The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-10
FRANCHISE
u,
With Notifications Was Re-
newed Last Night.
MORE BINDING THAN EVER
Work Must Begin Within
Thirty Days.
MORE BINDING THAN EVER

car franchise. The same franchise was
gwen Mr.. Church as was given him sew
eraI months ago, with a few modification.
wherein the city got the better of the
Ceal. Every member was present and
-Iayor hoss was in the chair.
Mr.. Church is to deposit $4,000 in cash
this morning before 10 o'clock with City
Treasurer Herman, and work is TO com
hence within thirty days and the road Is
to be built and in operation by March l,
aas9, or the franchise will be void. If the
$1,000 is not deposited with City Treasurer
Herman by 10 this morning the franchise
WI en- was granted by the council last
night will not be signed by the mayor or
CITY clerk.
The franchise which has been amended
was read by Mr.. Kramer. The mayor
then asked the council what was their
wish. For several minutes profound 81
ler., regned. Mr.. Reese then arose and
moved that the city accept the PROPOSE
ito mas submitted by Mr.. Church. Mr..
Volk seconded the motion. An aye and
nay vo.. was called for The motion
passed, but Mr.. Volk asked that it be
Recorded. The clerk called the roll and
Sk6Iy MEMBER NOleu aye.
Mr.. NIcLain moved that the mayor and
City clerk be authorized TO sign the con-
tract. The motion carried.
Someone said that it might be necessary
FOR Mr.. Church to get a new charter. Mr..
Church had not consulted with his at
torney on this matter and in order that he
would be given sufficient time to get a
new charter if it was found necessary,
the council adjourned until next Thurs
day night, when the final details Will be
comsummated.
The new ordinance Is as follows:
This contract made and entered into
this 9Th day of August, 1898, by and be-
tween the city of Wichita, party of the
first part, and the Wichita Railway, Light
and Power company and Herbert q.
Church, parties Of the second part, wit
nesseth that,
Whereas, The city of Wichita has here
tofore granted a franchise to the Wichita
Railway, Light and Power company for
the purpose of constructing a street rail-
way and light plant in the city of Wich-
ita, and,
Whereas. The time specified in said
franchise in which said light plant and
pleted has expired; and.
Whereas. The said street railway COM
pany now desires further time in which
TO complete said street railway and light
plant; and,
Whereas, Said city of Wichita, by and
through its mayor and council, is willing
10 grant an extension of the franchise
heretofore granted to said Wichita Rail-
give said railway, light and power COM
pany until the first day of March. 1899 in
which to complete and fully equip a street
railroad and Night plant now it is hereby
igreed that work on said street railway
and light plant is to commence within
thirty days from the date Of the granting
CT renewal of the franchise. The franchise
to be granted by said city to said second
parties to be the same as ordinanc No.
I44l, except certain changes as herein
specified:
That the words in the latter part of sec
ton two. tO-wit: South from Thirteenth
street." be omitted therefrom; that the
addition to section four. THAT all rails
laid on paved streets shall be a least
sixty pounds per yard in weight" The
ends OF all rails shall be connected with
fisa-plate joints or other connections
equally as good.
II is further agreed and understood by
and between the parties hereto that, Cor
the purpose Of insuring the completion of
the contract herein entered into and for
the purpose of insuring the building of
the street railway and light plant here
tofore mentioned by the time therein men
toned. in accordance with the terms of
the franchise about 10 be granted TO said
company, or to such persons as they may
designate, that said second parties hereby
agree to deposit with 5. B. Herman, city
treasurer of the city of Wichita. the sum
of Ten Thousand $4,000 Dollars. the same
to be deposited with the present city
depository of the city of Wichita and to
be held by him in such depository until
said second parties or the parties 10 whom
said franchise may be granted shalt COM
plete and fully equip said street railway
and light plant in accordance with the F!
franchise about to be granted, and the !
contract this day entered into between !
said parties.
And ii IS further provided that the said !
sum Of Ten Thousand $4,000 Dollars 10 /
be so deposited shall he treated and con- |
sidered as lquidated damages and not as /
penalty. in case said second parties shall |
fail to carry out their contract in build /
ing said light plant and street railway. /
SAID Ten Thousand $4,000 Dollars TO be 4
deposited before 10 O'Clock q. m. on Aug /
ust TO- 1895.
And it IS further provided that in case 1
said second parties or the persons 10 whom 1
said renewal franchise may be granted /
shall fan 10 build either The street rail- /
way, as herein contracted. or the light /
plant. as mentioned in the franchise about 1
IL be granted. by the time and in the /
manner specified IN said franchise and 1
contract herein mentioned. then the said /
second parties shan forfeit and pay to the
city Of Wichita the sum Of Ten thousand
$50 oo0l Dollars So deposited with the city
treasurer. as aforesaid.
And il is further provided and agreed
that in case the said parties Of the second
part or the persons 10 whom the renewal
franchise may be granted shaA complete
and fully equip said street railway with:a
the time and in the manner expressed and
contemplated by said franchise and SHAH
bui,d and equip the light plant as pro-
vided for in said franchise, within the
time mentioned in this contract. then the
said city OF Wichita shall return to SAID