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An ordinance granting the Ohio River Passenger Railway Company the right to construct, maintain and operate for the period of one hundred years, an electric street railway over and along certain streets and highways in the Borough of Glasgow, County of Beaver, State of Pennsylvania.
Subject, however, to certain conditions and restrictions hereon set forth and not otherwise.
Be it ordained by the Town Council of the Borough of Glasgow, a municipal corporation in the County of Beaver, State of Pennsylvania, and it is hereby ordained by authority of the same.
Section 1. That the Ohio River Passenger Railway Company shall have the right to construct, maintain and operate a double or single track electric street railway over and along the following avenues and streets in the Borough of Glasgow, to-wit: Beginning at the borough line, thence over and along Liberty avenue to Main street; thence over and along Main street to the extension of Main street to the northern borough line.
Section 2. That the foregoing grant includes the right to lay the necessary tracks and turnouts, to erect the necessary poles, to stretch the necessary wires, and to maintain the same for the purpose of propelling its cars over and along said avenue and streets by means of electric motors.
Section 3. That the said conditions and restrictions upon which the foregoing rights are granted are as follows, and the rights are not granted otherwise,
First. The said tracks shall be laid in the middle of the highway and the tops of said rail shall be laid at the grade of the highway as the same is now or may hereafter be established by the borough.
Second. That the said company, at its own cost and charge, shall grade, curb and pave, and when necessary, shall repair and repave a strip thirty feet wide out of the middle of the highway along the entire route of the railway within the borough. The said grading, curbing and paving, and repairing and repaving, shall be done in accordance with the plans and specifications proposed by said borough and the paving shall be done with hard burned, vitrified fire bricks.
Third. The turnouts, if any are necessary, shall be located on the highways by and in accordance with the directions of the Council.
Fourth. The wires used shall be as good as that used in the construction of good street railways and shall be stretched at such a height above the ground as the council may from time to time direct.
Fifth. The poles used by said company shall be of good straight timber. They shall be neatly shaved and kept neatly painted. They shall be located upon the highways under and in accordance with the direction of the Council and shall be moved whenever the Council so directs and relocated under the directions of the Council.
Sixth. The said Company shall at all times provide for the drainage of the highways or part thereof occupied by it, and the said provisions shall be made in such manner and by such means as the council may direct.
Seventh. That the said Company shall at all times permit the Borough to construct or repair sanitary or other sewers under its tracks or turnouts and at its own cost shall support said tracks and turnouts during said construction.
Eighth. Should it be necessary to change the grade of the highway for the accommodation of the road of said company, the said company shall pay the damage resulting to private property because of said change of grade.
Ninth. When snow is removed from the tracks of said company, the company shall either haul it away or scatter it evenly over the highway as the Council may direct.
Tenth. A car for the accommodation of local travel shall pass through the Borough of Glasgow, running in either direction, at least once during each hour, which car shall stop at any street crossing in the Borough when requested so to do by any person desiring to get on or off the car.
Eleventh. If a through car service is established by said company, all cars shall stop at the same point in the Borough of Glasgow, which point shall be indicated from time to time by the Council.
Twelfth. The rail company shall not charge a fare exceeding five (5) cents for transporting a passenger to and from any point in Glasgow Borough to the western boundary line of Industry township, and five (5) cents to and from any point in Glasgow Borough to the line between Pennsylvania and Ohio.
Thirteenth. Should the said company at any time charge less than fifteen cents for transporting a passenger from Midland to East Liverpool, then the said company shall not charge more than five cents for transporting a passenger from Glasgow Borough to the Public Square in East Liverpool, Ohio.
Fourteenth. The said company shall be subject to and comply with all the ordinances of the Borough now passed or to be passed hereafter.
Fifteenth. The said company shall save, keep harmless and indemnify the Borough of and from all suits, costs, charges and damages because of injury to person or property resulting directly or indirectly from the construction or operation of said railway.
Sixteenth. The work of constructing the said railway and of grading, curbing and paving the strip thirty feet wide along the said route shall be started by the first day of May, A.D. 1907, and shall be completed by the first day of January, A.D. 1908.
Seventeenth. That during the continuance of said work, the said company shall not tear up at any one time more of the highway than the Council may approve.
Eighteenth. That the rights and franchise granted by this ordinance shall vest in said company, its successors and assigns, subject to the conditions and restrictions set out in this ordinance, to the end of this period of one hundred years from date of this ordinance. At the end of this period the said rights and franchises granted by this ordinance shall cease and determine as completely as though this ordinance had never been passed.
Nineteenth. That the said company shall furnish a bond to the said Borough, subject to the approval of the Council, in the sum of Ten Thousand Dollars, conditioned that the company shall well and truly, without evasion or delay, keep, perform and abide by all the restrictions of this ordinance. The said bond shall be renewed from time to time as the Council may direct.
Twentieth. That a failure to keep and comply with the conditions and restrictions of this ordinance shall render this ordinance null and void, and the rights hereby granted shall be construed never to have passed from the Borough.
Twenty-first. That this ordinance shall not go into effect until the said company has paid all expenses incident to the preparation, publication and transcribing.
Twenty-second. That this ordinance shall become absolutely null and void unless the said company shall file with the said Council its acceptance of the same together with the bond above mentioned within thirty (30) days after the passage of the ordinance.
Passed final reading the 14th day of September, A.D. 1906.
(copy) HENRY CAMP,
Attest: - President.
REED McFALL, Secretary. (Copy).
Approved the 22nd day of September, A.D. 1906.
(Copy) CHARLES 0. CAMP,
(Seal). Burgess.