The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-09-12
AN ORDINANCE

lay. Kenton. Bellefonta,ne and Urbaua e
Electric Railway Company and its success a
operate a Street Railway on certain streets .
and public grounds In said city of Bellefon- !
taine.
whereas, The consent In writing of the y
owners OF u majority OF the feet front abut- :
ting upon the streets aud public grounds upon I
which IL Is proposed TO construct and operate Z
fled with the City Clerk for the construction ,
and operation thereof, and |,
taine and UrDana Electric Railway Company
has made application In writing for leave TO
construct. operate and maintain a street
Railway ON certain street and public grounds
Whereas. Notice of such application has
been given by the City Clerk OF said city of
Bell-fontaine. in the Daily Examiner. a daily
paoer published In said city. and of gem Il
three consecutIye week and
Whereas, The FIndlay. kenton, Bellefon-
taine aud Urbana Electric Railway Company
proposed Street Railway at lower rates OF |
fare than Is been offered by any other COM
panv. individual or Individuals. and
Whereas. In the opinion OF said Council /
said Improvement would be a public conven-
pro oerty affected thereby, and TO The city
aud citizens OF Bellefontaine In general; now. |
therefore.
the city of Bellefontaine. county of Logan. |
state of Ohio. that the said The Findiay.
kenton. Bellefontaine and Urbana Electric
Hallway Company. its successors assigns.
he. and IL - here.'y granted permission. and
aaer,ss snr ), ner,od ~ ,rsn;vaxa IN vnrl anu
| a Street Railway on the following named
| streets OF said city of Belletontaine. viz:
4 Commencing At the west corporation line on
West Columbus avenue: thence East ON CO.
lumbus avenue in said city to Mad River
section . Said Company. its successors or as
signs shall have the right To construct, operate
and maintain n single track of Street Rail-
way with the necessary switches. sidetracks
and turnouts Said switches and turnouts to
be located so as not interiors with public
snpervision IS1 @ 9th Of the City City Council. @"N ''1'
Section j. Ali tracks. turnouts and switches
which sad d Uompany ma may be be reSg,red ~ =, 70 CON
ity with the grace now, or hereafter estab-
lished ny the City Council on said streets on
ed streets. and streets where the present
grade does not conform with the established
tracks in accordance with the grade now or
hereafter established by said Council. and
tracks and IS inches beyond the outside rails
OF the same In such a manner that the sur
face when completed shall conform with the
Established grade of said streets
Said Company. It's SUCCESSORS or assigns
shall use the most improved methSd of bond
so as 'ss be ape FOR All da%sses y "a, and ma
ter pipes. already In position or any exten-
sions made hereafter. caused by electrolysis
section I, Tie said The FIodlay. Kenton.
| Beliefontaine and Urbana Eiectric Railway
1 Company. Its SUCCESSORS or assign shall grade
gravel macadAmize. or pave In such manner.
aod with such surface or foundation. as the
councii may order. all tbe space between It's
tracks and Is Inches on the outside Of the
| outer rails thereof. and also that portion OF
said Columbus street between the tracks
where double track Is laid. or q switch or
turnout parallels the main track In said CO.
= llmbus avenue or street. or any portion
thereof. whenever the Oity Council shall con.
| slider said Improvement necessary. and shall
require such Improvement 10 be made, but
the said Railway Company. It's successors or
portions OF said Columbus street with any
other kind OF material or In any other man
ner than that with which the said street Is
i'm proved and not unless said improvement
? Is such an Improvement that otherwise II
could be assessed upon the abutting property
In the event of paving OF said street or pub
lie grounds, occupied BY the said railway
company, ns SUCCESSORS or assigns shall do
the work OF said paving and furnish the ma
: terial thereof, including the substratum OF
foundation. of that portion OF said street and
public grounds which lies between the rails
Of its main track. and also Is inches on the
outside OF the outer rails thereof. and alsc
the rails Of its swisches and its turnouss. and
. | Is inches on the outside Of the outer rails
thereof. and also that portion. OF said street
between the tracks where double track I,
: laid. or n switch. or turnout parallels ths
main tracks. all 10 said Columbus street
Said The Findlay. kenton, Bellefontaine ans
: Urbana Electric Hallway Company. It's sue
lcessors or assigns. hereby agree that In cas-
it does not pave said portion OF said street Il
i ut It's own expense. then said paving shall b.
done by said city. and the expense {. sucl
same manner against the abutting prop
lerty. and the payment. thereof shall be mad
}. according to the laws and ordinance on tn
subject OF assessments, in proportion TO tn
amount OF said street occupied by said rail
,f way company rs herein provided, and TN
d kept at all times in good order and repail
and free from obstruction. and accumulate
OF dirt By said company.
and Urbana Electric Railway Company. II
successors or assigns, hereby agrees that upo
y street railway that the proportionate e,
D. lpense for their remaining assessments IL
- street paving already laid on Columbu
II street, or assessed against abutting propert
holders on said Columbus street, shall be as
sessed against IL In accordance to the prime
As plies of the laws OF assessment. and the fors
going provisions OF this ordinance as 10 II
Is share OF street paving 20 be borne by sal
railway company. a.. ..
le assigns, shall at any and at all TINES defen
save harmless and Indemnity the said city
a fuI claims, or demands for Injuries TO persoI
city may be subjected, or made liable by an
proceedings, either In law or In equity. arisir
from the grant OF the privileges In this ord
nance given. or out OF the exercise or enjo,
Section 8. said city of Bellefontaine sha
have the right 70 require said railway con
pany. It's successors or assigns to remove nm
4. whenever IL shall be necessary In order to In
down or repair water pipes, gas pipes. sewer
>, y Improvement required TO be done BY said cit.
% can be avoided, and without incurring an
W liability for damages TO said company, Il
g. successors or assigns. and the costs OF sal
temporary removal OF said railway tracks
he 10 the actual labor expended thereon to
borne by the party requesting 1t.
Said city OF Beliefontaine shall not be lab
I'm any way To said railway company. its su.
Irs. mr. m SSigus fpr n m or hay
By sustain from breaking or overflow of wat.
n, from any sewer or drain. or from the breal
~ ing of any wa or or gas pipe belonging TO sal
ne city, or by reason OF any change In the grad
"a In cnse IL becomes necessary for said con
- pany S!ts successors or assigns. TO remove IL
nd IL shall not leave the same In such manner
m. TO Interfere with or impede public travel, {
'n To render the streets dangerous.
ce Section7. Permission Is hereby granted
of said railway company 10 operate said railwa
an by electricity. or other motive power. oth'
en- % than steam am In Its presep, state; 1 .. ~ amin
ee lcity shall not exceed ten miles per hour.
lv The said The Findlay. Kenton. Bellefol
~ taine and Urbana Electric Railway Con
Is pany. its successors assigns Is al-o heret
Y. granted the right to erect on the sidewau
near the curb line In and along said sire
,oo suitable poles, also wires and attachmen
'p necessary and Incident TO the constructic
and operation OF such railway, aud also VI
rish, 10 S erec. and maintain INT ,a such other pol
All poles placed by said company, It's su
AR cessors or assigns, on streets In said eli
ire shall be OF light ornamental Iron
", -All poles shall be painted under the dire
eu tion of the City Council. and the location
ny all poles and wires shall be under the supe
no fering with the public rights. and likewise Il
"' placing of all attachments necessary and Il
be. cident TO the construction and operation
rs said railway on said streets, TO be under Il
direction of the City Council, so as not to q
terfere with the other rights heretofore gran