Ma a ORDINANCES OF THES vii ait ; otk OF COLUMBUS. OFLIO; Revised, Codified and Consolidated BY JOHN M. DOANE, Gity Clerk, ASSISTED. BY CYRUS HULING, of the Columbus Bar. UNDER AUTHORITY AND DIRECTION OF THE CITY COUNCIL. CONTAINING ALL GENERAL AND SPECIAL ‘ORDINANCES ‘OF PUBLIC INTEREST IN FORCE JANUARY 1, 1896, COLUM THE WESTBOTE CO%: 7 PRINTERS. Ne Ve DAG: Vif HAA Ae eVIS Reig hier ode GENERAL ORDINANCES. AN ORDINANCE to revise and codify the general ordinances of the City of Columbus, Ohio, passed and in force on February 12, 1894. Be it ordained by the City Council of the City of \ o'wmbus, Ohio, That the ordinances of the City of Columbus, Ohio, as revised and codified, and in force on the 12th day of February, 1894, be reordained as follows, to-wit: PREFACE. [HE codification and compilation of the general and special ordinances of general interest contained in this volume, includes the codification of the general ordi- nances passed by the City Council on February 12, 1894, and in addition thereto, all general ordinances passed and in force up to January 1, 1896, together with special ordinances of general interest in effect on the same date. The sections of the general ordinances are numbered consecutively to the end, with appropriate subdivision of heads and marginal indices. An effort has been made to so arrange and index the volume as to permit the speediest possible €xamination of every subject of Municipal Legislation. It should be borne in mind that many proper subjects for Municipal Legislation in Columbus are so fully covered by State Legislation, that supplemental proceedings by Council have not been necessary, and that to obtain a complete knowledge of local laws in force, especially those affecting duties and salaries of municipal officers, the annual volumes of Ohio Laws must be consulted as well as this volume of ordi- nances, A88\ | CONTENTS. CHAP THR Lf. PAGE SRR ALR IMU NY KG AUS THA FUG ES oi oen f cll e hime aii eM ciate Se AA he ea Oa tate a EL) I-2 CHAPTER 2 BW NIN GS SIONS IAND SIGN POST Siig osetia iit Gok aailion hac een em hua bec ubneaaly 2-3 CHAPTER 8 ASSONCE LS Ree EPMA e BUS Erret Ave: Pik cy st A aes GAR Sg Ses ech od OA Te RR Hae Va AT RO 3-4 CHAPTER 4 BSUS SoA ges masa tots toll sretilotte. soe cls RRL ONY ne AMAR ee ahs sree Mane ee TRE US Te Ababa anerey geal Me Me 5-7 CHAPTER 5 EEC OU EMA CES Sin NON pi ebZ) Sco te” cha YON PI ee LA a at Sues Ret PU Mi he MM EN Oo lp 7-8 CHAPTER 6 BOUND ABMS OF GREYS ANDI WARDS fyi. Nil Ge sok Mond ation mie) ake eae eda eae 9-24 CHAPTER 7 VO ESSONES EES) USES NS |e Ls aR eta AET MPR Ia IRD Sic TA ae MT OY 24-25 CHAPTER 8 HORAN SEARO WNIT CA Una eT aed i CNet a A AE ANSON LT 26-27 CHAPTER 9 Mra RE RC ORIEL SMa. (tye bt eee We RTT A) ee nity vor tae Gast Xd NUMMER CA Oh oie ape eA ay an CHAPTER 10 PRET SAME ANA MOSES NA OWE ACGR STO) City Ut dC ae RE a el I A 28-30 CHAPTER 44 REM EEE TEAW hy ce sen ca nS. eRe oh, So Se RE re 31-32 CHAPTER 12. » DEPARTMENT OF PUBLIC TMB Sa a Oda WU ae ARS rae Ea an ea a 33734 VI CONTENTS. CHAPTER ‘13. DEPARTMENT OF PUBLIC IMPROVEMENTS— Subdivision 1—Water Works CHAPTER 14, DEPARTMENT OF PUBLIC IMPROVEMENTS— Subdivision 2—Cleaning and Lighting CHAPTER 15, DEPARTMENT OF PUBLIC IMPROVEMENTS— Subdivision 3—Streets and Public Grounds CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY CHAPTER 17. DEPARTMENT OF PUBLIC SAFETY— Division 1—Police CHAPTER 18. DEPARTMENT OF PUBLIC SAFETY— Division 2—Fire Department CHAPTER 19. DEPARTMENT OF PUBLIC SAFETY— Division 3—Health and Charities............. CHAPTER 20. DEPARTMENT OF PUBLIC SAFETY— EN SLOT AR MAT ICOUS fro a eyed Fikes, a ale abs cea eek OR US are ried el ee CHAPTER (21. DEPARTMENT OF PUBLIC SAFETY— Pivision s-—Inspector of Buildings. |. os iesk oc: hah bien. ad ae : CHAPTER 22. DEPARTMENT OF PUBLIC SAFETY— Division’ 6—Sealer of Weights and Measures... 00). sicls bei ee CHAPTER 28. PIRES EOR THE PREVEN ELON OR tilts t cajsie wialataha Siva ele stew te aun tn hae eee ree . 37-38 CONTENTS. Ph WAN te CHAPTER 24: USER So esN em NA LD ENG RC so de Pah nate INICy ake om PME Ves tay ce cme CaM acie Te PA Cane cha TTS et a! Bae COR Oe, SNE 92 CHAPTER 26. HARE CHARITY, FUND-AND ORPHANS’ HOME’. (214. fon © bat ucscsun cae eon 93-96 FRC SO) TELE: RAO pr 0k Cnr toe toate Sart aie Lente S.No at ‘96-97 CHAPTER 28 TENET OS CBA eh Ued oh BNTe URW EAU SPM Ge en cany eal lls Oe Rae cee rs a oS Ps poche debs 98-99 CHAPTER 29 HOSES UME ne ee cy Te Reeds nel eet oral ae aan Nts Sree So 100-103 CHAPTER 30 ANS AOL cp ounce AAO: aD Ma eM NLRC tig a MEER Whee ie ge Seen Nu RE batt beds Ae 103-105 CHAP DR R31 REESE UREAIN CIC SIy , otasttier anomie Siew e nial 2 char Chee et keg ae clas BNE. peed SR Rae ene 106-1358 CHAPTER 382 RASS Sc errant 630) iene MER 0 RAPE” RIE cetacean EA BIE Re wp SHED peu tare a St ib 138-140 CHAPTER 33 HGH BAVC Or CL OOM SSS UE RA SRA Oana CLT Ara AP Str ae ROEM ie Ae tale ee Pa ia Ue aaa aN OY. 141 CHAPTER 34. MES ACU ROAD G pu inietec i It ta. tUemies ts. AM te, STU es hl hhh ite Ae ROE ra 142-143 CHAPTER 35; Pega be tai) a MELCHER ENG hd ACYo is wl, 2 LUC Bah pn pV ee is ie WO hei 144~145 CHAPTER 36 EN ren ete tr ty s's LN ee Fear disease 8 me I Oe ae To 145-146 Sacchi Beer SAL een aR Dry Sed p 147-160 CHAPTER 39, 7 & Pn yaa Beet ri fll IHEP SL CALE neers ec tals cae : J CHAPTER 40. _ Or dys } i ee eat eae a, @ geldy) 0 white): Geta nia AeTjapral posh) ta 4a tye ollalcpl On ode tel r ‘ i * A ta NOHAP TOR ATIn) e's ln act aa ‘ -. 166- (Ras Oa Ota RPE R Aone ’ e — Appmoss AND SUBDIVISIONS ACCEPTED: o VN GAMO ge * 7 ; are * , Mas ain 4 f ~ CHAPTER PO cain “ vy oe ‘ es, ¢ " been eee eee be i eh ‘ | Veh ‘ ree wt Me ee (CHAPTER MATS es ohne! CHAPTER 45, GRANT s TO RAILROADS eee ‘ a ives TNS ae “ovsre oe 4 } if ve fe | TRLEPHONE. FRANCHISES terete tet ee ee ee nee ee eee Meee wy SE Ap ic Os CHAPTER 47, MISCELLANEOUS ORDINANCES BRA ae reris de’ Cha cool amv CHAPTER 1. ANIMALS RUNNING AT LARGE. SECTION. 1. Pounds and Poundmasters. 2. Duties of Poundmaster. 8. Fees. ’ Section 1. The Board of Public Works is hereby em- powered to establish, construct and maintain such pounds, and appoint Poundmasters thereof as in its judgment may be necessary. Src. 2. Any Poundmaster, appointed according to the provisions of the foregoing section, finding an animal, men- tioned in Section 4202 of the Revised Statutes of Ohio, at large, contrary to the provisions of the chapter of which said Section 4202 is a part, on view or information, shall take up and confine the same within the pound under his charge, forthwith giving notice thereof to the owner of such animal, if known, and if not known, by posting a notice describing such animal therein at the gate of such pound, and if said owner does not appear and claim his property and pay all charges for taking up, advertising and keeping the same within ten (10) days from the date of said notice, such animal or animals so taken up and confined, may be pro- ceeded with under the laws regulating estrays; the mere act of any such animal running at large in or upon any of the places mentioned in said Section 4202, shall be prima facie evidence that such animal is so running at large, contrary to the provisions thereof; but if it be proven that such animal escaped from the owner or keeper thereof without his knowl- edge or fault, then it shall be given to the owner or keeper thereof upon payment at the rate of fifty cents per day of twenty-four hours for keeping the same from date of taking Passed Decem- ber 11, 1893. Pounds and Poundmasters. Duties of Poundmasters. : Penalty. Fees. Passed April 10, 1872. Awnings, signs and sign posts. Penalty. REVISED ORDINANCES. [ CH. 2 up until surrendered to owner. And if any Poundmaster so appointed shall take any animal named in Section 4202 out of an inclosure where the same has been placed by the owner, or shall wilfully neglect to perform any of the duties above required, he shall, upon conviction, be fined not more than twenty-five dullars, or imprisoned not more than twenty days, or both. Sec. 3. Any of said Poundmasters taking up any such animal shall be entitled to charge and receive from the owner or keeper of such animal the fees prescribed by Section 4208 of the Revised Statutes of Ohio. CHAPTER 2. AWNINGS, SIGNS AND SIGNPOSTsS. SECTION. 5. Awnings, signs and signposts. Sec. 0. No owner or occupant of any house, store or other building, shall erect or construct, or cause or permit to be erected or constructed, or permit to remain erected or constructed, any awning, sign, signpost, board, pole, or other device, structure or thing, in front of any such house, store or other building, on any street in this city, that shall pro- ject over the sidewalk of such street more than eight feet from the wall of such house, store or other building; nor that shall be less than eight feet above the pavement of the sidewalk in front of such house, store or other building; and any person violating any of the provisions of this section shall be subject to a penalty of not less than five, nor more than twenty dol- lars for each offense, and every twenty-four hours any such awning, sign, signpost, board, pole, or other device, structure or thing shall remain after due notice to remove the same shall be considered an additional offense. , SER? CH. 3 | BOATS. Provided, that no wooden awning or other roof shall be constructed over any sidewalk in the city, but all awnings shall be made of canvas or other like material, and so con- structed as to be rolled up to the wall when not in use; and provided, further, that this section shall not be construed or understood as applying to railings or other protection around entrances to vaults, basements or cellars. CHAPTER 3. BOATS. SECTION. 6. Regulating loading and discharging boats. 7, Stagnant water and offensive matter not to remain in boats. 