODWIN,
As Administrator of Estate of Charles
F. Mattlage. a28,m5,12,19,26J2
HTATK OF OEOROIA
KICIIMONn COt'XTT—
By rlrtue of an or,lt of the Court of Ordinary of
util County, the undersigned will sell at public out
rry to the hislirit bidder, for cash. at the door of tha
Court house of said County, to the City of Augusta,
tia . on the first Tuesday In June. 1916. between tbs
usual hi ura of piddle sale, the following property be
longing to the estate of Mr* Carrie Verrell. late of
said County, deceased, to-wlt:
ALI. that lot of tend, with the Improtetwemg
thereon. In the City of Augusta County of ltd h
fnntid ai d State of tieorgla. fronting on R'An’lznas
street, to (eet. more or less, and running ta,-It
southwardly 130 feel, more or legs, of eten width 1
bounded on the North by lt'Anttgnai* Street: Rest by
bit of R It, Hamrick South bv bits of Ktt* 1,.
1 ortsoo and Mattie Jaeksoti and West hy lot of J.
’’ "right AI.SO one lot of household and Kit, hen
furniture located In hour on aforedeserihed lot.
sa.e nmde lor Hue purpose of paying debts and nigg
ing distribution
Terms eash Purchaser to pay lor pap rs
........ IIKtIRIiK T .ioRNK,
b lm.lv mS.Ja Administrator of Mr* t'arrla VarralL
MATE OF GEORGIA,
RirilMONli 10l NTT--
Wber**a* rhark« A owana. Administrator of tha
****•*•’ ,J f »V*rl Owaii# WhvHvr. lata «>f *af<' r<*int>.
itrava* .1 ha* apt>it* ( | f llf irav* to *ll #I ,
oi'V■ foultli Intaraat In Real K«utc belonging u< *■><! ’
(fUtr.
Thu la. theraforr. to rite all |M»r*una ronoafnail. to
; * •"** appvar at thr fourt of ordinary of aalrl
t Dunty t«» h* halt! on tlia firat Monday In Jiina, A
i». l»lb, at Id o'rlnefc a in . ami rhon <-aua*. if ai*v
G*ay can. why kata at nail tha *aid intar**«t In Real
tutata. tv longing to id «autv ahould I* gra t
• 4 as paaynl for
\Vitn.aa my official slgnatura Oil* lith dav of May,
A .‘ AL.:XA.NI>ER It WALTOV.
mU.l»,2C.ji ordinary. H C.