The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-16

the publication of this ordinance, said.
The Kansas City, Mexico and Orient
Railway company shall file with the city
clerk of said city. its acceptance in writ
ing Of the provisions Of this ordinance
Use of Mosley Avenue.
An Ordinance Regulating the Occupancy
and Use of Mosley and Washington
Avenues in the City of Wichita. by the
Kansas Midland Railway Company,
It's Successors, Assigns and Lessee or
Lessees. and the Kansas City, Mexico
& Orient Railway Company, It's Sue
cessors and Assigns.
Be It Ordained by the Mayor and Coun-
cimen Of the City of Wichita, Kansas:
Section / That the Kansas Midland
Railway company. its successors, assigns,
lessee or lessees, shall occupy and use
MoIey avenue and Washington avenue. in
said city, for q right-of-way for its or
their railroad tracks, subject 10 the right
of-way and use of said avenues by the
Kansas City, Mexico & orient Railway
company; and that. unless otherwise
agreed upon by said companies. their
successors. assigns, lessee or lessees. the
west one-half OF said avenues shall be
used and occupied blythe said Kansas Mid
land Railway company, its successors,
assigns, lessee or lessees. and the east
one-half OF said avenues by the said The
Kansas City. Mexico & Orient Railway
company, its successors and assigns, and
the tracks of each Of said companies,
their successors. assigns, lessee or lessees,
shall be laid and maintained equi-distant
from the center line Of said avenues, so
as to allow each the use Of one full half
thereof, but subject to each and all of
the provisions Of the ordinances granting
to said companies respectively a risht-of-
way over along and upon said avenues;
provided that until the provisions Of this
ordinance are complied with, or nego-
tiahons. concluded between the respective
companies, the said The Kansas City,
Mexico & Orient Railway company shall
have the right to locate. construct and
operate its line over upon and along any
portion Of said avenues which are at the
date Of the passage Of this ordinance I'M
occupied by said Kansas Midland Rail-
way company, its successors, assigns,
lessee or lessees; or any Of said avenues
that have not been occupied by the
Kansas Midland railway
Site for Depot.
An Ordinance Granting a Right Of Way
to the Kansas City. Mexico ana Orient
Railway Company, over, Along and
Upon fremont Street in the City of
Wichita, Kansas
BE II Ordaineq by the Mayor and Coun-
ciimen OF the City Of Wichita, Kansas:
Section J. That a right of way be and
the same is hereby granted to The Kan
sas City. Mexico and Orient Railway
company. its SUCCESSORS and assigns. to
construct. operate and maintain its line
OF railway. with telegraph line. side
tracks. switches and turn-oUts over.
along and upon fremont street. in the
city of Wichita. from the south limo or
William street south to Bailey avenJe.
as now Aid out or hereafter TO Doe ex-
tended. and to a connection with tht
line OF the Kansas City, Mexico ana
Orient railway, extending through said
city of Wichita, and over and across all /
streets. avenues and alleys intersecting
said fremont street, between said points, /
Provided. thata roadway for wagons and /
vehicles at least ten feet in width out
side Of the present curb line shall be /
kept unoccupied by tracks( except turn. /
outs along the west side OF fremont /
street from William street to Kellogg |
street
Sec. ,. The said railway shall be con (
structed and maintained as near as prac- |
ticable with the established grade OF /
said street. and said railway company. (
its successors and assigns shall provide .
for and maintain all the S>>cessary drain
age under its track or tracks. shall not .
unnecessarily obstruct or impede public .
travel across said street or the roadway
along the west side thereof, and shall I
provide for and maintain all necessary
crossings IF sidewalks and street road
ways at all streets intersected.
Sec. 5. The city shall have the right
70 pass and enforce an reasonable or
dinances for the regulation of the run
ming or standing of trains. engines ana
cars upon said street. and for the en-
1orcement Of each and all of the pro
visions of section two Of this ordinance.
provided. that the right To use sale
street in connection with passenger and E
freight depots adjacent TO said stree
Shau always be recognized.
Sec Tn said railway company
shall accept the provisions of this ordi-
nance in writing 20 be ed " tn The
city clerk within sixty days after its
first publication. and when said railway
shan Doe constructed over. along and
upon said street tho rights and fran
chises hereby granted shall be contin-
nous and perpetual.