The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-15

notice in writing to the said Henry c.
Scott, his associates. successors and as
signs OF such desire for said railway. and
the said Henry c. Scott. his associates.
successors and assigns shall fail 10 con-
truct and operate a street railway on
said street or streets within six months
after the date OF said notice, then the
said Henry c. Scott. HIS associates. sue
cessors and assigns shall forfeit the right
of way on said street or streets specified
in said notice.
Sec. 16. The said Henry c. Scott, his
associates. successors and assigns shall
keep in repair the pavement In the space
between the tracks on all the paved
streets where It may have double track
and in the space between the rails and
one foot outside OF each rail and the
space between the rails and one foot out
side OF each rail on all paved streets and
avenues upon which they may have
single track, at their own expense: and
whenever said Henry c. Scott, his ASSOC
ciates, successors and assigns shall here
after lay and construct a railway track
upon any street upon which there Is
pavement. it shall restore said street
after the laying and constructing of said
tracks as near as 1t may be TO its for
mer condition at its own expense; and
whenever the city orders any street paved
which is occupied by the said railway
system, then the said Henry c. Scott, his
associates, successors and assigns shall
construct the paving and maintain the
same between the rails of the track and
for the space of one foot outside OF the
rails on single track lines. and where
double tracks are maintained shall pave
the space between the tracks. together
with the space between the rails and for
one foot outside of each outside rail. And
in case the said Henry C. Scott. his as
sociates. successors and assigns shall
fail to construct and keep said pavement
in repair as specified herein. the said city
of Wichita may construct said pavement
and make said repairs at its own cost
and recover the price OF the same from
the said Henry c. Scott, his associates,
successors and assigns in an action
brought for that purpose; Provided: That
before making such repairs the mayor OF
the said city shall first give the said
Henry c. Scott, his associates, success
sors or assigns one days notice In writ
ing to make said repairs and thirty days
notice In writing to construct such new
pavement.
Sec. II. The said Henry c. Scott. his
associates, successors and assigns shall
safe the city OF Wichita harmless from
all costs, damages and expenses FOR the
payment OF which the city may become
liable to any person. persons or corpora
ton by reason OF the construction. main
tenance and operation OF said railway
system. tracks. power house and appur-
tenances thereto. or by reason Of the said
Henry C. Scott. his associates. successors
and assigns falling 10 conform or comply
with the provisions and requirements OF
this ordinance.
And further, the said Henry G. SCOTT,
his associates, successors and assigns
agree to hold the said city harmless from
any liability which may accrue to the
Wichita Electric Railway and Light COM
pany its successors or assigns. b. reason
OF any act or proceeding taken or insii- |
tu;ed by the said Henry e. Scott his as
sociates. SUCCESSORS or assigns.
Sec Is.-That said railway system shall |
at no time during the existence Of this |
franchise be bonded 20 any amount in eK-
cess of the cost OF construction and !
equipment OF the said railway sysem. /
the said Henry c. Scott his associates. !
successors and assigns shall furnish the
mayor and council OF said city OF wichita |
with detailed and verified statement
OF the cast Of such construction and
equipment, and the books Of the said sys-
TEN shall be opened at all reasonable /
times TO the inspection Of the mayor or
any committee OF The council Of said city
appointed FOR that purpose.
Sec ls. When in any year the gross |
receipts OF said road shall amount 70 /
Sl5,yoo or over. the said Henry e Scott. |
his associates. SUCCESSORS OF assigns shall /
during each year only pay TO the said
city OF Wichita the sum % two and one /
half per cent Of the gross receipts IN eE- /
cess OF $1,000. and the daily receipt books. !
etc. Of the said Henry e. ScStt. his a.
sociates. SUCCESSORS and assigns shall a; |
all reasonable times be open for inspec- I
ton al their Office. and II shall Dc the I
duty os the said Henry e. Scott. bis A. !
sociatss successors and assigns 20 render /
20 the mayor and coznCii OF the city % 4
wichita q verified statement OF the sal /
roads gross receipts ~ the end % each Il
and every month And the said com (
pany shall pay 70 ;be city 81 wichita \
two and one-half per cent q ali its Kress 4
receipts IN excess % the sura % s-sySS 4
a; the end OF each year.
Sec - That u7on the expiration q thS
grant % the Franchise under thfs oFala-
ance and II case the sane shall 10; -
renewed Or eHtessed the szS9 Hsnry g 4
Scott. his assoe1afss. s3ccezso-s al A.
sfgra shall cease = rzn III cars Al shall Il
Immediately remove rs traeks fra ~
streets. and said stress shall b piaosd
IN Thorough repair By sbe sid BsuTy G
Scott hAs associates. s1eoesssra Gad 49,
signA-
So = That ia case the satE Hay .
scoti. hls-assoc1afss. s8eeesHors AID 49,
Signs shall fer az unreasonable ilszs f4a
% properly sazin;afa ard operate aaT ~
al q ssss street TafISsy Eys;e= Er1sides
hsrsls ufsh ~ spirit ase ssss1s % lbs
ordsDAncs, sed shau GAB - SUBSTANTIALLY