The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-11-02


be signed and given to the company
when they filed their bond. All present
| voted yes except Mr.. Daniels. After
hearing the contracts read, Mr.. Daniels
asked TO have his votes changed 70 the
| affirmative.
In answer to question asked by Mr..
Daniels Mayor Ross said that under the
new contract the city would be saved
$50, 900 in the next five years.
Mr.. Miller made a motion, seconded by
Mr.. Alien, that the council vote DR.. Min
ick and the light committee, composed
| of Minick, Reese and Young, vote of
thanks. The motion carried unanimous
| ly.
The contracts that were accepted last
night read:
CONTRACT.
This contract made and entered into
| this list day OF November, A. D. 1897, by
| and between the Wichita Railway, Light
and Power company, a corporation duly
organized and existing under and by viz
tue Of the laws OF the state Of Kansas,
party Of the first part, and the city Of
Wichita, party Of the second part, wit
nesseth
That the said party OF the first part
hereby agrees 10 furnish to the party Of
the second part one hundred and fifty
arc lights of the standard Of two thou
sand (2,000) candle power for period Of
five % years from the time said lights
are 70 be furnished as hereinafter stated.
Said lights shall be lighted and operat-
ed from dusk in the evening OF each day
until l o'clock a. NJ, Of the same night,
during the whole period Of time covered
by this contract.
All Of said lights are 20 be placed in op-
Grafton by May l, 1898. And said first
party agrees to put in an additional
twenty five (25) arc lights of the stand
ard kind aforesaid, to be put in operation
at such times as the city may suggest,
and within one year from November /,
1897.
Said lights are to be placed by said
first party at such points and places as
the second party may designate. within
the following limits: Lincoln street on
the south, Seneca street on the west, Sew
enteen5h street on the north and Hy-
draulic street on the east
All lights s11n be placed at least TWEEN
ty-t|o feet above the surface of the
street. and snail be hung in the middle
Of the street.
And it is further agreed shat if the said
party OF the first part shall fail to keep
and maintain any OF the lights 50 order
e1 or located under this contract in full
operation for any part of the time pro-
nd n
taken AMI deducted from the compensa-
ton herein provided, equal to cents
e03) per each and every hour that any
such light shall not be operated, as con-
templated by this contract
And ii is further provided that in case
the said first party shall furnish lights
OF less than two thousand 10000 candle
power, then it is agreed that said second
party may deduct from the price herein
agreed to be paid for such lights the sum
OF four cents 500 per hour for the time
that each light is permitted and allowed
to burn at less than two thousand (2OOO)
candle power.
And it is further provided and agreed
that in consideration of the partv Of the
first part performing the conditions OF
obligations imp>s upon it by this con-
tract relative to said electric arc lights.
the said party OF the second part agrees
to pay said first party the sum of five
dollars (S5.00) per month for each cleo
iris arc light 50 furnished to said second
party by said first party, under this con-
tract.
And it IS further stipulated and agreed
that all moneys and compensation to be |
paid said first party by said second party
under this contract shall be paid in quar- |
terly lnstallments. and shall be due and |
payable on the first day OF March, June. |
September and December in each year
during the time covered by this con-
tract |
And 1t is further agreed and under |
stood that time is the essence of this con-
tract.
And X is further agreed that in the |
event that said first party shall fail to |
furnish and put in operation for the use |
OF said city the one hundred and fifty |
tloO lights before referred to by the first |
day OF May, 1898. then It is agreed that |
said first party is TO forfeit and pay to |
said second party, as liquidated dam
ages. and not as penalty, the sum Of
Ten Thousand Dollars (s10.OOo).
1t is further agreed that the Ten Thou
sand Dollars 100000 is to be treated a. |
.iquidated damages in case Of a breach |
Of this contract. for the reason that the |
actual damages sustained by said city |
IN case Of breach Of this contract can
not be definitely or accurately computed /
Dr. estimated.
And it is further understood and
agreed that the first party will remove
any lights or relocate the same within
The city OF Wichita, or which may be To-
lated under this contract. to any other
location when ordered by said second /
party, within a reasonable time after
such order is made, not exceeding Two
y weeks, provided that said second par
y shall pay one-nalf ~ OF the actual
expense for the manual labor to make
such removal and extra supplies fur
1ished
And il is further agreed and under
stood thai as a parc Of the consideration
# this contract, the frs, party agrees to
urnish to the second party a good and
'uinclent bond IN the sum Of Ten Thou
and Dollars g10,0o0) signed by some re-
surety company. to the effect
Aat said first parry will furnish the one
hundred and fifty $50 arc lights men
toned in this contract by May Ist, 1885.
And further conditioned 20 pay the sec
ma party all damages. penalties and for
eltures that may arise under this con-
Tac' IN case Of the first party's failure
q perform its part OF the same by Nav
81. 1895
And il is further understand s,d