8. Tow-path and landings to be kept clear. Sec. 6. Any boats or water-craft of any description. that may be at, or shall arrive from time to time at any of the public wharves, streets or landings in this city, shall not be allowed to remain longer than two days for the purpose of loading or discharging their respective cargoes. In all cases empty boats or water-crart of any description, or boats not receiving or discharging cargoes, lying at any of the wharves, streets or landings in this city, shall be compelled to give place to such boats or crafts, as may be ready to discharge or take in a load, or that are passing up or down for that pur- pose; any and every person refusing or neglecting to give place as aforesaid, shall be fined any sum not exceeding ten dollars, with costs. Src. 7. It shall be unlawful for any person or persons owning or having charge of any boat or water-craft of any description, which may be lying at the shore of the Scioto river, or at any of the wharves, streets or landings in the city, to suffer water to remain in the same until it becomes Passed Febru- ary 14, 1848. Regulating loading and discharging. Empty boats to give way. Penalty. Stagnant water and offensive matter not to remain in boats. REVISED ORDINANCES. ahs Pe Penalty. Free from ob- structions. To be seized and sold. Penalty. stagnant, or to have, or keep on board any spoiled provisions; fish or any other unsound, putrid or offensive substance; any person violating any of the provisions of this section, shall, on conviction, be fined any sum not exceeding five dollars, with costs, and five dollars for every day such water or other substance is suffered to remain as aforesaid. Sec. 8. All persons unloading or owning any lumber, stone, firewood, coal, materials for building, merchandise, salt, or any other article whatever, or drawing out drift-wood, or any other article on the wharf, or streets running to the river, shall immediately remove the same at least fifteen feet from in front of the wharf, or the edge of the water, as the case may be, so as to leave the tow-path and landings clear and a sufficient passway for wagons and horses to the water on Town street, State street, and Broad street, and all lumber, stone, firewood, coal, materials for building, merchandise, salt, or any other article whatsoever, that may obstruct the passage, shall be removed from Canal street in a reasonable time, not exceeding three days; and any article found obstructing the tow-path, contrary to the provisions of this section, shall be seized and sold to the highest bidder by the city authorities, for the benefit of the city, or if not salable, shall be removed at the expense of the owner or owners. Any person violating this section shall be fined any sum not exceeding twenty dollars, with costs. CH. 4] BONDs. CHAPTER 4. BONDS. SECTION. 12, 18. Issuing of certificates of in- debtedness. SECTION. 9. Safe keeping of city bonds. 10. Money to be deposited immedi- ately with Treasurer. 11, Meney to be used solely for pur- pose bonds issued. veterans. Src. 9. The Director of Accounts shall have the custody of all bonds authorized to be issued by the City of Columbus for any purpose whatever, until the same are sold or other- wise disposed of according to law. Sec. 10. All moneys’ realized from the sale of bonds shall be immediately deposited with the City Treasurer. Seco il. authorized to be issued by the City of Columbus for any purpose, shall only be appropriated and used for the purpose for which they were or shall be issued, and for no other use or purpose whatever, and the City Treasurer shall credit all The moneys realized from the sale of bonds moneys so paid in to the account for which said bonds are sold. Src, 12. For the purpose of postponing the issue of bonds that may be authorized by law for any purpose and for which issue provision has been made by ordinance by said Council, until the completion of the work for which such issue is required, the Director of Accounts of said city is hereby authorized to issue from time to time, as such work progresses, to raise money to pay the estimates for the costs and expenses of such work as they may become due and paya- ble, certificates of indebtedness of said city to an amount not to exceed in the aggregate ninety per cent. of the bonds so authorized in any case. Said certificates of indebtedness 14. Bounty bonds for volunteer ~ Passed Janu- ary 9, 1894, Money to be immediately deposited with Treasurer. Money to be used solely for purpose for which bonds issued. Passed June 29, 1891. Certificates of indebtedness. 6 Signature. Rate of in- terest. Moneys aris- ing from, how applied. Sale of certifi- cates. Passed April 11, 1881. Bounty bonds for volunteer veterans. Sections 9085 to 9091, inclu- sive, R.S. REVISED ORDINANCES. [cH. 4 shall be signed by the Mayor and Director of Accounts of said city, each in his own hand; shall bear interest at the rate of six per cent. per annum; shall be payable on call out of the proceeds of the bonds or revenues in lieu or in anticipa- tion of which they may be issued. Sec. 13. The moneys arising from the issue of certifi- cates authorized by the foregoing section shall be applied exclusively for the purpose for which such certificates may be issued; such certificates shall be first offered to the Com- missioners of the Sinking Fund of said city, and if not taken by them shall be sold by said Director of Accounts at not less . than par to the highest bidder, after the sale thereof has been advertised for a period of ten days in a newspaper published and of general circulation in said city; such sale, however, not to take effect until approved by the Board of Public Works of said city. In case of failure to sell said certificates of indebtedners as herein provided, the Director of Accounts is hereby further authorized to issue said certificates at par to the creditors of said city in payment of the estimates and claims held by them, in the discharge of which the moneys that would have arisen had said certificates sold would have been applied. Src, 14. There shall be issued to each veteran volunteer, who is by law entitled thereto, a bond 0! the City of Colum- bus, for the sum of one hundred dollars, or a less sum, as the case may be, according to law, which bonds shall bear six per cent. interest, and shall be redeemable at the pleasure of the City Council, one year after the date thereof, and which bonds shall be signed by the President of the City Council of said city, and countersigned by the City Clerk of said city, which officers are hereby authorized and empowered so to sign and countersign the same on behalf of said city after the following provisions have been complied with: Upon the presentation of any such claim for bounty, the same, together with all papers pertaining thereto, shall be referred to the Committee on Law of said City Council, a CH. 5] BOOTBLACKS * together with the Director of Law of said city, who shall care- fully examine the same, and require such proofs from the claimant as they may deem necessary to establish his right to the benefit of the law in that behalf, and if, upon such examination, such claim shall be found to be just and proper, the Committee on Judiciary, or a majority thereof, together with the Director of Law, shall so certify, and upon the pro- duction of such certificate, and upon the filing with the City Clerk of all proofs and papers relating to the claim, the President of the Council and the City Clerk shall issue the bond of the city as aforesaid to such claimant. The City Clerk shall keep, in a book to be provided for that purpose, a careful and complete record of all bonds so issued, including the names of the persons to whom issued, the date, amount, and all other matters pertaining thereto, and shall carefully file away and preserve in his office, all papers relating to such claims for bounty. CHAPTER. 5. BOOTBLACKS. SECTION. SECTION. 15. Bootblack defined. 17. Badge and record. 16. Must have permit from Superin- 18. Penalty. tendent of Police. _ Sec. 15. Every person who pub'icly blackens and _pol- ishes boots and shoes for hire upon the streets and in the public places of this city, shall be deemed a bootblack within the meaning of this chapter. Src. 16. No bootblack shall pursue his trade within the limits of this city unless he shall have first procured from the Superintendent of Police a permit therefor. The Super- intendent of Police is hereby authorized to issue from Passed July 13, 1835, Bootblack de- fined. Must have per- mit from Su- perintendent of Police. Badge. Record. Penalty. REVISED ORDINANCES. [cH. 5 time to time to such persons as he shall deem trustworthy; permits to follow the business of a bootblack, which shall continue in force for one year, and may be revoked at any time by the Supe intendent of Police for »ny wilful violation of the provisions of this ordinance or of any other ordinance of the city, or for any criminal conduct on the part of the person holding the same. Sec. 17. Every bootblack shall wear upon his person exposed to view, a badge with a number upon or attached to it, which shall be furnished by the Police Department, and for which the said department shall be entitled to charge and receive from each bootblack the cost o: such badge, not to exceed twenty-five cents. It shall be the duty of the Police Department to keep a record of the names and numbers of all persons to whom such permits have been granted, with the date of the issuing of each permit. Src. 18." Any person who shail follow the business of a bootblack in this city without having a valid permit so to do, or without complying in all respects with the provisions of this ordinance, shall, upon conviction thereof, be fined in any sum not less than one dollar nor more than ten dollars, or be imprisoned not more than ten days for each and every offense, and may be held to have forfrited his permit CH. 6] BOUNDARIES OF CITY AND WARDS. CHAPTER 6. BOUNDARIES OF CITY AND WARDS. SECTION. 19. Boundaries of city. 20 to 39. Boundaries of wards. Sec. 19. The corporate limits of the City of Columbus, Ohio, are hereby declared to be, and are described, as follows: Beginning at a point in the south line o one-half section No. 41, township 5, range 22, Refugee Lands, two hundred (200) feet east of the east line of the Columbus and Groveport turn- _ pike, or South Parsons ‘avenue; thence northerly parallel with the east line of said turnpike or Parsons avenue and two hundred (200) feet distant therefrom to tte north line of a street commonly called ‘“ Nigger lane,” now called Marion avenue, Said street being on the south line of Moler’s subdi- vision of Morrison’s lot No. 18; thence easterly with the north line of said Ni; ger lane or Merion avenue and south line of Moler’s subdivision to the east line of Moler’s subdi- vision, which line is also the half section line between half sections No. 80 and No. 31, township No. 5, range No, 22, Refugee Lands; thence northerly with said half section line (being the east line of Moler’s, Bruck’s and McClelland’s sub- divisions as shown on recorded plat) to a point in the south line of a street thirty feet wide and known as Reinhard ave- nue, where said section line intersects the same; thence east- erly with the south line of said Reinhard avenue produced easterly until it intersects the center line of a road sixty feet wide and known as the Lockbourne road, said center line being also the east line of half section No, 31; thence north- erly with the center of said Lockbourne road and half section Passed Decem- ber 11, 1898. Boundaries of he city. REVISED ORDINANCES. [ CH. 6 line to a point two hundred (200) feet south of the south line of Livingston avenue in the said City of Columbus, Ohio ; thence easterly on a line parallel with the south line of Liy- ingston avenue and two hundred (200) feet distant therefrom to a point where the center line of Kelton avenue produced southerly would intersect the same; thence northerly with the center line of the said Kelton avenue extended