Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1917-01-04

and Fnnk NJ. OverleeS, their heirs,
| executors, administrators and assigns.
| the right 10 construct, operate and
maintain lines of single or double track
| iuterurban railway over aud along
| certain streets, avenues and alleys In
the City Of Baxter Springs. Kansas. and
regulating the manner of construction
and operation thereof.
BE II Ordnined--by the Mayor and
| Councilman of the City of Ba xter Springs,
Kansas:
Section I. That permission and author
| ity be, nnd the same are hereby granted
and given TO ID. b. Mason and Frank NJ.
Overleea, their heirs, executors. admins
traitors, successors and assigns and
lessees. the right to construct, opernte
and maintain IN interurban railroad,
either single or double trick. with proper
turn.outs and switches. upon, over and
along the following streets, avenues and
alleys In the City of Baxter Springs.
Kansas, to-wit: Beginning at the inter.
section of Neosho street with Military
street, thence running west over and
upon NeoshO street to the western limits
thereof, to line of railway TO be run TO
Mimi, Oklahoma.
Section g. That the said ID b. Mason
and Frnnk N. Overlees, their heirs, exc
cutoTs, administrators. successors and
assigns and lessees, are hereby author
lied, permitted and vested with the full
power and right to occupy and use the
streets. avenues and alleys aforesaid as
now laid out and located, or a. the same
may be hereafter laid out, changed,
located or enlarged for the purpose of
constructing, operating, maintaining,
laying down, taking up, changing and
repairing the said line or lines of interur.
ban railroad, the tracks, side-tracks,
switches and other parts thereof, together
with the right of way for its tracks. sidinRs
and switches for the purpose Of running
and operating cars thereon by electricity,
or other improved modern motive power,
and for the purpose of operating its cars
by electricity, the said Grantees, d. b.
Mason and Frank N. OveTlees, their heirs,
executors, administrators, successors,
assigns and lessees. are hereby given the
eight to erect poles and overhead wires;
the poles TO be set inside of the curb line.
but not at the intersection of streets and
alleys; the poles aud overhead wires
shall be maintained in o safe and good
condition.
Section 3 The tracks, side-tracks and
switches Of said railroad shall be con.
structed 90 that the now of water from
the lateral and Cross CUTTERS and the
drainage shall be free. Said tracks shall
not be allowed to become unnecessary
distractions 10 travel by any other modes
along said streets, avenues or alleys, nor
will the tracks be allowed to TO be so laid
or used, as to render such streets not
reasonably safe for other public uses; the
track or tracks shall be so constructed
that the top of the rail shall be laid to the
established grade or surface of said
streets, and whenever the grade of the
street shall be established, and the
streets worked to grade, then the said
railroad, at the cost and expense Of the
Grantees. their successors, lessees or
assigns, shall be raised or lowered to
conform to such grade and changes
aforesaid. The Grantees shall at all
tires keep said railway tracks and
switches In good repair with respect to
the general use of the streets, avenues,
and alleys upon which they are laid.
Section 4. The Grantees. their heirs,
executors. administrations, successors or
assigns, shall begin the construction of
said interurban railway at sometime
within one year from the date Of the final
passage and approval of this Ordinance,
and shall have said railway constructed,
equipped and in operation within eighteen
lIBl months from the passage Of this
Ordinance, from the intersection of
Neosho street with Military street In
Baxter SPRING., Kansas, and Picher.
Oklahoma, and In the event work II not
begun ON said line within one year from
event, this Ordinance shall become of no
effect, and shall be null and void.
Section 5. The Grantees, their heirs,
executor, administrators, successors,
assigns and lessees, shall protect and
indemnify and save harmless Of the City
of Baxter Springs, at all times from ex-
penses, cost or damage for any injuries
sustained by any person or persons, by
reason Of any damage or injury to any
person or property occasioned by
grantees negligence during the construc-
ton, repair or operation Of such railway,
and Il any suit shall be commenced
against the said city, for any injury or
damage accustomed by any act or thing
done by said Grantees, or their agents,
servants or employees, connected In any
manner with the construction and re-
pair and operntion Of said railway, during
the construction and repair or operation
Of the same. the said Grantees, their
heirs. executors. administrators, success
sors or assigns or lessees, shall At their
own expense defend said city against such
sults and claims, as well ne pay on and
antiafy any Judgment against said city
IN any such proceedings.
Section Q. Il 10 expressly understood
that the City Of Baxter Springs parts with
none Of tie lawful jurisdiction over lite
streets and alleys, BY passing OF this
Ordinance and franchise, and that the
said Grantecs. their successors and
assigns herein at all dmes be subject
hereafter 20 I'll lawful and reaaonable
rruffictiona impooed b. the Mayor and
couucilmsn a ths sid City q Baxter
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