The Wichita daily eagle., 1899-08-29

provided thai the SAID j. u DaFfoSon.
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
authorised by the city council so to do.
Sec. a 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 thereof shall
turn such vehicle out upon the approach
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 fire
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 IRE ap-
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, and said cars shall remain at
standstill until said fire department has
passed.
Sec. Is. II at any time the said council
shall deem 1t necessary to the interest Of.
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 j. o. David
son. his associates, successors and as
signs of such desire for said railway. and
the said ]. o. Davidson. his associates,
! successors and assigns shall fail 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 associates. sue
cessors and assigns shall forfeit the right
of way on said street or streets specified
In said notice.
Sec. Is. The said J. o. Davidson. his
associates, successors and assigns shall
keep in repair the pavement In the space
between the tracks on all the paved
streets where II 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 ]. o. Davidson. his asso-
ciates, successors and assigns shall here
| after lay and construct a railway track
upon any street upon which there Is
pavement. 1t shall restore said street
after the laying and constructing Of said
tracks as near as It 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 ]. o. Davidson, MS
associates, successors and assigns shall
| construct the paving and maintain the
same between the rails OF the track ana
| 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 J. o. Davidson, 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 It's own cost
| and recover the price OF the same from
the said ]. o. Davidson. his associates
successors and assigns IN an acuon
brought for that purpose; Provided: Ihat
before making such repairs the mayor OF
the said city shall first give the said
I q. Davidson, 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 ]. o. Davidson. his
associates, successors and assigns shall
save 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
]. o. Davidson, his associates, successors
and assigns failing to conform or comply
with the provisions and requirements OF
this ordinance.
Sec. IS. The sale Of mortgage bonds
upon the railway system, including any
extensions thereof. hereby authorized to
be constructed and operated by said ]. o.
Davidson. his associates. successors or as
signs, shall not exceed twenty-five per
| cent in excess of the cost OF construction
and equipment OF said railway system
and extensions, and the cost Of the prop
erty required for the complete and full
operation Of said railway system; and the
said J. o. Davidson. his associates, sue
cessors and assigns shall furnish the
mayor and council of said city OF Wichita
with a detailed and verified statement OF
the cost OF such construction and equip
ment. and permit the mayor or a CON-
mittee of the council OF said city, ap-
pointed for that purpose. to examine
such of their books as may he necessary
to determine such cost.
Sec. 1s. When the gross receipts Of the
said company. from the operation OF said
street railways. now laid. or TO be laid,
shall exceed $500 per mile. upon the
gross mileage operated. then the said
company shall pay to the city OF Wichita
2t5 per cent per annUm upon such excess
receipts for each and every year in which
the earnings exceed this limit
Sec. %. That in case the said J. o. Da-
wilson. his associates. Successors and as
signs shall for an unreasonable time fail
to properly maintain and operate any or
all Of said street railway system provided
herein with the spirit and intent OF this
ordinance. and shall fail 10 substantially
comply with any OF the conditions OF this
grant all the rights and privileges herein
granted shall be forfeited.
Sec. q. That upon the ex ,,riation oS the
grant Of the franchise under this 0rdin-
ance and in case the same shall not be
renewed or extended the said J. o. David
son. his associates. SUCCESSORS and as
signs shall cease To run its cars and shall
Immediately remove It's tracks from che
/ s.rea.s and said straess shall he uiaced