south to the south line of Livingston avenue; thence easterly with said south line of said Livingston avenue 289 feet; thence northerly parallel with the center line of Kelton avenue and following the west line of Lilly avenue to a point 200 feet south of the south line of Main street, formerly National road; thence easterly parallel to the south line of said Main street and 200 feet south therefrom to the center of the water- course known as Alum creek ; thence with the center line and meanders of said Alum creek to a point where the same is intersected by the south line of the Nelson heirs’ tract in sec- tion 11, also the north line of Barr’s subdivision; thence westerly along said line between the Nelson heirs’ tract and the Barr tract to a point 180 feet east of the east line of Woodland avenue; thence northerly parallel to the east line of said Woodland avenue and 180 feet distant therefrom to the center of a county road, now generally known as Atche- son street, this said center line being the north line of half section No. 15, township No 5, range No. 22, Refugee Lands; thence westerly with the north line of half sections Nos. 15, 14 and 18 to a point where said half section line is inter- sected by the center line of the original main line of the Cen- tral Ohio Railway Company; thence with the center line of said railway southwesterly to a point where the east line of Fifth street produced northerly would intersect the same; thence northerly on the said east line of Fifth street produced northerly until the same intersects the west rail of the main line of the Cleveland, Columbus and Cincinnati Railway Company’s track (now called Big Four route); thence north- erly with the west rail of the said Cleveland, Columbus and CH. 6 | BOUNDARIES OF CITY AND WARDS. Cincinnati Railway Company’s main line to a point where the center line of Chittenden avenue produced easterly would intersect the same; thence westerly with the center line of the said Chittenden avenue to a point where the same inter- sects the east line of Summit street; thence northerly with the east line of the said Summit street to the south side of a county road known as the Mock road, being the road along the north line of lot No. 22, section 4, township 1, range 18, United States Military Lands; thence west along the south line of said Mock road toa point thirty (80) feet west of the half section line between sections 3 and 4 in said township, said point being also the west line of a street known as Dayton avenue; thence northerly with the west line of said Dayton avenue or Mock road to a point in the Mock road where the same makes an angle to the west; thence westerly on the south line of said Mock road to the west line of the Columbus and Worthington turnpike, now known as North High street ; thence on the south line of said Mock road produced westerly 8C7 feet to a point in said line; thence in a southwesterly di- rection 615,%,%, feet to a point in the north line of Fourth street in North Columbus (now known as Dodridge street) 983 5%") feet west of the west line of the said North High street or Columbus and Worthington turnpike; thence westerly with the north line of the said Dodridge or Fourth street and the same produced westerly 302,5,°, fe-t to the west bank of the Olentangy river; thence southerly with the west bank of said Olentangy river with the meanders thereof to the north bank of the Scioto river; thence diagonally across the Scioto river in a southwesterly direction to a point in the south bank of the Scioto river opposite the west line of Washington street, now known as Sandusky street, in what was formerly called the town of Franklinton, in Franklin township; thence westerly with the south bank of the Scioto river and the meanders thereof toa point where said river bank intersects the north and west right of way line of the Columbus, Spring- field and Cincinnati Railroad Company; thence following the EE REVISED ORDINANCES. [cu. 6 north and west right of way line of said railroad company to a point where said right of way line intersects the east bank of a stream or creek known as Dry Run; thence southerly with the east bank of said creek and the meanders thereof to ‘a point where the east bank ot said Dry Run intersects the north right of way line of the Columbus and Xenia, or Little Miami Railway Company; thence westerly with the north line of said railway company’s right of way to a point where the said Columbus and Xenia Railroad Company’s right of way intersects the north rn right of way line of the Colum- bus, Springfield and Cincinnati Railroad Company; thence westerly along the north line of the said Columbus, Springfield and Cincinnati Railroad Company’s right of way line to a point where said right of way line intersects the center line of a county road known as the Sullivant county road, as shown on the plat of annexation on record at the Recorder’s office of Franklin county, Ohio; thence southerly with the center line . of said county road to a point in the north line of the National road, now called West Broad street; thence south- erly across said West Broad street to a point in the south line ot said Broad street where the same intersects the center line of a street known as Hague avenue; thence southerly with the center line of said Hague avenue and the same produced southerly to a point 200 feet south of the south line of a street known as Sullivant avenue; thence easterly with a line parallel to the south line of said Sullivant avenue and 200 feet south therefrom to a point where said line intersects the center line of a street known as Ryan road; thence southerly with the center line of said Ryan road to the north line of a road known as the Trappe turnpike; thence easterly along the north line of said Trappe pike to a point in the west line of a street known as Central avenue; thence continued easterly across said Central avenue to a point where the east line of said avenue intersects the north line of the Harris- burgh pike or West Mound street; thence continuing easterly with the north line of said Harrisburgh pike or West Mound CE. 6 | BOUNDARIES OF CITY AND WARDS, street toa point where the said north line of West Mound street intersects the west line of Sandusky street ; thence with the west line of Sandusky street produced southerly to the south line of the said Harrisburgh pike or West Mound street; thence easterly with the south line of said West Mound street to a point 138 feet west of the west bank of the Scioto river; thence with an angle to the right of 99° 49’ a distance of 15832% feet toa point; thence in a southwesterly direction to a point in the center of astreet in the subdivision of the Eaton farm known as Reiter avenue, said point being located 1,159 feet east of the east line of the Jackson pike so called; thence southwesterly to a point in the south line of lot No. 44 of Eaton’s first subdivision, said point being also the north line of a thirty-three-foot alley as shown on said plat of subdivision, and is located 890 feet east of the east line of the Jackson pike so called; thence in a southerly and easterly direction, following the westermost and southermost toe of the levee on the west bank of the Scioto river, to a point in the north line of a street known as Greenlawn avenue; thence easterly with the north line of said Green- lawn avenue produced to a point in the east bank of the Columbus feeder of the Ohio canal; thence southerly with the east bank of said Columbus feeder, and following the meanders thereof to a point where the east line of said Co- lumbus feeder of the Ohio canal intersects the south line of one-half section No. 43, township 5, range 22, Refugee Lands; thence easterly with the south line of one-half sections Nos. 43 and 41, township 5, range 22, Refugee Lands, to a point two hundred (200) feet east of the east line of the Columbus and Groveport turnpike of South Parsons avenue, said point being place of beginning. | Src. 20. The wards in the City of Columbus, Ohio, are hereby declared to be bounded and described as provided in the following sections, the same to be numbered and desig- nated as the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thir- Passed October 80, 1893. Boundaries of wards. 14 REVISED ORDINANCES. [ cH. 6 Ward 1. Ward 2. teenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eight- eenth and Nineteenth wards of said city. | Sec. 21. The First Ward is described and bounded as follows, to-wit: Beginning at a point in the south line of half section No. 48, township 5, range 22, Refugee Lands, said line being the present south corporation line ot the City of Columbus, Ohio, where the same intersects the east bank of the Columbus feeder of the Ohio canal; thence northerly with the east bank of said canal (following the west corporation line) to the center of Greenlawn avenue; thence easterly with the center line of Greenlawn avenue to High street; thence crossing High street to the center of Thurman street; thence continuing easterly with the center line of Thurman street to the center of City Park avenue; thence northerly with the center line of City Park avenue to the center of Reinhard avenue; thence easterly with the center line of Reinhard avenue to the center of Third street; thence north- erly with the center line of Third street to the center of Schiller street; thence easterly with the center line of Schiller street to the center of Parsons avenue; thence southerly with the center line of Parsons avenue to the center of Reinhard avenue; thence easterly with the center line of Reinhard avenue to its intersection with the line between half sections Nos. 30 and 81, township 5, range 22, Refugee Lands; thence southerly with said half section line to the north line of Merion avenue; thence westerly with the north line of Merion avenue to a point in said line 200 feet east of the east line of Parsons avenue; thence southerly on a line parallel to and 200 feet distant east from the east line of Parsons avenue to the south corporation line, said line being the south line of said halt section No. 41; thence westerly with the said south corporation line to the Columbus feeder, being the place of beginning. Seo 22. The Second Ward is described and bounded as follows, to-wit: Beginning at a point where the center line of Greenlawn avenue inte sects the east bank of the Co- a a i dione (Gis & 6 | BOUNDARIES OF CITY AND WARDS. lumbus feeder; thence northerly with the said east bank to a point where the north line of Greenlawn avenue extended easterly intersects the same; thence westerly with the north line of Greenlawn avenue produced easterly, to the inter- section with the westermost toe of the Scioto river levee; thence following the westermost toe of said levee, and west corporation line to the center of Harrisburgh pike or Mound street; thence easterly with the center line of Mound street to the center of canal street; thence