The Brunswick news., 1909-08-14
COUNCIL MINUTES
Continued from Page -

OF now using either the actual or the
established grade. Should they elect
to use the actual grade now, they
must raise their tracks at their ex-
pense, whenever in the future the city
builds to the established grade As
they have selected the established
grade, it is their tluty 10 bring the
portion OF the street occupied by the
railway to that established grade and
maintain it between the rails and
eighteen inches outside the rails on
each side as sps,i,-ed in the fran
ohise. 1t viii then be the duty Of the
city TO take care Of the remainder OF
the street. Respectfully,
C. T. caInan, Chairman,
J. n. Leo,
chas. n. Taylor.
That report expresses about all
this committee can say in the prem
ises, inasmuch as he contract hav-
ing been ratified by the vote OF the
people, council cannot aid to, or sub
tract from the s~archise one syllable,
but is bound to strictly abide it's
terms.
Therefore as 10 he proposal Of the
railway company TO submit 10 arbi-
tration, section 4 of the franchise 10
ex-MayoT Symons and his full board
Of aldermen who were serving when
the franchise was granted as to the
intent thereof, jur committee begs
to report that they cal see nothing
to arbitrate; that the railway com
pany in building TO the established
grade should FIJI and maintain same
and conform to the grade given them
can then seek such redress as It may
by the city engineer and director Of
public works, and having done so
consider advisable.
The franchise lnder which the
company is 10 operate provides the
following, among ether things
Section l. The authority TO build
maintain and oerate standard
gauge street railway with first class
equipments over the streets of the city
as now laid out ana plated and which
may be hereafter laid cut except Bay
street.
Sec. 2 Prescribes the motive pow
er. character, number Of tracks and
sidings and othsr "DETAILS Of construc-
tion and operation
Sec. B. Provides the rates Of rare
10 be charged passengers.
Sec. 4 BE 1t further ordained that
the track Of sail street railway shall
at all times correspond with the act-
ual grade Of the street. and that the
top Of the rails shall be so laid and
maintained as 10 he flusl with the
surface OF grade a. the streets as es-
tablished by iha city engineer, ex-
cept on such tracts as the mayor
and council MAJ specially authorize
said H. D. M. Straahsn, his assocf-
ates, successors and assigns. to con-
struct sneh railroad without requir-
Ing the top Of the rails to be flush
with the surface q grade of the
street.
The remaining sectors have nc
application to he present discussion
unless perhaps, section Q may. as II
relates TO the maintenance of the
track by the com1any and paving and
putting and 6eeping in good order
and condition the streets when dis
turhed for the purpose of construc-
tion or repairing.
Il will be nod ed esrt cially that
this franchise rrovides
l. In section that the location o
all tracks, switches and sidnes shal
be submitted to the city engineer ant
approved by him before any work o
construction begins.
2 That all suea tracks. switches
sidIngs and poles shall be construct
ca ana erected unler tn. supervision
Of the mayor ihe chairman Of tn
committee Of The public works. tn
city engineer or such ether person a
the mayor and council shall designat,
3. That section ! simpiy grants iii
right 10 maintain ard operate th
railway over the streets OF the cit
and that this right is no; enlarged q
qualified elsewhere in the ordinanc,
except as above pointed out. and par
tioularly in connection with section
I. That section requires: Ga
That the top If he rails shall b
laid ard mainmmed aush with tn
surface Of the s.Ade rs estahnshe
by the city engineer. except in sue
instances as the nayor and counc
may specifically direct otherwise.
tbl That the traci shall at all time
corr espond with he acnal grade
the street.
II viii thus De seen that the cit
does not provide to., or ask the CON
pany 70 grade its streets for it.
does require tha. Il the company Sc,
fit To ayall itself al the franchi.
granted and put its tracks on an
street II the city, thar II doing !
the company shall comTiy with Sc,
ticn and lay hose tracks aush vii
the grade of the street IS establisae
by TIE city engineer" snd having
laid them. shall, as required by Sc,
tion 2, Immediately put the streets
good order and ccndition and so mar
tain them: and shall further. If