Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-04-19
An Ordinance,

To amend Sections Three and Six of an Ordinance
SSntiltLed an 10 ORDNANCE Empowering the Golum-
d tain and operate Street PASSENGER Raflroads on
Of Columbus and for other puTposes.'' passed june
.29, 1858. and supplementary thereto. -r-tI .tt-
SECTION Be it .oIdalsed by tie City Council
OF the City of Columbus that section three of an
ordinance entitled An 0rdina nee Empowering the
Columbus Street Railroad Company to construct,
certain streets, avenues and highways in the City
of COLUMBUS, aud for ether purposes,' passed June
30 1868 be and the same Is hereby nended SO to
Section 3. Said City Of Co umbus shall have
and hereby the right to remove or obstruct
or cause the same to be done, any portion of the
track OF I'd railroads, IN of aid routes, when
laying down or repairing gas or water p es. con-
structng repairing sewers, drains cutters or cs-
terms repairing streets or avenues or for any other
done for the health com ort convenience of said
city by sa City Council without being liable to said
company for damage arising therefrom: Provided
that the running OF the shall not be suspended
for any of such purposes if the same can be avoid
ed. and such running shall not be delayed beyond
reasonable time for the accomplishments of any such
purposes by said city. Said city shall not be liable
in any way to said Company fer any iDjury that may
de done to the track or other work of said Company
by means of the breaking overflow of water from
any sewer drain, or from the breaking of any gas
water pipe, or by, reason of the change in. any
grade Uf any street or avenue, the track of said
provement required to be done or made in said city
Said Company shall be liable for and shall hold and
keep said city free and clear from, all damages which
may accrue to persons or property by of the
constructing, maintaining, using, or managing of
Gmpa6S Shall said siy cy pfrt o faq Sad
from al DAMAGES which may arise to said city BY
reason of the occupation by said Company of any of
SAID routes. Said Company shall. in all RESP ects
conform to all such regulations as may be- from time
to time, prescribed by ordinauce by said City Coun
Gill; for the running of vehicles in said streets and
avenues occupied By the tracks of said Company.E
said Company shall pay to said city for the prlYi-
iegeS hereby granted, annually, the Oc Five Dol
lars per of the average number of cars which
sad Company shall run on each of said routes, or
commence from the time said Company shall com
Depce running cars on any part portion of said
of the Treasurer of said city Said Com pany snail
not said rail for any other purp SO than the
and baggage, Said Company shall be authorized to
demand collect and receive for each passenger ear
any shorter distance thereon the sum of seven cents
and no mure. aud for the carriage of packages and
baggage of passengers such additional sum a. NAV
be justly prOpot tonate to the said price herein al
lowed for carriage of passengers themselves. And
demand or receive any greater sums respectively
than those above specified, shall, conviction
sum not exceeding Fifty Dollars. Said CompanT G%
however, at all times shall keep for sale and sell at
convenient Places along said routes, and each of
road. and shall sell the in packages of five and
up ards at 4the the rate Of FIVE &c gents per ticket
mentioned in the first section hereof shall be SO
amended as to read as follows .is9Ggs .TEI3 |
herein Ea@ed and the &c & iumbus T Railroad CoRpay
ny, shall in accordance with the provisions of the
agree and beeOme consolidated the said consolidated
or new company shall pay for the privilege confer-
average number of cars which said consolidated or
new company shall run any of it routes, or por-
tions parts of routes, the of Five Dollars an
nualy in the same manner as if said companies
had been origina ly one anything in this az 9TH
err ord nance tho contr Try Notwithstanding: said
sum to be raid into the treasury of said city annu-
all from the date of such agreement If consolida-
ton. And all the other provisions, Limitations, re-
a DrO nv ord
shall apply to said consolidated new company,
far as the same may be applicable"
ectiOn g. If, at any time hereafter, the City
Council of Columbus shall deem il expedient toI
cause High street said city between North Public
ther eof used occupied by the railway tracks
Of the Colum bus Street Railroad Company to be
graded for and paved with what is commonly desig !
mated the Nicholson pavement" it shall be lawful
or the city of Columbus, and upon reasonable no
,ity of Columbus. to take up and remove said track
tracks switches and turnouts said cause
aid and a single track, of said railroad, together
With sufficient number OF switches, turnouts &c.
street or part thereof as said Com pany may desg-
late, to the satisfaction and under the superin-l
md expence of the city of Columbus. saving and
excepting however the cost, exclusive OF grading of
rack,iw shall be paid by said Company AZ the
ate per square yard expended by the city for laying
he same, the said Company also furnishing ali the
rail and stringers wooden sls necess sary for
elaying of said track, switches and turnouts; and
he city of Columbus shall deliver all the Strineers
ills. ties, rails and materials composing said track
rs cks, switches and turnouts so taken up remov
ID by it to said Company; and from and ter said
Nicholson PavameDt is completed, and said single
rack IF said railroad relaid aforesaid by said
iIy. said Company shall keep in order ana repair
hat part and that only of said street included be-
ween the rails of said single track and switches SO
ong as it shall the same for its railroad any
hiug in this any other ordinance of the city to
he contrary Notwithstanding. The Colupb bus Street,
railroad Company may, at its option, at any time
hereafter at its own cCSt and eXpence take up and
emove track of its road south and north of the
limits of the proposed Nicholson Pavement, with
he understanding that it shall not. by tins action.
my new pavement Oh said routes, north or south,
ereafJer shall they, at any tine be required to
eep any portion of their road or street IN repair
ept that portion between the. rails of one single
rack nor shall it be obligated to run its over
be whole or any portion of Its track tracks, routes
road leaving the street or the portion of it from
which the same may be removed IN as good order
nd repair as the remainder of said street. When |
yer said city of Columbus shall commence the |
Tork of taking up and relaxing said railroad TRACKS
s aforesaid, said work shall be prosecuted with en-
rgy and diligence to speedy completion, and IN such
manner as to impede the rnnnlng of the cars of
$ small degree possible. and said track shall be
elaid as aforesaid by SAID city Immediately upon
he completion of said pavement or any portion
hereof. c;ioli4iasf ..!tta'ti-.et 70 -l's'-'
ions of the ordinance mentioned in the hrst section
ereof as herein amended shall apply and inure to
be benefit of the Columbus Street Railroad Com
any as now organized. and said original sections
re hereby repealed, saving, however, any benefits,
ghts and privileges which have accrued thereun-
y !' W o'AO N'',, AO0B REINHARD.i .iHiaat
.r,,...L, President of the City Council.9
Sttest Il. Wilson, City Clerk ihdj 90