The citizen. (Honesdale, Pa.) 1908-1914, 1909-02-03
AN ORDINANCE.

Oh 1euuSylNhIlh, W t06 lHCkdWHXen NHlleY
Railroad Company, regulating the mainten::
ance and operation Of the railroad of the said
company and defining the conditions upon
Whereas, 1t has been satisfactorily made
to appear to the Council of the Borough OF
Honosdale e In req regular q session, that the Homes
poration OF the State OF Pennsylvania, to
which a franchise was granted for. the con-
electric railway in the Borough OF Honesdaie.
by ordinance passed on the 1th day OF Febru,,
ary, 1906 and approved the 22nd day OF said
month, has been succeeded in its rights, priv
ileRes and authorities by the Lackawax-
en- Valley Railroad Company; and that said
last named company is now the owner Of all
the right, title, interests, equity, franchises,
charters, rights OF way, and all other property,
real and personal. heretofore held by the
and SO became such owner and successor by
due process OF law, and Is entitled to the ben
ehts oi any and all rights granted by, the
COUNCIL Of the Borough of Honesdale, and the
benefit OF all provisions OF the said ordi-
nance and whereas, in said original ordi-
nance 1t was provided that time necessarily
litigation. should not count in the time
limit, which said provision was also made a
the 18th day OF January, 1908 and whereas.
1t has been madet to appear to the satisfaction
Of this Council that Unavoidable delay has
Of the said Lackawaxen Valley Railroad Com
pany, as successor to said Honesdale and
Hawley Railway Company, and further un-
avOidable delay has been caused by nego-
tiations as to right Of way and other neces-
sary franchises, and In negotiations for the
the said railway, which delay was incid, ntal
that the said Honesdale and hawleS
TIE LacESWaaen Eny valley Railroad spfSeSs cem
pany have not been guilty OF laches ,negleCto OF
deay but have use used all due d
ordinances heretofore passed, and have con-
structed part Of its said road through said
RacRawaxen Valley nef Rairoad RaPedc companS tn Sn
should be substituted for the said Honesdale
and Hawley Railway Company, and that fur
tion OF said Railway, therefore:
SECTION 1.-Be 1t enacted and ordained by
the town Council of the Borough Of Homes.
Pennsylvania, in council assembled, and it is
hereby, enacted and ordained by the author
age OF this ordinance the Lackawaxen Valley
Raj lroad Company, "a corporation duly or
ganized and Incorporated under the laws of
assigns, is hereby granted the right, liberty
and privilege to erect, construct, maintain
and operatefor period of seventy y-fiveyears,
press, freight and mall a single track electric
railway (operated as hereinafter provided)
hTpSEh 8Ser @9d upon fhe M
dale, VIZ: Beginning at point in the centre
OF Park street, marking. the boundary, be-
township Of Texas, Wayne County, thence nee
in an easterly direction over, along and upon
the said Park street to its intersection with
over. along and upon the said Main street to
the LackawaXen river, marking the boundary
between the Borough Of Honesdale and Texas
township; thence returning by the same route
to the place OF beginning, making a complete
circuit. Also beginning at the intersection OF
Main and Fourth streets; thence in an easter
| ly direction over, along and upon the said
Fourth street to the County bridge, marking
the boundary betweenthe Borough of Homes
dali
by the same route to the place OF beginning,
at the intersection OF, Main and Park Streets !;
and upon the W said Main Street street tooa to point point
marking the boundary between the Borough
of Honesdale and Texas township thence re
turning by the same route to the place of be-
SEC. 2.-That the track shall be. what is
eight and one-haIf inches a it., 81 in.) in
width, and shall be laid in the middle of the
above named streets and highways, respect
both sides of said streets and highway, un-
less otherwise directed and empowered by
Sid T"y & that 3
be furnished with a grade by WHICH to
lay its said railway, and that the said Lack;
strictly conform with such grade or grades.
The said company shall be allowedto operate
standard freight cars through said streets at
single units or as u trailer to a motor car,
and SO as not to interfere with travel of cars
or the use OF streets.
Railroad Company shall also. at its own
proper cost and expense, construct and re,
two feet in width on the outside of each and
every rail, of the said railway, on each OF
the above named streets and highways with
such materials as are now upon the said
streets and highways, in such manner as shall
be described and required by the said Bor-
ough Of Honesdale ; and if at any time here;
nf
determine and resolve to pave any or all OF
the above named streets and highways
then 41o and in that event the said L9ckaTaX
at once, and, at its own proper cost and
expense, in like manner, pave its roadbed be-
outside of each and all rails of the said rail.
way. on each of the above named streets and
highways, with the same kind Of material
said Borough of Honesdale; That in so do,
ing the said Lackawaxen Valley Railroad
Company shall place and restore the said
streets and highways to the same relative po-
sition and condition in which they were
found before the cons ruction of the said rail,
way, or the paving of the said roadbed and
AWAKEN Valley Railroad Company be allow
ed to construct one turnout within the Bor-
of the Delaware and Hudson passenger de,
pot The said turnout ', t9 be ninety (Sol feet feet
streets, and the said LackawaXen Valley
Railroad Company shall, at all times al
its own proper cost and expense, lay its
track, turnout, curves and switch and keep
the same in proper repair so that driving on
upon, over and across, with the usual and or
dinary vehicles may be safe and convenient
SEC. 4.-That the said LackawaXen Railroad
Company shall, in the construction OF the
said single track, turnout, curves and switch
use such style of rail known asthe "T" rail
OF not less than seventy (7O) pounds per yard
in weight, and such poles only as shall be
straight, kept covered by durable paint, an6
numbered and kept inside the curb in such
manner as to cause the least possible obstruc
tiOn or injury to such curb and sidewalk, and
so as not to unnecessarily obstruct such pol
tions of the front OF private property as may
be needed and in use for business or othel
purpose by the owner or tenant thereof anC
where a dispute shall arise as to the placini
of such pole or poles, the town Council OF thu
said Borough OF Honesdale shall decide an(
indicate where such pole or poles shall be 10
Gated and that all trolley or other wire o.
wires to be stretched over, strung along o
suspended from such pole or poles, over thu
tracks OF said railway and across the street
at various places, shall be stretched, struni
and suspended so as to leave clear, opel
and unobstructed space between the salt
wire or wires and the top OF the rail directl!
under the same OF at least sixteen (l6) fee
| Provided, II the Borough shall pave the