The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-16


center OF the street on which 1t Is To-
Gated as practicable, the location OF the
track and rails to be given said COM
pany by the city engineer or some per-
son authorized by him to do so. upon re-
quest Of said company or its representa-
tives.
Sec. 3. That in case and 50 long as said
company shall adopt ana make use OF
what is known as the overhead electric
system the poles supporting the wires or
said company shall never be set nearer
together lengthwise of streets, alleys,
avenues and bridges, viaducts and other
public roadways. than one hundred and
ten feet, except for the guy poles and for
the purpose Of turning corners and at
switches and turnouts; and all OF said
poles shall be set and maintained under
the general supervision and to the salts
faction OF the city engineer OF said city
and the mayor and council. nd II at any
time and whenever said poles shall be
removed from the streets and avenues or
from the place or places where they are
located as aforesaid, said company shall
Immediately thereafter place said streets
and avenues in as good condition as they
were in prior TO the setting Of the same.
all OF which shall be done at the cost
and expense of said company. That no
wire or wires shall be hung on any Of the
said poles lover said public roadways
less distance from the ground than
eighteen feet.
Sec. 4. The said company shall save the
said city harmless from all costs. dam
hn ~
which the said city may become liable to
any person, persons or crporation by rea-
son of the granting Of right-of-way to
said company, or by reason OF the con-
struction or operation of said railway, or
by reason OF said company failing to per-
form or comply with any of the provis-
ions or requirements contained in this or
dinance: Provided, That said company
shall in all cases be notified by resolution
Of the city council of the tendency Of
any suit for such liability, and be given
an opportunity to defend such suit upon
its merits.
Sec. s. All repair shops and business Of
fees of said company shall be kept in
Wichita, and all meetings for the trans
action Of business pertaining to the af-
fairs Of said company, by its officers.
shall be held in wichita
Sec. g. The city Of Wichita reserves
the right to take up the track or tracks
and remove the rails OF said company
when necessary to effhct any public i'm
provement; the taking up, relaying Of
such tracks and placing the roadbed In
its former condition to be dine at the ex-
pense of the city and without unneces-
sary delay.
Section Z. That the cars Of said rail-
way shall at all times be entitled to the
right-of-way on the track, and the driver
Of every vehicle upon the track, OF by
the side thereof. shall turn such vehicle
out Of the way when any car approaches
so as to leave the. track unobstructed
for the passage of such car.
Sec. g. That upon the expiration Of
the grant Of the franchise under this or
dinance. and in case the same shall not
be renewed or extepded, the said COM
pany shall cease to. run its cars, and
shall Immediately remove fits tracks from
placed in thorough sepair by said COM
pany.
Sec. s.-That said company shall with
In sixty days after the taking effect Of
this ordinance, file with the city clerk
Of the city of Wichita its acceptance of
each and all the provisions and conditions
contained in this ordinance, which ac-
ceptance shall be duly acknowledged be-
fore some officer empowered to take &C
acknowledgements.
Sec. 10. That said company may pur-
chase or lease any railway or railways
or any heating or lighting or gas or
power plants in said city or any part
thereof, and may thereafter change the
guage Of the tracks II necessary. and OPP
crate the railway or railways, or heating
or lighting or gas or power plants so pur-
chased or leased. under the terms and
provisions of this ordinance.
Sec. IL That the said company shall
build and construct, or acquire by pur-
chase, its plant and equip and operate its
road to the extent Of at least ten miles,
by electricity or other power, as herein
provided, within twelve months from the
taking effect of this ordinance: Provided,
however, that II the said company shall
be at any time delayed in complying with
the provisions OF this ordinance by act
of God, public enemy, labor strikes, or
any restrain order or Injunction issued
by any court, a like period Of time shall
be added to the time herein prescribed.
Sec Il. The said company shall furnish
Us arc lights Of 1000 nominal candle
power each. which said lights are TO be
lighted each night at dusk and to be ex-
tinguished at one o'clock a m, and also
TO furnish 125 blinker lights, which shall
be lighted each night at dusk and burn
until daylight Said company further
agrees to furnish gas or incandescent
lights for lighting house houses used by
the city. and all parts Of the city build
ing used by the city for period OF Ave
years, not to exceed - lights OF is
candle power each all told. One hundred
and fifty of the said arc lights shall be
placed by the company at the points
heretofore designated by the mayor and
council Of said city for the establishment
Of a new system OF electric lighting for
the streets and public grounds Of said
city. and twenty-five Of said arc lights
shall be placed by the company at such
points as the mayor and council shall
hereafter designate. Such designation to
be made within ninety days fromthe date
OF this contract: Provided, that twelve
OF the twenty-five said arc lights to be
designated by the mayor and city council
shall not be lighted TO exceed seven
months Of the year. said months TO be
designated by the mayor and council.
The said city OF Wichita shall Pay to
the said company for said services the
sum of $1,000 per annum. for the period
OF Ave years. 10 be paid In equal month