The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-08-13


Provided that in the event of any dis
agreement arising between said COM
pany and the City Engineer in the con-
struction Of any lines or line in said city
then the matter shall be brought before
the City Council and by them adjusted
and the action OF said Council IN such
matter shall be final.
Sec. 4. The tracks Of sad railway COM
pany shall be laid and maintained on the
established grade Of said city, and in the
event that the present grade shall be
changed then the said railway company
its successors or assigns, shall conform
said tracks ana roadbed 10 such new
and roadbed to such new grade TAOl
grade at their own expense. Said track
shall be constructed SO as not to inter-
fere with The flow of water IN the Literal
and cross cutters and shall be construc-
ted in such a manner as not to prevent
the crossing Of streets by teams and
wagons az any point with safety. Tne
entire line OF single track shall as near
as may be, coincide with the center Of
the streets, avenues and highways over
and along which the same may pass,
unless otherwise directed by the City
Engineer; Provided that n the even, Of
a difference between the said City Engi-
nee- and the Company as 10 location Of
said tracks, the. same shall be referred
for decision 10 the City Council, whose
decision in the mater shall be final.
The tracks OF said company shall be con-
struc;ed OF what are ordinarily termed
IT, rails, and the same are not 10 be
elevated above the surface OF paved
streets 10 exceed one-half inch, and on
unpaved streets the same are not to be
elevated above the surface Of the street
TO exceed one and one-half inches. SAID
track shall be of the standard guage Of
four feet, eight and one-half inches, said
tracks and roadbed are 10 be maintained
at all times IN good condition. The rail-
way track. turnouts, side tracks and
switches shall be so laid as not to OBJ
struct public travel more than neces-
sary, and shall be laid and maintained
subject to the direction Of the City Coun-
Gil of said city.
Sec. 5. The cars Of said company shall
be operated for period OF not less than
sixteen hours during each day, and shall
not be allowed 10 stand longer than five
minutes at either terminus Of the road
on Douglas avenue west of Hudraulic
avenue and on Main street and Topeka
avenue. The cars shall be run at inter-
walls upon an average OF ten minutes or
less on the following named streets and
parts of streets, twelve hours per day:
From Seneca street to the Santa Fe
railroad on Chicago and Douglas ave-
nues, and from Oak street to Douglas
avenue on Main street; the cars shall be
run on Topeka avenue at intervals not
greater than fifteen minutes, on Doug
las avenue from the Santa Fe railroad
70 Mosier street not more than twenty
minutes, and on the following streets
not more than twenty minutes, to-wit:
Fairview avenue, South Main street and
Maple street, from Seneca street to Gar
field University; To Fairmount at inter-
walls not greater than forty minutes All
cars that run after sunset shall be pro-
vided with a head light and signal light
az each end, which light shall be 80
placed that il can be seen readily at
distance OF two blocks, and a bell shall
be at all times attached TO the cars, and
such bell shall be rung continuously for
one hundred feet before reaching any
street crossing to warn the people Of the
approach of the car.
Section g. That to prevent mutilation
or destruction Of shade trees along the
streets and highways of said city, it is
provided that said company, its success
ors or assigns, are hereby prohibited
from cutting or trimming of trees eX-
cept under the direction OF the City Engi-
neer or some person duly authorized by
the City Council to do so.
Sec Z. The rate of fare for any con-
tinuous and regular trip. from one ex-
IRENE point 10 another. on any OF the
lines of said street railway, including
transfer from one of the lines of sad
company to another, may be but shall
not exceed five cents. and the said COM
pany shall be be required to give trans
far tickets from one line Of its railway
70 another for a continuous passage
without extra charge. but not for a trans
fer on a parallel return route; provided
further that children OF less than five
years of age, when accompanied by par
ent, guardian or some other person in
charge thereof, shall be allowed to ride
free.
Sec. s. All rolling stock. live stock. re-
pair shops and the business office Of the
said company shall be kept in the City
of Wichita.
Sec. 9. The City of Wichita reserves
the right 10 take up the track or tracks
and remove the rails OF said company
when necessary 10 affect any public i'm
proveInent, the taking up, relaying OF
such tracks and placing the roadbed in
its former condition, 10 be done at the
expense of the city without unnecessary
delay.
Sec. 10. The tracks and cars propelled
thereon may be used for the transfer OF
passengers. material and supplies TO be
USED III the construction, repair and oper-
alton OF said railway. as said company
may require. and for the conveyance Of
such other property as II may desire.
ana IN no case shall the cars on said
railway be propelled by any power other
than electricity.
Sec. II. The cars OF said railway shall
al ali times oe entitled 10 the track, and
the drivers Of every vehicle on the track
or by the side thereof, shall turn such
vehicles out upon the approach OF any
car. SO as 20 leave the track unobstruct-
ed FOR the passage OF such cars: pro-
viiei THAI steam or other apparatus OF
the City OF Wichita shall at all times
when answering an alarm % fire. have
the right OF way where possible upon.
over. across and along the tracks %
said company, and the cars q said COM
pany shall DC Stopped Immediately upon
the sounding Of the fire alarm and the
q approach Q: fire apparatus. ana at al