southerly with the center line of Canal street to the center of Court street; thence easterly with the center line of Court street to the center of Third street; thence southerly with the center line of Third street to the center of Reinhard avenue; thence westerly with the center line of Reinhard avenue to the center of City Park avenue; thence southerly with the center line of City Park avenue to the center ot Thurman stree’; thence westerly with the center line of Thurman street and the center line of Greenlawn avenue to the east bank of the Columbus feeder, being the place of beginning. Sec. 23, The Third Ward is described and bounded as follows, to-wit: Beginning at the intersection of the center line of Third street with the center line of Schiller street; thence northerly with the center line of Third street to the center line of Court street; thence easterly with the center line of Court street to the center of Fuurth street; thence - northerly with the center line of Fourth street to the center of Main street; thence easterly with the center line of Main street to the center of Sixth street; thence southerly with the center line of Sixth street to the center of Livingston avenue; thence easterly with the center line of Livingston avenue to the center of Lathrop street; thence southerly with the center line of Lathrop street to the center of Sycamore street; thence easterly with the center line of Sycamore street to the center of Parsons avenue; thence southerly with the center line of Parsons avenue to the center of Schiller street; thence westerly with the center line of Schiller street to the center of Third street, being the place of beginning. Ward 3. ES 16 Ward 4, Ward 5. REVISED ORDINAN( Es. [cu. 6 Sec. 24. The Fourth Ward is described and bounded as follows, to-wit: Beginning at the intersection of the center line of Sixth street with the center line of Main street; thence easterly with the center line of Main street to a point 289 feet distant east from the center line of Kelton avenue; thence southerly on a line parallel to the center line of Kelton avenue and 289 feet distant therefrom to the south line of Livingston avenue; thence westerly on the south line of Livingston avenue to the center of Kelton avenue; thence southerly on a line which is the center line of Kelton avenue, produced to a point 200 feet south of Livingston avenue; thence westerly on a line parallel to and 200 feet distant south from the south line of Livingston avenue to the center of the Lockbourne road; thence southerly with the center line of the Lockbourne road to a point where the south line of Reinhard avenue extended easterly would intersect the same; thence westerly with the south line of Reinhard avenue ex- tended easterly to the line between half sections Nos. 30 and 31, township 5, range 22, Refugee Lands; thence northerly on said line to the center of Reinhard avenue; thence westerly with the center line of Reinhard avenue to the center of Parsons avenue; thence northerly with the center line of Parsons avenue to the center of Sycamore street; thence westerly with the center line of Sycamore street to the center of Lathrop street; thence northerly with the center of Lathrop street to the center of Livingston avenue; thence westerly — with the center line of Livingston avenue to the center of Sixth street; thence northerly with the center line of Sixth street to the center of Main street and place of beginning. Sec. 25. The Fifth Ward is described and bounded as follows, to-wit: Beginning at a point where the center line of the Scioto river intersects the center line of Mound street: thence northerly with the center line of the Scioto river to a point where the center line of State street intersects the same; thence easterly with the center line of State street to the center of Fourth street; thence southerly with the center line CH. 6| BOUNDARIES OF CITY AND WARDS. of Fourth street to the center of Court street; thence westerly with the center line of Court street to the center of Canal street; thence northerly with the center line of Canal street to the center of Mound street; thence westerly with the center line of Mound street to the center of the Scioto river and place of beginning. Src. 26. The Sixth Ward is described and bounded as follows, to-wit: Beginning at a point where the center line of Fourth street intersects the center line of Main street; thence northerly with the center line of Fourth street to the center line of State street; thence westerly with the center line of State street to the center of Third street; thence northerly with the center line of Third street to the center of Broad street; thence easterly with the center line of Broad street to the center of Washington avenue; thence southerly with the center line of Washington avenue to the center of Ward 6. Main street; thence westerly with the center line of Main street to the center of Fourth street and place of beginning. Src. 27. The Seventh Ward is described and bounded as follows, to-wit: Beginning at the intersection of the center line of Washington avenue with the center line of Main street; thence northerly with the center line of Washington avenue to the center of Oak street; thence easterly with the center line of Oak street to the center of Parsons avenue; thence northerly with the center line of Parsons avenue to the center of Broad street; thence easterly with the center line of Broad street to the center of Alum creek; thence southerly with the center line of Alum creek and following the meanders thereof to a point 200 feet south of the south line of Main street; thence westerly on a line parallel to and 200 feet distant south of the south line of Main street to a point 289 feet distant east from the center line of Kelton avenue; thence northerly on a line parallel to and 289 feet distant from the center line of Kelton avenue to the center of Main street; thence westerly with the center line of Main street to the center of Washing- ton avenue and place of beginning. Ward 7. 17 18 Ward 8. Ward 9. Ward 10. REVISED ORDINANCES. [cu 6 Src. 23. The Eighth Ward is described and bounded as follows, to-wit: B»eginning at a point where the center line of Twentieth street intersects the center line of Broad street ; thence northerly with the center line of Twentieth street to the north line of one half section No. 13 and. the north cor- poration line; thence easterly on the said north line of one-hal: sections Nos. 13, 14 and ‘5, said line being the north corporation line, to a point 180 feet distant east from the east line of Woodland avenue; thence southerly on a line 180 feet distant from and parallel to the east line of Woodland avenue toa line, which is the north line of the Barr tract, also the corporation line; thence easterly on said last men- tioned corporation line to the center of Alum creek; thence southerly with the center line of Alum creek to the center of Broad street ; thence westerly with the center line of Broad street to the center of Twentieth street and place of beginning. Src. 29. The Ninth Ward is described and bounded as follows, to-wit: Beginning at the intersection of the center line of Lexington avenue with the center line of Broad street ; thence northerly with the center line of Lexington avenue to the center line of Mt. Vernon avenue; thence easterly with the center line of Mt. Vernon avenue to the center of St, Clair avenue; thence northerly with the center line of St. Clair avenue to the north line of one-half section 13 and the north corporation line; thenceseasterly on said corporation line to the center of Twentieth street; thence southerly with the center line of Twentieth street to the center of Broad street ; thence westerly with the center line of Broad street to the center of Lexington avenue and place of beginning. Srec.3'. The Tenth Ward is described and bounded as follows, to-wit: Beginning at a point where the center of Grant avenue intersects the center line of Broad street; thence northerly with the center line of Grant avenue to the center of Naghten street; thence easterly with the center line of Naghten street to the center of Cleveland avenue; thence northerly with the center line of Cleveland avenue to the north corporation line; thence easterly with the north corpo- ration line to the center of St. Clair avenue; thence southerly with the center line of St. Clair avenue to the center of Mt. GH 6] BOUNDARIES OF CITY AND WARD9. Salary. Passed May 25, 1857. Duties. REVISED ORDINANCES. [cu 7 avenue; thence easterly with the north line of Chittenden avenue to the east corporation line; thence southerly with the east corporation line to the center of Fifth avenue; thence westerly with the center of Fifth avenue to the center of High street; thence northerly with the center of High street to the center of King avenue; thence westerly with the center of King avenue to the west bank of the Olentangy river and place of beginning. CHAPTER 7. CITY CLERK. SECTION. SECTION 40. Election of City Clerk. 42. Salary 41. Oath and bond. | 43. Duties. Sec. 40. On the third Monday in April, 1893, and bi- ennially thereafter, there shall be elected by the City Council from the qualified voters ot the city, a City Clerk, who shall hold his office for two years and until his successor is duly appointed and qualified. Sec. 41. Before entering upon the discharze of his duties, the City Clerk shall take an oath or affirmation to support the constitution of the United States, the constitu- tion of the State of Ohio, and to perform with fidelity the duties of his office, and shall give bond, with two or more sufficient sureties, to the satisfaction of the City Council, in the penal sum of five thousand dollars, conditioned for the faithful discharge of his official duties. Sec. 42. The City Clerk shall receive a salary of twenty- two hundred dollars per annum, which shall be payable monthly from the City Treasury. Src. 43. The City Clerk shall attend at the office pro- vided for him by the City Council, every day, Sundays and holidays excepted, from eight o’clock in the morning until twelve, and from two until four o'clock in the afternoon, and CH. 7 | CITY CLERK. at such other times as a faithful discharge of his duties shall require. He shall keep a regular and correct journal of the proceedings of the City Council; he shall have the custody of all the laws and ordinances of the city, and shall carefully record the same in proper books for that purpose, and see that all ordinances, resolutions, notices, and other matters requiring publication, are promptly and correctly published in the official paper or papers of the city, or such other papers as the Council may direct, and shall preserve, and have bound, from time to time, regular files of the newspaper con- taining the advertisements of the city. Heshall have charge of all books, papers and documents pertaining to his office, or ordered to be kept or filed therein, and shall carefully index, file and arrange the same for convenient reference. He shall furnish all transcripts, orders, and certificates, which may be properly required of him, and shall be entitled to charge for all attested certificates and transcripts, the same fees that are allowed by law to county officers for similar services; provided, that the same shall be furnished free of charge when ordered by the Council, or required by any Councilman, or city officer, in the prosecution of his official duties; and he shall promptly furnish every city officer with a true copy of any ordinance, resolution, or order, affecting, or in any way relating to the duties of such officer. He shall act as Clerk for the standing committees of Council when required so to do, and perform such other duties as are, or may hereafter be, required of him by law or by ordinance or order of the City Council. He shall cause to be published from year to year, in his annual report, the general ordinances of the city that are passed during the year covered by his report.: Passed Novem- ber 21, 1881. 