Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-10-09

"a by facts that, do not, ppear from!
the context Of tho document itself.
It is obvious from the contextS OF
the proposed ordinance that the In,
rent OF the proponents 10 to regulate
the rights Of the Grand Forks Street
railway company and the city. re-
s~pectively. as to liability for the con-
Fstruction and repair OF the paving
on streets whore the company's
tracks are laid or are to be laid dur.
ins the TEXT ten years. !
At the present time the. respective
rights OF the city and thesGrand
governed BY an ordinances known al
the Grand Forks Street Railway
company franchise.
Section s Of this franchise con-
tains, among various other provis-
Ions . the following. which will be
designated and hereafter referred to
as Paragraphs A and b:
Paragraph A. The said grantees
shall repair any and AN damage, done
to the streets. avenues. bridges, pave
ments, curb, sidewalks, crossings,
cutters and other public property
caused by the construction and op-
Grafton of its railway line. and shall
save the city harmless from any and
all damage done by virtue Of the
exercise Of tho right. and privileges
herein granted |and in case said
grantees. their SUCCESSORS, or as
sisns,shall fall or refuse so to do.
then the city of Grand Forks may
make such repairs at the cost Of the
said grantees, their successors, or as
signs.
Paragraph b. When an Y street,
avenue or bridge occupied by the
track of said grantees, their success
sors, or assigns, shall be paved by or
under the direction Of said city,
the said grantees, their successors
or assigns. shall upon the completion
or Of said city on demand such pro-
portion Of the cost Of paving the
street intersection covered by such
paving as the area Of a strip eight
I'D feet wide in the case of q single
track. and sixteen (16) feet wide in
the case of a do~ble track and. run
ming along said street across such
intersection.
In addition to these liabilities of
the Street Car company created by
the charter. there 10 another expense
that the company Is put to when .
street. where its tracks are laid, IL
paved. 1t has been found that tracks
laid without q special reinforcement
or concrete beneath ties and rails.
VIII, under the stress of~dsage by
heavy street cars, Yield and sink be-
low h level of tho adjoining paving,
causing Interruptions and depressions
IN h surface sof the paving in the
! vicinity Of tho rails.
In the case Of the new paving done
In 1921 and being done in 1921 this
additional support has been provided
for the beneft Of the street car COM
tract wherein 1t was stipulated that
no charge should be made against
the city for this reinforcement, but
it, payment must be Q matter Of in
dependent contracts between contrac.
tor and Street Car company.
In case Of old paving this rein
forcement was not supplied, or whore
supplied. vas insufnciently done and
as a result, University avenue, from
Third street to Marvel street. was
unsafe for travel in the spring of
1925 and on the 9Th day Of April,
1922, the city notified the Grand
make these repairs within q reason
able time and advised the company
that II such work was not commence
ed within ten days the city would
perform the work and charge the
same to the company under the pro-
visions Of the franchise.
The Street Car company failed to
commence this repair work within
the time specified and several months
dered tho work done and directed
that the am be charged to the &C
count Of the Street Car
This work has now been complet-
ed. the Street Car company furnish
ing the steel and some assistance In
the way Of labor, but the main part
of the labor and all Of the expense
Iof pouring concrete was provided by
the city.
! In addition to these six blocks
that have been repaired and tho new
paving at the North End and South
End. there are some thirty-two
blocks of street in the paved district
some Of which is now in need Of re.
pairs and the balance as time deter
mines. (See estimate OF city engi-
neer hereinafter stated, which esti-
mate is on file with city auditory
In the case Of the repair done on
University avenue every effort was
by the company and by the city. but
the expense Of breaking up and
cleaning out the old paving and re.
newing and reinforcing with new
concrete, exclusive of the steel which
was furnished by the Street Car COM
pany. amounts to fourteen thousand
dollars, an average of over two thou
sand dollars per block.
City Liability.
The following will give some idea
as to the extent of the liability tina,
will be assumed by the city in case
this ordinance is passed by the cleo.
tors at the coming election:
On tho North End paving
Project Nc. 1909 the la
bility Of the Street Car
company for paving street
Intersections under I it's
franchise (see quotation