The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-01
Chicago, III.

other property as II may desire, and In
no case shall the cars on said railway
be propelled by any other power than
electricity.
Sec. 12.-That to prevent the destruction
and mutilation of shade trees along the
streets and highways Of said city, IL IS
provided that the said Henry {. Scout
his associates, successors and assigns are
hereby prohibited frbfn cutting or trim
ming trees, except under the direction OF
the city engineer or some person ouiy
authorized by the city council so TO do.
Sec 13.-The cars of the said railway
system shall at all times be entitled to
the track and the drivers of any vehicles
on the track or by the side thereof shall
turn such vehicle out upon the approach
Of any car. so as to leave the track IN
obstructed for the passage of such cars:
Provided, That steam or other fire ap-
paratus of the city of Wichita shall at
all times when answering an alarm OF
fire have the right of way upon, over,
across and along the track Of said rail-
way, and the cars of said railway sys-
tenn shall be stopped Immediately upon
the sounding of fire alarm and the APP
proach Of fire apparatus, and at all times
the cars shall be stopped when the APP
paratus Of the fire department shall be
within a distance of three hundred feet
of said cars of said railway system, and
said cars shall remain at a stardstiil
until said fire department shall have
passed.
Sec. H.-If at any time the said council
shall deem It necessary in the interest
Of the city to construct a 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 op-
Grafton, and said city council shall sive
notice IN writing to the said Henry c.
Scott, his associates, successors and as
signs of such desire for said railway, end
said Henry c. Scott, his associates, sec
cessors and assigns shall fail to construct
and operate a street railway on said
street or streets within six months after
the date of the said notice, then the said
Henry c. Scott, his associates, success
sors and assigns shall forfeit the right
of-way on said street or streets specified
in said notice.
Sec. 15.-That the said Henry 2. Scott,
his associates, SUCCESSORS and assigns
shall have the right to abandon any or
the lines Of railway constructed and OPP
Grated by them under this ordinance
whenever the gross receipts OF said line
or lines for a period OF one year are In
SUFFICIENT to pay the necessary operat-
ing expenses Of said line. but not other
wise; but they shall not remove the
track or wires without the permission OF
the city council.
Sec. 16-The said Henry G. Scott, his
associates, successors and assigns shall
keep in repair the pavement on all paved
streets where it may have double track
in the space between the tracks and the
space between the rails and one loot
outside OF each rail at its own expense.
They shall also keep in repair the pave
ment in the space between the rails and
one foot on the outside of each rail on
all paved streets and avenues upon which
they may have a single track, at their
own expense; and whenever said Henry
c. Scott, his associates, successors and
assigns shall hereafter lay and construct
a railway track upon any street upon
whichthere is a pavement 1t shall restore
said street after the laying and con-
structinS of said track as near as IL may
be to its former condition at its own ex-
pense; 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 ana
assigns shall construct the paving ana
maintain the same between the rails OF
the track and for the space OF one loot
outside of 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 bne
one foot outside OF the outside rails. And
in case the said Henry c. Scott his asso-
ciates, 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 repairs at it's own cost and re-
cover the same from the said Henry c.
Scott, his associates, successors and as
signs, in an action brought for that pur-
pose; and provided that before making
such repairs said city shall first give
the said Henry c. Scott. his associates,
successors and assigns thirty days no.
tice in writing to construct such pave
ment and make such repairs.
Sec. 1.-THE said Henry c. Scott. his
associates. successors and assigns shall
save the city OF Wichita harmless from
all costs. damages and expenes for the
payment Of which the city may become
liable to any person. persons or corpora
lions by reason OF the granting OF this
franchise o. by reason OF the construc-
tion. maintenance and operation Of said
railway system. tracks. power house and
appurtenanCes thereto. or by reason %
the std Henry g Scott. his associates.
SUCCESSORS and assigns falling TO con
form or comply with the provisions and
requirements In this ordinance
Sec. u That said railway system shall
~ no time during the existence OF this
franchise be Bonded TO an amount in ex-
cess Of the cost az construction and
equipment Of said railway system. and
10 arrive At the cost % construction AM
equipment the books os TIE said system
shall be opened IN the Inspection Of the
mayor CT any COMMITTEES OF the council
appointed for that purpose.
Sec ls--Thai IN case the said Henry c.
Scott his associates. successors and as
signs shall tor an unreasonable time neg
leet for an unreasonable time % prop
eriy maintain and operate said street
railway system In accordance with the
spirit and intent % this ordinance. and
shall TAN without Just and reasonable ex-
euss % szhstaniilly eouply with ths ma