26 REVISED ORDINANCES. [ CH. 8 Passed August 20, 1878, Member of Council may be expelled. Removal of municipal of- ficer or agent appointed by Council. Trial. CHAPTER 8. CITY COUNCIL. SECTION. SECTION. 44. Expulsion of members. 46. Conduct of trial. 45. Removal of municipal officer or 47. Compensation of Sergeant-at- agent. Arms. Sec. 44. A member of the City Council may be expelled from office and trom his seat in Council, by a vote of two- thirds of all the members elected, but not a second time for the same offense. Sec. 45. A municipal officer or agent appointed by the City Council, including the occupant of an elective office filled by appointment of Council to fill a vacancy in such office, may be removed from office at the pleasure of Council by a vote of a majority thereof. Sec. 46. In case of the removal from office of any mu- nicipal officer, elected by the people, or a member of the Council, charges shall be preferred in writing, setting forth definitely and distinctly the accusations against said munici- pal officer or member of the Council, and said officer or mem- ber shall be entitled to a trial before the council upon said charges, and in said trial said charges shall be first sustained by proof or testimony in open Council, and the accused shall then have an opportunity to introduce his defense. During the pendency of said trial in the Council, the proceedings shail be conducted according to the well established rules of law, an! either side may be represented by counsel. The Mayor of the city shall preside as Judge of said trial, and shall have full power to hear and determine all questions of evidence and law arising on said trial, unless of his own motion said Mayor shall submit the question in controversy to a vote of a majority of the Council], and the decision of cH. 9] : CONSTABLES. a the Mayor or the Council on any such intermediate questions shall be final, and from the final determination of said trial there shall be no appeal or writ of error to the courts. Sec. 47. : he compensation of the Sergeant-at Arms of hg ie il the Council for his services in attending said Council, is here- Mi : ompensation by fixed at two dollars and fifty cents for each session. or ree [ The compensation of the Page shall also be two dollars and fifty cents for each session } [For power, duties and authority of Council see An act to provide a more ef- fi ient government of cities of the ficst grade of the second class, passed March 8, 1893, Ohio Local Laws, vol. 90, p. 136. For salaries of members of Council see O. L. L., vol, 90, p. 167.] CHAPACE Re 9: CONSTABLES. SECTION. 48. Four Constables. Src. 48. There shall be four Constables elected and hold Joe are office within and for Montgomery township, Franklin county, Four Consta- Ohio. ere: REVISED ORDINANCE . IO Passed June 19, 1893. Head of de- partment. Duties. See also “Bonds,’’ chap- ter 4, Sections 9 to 18, inclu- sive. CHAPTER 10. DEPARTMENT OF ACCOUNTS SECTION. 49. 50 dl. 62. 53. 54. Director of Accounts. Duties of Director and reports to same. Warrant not to be issued till ap- proved by head of proper de- partment. Power to administer oath and to investigate claims. Ordinance for payment of claims. No money to be drawn without appropriation by Council. SECTION 55. 56. 57. 58 59 Auditing accounts of any office vacated. Annual and other reports. Other duties. Deputy and clerk:, and salaries and duties of same, Can prescribe rules and regula- tions for government of his department. [Ohio Local Laws, vol. 90, p. 126 ] Sec 49. The Depirtment of Accounts shall be under the charge of a director, who shall be known as the Director of Accounts, and who shall be the head of said department. Sec. 50. Itshall be the duty of the Director of Accounts to keep accurate accounts of all taxes and assessments, and of all moneys due to, and of all receipts and disbursements made by the city, or in its behalf, and of all appropriations made by the Council, and of all assets and liabilities of the city. He shall, at the end of each fiscal year, and oftener, if required by the Council, audit accounts of the several departments and officers, and shall audit all other accounts in which the city is concerned, and shall prescribe the form of accounts and reports to be rendered to his department and shall have the inspection thereof. Detailed reports shall be made by each department to the Director of Accounts, showing the re- ceipts of all moneys by such department and the disposition of the same. Such reports shall be made. at any time or times the Director of Accounts may designate. CH. 10] DEPARTMENT OF ACCOUNTS. Sec. 51. No warrant for the payment of any claim shall be issued by the Director of Accounts until such claim shall have been approved by the head of the department for which the indebtedness was incurred. Sec. 52. Whenever a claim shall be presented to the Director of Accounts he shall have power to require evidence that the amount claimed is justly due and is in conformity to law and ordinance, and for that purpose he may summon before him any officer, agent or employe of any department of the city, or any other person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer. Sec. 53, It shall be the duty of the Director of Accounts each week to prepare and report to the Council an ordinance in detail, providing for the payment of each and every claim and account of any and all kinds presented to him for pay- ment, and no warrant or order to the Treasurer for any such claim or account shall be drawn or issued by said Director of Accounts until alter action has been taken by said Council upon said ordinance in regard to the same. Provided further, that it shall not be necessary to incorporate in said ordinance claims for interest on the city debt, notes past due or moneys payable to the Trustees of the Sinking Fund. Sec. 54. No money shall be drawn from the Treasury except in pursuance of appropriations made by the Council, and whenever an appropriation is made by the Council the Clerk shall forthwith give notice thereof to the Director of Accounts and Treasurer. Sec. 55. He shall, upon the death, resignation, removal or expiration of the term of any officer, audit the accounts of such officer, and if such officer be found indebted to the city he shall immediately give notice thereof to the Council and the Corporation Counsel, and the latter shall proceed forthwith to collect the same. Sec. 56. He shall make to the Mayor annually, and to the Council whenever required, a report. of the accounts of the city, verified by his oath, exhibiting the revenues, re- ceipts, disbursements, assets and liabilities of the city, the sources from which the revenues and funds are derived and 29 Warrant not to be issued till properly ap- proved. Investigation of claim. Power to ad- minister oath. Claims, ordi- nance. No money to be drawn till appropriated. Audit ac- counts of office vacated. ’ Reports. REVISED ORDINANCES. [CH IO Other duties. Deputy Clerks, salaries. Duties. Government ot depart- ment. in what manner the same have been disbursed, which report shall be published as required by law or ordinance. Sec. 57. He shall perform such other duties as are pre- scribed by law or ordinance for Directors of Accounts or Comp- trollers in cities of the first grade of the secon class not in- consistent with the provisions of an act of the General As- sembly entitled ‘‘ An act to provide a more efficient govern- ment for cities of the first grade of the second class.” Src. 58. The Director of Accounts is hereby authorized to appoint a Deputy, who, in the absence or disability of said Director, may perform every and any duty of the Director of Accounts, except the appointment or removal of clerks or employes of said department, who shall receive a salary of twenty-two hundred dollars; one Chief Clerk, who shall re- ceive a salary of twelve hundred dollars per annum; one Clerk, who shall be a competent stenograpber, and who shall receive a salary of eight hundred dollars per annum. The said several officers and employes to be appointed and em- ployed under the provisions of this section shall aid and assist the Director of Accounts in the discharge of his official duties and render such service and discharge such duties as said Director may from time to time prescribe for them re- spectively. Sec. 59. The Director of Accounts is hereby authorized . to prescribe rules and regulations not inconsistent with law for the government of said department, the conduct of his officers and employes, the distribution and performance of the business of said department under his charge, and the custody, use and preservation of the books, records, papers and property pertaining to said department. CH, FI DEPARTMENT OF LAW. 31 Ti 002 liy I PY hE Dan SY Wd EE DP OOO sa nico ci PSE SSE CHAPTER: IY. DEPARTMENT OF LAW. SECTION. SECTION. 60. Head of department. 63. Attendance at Council meetings. 61. Duties of Director of Law. 64. Assistants and theirsalaries and 62. May prescribe rules and regu- duties, lations. [Ohio L. L., vol. 90, p. 186.] Src. 60. The Department of Law shall be under the Passed June : ‘ 26, 1893. charge of a Director, who shall be known as the Director of Ca ra Law of the city. partment. Src. 61. In addition to the duties devolving upon the puties of Di- Director of Law as member of the Board of Public Works of °°” said city, said Director shall be the legal adviser of and act as attorney and counsel for all the officers of said city in the matters relating to their official duties. He shall prepare all contracts, bonds and other instruments in writing, in which the city is concerned, and shall indorse on each his approval of the form and correctness thereof. It shall be the duty of said Director to institute, prosecute and defend all civil actions brought or to be brought in any court by or against the city or in which the rights, interests or acts of the city may in any way-be called in question or in any manner affected, and to perform such other professional acts incident to his office as the interests of the city may demand, or which shall be required of him, from time to time, by said Council, or incumbent upon him by the various provisions of law. Said Director of Law shall have all the powers and perform all the duties of the Prosecuting Attorney of the Police Court in said city and may detail and delegate one or more of his assistants, hereinafter authorized, to act as Prosecuting At- torney of the Police Court. Said Director shall be furnished 4 REVISED ORDINANCES. [ CH. II Government of department. At Council meetings. Assistants, salaries,duties. Prosecuting Attorney of Police Court. with suitable offices in the City Hall building wherein he shall keep regular daily office hours. 