The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-30


but not for the transfer On any paraiid re-
tnrn route: Provided. That chlIdren CT
less than I'VE years of age. when accom-
panied by parent or some other person
In charge thereof. shall 30 allowed % ride
free; and provided. further. that al po-
licemen and arenen OF the city OF
Wichita while in the discharge Of their
duties and wearing uniforms or badges %
ctllee shall be allowed to ride free
See g. All rolling stock. repair shops
and the business once OF said railway
system shan be kept in the city of wieh-
ita.
Sec. 10. The said city Of wIchits re
serves the right to take up the track or
tracks and remove the rails Of said rail-
way system when necessary 70 effect any
public Improvement: the taking and re-
laying OF such tracks and placing the
road-bed In It's former condition &c Be
done at the expense Of the city without
unnecessary delay
Sec. IL. Whenever Il becomes neces-
sary to remove snow or Ice from said
tracks 1t shall be distributed over and
along said streets so as not to obstruct
the free use and occupancy of the street
by the public: Provided. That the said
J. o. Davidson. his associates. successors
and assigns shall sweep. clean ana re-
move from their right Of way 70 the full
width thereof at such time or times ss
the city Of Wichita likewise sweeps,
cleans and removes from the remainder
OF the streets and avenues upon which
said ]. o. Davidson. his associates. sue
cessors and assigns shall operate their
lines Of railway all dirt. droppings. OBJ
structions. etc. or shall pay to the city of
Wichita such proportion OF the amount
that the said city Of Wichita may be re-
quired to pay for the sweeping. cleaning,
etc. the full width of said street or ave-
| nues as the width of said right OF way Is
to the width OF the whole street or ave-
nue. so swept. cleaned. etc
Sec. Il The tracks and cars propelled
thereon may be used for the transfer OF
such materials and supplies to be used In
the construction, repairs and operation Of
| said railway, as said railway company
may require, and for the conveyance OF
| such other property as IL may desire.
and In no case shall the cars on said rail-
way be propelled by any other power
than electricity without the consent OF
the mayor and city council.
Sec 10. That to prevent the destruction
and mutilation OF shade trees along the
streets and highways OF said city. II is
provided that the said ]. o. Davidson.
his associates. successors and assigns are
hereby prohibited from cutting or trim
ming trees. except under the direction OF
/ the city engineer. or some person duly
authorized by the city council so to do.
Sec. II. The cars OF the said railway
system shall at all times be entitled to
the track. and the drivers Of any vehicle
on the track or by the side Of the track
shall turn such vehicle out upon the ap-
proach of any car.
Provided, That steam or other fire ap-
paratus of the city OF Wichita shall AT al
times when answering an alarm OF IRE
have the right Of way upon. over. across
and along the track of said railway. and
the cars OF said railway system shall be
stopped Immediately upon the sounding
of fire alarm and the approach Of fire APP
paratus: and at all times the cars shall
be stopped when the apparatus of the fire
department shall be within a distance
of three hundred feet Of the cars OF said
railway system. and eaid cars shall re-
main at a standstiIl until said fire depart
ment has passed.
Sec. Is. II at any time the said council
shall deem 1t necessary TO the interest OF
the city to construct a street railway on
any other street within the corporation
Of the city of Wichita on which there
shall be at that time no street railway In
operation, and said city council shall give
notice in writing to the said ]. o. David
son, his associates, SUCCESSORS ana as
signs OF such desire for said railway. and
the said J. o. Davidson. his associates.
successors and assigns shall fall to con-
truct and operate a street railway on
said street or streets within six months
after the date OF said notice. then the
said ]. o. Davidson. his associatet. sue
cessors and assigns shall forfeit the right
OF way on said street or streets specified
in said notice.
Sec. Is. The said ]. o. Davidson. his
associates, successors and assigns shall
keep in repair the pavement in the space
between the tracks on all paved
streets where It may have double track
and the space between the rails and
one foot outside Of each outside rail. ana
shall keen in repair the pavement In the
space between the rails and one
foot outside Of each outside raii
on all paved streets and avenues
upon which they may have
single track. at their own expense; ana
whenever said ]. O. Davidson, his asso-
ciates. successors and assigns shall here
after lay and construct a railway track
upon any street upon which there f.
Fan
after the laying and constructing OF said
tracks az near as It may be to Its Tor
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 J. o. Davidson, MS
associates. successors and assigns shan
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 Tor
one foot outside OF each outside rail- AND
in case the said ]. o. Davidson, his a.
socIates. SUCCESSORS and assigns SHAH
fail 10 construct and keep said pavement
in repair As specified herein. the said city
of wichita may construct said pavement
and make said repairs a. its own cost
and recover the price OF the same from
the said J. o. Davidson. his associates
successors and assigns in an action
brought for ;Aas purpose; PROVIDED. Ihai
before making such repairs the mayor %
the said city shall first give the said
] O Davidson. his associates. suocss-
sors or assigns one days notice In writ
inc % make said repairs and thirty days
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