Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1899-10-12

A
"A Butler Passenger Railway
Company the Right to En-
! ter upon and Construct. Main
tain, Repair and Operate a Sin
gle Track Railway with the Nee
eSsary Switches upon the Follow
| ing Streets and Highways III
Butler Borough.
Be it ordained by Burgess and Town
| Council of Butler Borough and 1t Is
hereby ordained and enacted by author
| ty of the same.
SECTION l. That the consent of the
| Town Council of Butler Borough is here
by granted to the Butler Passenger
Railway Company to enter upon and
construct, maintain, repair and operate
| a single track passenger railway with
necessary switches for the purpose of
allowing cars to pass each other The
pumber of switches, length and location
of same to be approved by the Paving
| Committe of said Council; and to make
| their circuit for returning over same
streets. upon the following streets and
highways in said borough, to-wit:
Main street, Wayne street from Nc
Kean street west as for as at present
laid out and adopted, South Mexican
street from Wayne street TO Center
| avenue Center avenue, ZleSler avenue,
| Short avenue Lincoln avenue, Jefferson
street. East and West as far as at pres
snt laid out and adopted, Willow street,
| Fair Ground avenue, Race street, New
| Castle street, Mercer street, West Pearl
street, street or alley leading from West
! Pearl street TO West Penn street along
the property of S. d Purvis, West Penn
1 L ~
| CLAY street, Monroe street, Kittannlng
| street, First street and Brady street
| Pittsbure and Centre avenue bridges
and the approaches thereto, so far as
the borough can grant the same, sub
| iect to such rules and regulations OF the
borough respecting such streets, ave
nues and highways as the Council may
| from time to time enact
SECTION ,. The Council hereby
grants to said Company Right of Way
over any other streets avenues, alleys
or highways or any portion thereof IN
said borough over which said Company
may desire to enter, upon the same CON
ditions and provisions herein contained,
| without any additional compensation,
providing that the persons owning a
majority of the of feet of real estate,
| fronting and abutting on said street,
avenue, alley or highway or any portion
thereof, shall consent thereto in writ
| ing.
SECTION 3 On all paved streets and
streets hereafter paved the tracks of
said Company shall be laid in the mid
die of the streets unless otherwise order
| ed by the Paving Committee of Council
The rails used in the construction of
said railway shall be girder rails; and
specifications for the construction of
said railway on all paved streets and
streets hereafter paved shall be present
ed by said Railway Company to the
Town Council and he approved of by
the Town Council and competent En-
gineer before the construction of said
railway is commenced on any paved
street.
SECTION 4. That during the con-
struction of said railway, said Company
shall not unnecessarily impede public
travel on any of the streets aforesaid,
nor leave any of them in torn up con-
dition for longer distance than two
blocks; and it shall leave the SAID streets
upon which it may enter for such pur-
pose in as good condition as they were
previous to its entrance thereupon.
SECTION ). Said Company, for the
purpose of moving or propelling its cars
within or upon the right of way herein
granted. shall use other than locomo-
tive or horse power If said Company
shall use electricity with necessary
system to propel its cars, in order to
carry the necessary wires, 1t Is hereby
authorized to erect poles along the
streets or highways above mentioned.
The poles to be iron and on all paved
streets the poles to be placed on the in
side (the lot side of the curb The
wires to be placed overhead at least
twenty feet above the surface of the
street The location of the poles Except
as above restrictedl to be subject to the
approval of the Paving Committee and
City Engineer or other competent En-
gineer. Should said Company use any
other system than that of using electric
ity, and should cease using the wires
for said purpose, it shall remove its
wires and poles within six months from
the time it has ceased to use the same.
SECTION 6. The said Company shall
lay its tracks and rails and put up its
poles and wires subject to the approval
of the Paving Committee of Council and
City Engineer or other competent En-
gineer, and shall keep in good repair
that portion of the streets over and
along which said railway may run be
tween the rails and twelve inches on
the outside thereof Oh all paved streets
and all streets not paved to be kept fill
ed between the rails and two feet from
the outside of each rail with stone or
other material to be approved by the
Paving Committee of Council, so that
teams may cross at any point. Should
any unpaved street be paved hereafter,
the said Company shall pay the City the
cost of the pavement laid between its
rails and twelve inches on the outside of
each rail and the said Company before
the pavement is laid, shall, at its own
proper cost and expense, change its
tracks to grade subject to the approval
the Paving Committee and City Engin
eer. The said Company shall pay the
City Engineer for his services rendered
under the provisions of this ordinance
the same compensation he would re-
ceive if working for the City.
SECTION Z. The construction OF said
railway shall be commenced within
eight months from the passage Of this
ordinance and shall be prosecuted with
due diligence and not less than two
miles of the track shall be completed
within the limits Of Butler borough and
cars running thereon within two years
from the passage of this ordinan ce, and
not less than one Inile of track shall be
completed within the limits of Butler
borough and cars running thereon each
year thereafter until at least five miles
of track have been completed within
the borough limits. A failure TO con-
mence the construction of said railway
within the time specified and thereafter
to prosecute the work with due diligence
and in good faith to completion within
the times above specified shall cause an
absolute forfeiture of all the rights and
privileges granted by this ordinance:
and the Company, if any materials shall
haye been placed on any of said streets
by it, or work done thereon, shall at
once remove the same and leave said
streets in as good condition as they were
when they first occupied the same; en-
failure to do so, the borough may re
move all materials, tracks poles, wires,
etc, and repair the streets at the eX-
pense of the Company.
SECTION s. The said Company shall
pay into the borough treasury for the
use of the borough, commencing at the
expiration of ten years from the passage
of this ordinance, one hundred dollarS
per annum for a perjol of five years;
after the expiration of said period of five
years. the said Company shall pay into
| the borough treasury for the use of the
| borough the sum of two hundred dollars
per annum for another period of FIVE
Years; after the expiration of the second
| period of five years. the said Company