7 Sec. 62. The Director of Law may prescribe rules and regulations not inconsistent with law for the government of said Department of Law, the conduct of the officers and em- ployes therein, the distribution and performance of the business under his charge, the custody, use and preservation of the books, records, papers and property pertaining to said department. Sec. 63. It shall be the duty of said Director to attend the meetings of said Council, and he shall be entitled to take part in its proceedings and deliberations on all questions relating to his department, subject to such rules as the Council shall prescribe, but without the right to vote. Sec. 64. The appointment by said Director of the as- sistants and Clerk in said department, hereinafter mentioned, is hereby authorized and ratified, and the compensation of each thereof is hereby fixed as follows, to wit: A First Assistant Director of Law, who shall receive the sum of two thousand dollars per annum; a Second Assistant Director of Law, who shall receive the sum of fifteen hundred dollars per annum; a Third Assistant Director of Law, who may be detailed and delegated by said Director to act as Prosecuting Attorney to the Police Court, and who shall receive the sum of twelve hundred dollars per annum; a Clerk, who shall be a competent stenographer and who shall receive the tum of seven hundred dollars per annum. lHach of the said salaries shall be payable monthly, and each of said assistants and Clerk shall devote themselves faithfully to the performance of the duties that shall be assigned to them under the provisions of this ordi- nance and under the rules and regulations to be prescribed by said Director relating to them. CH. 12 | DEPARTMENT OF PUBLIC IMPROVEMENTS. Oo io) CHAPTER 12. DEPARTMENT OF PUBLIC IMPROVEMENTS. SECTION. 65, 66 and 67, Powers and duties of Director of Public Improvements: At the head of Water Works, and having charge, management and control of streets, public grounds, public buildings, parks, public work, lighting streets, civil engineering and waterways. 68. Deputy, his salary, bond and duties. [See An act to provide a more efficient government for cities of the first grade of the second class, passed March 8, 1893, O. L. L., vol. 90, p. 136.] Sec. 65. Except as otherwise provided by law, the Director of Public Improvements shall have the care, manage- ment and administration of the Water Works, shall fix the rate to be charged therefor and collect the same; shall have the care of streets, avenues, alleys, highways, public grounds, parks, and the opening, improving, repairing and cleaning of the same; shall have charge of the construction, protection and repair of public buildings, bridges and structures of every kind; of sewers, drainage and dredging; of making and preserving all surveys, maps, plans, drawings and estimates, relating to public work under the charge of said department, and all matters and things in any way relating to or affecting the highways, footways and waterways; provided, that noth- ing in this or succeeding sections or chapters shall be con- strued to affect in any manner the control, management or tenure of any land that may have been donated to such city for park purposes. Sec. 66. The Director of Public Improvements shall have the supervision and exclusive control of the lighting of streets, alleys, avenues and public places, and buildings of the corporation, and he is hereby fully authorized and em- powered to discharge all the duties that have been or may hereafter be imposed upon him as such Director by law. ~ Passed June 19, 1893. What included under Direct- or’s care, man- agement and adm inistra- tion. Not to affect lands donated for park pur- poses. Lighting. 34 REVISED ORDINANCES. [cH. 12 Fowers. Sec. 67. Except as otherwise provided by law, all the powers heretofore vested in and performed by the Trustees of the Water Works, Trustees of ‘cemeteries, Park Commis- sioners, Street Commissioners, Platting Commissioners and Civil Engineer, in cities of the first grade of the second class, shall be vested in and performed by the Director of Public Improvements, and all ordinances and sections pertaining to the matters, the administration of which is by law committed to the Department of Public Improvements, shall apply to said department and be enforced by the Director thereof, who is hereby clothed with police powers, as prescribed by law, for the purpose aforesaid. | Passed July 3, Src. 68. The Director of Public Improvements may 1893, 3 ‘ ; Lore pea appoint a Deputy, who shall discharge such duties and exer- duties, bond. cise such powers as are now or may hereafter be prescribed by law, and who shall also discharge the duties of Secretary and Treasurer ot the Water Works Department of said city. Such Deputy shall receive a salary of two thousand two hun- dred dollars per annum, which shall be in full compensation for his services as such Deputy and as such Secretary and Treasurer, and for the discharge of such additional duties as may be imposed upon him by the Director of Public Improve- ments. He shall, as such Deputy and as such Secretary and Treasurer, before entering upon the discharge of the duties of his office, give bond, conditioned according to law and to be approved by the Mayor, in the sum of twenty-five thousand dollars. | CH 13 | DEPARTMENT OF PUBLIC IMPROVEMENTS. CHAPTER 13. DEPARTMENT OF PUBLIC IMPROVEMENTS. SUBDIVISION 1~WATER WORKS. SECTION. 69. Superintendent of Water Works, other oflicers, employes, salaries and bonds. {see O. L. L., vol. 90, p. 136; also - ections 2409 to 2435, R. S. | Src. 69. There shall be in the office of the Department of Public Improvements, to be appointed by the Director thereof, for the proper administration of the first subdivision sof the department, which shall embrace the care and manage- ment of the Water Works of said city, and all property con- nected therewith, the supply and distribution of the water and the collection of water rents, one Superintendent of Water Works, who shall receive a salary of three thousand dollars per annum; one Assistant Superintendent of Water Works, who shall receive a salary of twelve hundred dollars per annum; one Assistant Secretary, who shall receive a salary of twelve hundred dollars per annum; one book- keeper, who shall receive a salary of twelve hundred dollars per annum; two clerks, who shall receive each a salary of ten hundred dollars per annum; one time-keeper, who shall receive a salary of seven hundred and twenty dollars per annum; one collector, who shall receive a salary of seven hundred and twenty dollars per annum; one Chief Inspector, who shall receive a salary of ten hundred dollars per annum; two assistant inspectors, who shall receive each a salary of seven hundred and twenty dollars per annum; one meter in- spector, who shall receive a salary of nine hundred dollars per annum; two assistant meter inspectors, who shall each receive a salary of six hundred and sixty dollars per annum; one hydrant inspector, who shall receive a salary of nine Pa:sed July 3, 1893. Superintend- ent, Assistant Superintend- ent, other officers. See Section 68, 6 REVISED ORDINANCES. [cH. 13 oo — — hundred dollars per annum; two assistant hydrant inspew- ors, who shall each receive a salary of five hundred and -forty dollars per annum; one tapper, who shall receive a salary of nine hundred dollars per annum; one assistant tapper, who shall receive a salary of six hundred dollars per annum; one night watchman, who shall receive one dollar and a half per day; one stable boss, who shall receive two dollars per day; one astistant stable boss, who shall receive one dollar and seventy-five cents per day; one store-keeper, who shall receive two dollars per day; six engineers, who shall each receive a salary of one hundred dollars per month; six firemen, who shall each receive two dollars per day; four engine wipers, who shall each receive two dollars per day; one blacksmith, who shall receive two dollars and fitty cents per day; one helper, who shall receive one dollar and seventy- five cents per day; one machinist, who shall rec-ive two dol- lars and seventy-five cents per day, and such mechanics, assistants and laborers, whose services may be found neces- sary in the administration of the affairs of this subdivision Mechanics. as- of the Department of Public Improvements, who shall each laborers, be paid from one dollar and fifty cents to two dollars and a half per day; provided, that the appointment of such me- chanics, assistants and laborers, and the compensation to be received by each, shall be reported to the Council at the next session after such appointment. The several officers and employes to be appointed and employed under the provisions of this section, except those employed by the day, shall, before entering upon the dis- charge of their several duties, give bond, conditioned accord- ing to law and to be approved by the Mayor, each in the sum of one thousand dollars; provided, that the bond of the Superintendent of Water Works shall be in the sum of five thousand dollars, and the bonds of the Assistant Superin- tendent of Water Works, two thousand dollars, the As- sistant Secretary, ten thousand dollars, and book-keeper in the sum of five tiousand dollars. The several officers and employes designated in this section shall discharge such duties as shall from time to time be prescribed for them respectively by the Director of Public Improvements. Bonds. Duties. CH. 14| DEPARTMENT OF PUBLIC IMPROVEMENTS. CHAPTER 14. DEPARTMENT OF PUBLIC IMPROVEMENTS. SUBDIVISION 2—REPAIRING, CLEANING AND LIGHTING STREETS AND PUBLIC GROUNDS. SECTION, 70. Superintendent of streets, and ass stants and their salaries; Superintend- ent of parks, and his salary, duties and bonds; employment of laborers, assistants and mechanics. Src. 70. There shall bein the Department of Public Im- provements, to be appointed by tke Director thereof, for the proper administration of the second subdivision of said de- partment, which