The citizen. (Honesdale, Pa.) 1908-1914, 1913-03-28

necessarily obStruct such portion of
the front to private property as may
be needed and in use for business or
other purposes by the owner or ten
ant thereof, and where dispute
shall arise as to the placing of such
pole or poles the Town Council Cf
the said borough of Honesdale, shall
decide and indicate where such pole
or poles shall be located. That all
trolley or other wire or wires to be
stretched over, strung along or sus-
pended from such pole or poles over
the tracks of the said railway and
across the street at various places,
shall be stretched, strung and sus-
pended so as to leave clear, open
and unobstructed space between the
said wire or wires and the top of the
rail directly under the same of at
least eighteen (18) feet. And the
Town Council of the borough of
Honesdale shall be entitled to the use
of said poles for fire and police pur-
poses, so far as such use does not in
terfere with the use thereof by the
Wayne County Railway Company.
Section Sixth: That the said
Wayne County Railway Company
shall at all times and in all respects,
construct, reconstruct, repair, main
tain and operate the said railway
and its appurtenances with due re-
gard to the safety of life, property
and the convenience of the public.
1t shall adopt procure and use the
most improved cars, tenders, brakes,
lights, gongs and other appliances.
1t shall run none of its cars at a
greater speed than twelve miles an
hour within the limits of the said
borough. Its charge for a single fare
on the said railway between any two
points within the limits of the said
borough shall not exceed five cents.
That it will stop it's cars on the sides
of all street crossings, so as not to
obstruct the same. In the event of
fire it will yield the right of way to
all fire engines, trucks, and hose car
riages, and it shall not by the run
ming and operating of its cars inter-
fere with the proper and necessary
use of the said fire engines, trucks,
hose carriages, and other necessary
fire apparatus and appointments. 1t
shall at it's own proper cost and eX-
pense remove all debris resulting
from the construction, reconstruc-
tion or repair of It's said railway, and
shall remove all snow and ice from
it's tracks in such a manner as shall
not interfere with the public use of
the said streets and highways by the
public.
Section Seventh: That the said
Wayne County Railway Company
shall indemnify and hold harmless
the said borough of Honesdale in all
suits or actions at law which may
arise from the construction, recon-
struction, repair or operation of its
railway.
Section Eighth: That except
wherein otherwise in this ordinance
provided for, the said Wayne Coun-
ty Railway Company shall be sub
ject to such reasonable conditions,
regulations, stipulations, and re-
strictions as the said borough by its
Council shall hereafter, and from
time to time, make and impose by
ordinance duly enacted and ordain-
ed; Provided however, that for a
period of ten years from the date
of the acceptance of this ordinance
by said Railway Company no bor-
ough tax shall be placed upon any
of it's poles, cars or other appurt-
ances of the said Company
Section Ninth: All persons may
drive with wagons, carriages or 9TH
er vehicles on the tracks of the said
railway without becoming trespas-
sers; Provided however, they do not
unnecessarily retard, or unreason-
ably interfere with the operation of
said railway
Section Tenth: That the said
Wayne County Railway Company
shall begin the exercise of the fran
chises and privileges hereby granted
within three months from the pas
sage of this ordinance, and shall have
it's railway fully equipped and con-
veying passengers, baggage, freight
and mails within twelve months, and
continuously thereafter.
Section Eleventh: That each and
every one of the respective provis-
ions of this ordinance shall be exc
cuted by and at the proper cost and
expense of the said Wayne County
Railway Company, and in the event
that the said Company shall omit,
refuse, fail or neglect to faithfully
and fully comply with and execute
the said provisions and every one of
them, then, and in that event it shall
be the duty of the Town Council of
the borough of Honesdale, after rea-
sonable notice to the said Railway
Company of such omission, failure,
refusal or neglect, to enforce any and
all such provisions as shall have been
omitted, failed to execute, or refuse
or neglect so to do, at the proper
cost and expense of the said Com
pany.
Section Twelfth: That the said
Wayne County Railway Company, its
successors or assigns, shall at nc
time operate their railway upon the
said streets and highways by steam
power, but may do SO by any other
approved method of operation, or by
electricity transmitted by the over
head trolley or underground system
over, along and upon the streets and
highways above mentioned.
Section Thirteenth: That each and
every one of the grants, conditions
regulations, stipulations and restric-
tions respectively contained in this