The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1906-09-20

at the option of said City, cease and
determine. If at any time after five
years from the passage of this ordin-
ance there shall be any portion OF any
street or avenue upon which the priv
ilege to construct and operate said
railway is by this ordinance granted,
upon which such railway shall not
have been constructed and be in actual
and continuous operation, the right
and privilege of constructing, main
tanning and operating such railway
upon such portion Of such street or
avenue shall be deemed to have been
abandoned by said Company.
Section 4. II at any time hereafter,
any person, company or corporation
having authority from said City Coun-
Gil to construct or operate any railway
system in said City shall desire to use
or run its cars over any track laid by
said Bookings & Sioux Falls Rail-
way Company along said Medary
Avenue, such person, company or
corporation shah have the right and
privilege to use and run its motors
and cars along any such track upon
such reasonable terms and conditions
and under such reasonable rules and
regulations as may be agreed upon
| between such person, company or cor
poration and said Brookings 4 Sioux
Falls Railway Company and if they
fail to agree, then upon such reason
able terms and conditions and under
such reasonable rules and regulations
as the City Council of said City may
determine. Said City reserves the
right TO grant to any other person,
company or corporation the same
rights and privileges hereby granted
to said Brookings d Sioux Falls Rail-
way Company TO construct, maintain
and operate a system Of street railway
upon, along and over any and all por-
tons of said streets and avenues upon
which said Brookings q Sioux Falls
Railway Company shall not have con-
structed its railway tracks within two
years after the passage of this ordin-
ance but over all such tracks laid
within five years from the passage Of
this ordinance by any person, COM
pany or corporation along, any pOr-
ton OF any street or avenue specified
in this ordinance. said Brookings u
Sioux Falls Railway Company shall
have the right and privilege to run its
motors and cars upon such reasonable
terms and conditions and under such
reasonable rules and regulations as
may be agreed upon between such per-
son, company or corporation and said
| Brookings d Sioux Falls Railway
| Company, or in case they fail to agree
| then upon such reasonable terms and
conditions and under such reasonable
rules aud regulations az the City
Council of said City may determine.
Section 5. All the rights and privi-
leges herein granted to the Bookings
q Sioux Falls Railway Company, a
corporation, and all the duties and
| obligations assumed by it under this
ordinance shall vest in and be obllga-
tory upon its successors and assigns.
Section 6. Whenever any permit IS
issued for the moving OF any building
on or across any of the said Company's
tracks, said Company shall, upon
reasonable request therefor and the
payment of two dollars, remove all
overhead wires, if any, so as to permit
the passage of such building.
Section Z. All ordinances and parts
of ordinances in conflict with this or
dinance are hereby repealed.
Section s. This ordinance shall
take effect and be in force thirty days
after its passage, approval and publ
cation, providing said Company shall
within that time file with the City
Auditor its written acceptance of the
provisions hereof as required by Sec
| ton three hereof.
Passed September 18th, 1906.
Approved September 18th, 1906.
+. Nj. kREMER,
Attest: Mayor.
q. H. SToDDART,
City Auditor.
TSFAI1