shall embrace the repairing, cleaning and liyhting of the streets, avenues, alleys, highways and public grounds, and the cleaning of catch-basins, one Superintend- ent of streets, who shall be the chief officer of said subdivi- sion, who shall receive a salary of one thousand five hundred dollars per annum; one Assistant Superintendent of lighting and cleaning streets and cleaning catch-basins, who shall re- ceive a salary of one thousand dollars per annum; one As- sistant Superintendent of ca'ch-basins, who shall receive a salary of nine hundred dollars per annum; one Superintend- ent of parks, who shall receive a salary of one thousand dol- lars perannum. ‘The several officers and employes to be ap- .pointed and employed under the provisions of this section are hereby clothed with police powers as prescribed by law, and they shall cause the ordinances of said city to be en- forced, in so far as the same relate to the repairing, cleaning and lighting of the streets, avenues, alleys, highways and public grounds, and cleaning of catch-basins, committed to their charge, and the abatement of nuisanc+s therein, and shall perform such other duties under the Director of Public Improvements, as the said Director shall, from time to time, 37 Passed June 19, 1893. Superintend- ent of streets. Assistants. Salaries. Superintend- ent of parks. — Laborers, as- sistants and mechanics. Passed June 19, 1893. What division embraces. REVISED ORDINANCES. [CH. 15 prescribe for them respectively. They shall each, before en- tering upon the discharge of their several duties, take an oath of office and give bond, conditioned according to law and to be approved by the Mayor, in the sum of one thousand dol- lars. And the said Director of Public Improvements is hereby further authorized and empowered for the discharge of duties, relative to repairing, cleaning or sprinkling streets, avenues, alleys and public grounds, imposed upon bim by law, as such Director, jointly with the Board of Public Works of said city. He may also employ, from time to time, by the day or month, such number of laborers, assistants and mechanics, as may be required for the proper administration of said second subdivision of his department, subject to the approval of the City Council. CHAPTER 15. DEPARTMENT OF PUBLIC IMPROVEMENTS. SUBDIVISION 3—PUBLIC IMPROVEMENTS, STREETS, SEWERS, PUBLIC: BUILDINGS AND GROUNDs. SECTION. SECTION. 71. Chief Engineer and Assistant 75. Duties of Engineer. Engineers. and their salaries; 76. Surveys of streets. office division and salaries; 77. Plans and estimates of public clerical division and salar.es; works.. janitors and Engineer of City 78 Sewer permits. Hall building; mechanics and 79. Annual reports. laborers. 80. Unlawful to interfere with En- 72. Bonds. gineer, . 73, Permanent landmarks. 81. Not to be interested in con- 74. Standard base of levels. tracts. Sec. 71. There shall be in the Department of Public Improvements, to be appointed by the Director thereof, for the proper administration of the third subdivision of said de- partment, which shall embrace the opening, improving of the streets, avenues, alleys, highways and public grounds, -CH. 15 | DEPARTMENT OF PUBLIC IMPROVEMENTS the construction, protection, repairing of public buildings, bridges, viaduct, sewers and structures of every kind under the administration o! this department, of making and pre- serving all surveys, maps, plans «nd drawings and estimates relating to the public work under the charge of said depart- ment, and of all matters and things relating to or affecting the highways and footways, achief officer of said subdivision, to be called the Chiet Engineer, who shall receive a salary of three thousand dollars per annum ; one First Assistant Engi- neer, who shall receive a salary. of one thousand five hundred dollars per annum; one Second Assistant Engineer, who shall receive a salary of one thousand two hundred dollars per annum. In the divisions of sewers there shall be for Sewer District Nos, | and 2 one Engineer, who shall receive a salary of twelve hundred dollars per annum; one transit-man, who shall receive a salary of nine hundred dollars per annum; one rod-man, who shall receive a salary of six hundred dollars perannum. For Sewer District No. 3 there shall be one Engi- neer, who shall receive a salary of one thousand two hundred dollars per annum ; one transit-man, who shall receive a salary of nine hundred dollars per annum, and one rod-man, who shall receive a salary of six hundred dollars per annum ; also one catch-basin, tap and sewer inspector, who shall re- ceive a salarv of nine hundred dollars per annum. For the division of highways there shall be two engineers, who shall each receive a salary of one thousand two hundred dollars per annum; two transit-men, who shall each receive a salary of seven hundred and twenty dollars per annum; three rod-men, who shall each receive a salary of six hundred dollars per annum. For the office division there shall be one chief draftsman, who shall receive a salary of fifteen hundred dollars per an- num, and one assistant draftsman, who shall receive a salary of nine hundred and sixty dollars per annum. For the clerical division there shall be one Chief Clerk, who shall receive a salary of fifteen hundred dollars per an- num; one Assistant Clerk, who shall receive a salary of seven Chief Engi- neer. Assistant En- gineer. Office division. Clerical divi- sion. Janitors of City Hall. Engineer of City Hall. Mechanics. Bonds. Passed July 13, 1832. Permanent landmarks. Passed Novem- ber 16, 1857. Establishing a standard base of levels. REVISED ORDINANCES. [CH. 15 hundred and twenty dollars per annum, and one Assistant Clerk, who shall receive a salary of four hundred and eighty dollars per annum. There shall also be in the said Department of Public Im- provements one janitor of the City Hall building, who shall receive a salary of sixty dollars per month; one assistant janitor, who shall also discharge the duties of messenger, who shall receive a salary of fifty-five dollars per month; one as- sistant janitor, who shall receive a salary of forty-five dollars per month, and one Engineer City Hall building, who shall receive a salary of sixty dollars per month. And the said Director of Public Improvements is hereby authorized to em- ploy, from time to time, by the day or month, such mechan- ics or other persons as the public interests may require for the proper administration of the affairs of the said depart- ment, at such rate of compensation per day or month as may be allowed by the Council Sec. 72. Each of the officers and employes in the third subdivision of the Department of Public Improvements shall, before entering upon the discharge of his duties, give bond, conditioned according to law and to the acceptance of the Mayor, inthe sum of one thousand doliars, except that the bond of the Chief Engineer shall be in the sum of five thousand dollars, and the bonds of the First Assistant and Second Assistant Engineers shall each be in the sum of three thousand dollars, except that no person receiving less than one hundred and twenty-five dollars per month shall be required to give bond unless specially so directed by the Director. Src. 73, Permanent stones sunk in the ground in the center of Front street, High street and Third street, where the center of each cross street passes over them, shall be the guide in the surveys of town lots, streets and alleys. Sec. 74, A plane one hundred feet below the top of the base of the State House at the northeast corner thereof, shall be assumed and taken as the standard zero or plane of refer- ence for all grades of streets, alleys and public grounds, and other levels and grades taken in this city, and whenever the height of any level, grade or point shall be designated, the same shall be held and construed as referring to the said Ao 15 | DEPARTMENT OF PUBLIC IMPROVEMENTS. standard plane of reference, unless some other standard be specifically referred to. Sro. 75. The Chief Engineer shall have charge of all the engineering and surveying instruments belonging to the city, and of all public maps, charts, drafts, plans, profiles, sur- veys, books and papers pertaining to his office, and shall cause the same to be correctly recorded in suitable books pro- vided at the expense of the city, which, together with the field notes of all surveys, shall be carefully preserved in the Engineer’s office as the property of the city. Src. 76. The Chief Engineer*shall make surveys of all the streets, sidewalks, alleys, lanes, market spaces, public grounds, sewers and drains of the city, calculate and ascertain the grade lines and levels thereof, and execute and record such plans, charts, profiles, drafts, estimates and calcula- tions as shall be necessary for a compiete record and history thereof, and of the changes and improvements made therein from time to time, and in making such survey the Chief Engineer shall be guided and governed, so far as practicable, by the stones set in the earth under the provisions of Sec- tion 73. Sec. 77. He shall make such surveys, plans, drafts and estimates of the public works and improvements as may be required of him for prosecuting or defending any action in which the city is interested, and shall superintend all public works and improvements and see that the same are properly made. Sec. 78. The Chief Engineer shall report all intrusions over the line of any street, alley or public ground by build- ings, fences or otherwise, which shall come to his knowledge, and it shall be his duty to take cognizance of new buildings being erected on the line of any street, alley or public ground, and ascertain whether or not such building or buildings do encroach upon any of said streets, alleys or public grounds, and in all cases of such encroachment he shall immediately report the same to the City Council. He shall have authority to grant written permits for tapping or interseciing sewers or drains, and shall, in all cases, see that the same be done in a proper manner and in accordance with the ordinances of the Passed June 30, 1882. Duties of Chief Engineer. Surveys of streets. Plans and esti- mates of pub- lic works. Sewer permits 42 REVISED ORDINANCES. [ CH. 15 city regulating the same. He may make surveys and plats of private property upon such terms as may be agreed upon by the owners; provided, it does not interfere with his official duties, and shall give correct copies of any surveys, plats and records in his office, upon receiving the usual tees for such services. Annual report. Sec. 79. It shall be the duty of the Civil Engineer to report annually to the City Council, which report shall give a detailed statement of all city improvements for the current year done under his directaon or supervision, showing the cost of such improvemenf and the amount paid by the city, and the amount assessed upon the abutting property, together with a