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

ers, or for any other purpose OF public
improvements on the streets or high
ways along which said railway may
run, the said Company upon receiving
notice from the Council, shall remove
temporarily its poles, wires and tracks
| if necessary, to enable the borough to
make said needed improvements and
/ changes, and will be permitted to place
| its poles, wires and tracks along another
/ part of such street IN temporary man
ner, if practicable, while said improve
ments and changes are being made, and
/ shall then properly replace the said
poles, wires and tracks Immediately; all
| the expenses of such temporary remov
ing, fitting up and replacing of the same
| to be borne by said Company. The
| borough reserves to itself and to indl-
viduals, firms and Companies the right
| to enter upon and under the portions of
! the streets occupied by said Company
| track for the purpose of reaching pipes
and sewers or for any other purpose
authorized by the borough Council by
| giving previous notice to said Company;
| but in so doing, Council shall require a
| bond in reasonable amount from such
| individual, firm or corporation to said
Railway Company to protect said Com
pany against damages to its property,
| but IN no Sucn event snail Tue borough
in any way be liable.
SECTION TO- The said Company shall
make at least five trips per day Sun
| DAYS Excepted with one or more cars,
unless unavoidably hindered, each way,
over the whole line of its tracks, No
| greater fare than five cents shall be
| charged for each passenger upon cars
| starting between the hours of six A. NJ.
| and eleven P NJ. and DO greater fare
| than ten cents upon cars starting be
| tween the hours of eleven P. NJ. and
six A. NJ. Children under four years
old, when accompanied by parents or
| guardian, and policeman while on duty
| for the borough to ride free No car
shall run at greater rate OF speed, than
! ten miles per hour, nor shall any car
| stand on the track longer than is neces-
sary to allow passengers to get on or to
| get off, except when unavoidably delay
| ed at railroad crossings, or other places,
or while waiting for the arrival or de-
parture Of trains at railway stations, or
while waiting for passengers at Opera
Houses, Churches or other public halls
| or meeting, or while waiting upon
switch or passing point for the passage
of cars. Delays at points above deslg-
mated shall not exceed thirty minutes at
any one stopping place.
| SECTION II The gauge of the tracks
| to be four AZ feet, eight and one half Is
| I) inches The alignment of the tracks
on all unpaved streets to be subject to
| the approval of the Paving Committee
of Council.
| SECTION IL. The said Company shall
give proper alarm at and before reach
| ing street crossings and when approach
| ing persons and vehicles; shall carry
headlight on the front of each car at
night and have conductor and motor
man on each car, except that no head
| light, motorman or conductor shall be
required on any cars while used as trail
ers. Said Company shall at all times
keep the street free from all snow, Ice
or dirt coming from their right of way
in any manner.
SECTION Is. The right of way here
by granted is not an exclusive right and
the borough reserves the right of allow
ing competing street railway companies
to run over any streets, alleys or high |
ways of Butler borough on parallel
tracks to be laid by any competing COM
pany, and when it would not be practi-
cable to have two tracks on the same
street or any portion thereof (the boro- |
ugh Council to be the sole judge OF the
same) the borough reserves the right to |
allow competing street railways to run i,
Ia distance not exceeding five hundred |
continuous feet on any one street covered |
by the right of way hereby granted, eX
cept where line may run over BRIDGE |
the distance shall not exceed seven hun |
dred continuous feet over any portion |
of the tracks of the Company herein |
named on payment of a proportionate |
rate of the expenses and an equita bic re- |
muneration for the use of the same, to |
be assertained as follows: If the |
Companies cannot agree upon amount |
to be paid, each Company shall select an |
arbitrator, the two so selected shall |
choose third and the award of the |
three arbitrators so chosen, or any two |
of them shall be final and conclusive. |
Said award shall fix first, the amount to |
be paid by the Company entering upon |
the Butler Passenger hallway Com |
pany's tracks, for the expenses etc, OF |
laying the track and the amount so fix
ed shall be paid before entry upon the |
tracks of said Butler Passenger Rail |
way Company. Second, the award |
shall fix the amount to be paid yearly |
for the use of the tracks.
SECTION IA. The said Company be |
fore entering upon the streets aforesaid |
for the purpose of constructing its tracks !
etc. shall furnish bond under seal !
with surety or sureties to the borough. |
TO be approved by Council in the sum of |
five thousand $1,000 dollars for the faith |
ful performance of the provisions OF this |
ordinance, and with clause indemnify |
ing the borough against costs of suit |
and damages for injuries to persons or
property resulting from the construc- |
tion, maintenance or operation of said |
railway and electrial system, which |
bond shall cover period of five years |
from the date thereof AT the eXpira- |
ton of said five years and each period !
of five years thereafter new bond IN |
like amount and with like conditions |
shall be provided by the Company for |
approval of Council, and if the said |
Company, shall fail to furnish any such |
bond when and as required by the terms |
of this ordinance, after notice so to do, |
it shall forfeit and pay to the borough !
as a penalty, for any such failure. the |
sum of one hundred dollars for each !
month it shall delay to furnish such |
bond. after notice as aforesaid. the same |
to he recovered as debts of like amount |
are by law recoverable.
SECTION -. In case any bridges in |
the borough of Butler crossed by said |
railway lines, shall require any addi- |!
tional supports or strengthening by rea
son of the construction and operation
of said lines, the same shall be done and
maintained at the expense of the Com
pany. That is, the additional supports
shall be constructed and maintained by /
said Railway Company.
SECTION 16. A failure on the part of
said Company to file legal acceptance |
of all the provisions of this ordinance
within tho time hereinafter designated,
or to commence and complete operations
as above provided and within the time
designated shall cause an absolute for
feiture of all the rights and privileges !
hereby granted.
A violation of any of the provisions
of any section of this ordinance by the
said Company, or by its officer or officers
| or by its employee or employees shall
subject the said Company, its officer or
officers, employee or employees, upon
conviction before the Burgess or any
Justice of the Peace of said borough to
fine of not less than five dollars or
more than fifty dollars for each viola
| ton, together with all lawful costs; and
| il the said officer or officers, employee
or employees so convicted refuse or
fail to pay the fine and costs imposed
upon him OF them he or they shall be
sentenced by the said Burgess or Jus
tice of the Peace to imprisonment in