The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1901-09-05

That all poles erected by the said RalIv,,s
Company shall be located. erected and noi,
tained, uuder the direction OF the President n,
the Borough Council and the Borough Engl
neer. said poles shall he straight and sn Doth
and shall be painted from top TO bottom, at tbs
expense OF the said Company They shall no
placed In such manner as TO cause the least
possible obstruction or injury to the curb or
sidewalk said poles shall be as few I'm numhor
as possible aud shall be subject at all times IA
the use OF the B0rou,h tor the strnglnr M
wires for Its own use, not however, in anv ,vov
interfering with the operation of the said rall.
way. Whenever and wherever said poles ore
erected the Company shall carefully replace
the material excavated, and relay, in good or.
der and repair, all bricks, tagging or Other
paving MATERIAL curbng or guttcrlng and
shall, at all times, keen and maintain the nave
ments, Curbs and cutters, around aud about
their said poles, in good order and repair.
section l0.-Regulations as to wires.
That all wires suspended over the stree,s
shall be at least ls feet above the surface oftbe
tracks, and shall be so fastened to poles and
each other that they will be effectually ipsu.
lated and properly secured.
Section II i.-Rght OF Fire Department
That In case of fire, the Fire Departmcp.
shall have the right OF way upon said streets.
and shall maintain the same as long as neces-
slry, and no longer.
Section IL. Company TO construct within one
u) year. Penalty upon failure to obey ord..
nance. Provlso;
That the said Railway Company shall COM
mence the construction OF their said railway
within four months after the passage OF this
ordinance, and shall have the same fully con.
structed, equipped and In operation, within one
year after said date, unless the Borough Coun-
ell shal, by ordinance, extend the time; and In
case said Company shall fail or neglect to com.
ply with the provisions OF this section of this
ordinance, the rights, liberties and privileges,
herein granted may be declared null and void
by the said Council, and thereupon and mme.
diately thereafter, any and all rights, powers
and privileges OF the said Company under this
ordinance shall at once entirely cease, deter
mine and become absolutely null and void.
Should the Company, It's successors or assigns,
at any time after the expiration of the year
aforesaid neglect or fail to operate said street
railway for period OF sixty (60) consecutive
days, unless prevented by an act OF Providence,
or due process OF law, them and In that case
the liberties and privileges herein granted may
likewise be declared null and void by the Bor-
ough Council and thereupon and Immediately
any and all powers and privileges OF
said Company under this ordinance Shall like
wise cease, determine and become absolutely
null and void. Provided further, that no cars
shall be run at intervals simply for the pur-
pose OF retaining and holding the franchise and
right OF way herein granted.
Section 13--If, in the opinion OF the Borough
Council OF said Borough, IL shall be necessary
for the Borough authorities, their servants,
agents or employees, at any time, 20
occupy all or any part OF the street, upon
which said railway is constructed, for any pur
pose whatsoever they shall have full and en-
tire authority to so occupy said streets, or any
part thereof, without liability for damages for
the operations OF the railway, and
without any hindrance upon the part OF the
said Company.
Section 14-Culverts, drains and water pipes
and relaying OF tracks.
The authorities OF said Borough shall, at all
times, by themselves, their servants, worknen,
agents or employees, have the right TO make
such repairs and improvements to the culverts,
drains, sewers and wster pipes, running along
or near the surface OF the said railway tracks,
and to lay and maintain such additional cul-
verts drain sewers and water pipes, as they
may deem proper causing as little obstruction
10 the running of cars as possible. And when
ever 1t shall be necessary for the said purpose
TO remove the tracks OF the said Company, the
same shall, upon reasonable notice, be removed
and re-layed by the said Company.
Section l5.-Use OF vehicles on tracks.
All persons may drive with wagons, carriages
DR. other vehicles, on The tracks OF said Com
pany without becoming trespassers, provided,
however, they do not retard, or In any manner
Interfere wife the operation OF said railway.
Section lG.-Company to indemnity for dam
ages.
The said Street Railway Company shall in
temnify and hold harmless the said Borough,
in all suits or actions at law which may arise
in the constructions maintenance and operation
1f said Railway Company, shall be permitted TO
defend In the name OF the Borough in any suit
Or action
Section II. II, In any case, the said Railway
Company shall neglect or refuse, when required
by the municipal authorities, to repair pave,
Or re-pave the street or streets between Its
tracks. as hereinbefore required, or to do any
otner thing required by the previous provisions
Of this ordinance, or to take up and relay Its
tracks, us herenbefore provided, or to do any
other act, matter or thing, by this ordinance
proNlutu, lnen anu III Sucn case, inc Sdlu boI-
1ugh shall proceed to do the same, and shall
collect and recover the expense and cost there
of from said Railway Company.
Section ls.-No tax on cars for ten Q0) years.
That there shall be no tax placed upon any OF
The cars, poles, or other apparatus OF said COM
pany, for the space OF ten (O) years from the ac-
ceptance OF this ordinance by said Company.
Section 19.-Company to pay expenses OF or
1inance.
That said Railway Company shall pay all
costs and expenses incident TO the drawing,
printing, posting and publishing of this ordi-
nance. and that said ordinance shall not go in
10 effect until the proper ofIlcers OF said Com
pany shall have certified to this Council their
acceptance of the same. as provided herein.
Passed by Council August 9th, 1901.
@. b. WHITE,
President OF Council.
Attest: CLINTON HERRING, Secretary.
Approved August 9th, 1901.
A. b. HERRING,
Chief Burgess.