The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1917-05-24
NINE

. ktchland County. North Dakota and in
; part by Wilkin County, Minnesota or
the City of Breckenridge. any and all
!. work to be done thereon in the con-
struction, maintenance, operation and
repair Of the Grantees street railway,
Its trolley wires and other equipment
shall be subject to the approval of the
Board of County Commissioners of said
Richland County. or such officer or
agent as said Board may designate. and
; the proper officer of said Wilkin
County or the City of breckenridge, to
that should said bridge at any time be
DESTROYED or damaged, no liability rests
! or shall rest upon the City to recon-
struct or repair the same.
: Sec. II. (a) TAvING.) Should the
to be occupied. by the Grantee under
the permission granted by this fran
chise. be paved at the time of the pas
sage and acceptance of this franchise.
or at any time thereafter. the Grantee.
at it's own cost and expense shall pave
the space between the rails Of it's street
railway track and for one and one-half
material as the City Council may d.
. rect; and the Grantee shall thereafter
at all times keep and maintain such
ton as to conform to the balance Of
. street railway may at such time or
times me-, be constructed and operating.
notified by the Street Commissioner
after the letting Of the contract by the
City for paving the aforesaid street
way may at such time be operating.
Immediately begin the pavement Of
; that portion of the street by 1t to be
ipaved.
(c) The pavement to be installed by
the Grantee shall be installed under
!, the supervision of the engineer en-
ploXed by the City to supervise the in
and. after the installation and compile
ton of the pavement to be installed
by the Grantee. the repair and MAIN
tenance thereof shall at all times be
|, Commissioners.
Sec: ,.. lal tENTENs1oNs.) Should
the City of Wahpeton by reason OF
; LIST. 1929. desire an extension. or ex-
tensions of the Grantees line of street
railway: and the City Council deem it
necessary and profitable that said line
extend the same to such point or
points as the City Council shall direct:
,,,l CO. Provided however that should
> tend it's line of railway as the. City
: Council may direct, and other persons
stand ready. willing and able to make
such extension or extensions and pur-
, chisc of the Grantee. then and in that
event the Grantee shall sell all of it's
property. rights and franchise and it's
existing line or lines of street rail-
!; way at fair valuation thereof. and at
. not less than the actual value of its
then line or lines of street railway. and
+ properties used in connection there
with, and It's franchise.
(cl Provided further, that should
the Grantee and the persons Interested
in making such extension or extern
valuation of the Grantees then exist
ing line or lines of street railway and
other properties used in connection
herewith. then the valuation thereof
.Arbitrators. to be chosen in the fol-
lowing manner: One to be chosen by
the City. one by tn" Grantee. and the
two so chosen shall select a compe-
tent. disintcrestcd and impartial UNI
pfre: provided that. in cas-" til" two
hrbitratorS cannot agre" upon an UNI
pirc. the presiding Judge of the Dis
! trict Court of the District in which
Wahpeton may at said time he located
shall appoint such umpire upon appli-
cation Of either party in writing,
other party.
(d) The arbitratOrs together shall
then estimate and appraise the proper
ty of the Grantee. stating the value
: submit their differences to the umpire
selected as aforesaid: and the award
in in writing. of AN. any two thereof shall
chase price to be paid to the Grantee
or it's said street railway and other pro-
perty used in connection Herewith IN
Guiding it's franchise. by the persons
proposing to make the extension or eX-
tensions desired by the City.
(e) Provided further. that either the
I Grantee or the City shall have the
! such Board Of Arbitrators to the
proper courts
lf, Should it become necessary to
submit the aforesaid matter to arbi-
thrA( .,l,
: to such Board of Arbitrators it's books
: of account, records. invoices. vouchers.
receipts. stock record books. articles
5 of incorporation bylaws and any and
all other evidences necessary or re-
! Gustc for arriving at a proper con-
|, sidcration for the purchase and sale of
it's then existing line of street rail-
way and properties used in connection
2 Herewith.
. Sec H. GENERAL SUPERVISION
. Bf ClTf) All work i'm connection
with the construction. Installation.
maintenance. Improvement and repair
: of the Grantees street railway. to-
ecther with the erection Of poles.
brackets. trolley wires. cross wires
under the direction, supervision and APP
prevail of the City Council. and such
officer or officers as it may direct to
See ia. crEHM OF rRANcHIsEo
TIL" rights and privileges herein and
hereby granted shall be for a period OF
twenty ts") years from and after tn"
LIST day of September, 1919, that bnn"
the date of the expiration of the iran-
: chisc under which the Grantee is now
= operating its lin" of street railway.
. Provided however. that after tn. pns-
sage and publication of this Ordinance
. as required by law. the Grantee shall
in all respects be governed by the con
ditiols. provisions. regulations and
: restrictions herein contained.
: Sec: Is. ACCEPTANCE: Or FRAN
. cliISE,I The Grantee shall within
thirty days after the passage ar1 an
proval of this franchise" and bctor"
the publication thereof. file in the of
iic" of tn" City Auditor an acceptance
In writing of said Ordinance. and shall
} thereupon he bound by all of the
: terms and conditions hereof
Soc. l6, (al (FOHFE.ITI'RE Or
FRANcHlSE) Should the Grantee fail.
: neglect or refuse to comply with any
and al Of the conditions. provisions,
5 regulations and restrictions herein
contained, this franchise, at the cleo
ton Of the City Council may he de-
clared cancelled by giving sixty 900
days notice thereof in writing such
notice to he delivered to the Manager
or the Grantee; and after the cancella-
5 ton hereof as herein provided, this
franchise shall be void and Of no effect
) (b) (STRIKES) failure on the
part or the Grantee to cOmu1v with the