Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-10-01

the city applicable thereto. and erected un-
der the direction of the city engineer. ana
sci AZ such depth in the ground as TO MAS
their support substantial and adequate.
and cross wires or brackets, as the case
may be. for the support of the trolley
wire, shall be maintained at every point
at not less than fifteen ieet above the sur
face of the street. All such posts. brackets
wires and fixtures shall be maintained 10y
said grantee at all times in good oritr
and condition to the satisfaction OF me
street commissioner. or city engineer. as
hereinafter provided. and in such manner
as not to impede public travel; during
| such time or times as the operation there
of by electricity shall be interrupted or
| suspended by reason of accident to the
electrical equipment. animal or other mo.
i've power except steam. may be employed
in propulsion Of the cars on the whole or
| any part of the line of railway.
| Section 3. The authority ana PERMISSION
| as hereby granted are subject to the foi-
| lowing terms. conditions and restrictions;
(a) The track shall be standard guage:
| four feet eight and one-half inches. and
| shall be constructed of rails of at least
forty pounds to the yard. laid on ties IN a
good substantial manner. upon or as near
the middle of the street as may be prac-
| ticable. so as to obviate so far as possible
any obstruction or hindrance or other
| proper use of said street. That the rails
so used shall be Il tee rail. and the road
| shall be planked between the rails at
! street crossings with a plank protection on
| either side thereof. The cars to be run on
| said railway and other equipment. shall
be of the best class and style in use by
! such railways and said cars shall be heated
| and lighted. The road bed shall at nj!
| times correspond with the actual grade OF
the street and shall be so laid and main
tanned that carriages and other vehicles
| can easily and freely cross the track at
any and all points. When snow shall be
thrown from the railway tracks 1t snail
he levelled or disposed of by said grantee
so as not to be an obstruction to travel
on the streets. And said grantee shall
keep the space between the rails and for
a space of one and one-half feet on each
side thereof. paved. where the street is.
or may hereafter be paved. and In roper
repair so as not to Interfere with travel
over the same, and shall at all times keep
and maintain the same paved as aforesaid
and in repair and in condition at Its own
cost and expense. subject to the approval
of the street commissioner or city engineer
as the city council may direct, and shall
when notified by the street commissioners
or city engineer to pave or repair the
same, Immediately make such repair as
may be necessary.
to repair any and all damages done to
streets. paving. curbs. cross or sidewalks.
cutters or other public or private property
caused by the construction or repairing OF
the tracks or setting of the poles along the
streets. highways and bridges as herein
provided. and said grantee shall defend
and save harmless the city of Bismarck
from any and all damage judgments. de-
crees and costs connected Herewith which
may he rendered against the city by rea-
son of the grant of the right and privileges
herein contained. or which In any way may
accrue. arise or grow out of the exercise
by said grantee Of the rights and privileges
, herein contained.
t) The maximum fare shall not exceed
five cents for n continuous ride in one
direction and. except as provided for in
this ordinance or as may hereafter he
agreed upon by the Board of Trustees of
Public property and the City Council, there
shall lao ~, icarip,tpatinn hntu-nap inlivt
duals in the matter of fares.
I'D The cars shall be equipped with all
modern improvements including Tenders;
and shall always be neatly kept. and said
ears shall at all times when in Use have
competent employees in charge.
() The rights and privileges herein
granted shall be for a period of twenty
years. from and after the passage. APP
~ Said grantee shall at all times rur
and operate cars over said streets every
dav in the week except Sunday at such
times as may he fixed upon by the board
of North Dakota. provided. however. that
all cars shall run at regular intervals.
(g) When it shall be necessary for an,
person or persons to move across any ol
said streets or highways any house or 9th
er building of such height or size as to in
terfere with any of the poles or wires O.
the railway constructed and maintained
under this ordinance said grantee shall up
Oh receiving at least twenty-fonr hour
notice in writing remove at its own COS
and expense, the poles and wires as ia.
as it is necessary 70 allow the passage o
period of time not exceeding four hours
and said grantee shall not be required Il
keep its poles and wires out of their nor
more than between the hours of lively
O'clock midnight and four o'clock a. m.
and provided further that the route select
ed for moving such house or other build
ipO shall ha fret annrnyaI nv rho .itv ~,
gineer.
Section 4. The cars of said grantee sha
be entitled to the track. and in all case
where any team or vehicle shall meet O
he overtaken by any car, such vehicle shal
give way to such car. nor shall any perso.
wilfully obstruct. hinder or interfere wit
any such railway car by placing. driving o
stopping any team. vehicle or other oh
stacle, in. upon or near the track of sal
railway after being notified by the ringin
of the car bell or otherwise. and whosoeve
snail wilfully violate any provision Of thi
section. shall upon conviction thereof, b
punished by Il fine not exceeding ten dol
lars. All motormen. conductors and othe
employees of said electric street railway shal
obey all reasonable and lawful orders o
the police officers and of the chief of tn
fire department.
Section 5. Said grantee shall carry police
men and paid firemen while on duty an
In uniform. over all parts of the line o
railway free Of charge.
Section 6. The city shall have the RICH
~ pace IRE diaTInS upon all trolley pole
1t may care to utilize Or that DurpOs
and shall have the right to string all neces
sary wires on such poles for such purpose
providing that the placing of such wire
does not interfere with the use of sucl
poles by the grantee.
Section 4. That all work of construction
of the line of railway herein provided for
shall be done under the supervision of tn
city engineer.
Section s. A failure on the part of sal,
grantee TO comply with the provisions here
in contained and TO keep and perform al
Of the conditions herein provided for, shal
and may he declared IA forfeiture of thi
franchise and the same shall and may b
declared cancelled and of no effect by tn
clty council Of the city of bismarck upo
sixty days notice thereof to the Governo
of the state of North Dakota.
Section 8. This ordinance TO be void an
all rights herein granted shall cease an,
he Of no effect unless the said grantee u
It's board Of trustees of public propert
Shall within thirty days from and after It
passage ard approval file with the cit
auditor Il written acceptance thereof. An
II Is further provided that all rights an
privileges herein granted shall cease an
tie of no effect unless the said granite
shat on or before the first day of January
1904. construct and have in operation tn
line of street railway as herein provide
for. or such other line as may be agree
upon and designated by the city counc
and said grantee In lieu thereof.
SGsffAb IN A HIM A, tho ..n., - -.