The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-03

said city upon, which the Grantees
hereunder are authorized to lay rail-
way line. and" it is desirable that the
way be laid at the same time as the
pavement, to the end that proper foun-
dalton may be laid therefor. and that
the cement foundation for said pave
ment be not disturbed;
It Is therefore provided that the said
p. Mcdonnell or such other person as
may hereafter be by resolution Of the
Council, provided the said F. Mcdonnell
granted permission to lay the rails and
road bed wherever In this ordinance
provided for in accordance with the
provisions hereof, upon any Of such
final acceptance of this ordinance. either
by the Grand Forks Transit Company
or the Grantees herein, and whatsoever
proceed thereunder, shall as condi-
ton precedent to their right to accept
the same. pay to the said F. McDon-
nell, or such other person as above pro-
nishing Of the material and the laying
of said rails and road bed in sum not
to exceed the price of Five Dollars and
Fifty Cents (?6.6O) per running foot Of
said said city. before Hing I any ny Acceptance.
either from the Grand Forks Transit
Company or the Grantees hereunder.
shall require that the person so Ming
and attached hcreto. file proper re-
ceipt from the said P. Mcdonnell, or
such other persons as above, provided,
showing that he has received payment
Section 81. Whereas under section
10 of Ordinance No. 1856 approved April
18th. 1904. the Grand Forks Transit
Company, which is the assignee ,s,is "a and nd
by the said Ordinance No. 166, has an
option within sixty days after the ser
vice Of written notice upon 1t to elect
this city, an NoW therefore in pursuance
Of the provisions Of said section 10 Of
the City Of Grahd Forks is directed i'm
dinanse BY ap .he CITY counci to
a written notice upon the Grand Forks
Transit Company. which said notice
shall be accompanied by copy. OF this
Grand Forks Transit Company in the
event that 1t desires to become the
grantee under this ordinance. that 1t
may do so within sixty days from the
fling a written acceptance with the said
City Auditor. and by complying with all
Of the provisions hereof. In the place
and stead Of the Grantees hereinbefore
named; in which event and after it has
the costs of the laying Of the rails and
other material upon the streets az here.
sSe 9een G . MSf
the said Grand Forks Transit Company
shall without any further notice or
thing, be and become the grantee un-
der the terms s Of this 9rd Iandss n the
Kelsey, E. H Kent. and o. A. Webster.
above named.
Section ~. Within i've days after
the notice for the Grand Forks Transit
Company to exercise its option. in the
event that 1t has not so done. and has
not paid for the rails and road bed as
Grantees hereunder, their successors or
assigns, shall file with the City Auditor
their written acceptance of the Grantees
herein made subject TO al the reguia-
which said acceptance shall be accom-
panied by q receipt from the contractor
showing that payment. has been made
for the laying os 81 an any ra ana max aye
been laid or contracted for under the
permission hereby granted; and when
80 accepted this ordinance, Y thereto
and When properly published. shall be
and become contract between the City
Of Grand Forks and the Grantees. their
successors or assigns. In case sucn
W wrsten said time, then this ordinance
may be repealed by the City Council at
its option.
road herein authorized which lies
within the Eighth Paving District shall
be constructed in the same calendar
year that such pavement Is laid. during
the years 1908 and 1909. the Council
shall have authority to repeal this or
dinance, even though 1t may have been
Formally accepted as herein provided.
Section "a. The cost Of the publtca.
ton Of this ordinance shall be paid to
the publishers by the party who accepts
the same under the terms hereof.
Section rs. This ordinance shall re.
neal the ordinance heretofore granted
Ia n. 4, Lander and others. approved
july eth, 1908. and this ordinance shall
take effect and be in force from and
after its passage, approval and publ
cation. in SO far as permission to lay
rails with the construetion Of the pave e.
ment 10 concerned. ana Is to al other
provisions, from and after its formal
Acceptance as herein provided for.
Passed August 81, 1908.
Approved September 2. 1908.
President of the City Council and
Acting Mayor, the Mayor being
absent from the City and State.
(ssAl.)
Attest:
". H. Alexander. ~
City Auditor.