The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1908-08-06
ORDINANCE NO. IS.

ofNHNAA w liz iNoofN
iNGS IL SIOUX FALLS RAILWAY CON-
PAN1, a corporation duly authorized and in
corporated under and by virtue of the
laws of the State of South Dakota, its success
sors, assigns, lessees, sub-lessees and licensees,
the right, power and authority to construct.
maintain, own and operate a system of
lnterurban Railway in the CITY of Brook
ings, together with all other rights, powers
ana privileges in connection with and Incl
dent thereto.
BE IT ORDAINED BY II CITY COUN-
Gil OF THE CITY OF BOOKINGS:
Section l. That there be and hereby is
granted to the BROOKINGS & SiOJX
FALLS RAILWAY COMPANY, a corpora
tion duiy authorized and Incorporated under
and by virtue Of the laws of the State of South
Dakota, its SUCCESSORS. assigns. lessees, sub
lessees and licensees. the right. power and
authority to construct, maintain, own and
operate an interurban railway system for
th" carriage of passengers, freight. mail
and express across and along such Streets.
Avenues and Alleys as may be necessary to
reach its depots and yards and to the
northern limits of the City, as follows:
Over, upon and across South Third street,
between Medary Avenue and Eighth Avenue
South, in the Southeast quarter Is. e. ~
Of Section Twerty-siX (26) in Township
one Hundred and Ten G1O), Range Fifty
Or. 500, West of the 5th =. NJ. in Brook
ing County. South Dakota; over, upon and
across South Second Street, between Medary
Avenue and Eighth Avenue South; over,
upon and across Front Street in SINNERS
FIRST AG1ltlOn 10 the city or lbrOokl02S, De-
tween Eighth Avenue and Seventh Avenue;
over, upon and across Seventh Avenue at
Front street: thence upon, along and over
Front Street to First Avenue, crossing Sixth
and Fifth Avenues, Main Street end Third
and Second Avenues; thence along upon
First Avenue to it's northern limits. eros
sing Williams. Fifth, Sixth, Seventh, Eighth,
Ninth and Tenth Streets.
such system to be operated by electric
or other mechanical power, except steam,
provided, said railway company shall have
the right to use steam power, IL necessary,
during construction. Said privilege includes
the right to lay and maintain single or
double tracks with the necessary turnouts,
. curves and switches; to erect, maintain and
wire trolley poles; to run cars and carriages;
and to do any and all things necessarily
i%"ef7crt to said system.
Section .. Said railway shall be of stan
dard guace. -four feet eight and onc-half
inches wide. and II shall be subject to such
reasonable rules and regulations as the
Citv Council NAV from time to time pre-
v~ribe: II shall be constructed, maintained
and operated upon the most improved plan
and so as not to obstruct public travel upon
any of said streets or avenues: its cars
motors and carriages shall be OF the latest
and most approved construction, and shall
h enuipDcd with all such modern improve
ments as shall be necessary Tor the saletN'
comfort and convenience or the employees
passengers and the public. in the operation
of the same; its rails shall be laid true TO
the established street grades. ana husn with
the surface Of the street where posslple or
practicable. and shall not he permitted to
project above the same. It's tracks shall
he kent in frst-class condition, clean ana
free from snow. and that portion of the
street or roadway between its tracks ana
for one foot from the outer edge thereof.
Intending cement Cross-walks whenever ana
wherever ordered by the City Council, shall
be properly constructed and kept in repair
aud condition for the safety and conNeh-
iarco of the public by said Company at It's
.u.. Said railway shall he so con-
etructed and operated so as to Interfere as
little as possible with any system or Gram
a~e sewerage, waterworks, electric nights
or telephone, now, or hereafter 10 pt' e-
tahrtsbAd nv said City. and any change in
said railway system hereafter necessitated
bv any change in any municipal plant or w
the grade of any street or avenue shall pt
mode by Said Company at its own EXPENSE
and all injury. damage or change done or
| necessitated to or in any street aNenu.'
alley. curb, sidewalk c~ross-walk, pavement
! gutter or other public or private properaS
nv the construction. maintenance OF opera-
.ion of said railway shall be repaired OF
made Nv or 1T the expense or satu NoH
pany. Said Company shall Keep any auu
all cuts or viaducts made by II wlthlh tne
| Citv well drained and in a sanitary coAo'-
ton. no.
~Sootior ?. The rights and privileges
| herein granted shall exist after ana cohtIh-
u q for twenty wears from and AFTER the pas
So 90 hereof: provided that within 30 DAYS
. fter the notification hereof said company
shall file with the City Auditor its written ac-
n~ota~ca of all the provisions or thlH oroi-
| nance: Provided further. that SAID COM
,anv shall have fully completed ana IN
actual and continuous operation at ieast
| a,e mile Of said railway in said CITY WITH
| IN two years after the passage or TINS or
aioanca: Provided further. that SAID com
norv shall fully and faithfully comply with
| oil and singular of the provisions OF TINS
ordinance and all lawful rules and regula-
tions of the city Council. But IL said Com
navy shall fail to file its written accordance
vritbir tho time aforesaid. or fully and
saithfniv to comply with any or all or the
~~ovis,o~s Of this ordinance or any lawful
| rule or regulation of the City Council, then
Il, NV of the said cases, the rights and
| privileges granted by this ordinance shall,
1T tho ortic- Of said City. upon due notice,
| cease and determine.
section 4. If at any time hereafter. any
| no~so,. comnanv or corporation having au-
thoritv from said City Council to construct
~ o-orate anv railway system in said City
shall desire to use or run its cars over any
.~,-s laid nv said Brookings & Sioux Falls
| Railway Company. such person. company
or corporation shall have the right and
| privilege TO use and run its motors and
cars along any such track upon such reas- |
enable terms and conditions and under
such reasonable rules and regulations as |
may be agreed upon between such persons.