The citizen. (Honesdale, Pa.) 1908-1914, 1909-01-27
AN ORDINANCE.


ance and operation Of the railroad Of the said
company and defining the conditions upon
which the said right Of way Is granted
to appear to the Council OF the Borough OF
HOLcsdale in regular session, that the Homes
dale and Hawley Railroad Company, a cor
poration OF the State OF Pennsylvania, to
which a franchise was granted for the con-
struction, maintenance and operation OF an
by ordinance passed on the 1th day of Febru-
ary, 1906. and approved the 2nd day OF said
month. has been succeeded in its rights. priv
ileges and authorities by the Lackawax-
en- Valley Railroad Company; and that said
last named company is now the owner of all
the the right: title, Interests. equity franchises
real and personal, heretofore held by the
Honesdale and Hawley Railway Company,
due process of law. and is entitled to the pen
etits OF 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 II was provided that time necessarily
Consumed consumed by negotiations or unavoidable
litigation should not count in the time
limit, which said provision was also made a
part of the amended ordinance passed on
ghs Y S 10th y day OF January. 1908 and whereas.
IL mas Deen made to appear tOthe satisfaction
OF this Council that unavoidable delay has
been caused In the necessary reorganization
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-
sary franchises, and in negotiations for the
procurement of finances necessary to build
the said railway; which delay was incid, ntal
to the panic, and il satisfactorily appearing
that the said HUnesdac and and Mawley
pany have not been guilty OF laches neglect OF
Unnecessary delay, but have used all due dill
gence to bring Itself within the terms Of the
structed part of its said road through said
Lackawaxen Valley Railroad Company
and Hawley Railway Company, and that fur
ther time should be granted for the construc-
tion of said Railway, therefore:
SECTION 1.-Be il enacted and ordained by
the town Council of the Borough of Homes
dale. in the County OF Wayne and State Of
Pennsylvania, in council assembled, and it is
hereby. enacted and ordained by the author
ity Of the same, that from and after the pass
age OF this ordinance. the Lackawaxen Valley
Raj ilroad Company, "a corporation duly or
ganiZed and Incorporated under the laws of
the State of Pennsylvania its successors and
assigns, Is hereby granted the right. liberty
and operate for Il period of seventy-fve years,
for the conveying of passengers, baggage, eX-
press, freight and mail, q single track electric
railway tOperated as hereinafter provided)
through, over and upon the following streets
and highways Of the said Borough Of Homes
dale: w: Beginning &C point S in the centre tire
tween the said Borough of Honesdale and the
township of Texas, Wayne County, thence
Ill cdStcGly ulTcttlOU ONtT dJOllB anu upon
the said Park street to its intersection with
Main street {. thence in Il sOutherly direction
over. along and upon the said Main street to
between the Borough of HOnesdale and Texas
township: thence returning by the same route
to the place of beginning, making complete
circuit. Also beginning at the intersection OF
Main and Fourth streets: thence in an easter
ly direction over. along and upon the said
in Fourth street to the County bridge, marking
dale and Texas towns hip thence returning
by the same route to the place of beginning.
making complete cilcuit. Also beginning
| thence i'll nOrtherly direction over, along
and upon the said Main street to IL point
of Honesdale and Texas township thence re-
turning by the same route to the place of be-
ginning. making complete circuit.
SEC. 2.-That the track shall be what is
known as the standard gauge Of four feet.
eight and one-half inches a it., ~ in.) i'm
width and shall be laid in the middle of the
above named streets and highways respect
| lively. equally distant from the curb line on
both sides Of said streets and highway, un-
the said Borough Of Honesdale that the
Lackawaxen Valley Railroad Company shall
be furnished with "A grade by which to
| lay its said railway, and that the said Lack
AWAKEN Valley Railroad Company shall
strictly conform with such grade or grades
The said company shall be allowed 10 operate
standard freight cars through said streets al
all hours, so long as operated by
single units, or as trailer to a motor car
ana so as not 10 interfere WIN IflScl OI cars
| or the use of streets.
SIC. 3.-That the said Lackawaxcn Valley
Railroad Company shall also. at its own
! proper cost and expense. construct and re-
construct the roadbed between the rail, and
two feet in width on the outside of each and
every rail, Of the said railway. on each o
the above named streets and highways witt
such materials as are now upon the Sai6
streets and highways, in such manner as shal
be described and required by the said Bor
ough Of Honesdale and if AT any time here
after the said Borough of Honesdale shal
determine and resolve to pave any or all o
the above named streets and highways
then and in that event the said LackawaX
en- Valley Railroad Company shal
at once. and AT its own proper cost ,anC
tween the rails, and two feet in width on th'
outside of each and all rails of the said rail
way. on each of the above named streets ant
highways, with the same kind Of materia
said Borough Of Honesdale; That in so do
ing the said Lackawaxen Valley Railroad
streets and highways to the same relative po
sition and condition in which they were
found before the construction Of the said rail
way; or the, paving Of the said roadbed ant ant
portions adjacent thereto; that the said Lack
AWAKEN Valley Railroad Company be allow
ed to construct one turnout within the Bor
ough limits, which shall be located in from
of the Delaware and Hudson passenger de
pot; The said turnout e be ninety (SOl lee
structed at the intersection of Main and Parl
streets. and the said LackawaXcn Valley
| Railroad Company shall, at all times a
its own proper cost and expense. lay it
track. turnout. curves and switch and keel
the same in proper repair so that driving on
upon. over and across, with the usual and or
dnaTy vehicles may be safe and convenient
SEC. 4.-That the said LackawaXen Railroad
Company shall, in the construction OF tn
said single track, turnout, curves and switch
use such style Of rail known asthe I' rail
of not less than seventy (70) pounds per yar(
in weight, and such poles only as shall b
straight. kept covered by durable pa int. AM
numbered and kept inside the curb in sucl
manner as to cause the least possible obstruc
tiOn or injury to such curb and sidewalk. ant
so as not 10 unnecessarily ObStruct SUCH po
tiOns Of the front of private property as may
be needed and in use for business or Othe
purpose by the owner or tenant thereof ant
where dispute shall arise as to the placin
OF such pole or poles, the town Council OF tn
said Borough OF HOnesdale shall decide ant
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 tn
tracks OF said railway and across the street
at various places, shall be stretched. strun
and suspended so as to leave a clear, OpeI
and unobstructed space between the sat
wire or wires and the top of the rail directl
under the same of at least sixteen 06) feet
Provided, II the Borough shall pave the
streets by bricks OF any material the CON
pany shall replace the 1T" rails by fiat groov
ed rails.
SEC. 5.-The said Lackawaxen Valley Raj
NgaHanW n