Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1906-08-23

snme distance on each side oil the
center Of the street; provided. that
said company may at amy time con-
struct a double track on such
streets ns they may desire.
Section q. The tracks OF said rail-
way shall be laid and kept on the
established grade of the streets
and alleys as they now are or here
after may he established, along or
through which II pnsees without
waste or borrowing from the street;
and snid grantees, their successors
aud assigns, shall construct and
maintain suitable aud proper cul'
verts whenever aud wherever re-
quired by said city; provided. that
whenever the grade OF any street
over which the right of way 10 here
by granted shall not have been
established, then aud in such case
they shall have the right TO build
their tracks on the surface OF the
streets; provided, that whenever
the said grade shall be established
that then said grantees. their sue
cessors aud assigns, shall place
said tracks upon the grade 80
established.
Section Z. Said grantees shall
level the space between the tracks
II snid road and the rails 10 the
same level as the balance OF the
street aud maintain the same In
such condition in q good, work.
man like manner 80 as TO interfere
az little as possible with public
travel on said streets. :.
Section 8. The cars OF said rail
way shall be operated 30 that the
rate of speed within the city limits
4 said city shall not exceed ten
miles per hour.
SECTION o. The right OF way here
=, granted by this franchise along,
across aud upon the streets ano
venues of said city, upon which
said grantees shall not have con-
dructed and have in operation
their cars thereon within eighteen
months after the taking effect Of
this ordinance. shall and IL Ia here
by agreed TO be forfeited and said
grantees, their successors and
assigns, shall have no right there
after by virtue OF this ordinance, TO
enter upon said ctr, cts and alleys
Section 10. The right OF way Of
the streets. avenues and alleys
along, across and upon which the
tracks contemplated ind author
lied TO be constructed and operated
by the grantees in this ordinance
shall be-. remain and vest in said
grantees only 20 long IA the same
shall he used ~ aforesaid Tor th'
purpose Of said street IA rway, sub
iert 10 all rules and ordinance.
made by said city in the exercise oi
its lawful powers; provided that
nothing in this ordinance ehall 6e
construed as granting the exclusive
privilege to use any OF said street.
and alleys for the purposes herein
granted aud provided, further that
the srid city shall not be held liable
to said grantees, their successors
and assigns. in damages for an!
intervention. il any there be. foi
such time as may he necessary to
lay down water, gas. or sewer pip q;
provided that for any injury to said
road he'd that all repairs necessary
to put said tracks or any part al
said road. water ways or culverts
in their original condition. shall be
n, the expense Of said city and that
il will repair all injuries so caused
as aforesaid and save the company
harmless from any expense 30 In
CURED; nor shall anything in this
ordinance be so construed a. to
pass from the city full and com.
plete control Of the strr-'s and
allie, in which this grant author
ICES said tracks 10 be laid, and its
control shall be as full and com
pleie as il no grant had been given;
subject, however. TO the express
condition to use the streets in thu
manner and for the purposes
named herein.
Section II. The cars of the said
grantees, their successors and
assigns. shall at all times be en-
titled 10 the track, and the driver o.
very other vehicle upon the track
or by the aide thereof, except fir.
.ngiues, hose carts, and fir
aparatus while going to and from
fires and while extinguishing tires
shall turn such vehicle out whei
any car approaches, so as TO leav,
the track unobstructed for free
passage of cars.
Section II. The fare on said rail.
way provided for in this ordinance
shall not exceed five cents for eacl.
from any point on SAID
line within said city, for con
,inuous passage to any other point
thereon within said city, provided
hat said company may charge
iouble fare between the hours OF
en- o'clock p. NJ, and five O'Clock
a. m, and said company shall b.
permitted TO carry the baggage be.
to aud accompanying pas.
sengers at all times. Said grantees
shall have the further right TO carry