detailed statement of all the business of his office and expenses of his department, and such other matters in the way of suggestions or recommendations as to /uture improve- ments he may deem proper. Grilawtal to Sec. 80. Any person who shall in any way wilfully interfere with . ‘ : : : . Engineeror interrupt, molest or interiere with the Chief Engineer or his landmarks. assistants while in the performance of their official duties, or who shall wilfully move or derange any stake or landmark fixed by them or either of them, shall, upon conviction thereof, be fined not more than fifty dollars, or be imprisoned not more than ten days, or both. WO tS HEIN. Src. 81. The Chief Engineer, or his assistants, shall not, terested in : : . contracts. in any way, be interested in the profits or payments on any contract, job or work to be performed by or for the city or under its directions. CH. 16, 17] DEPARTMENT OF PUBLIC SAFETY 4 CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY. SECTION. ’ 82. Secretary of Director of Public Safety. . {For statutory authority, powers and duties of Director of Public Safety, see An act to providea more efficient government of cities of the first grade of the second class, passed March 8, 1893, O. L. L., vol. 90, p. 186; Sections 1998 to 2022, in- clusive, Sections 2116, 2118 to 2148, inclusive, 1491, 1494, 1495, 1496, 974, 975, 1624, R.8., Section 1623, R.S.,as amended April 28, 1890, O. L., vol. &7, p. 370 ] Sec. 82. The Director of Public Safety may appoint a Passed April F 7 10, 1893. Secretary, who shall receive a salary of twelve hundred dol- lars per annum. | ard CHAPTER 17. DEPARTMENT OF PUBLIC SAFETY. DIVISION 1—POLICE. SECTION. SECTION. 83. Director of Public Safety head of 87. Appointments and promotions. department. 88. Appointments on probation, dis- 84. Police force and all property con- charges and additional appoint- nected therewith under admin- ments in emergency, with con- istration cf this department. sent of Mayor. 85. Powers and duties of Director. 89. Detail for detective duty. 86. Superintendent of Police, police force, officers, salaries and bonds. Sec. 83. The Department of Police shall be under the pyscog Aga charge of a Director, as provided by law, who shall be known ‘® 18%: as the Director of Public Safety, and who shall be the head of aA ep the department. 44 REVISED ORDINANCES. OH 7 Police force and property. Powers of Di- rector. Superintend- ent of police. Police force and salaries. Src. 84. The police force of the city, the officers, em- ployes and property connected therewith, the police tele- graphs, telephones and signals, shall be under the adminis- tration of the Department of Public Safety. Src. 85. Except as otherwise provided by law, all the powers and duties heretofore by ordinance vested in and im- posed upon the Board of Police Commissioners and the Board of Health of said city, and not inconsistent with the provi- sions of the law establishing said department as herein organ- ized, shall be and the same are hereby vested in and imposed upon the Director of Public Safety; and all ordinances and sections pertaining to the matters, the administration of which is by law committed to the said Department of Public Safety, in so far as the same are not inconsistent with law, shall apply to said department, and shall be carried into effect in the administration of the same by the Director ‘thereof, who for the purpose of such enforcement is hereby clothed with police powers, as prescribed by law. Sec. 86. The police force, as now constituted by law and to be appointed by the Director of Public Safety in pur- suance of the provisions thereof, shall consist of one Super- intendent, who shall receive a salary of two thousand dollars per annum; one Assistant Superintendent, who shall receive a salary of one thousand five hundred dollars per annum; six Sergeants, who shall each receive a salary of one thousand and eighty dollars per annum; seventy-three patrolmen, who shall each receive a salary of nine hundred dollars per annum; fifteen sub-patrolmen, who shall each receive a salary at the rate of sixty-five dollars per month for the time during which they are on duty; three telephone operators, who shall each receive a salary of seven hundred and twenty dollars per annum ; one matron, who shall receive a salary of six hundred dollars per annum; two turnkeys, who shall each receive a salary of nine hundred dollars per annum; two engineers, who shall each receive a salary of nine hun- dred dollars per annum ; two janitors, who shall each receive a salary of six hundred dollars per annum; provided, how- ever, that as vacancies occur in said force, from any cause whatever, the Director of said department shall fill only such CH. 17 | DEPARTMENT OF PUBLIC SAFETY. 45 ee ee eet number thereof as, in his judgment, the public interests may from time to time require. The several officers and patrol- men to be appointed under the provisions of this section shall each, before entering upon the discharge of their several ‘duties, take oath of office, as required by law, and give bond for the faithful performance thereof, conditioned according to law, and tobe approved by the Director of Public Safety, in the sum of one thousand dollars; provided, that the bond of the said Superintendent and Assistant Superintendent shall each be in the sum of five thousand dollars. Src. 87. The'appointment and promotion of all officers, detectives and patrolmen, in the said police force, as provided in the preceding section, shall hereafter be made in strict ac- cordance with law, and pursuant to rules and regulations for the ascerta nment, by systematic, open and competitive ex- amination, of the comparative fitness ot all applicants for ap- pointment or promotion therein, which rules and regulations it shall be the duty of the Mayor and the Director of Public Safety to prescribe and submit to the Council, as provided by law, within sixty days after the second Monday of April, 1893, and when approved by the Council, the same shall be promulgated and enforced as the permanent rules and regu- lations of said department by the Director thereof, and shall only be changed in the manner herein provided for their adoption. Sec. 88. The Director of Public Safety may, at his dis- cretion, appoint any such patrolman on probation and dis- charge any patrolman thus appointed within six months of the date of his appointment; provided, that if demanded by the patrolman so discharged, the cause of his discharge shall be assigned to him in writing by the Director. He may, in case of emergency, by and with the consent of the Mayor, appoint such number of special patrolmen as may be deemed necessary, which appointments shall be recorded and be sub- ject to the action of the Council at its next meeting; and during their service such special appointees shall possess the powers to perform the duties of regular patrolmen, who shall each receive a salary of sixty-five dollars per month for the Appointments and promo- tions. Rules and reg- ulations. On probation. Appointment in emergency REVISED ORDINANCES. [cu. 18 Detail for de- tective duty. May be reas- signed to duty in ranks. Passed April 10, 1893. [For preven- tion of fires see Chapter 23.] Head of de- partment. [Bee Chapter 24, fire limits ] What is under this division. time during which they are on duty for a period not exceed- ing five days, unless authorized by law or ordinance. Src. 89. The Director may detail such officers or mem- bers of the police force for special detective duty as he may think the public interests require, and the persons so detailed, who shall each receive a salary of ninety dollars per month for the time so detailed, may at any time be reassigned by the Director to the duty in the rank from which they were detailed. CHAPTER 18. VEPARTM: NT OF PUBLIC SAFETY. DIVISION 2—FIRE DEPARTMENT. SECTION. : SECTION. 90, Sirector of Pub ic Safety head of 95. Bond and oath of Superintend- department. ent. ‘91, Fire foree and all matters relat- 96.. Superintendent to have general iug to fire service under the care of department. Director. 97. To have control of fire appa- 92. Allthe powers over this depart- ratus at all fires. ment, formerly in the Board of 98. Measures he may take to sub- Public Works, vested in the Di- due fire and protect property. rector,and all ordinances relat- 99. To examine all buildings. ing to same to re enforced by 100. To give notice of dangerous Director walls. 93. Superiptendent and fire force, 101. Building regulations. and salaries. - 102. Unlawful to injure fire appa- 94. Appointments pursuant to rules ratus or property. and regu'ations. Src. 90. The fire department of the city shall be under the charge of the Director of Public Safety as provided by law, who shall be the head of said department. Src. 91. The fire force of said city, the officers, employes and property connected therewith, the fire telegraph, signals and fire alarms and all matters relating to the fire service shall be under the management, control and administration of this department. CH. 18] DEPARTMENT OF PUBLIC SAFETY. 47 Powers of Di- ctor. Sec. 92. Except as otherwise provided by law, the fowe powers and duties heretofore vested in andimp’ sed upon the Board of Public Works of said city, and not inconsistent with the provisions of the law establishing said department, as herein organized, shall be and the same are hereby vested in and imposed upon the Director ot Public Safety ; and all or- dinances pertainiog to the mittcrs, the administration ol which is by law committed to the said department cf fire, in so far asthe same are not inconsistent with law, shall apply to said department and shall’ be enforced and carried into effect in the administration of the same by the Director of Public Safety. Src. 98. The fire force of said city,as now constituted and to beappointed by the Director of Public Safety in pur- suance of the provisions of law, shall consist of one Superin- tendent, who sball receive a salary of two thousand dollars per annum ; one Agsistant Supe intendent, who shall receive a salary of one thousand two hundred dollars per annum; one Superintendent of fire alarm telezraphs, who shall receive - a salary of one thousand two hundred dollars per annum; one Superintendent of machintry, who shall receive a salary of one thousand two hundred dollars per annum; three fire alarm telegraplti operators, who shall each receive a salary of Superintend- ent and force, with salaries. see also Cha p- ter 19, Section 104. three hundred and sixty collars per annum; fourteen cap- ’ tains, who shall each receive a salary of one thousand and twenty dollars per annum ; fourteen lieutenants, who shall each receive a salary of nine hundred and sixty dollars per | annum; nine engineers, who shall each receive a salary of one thousand and twenty dollars per annum; nine assistant engineers, who shall each receive a salary of nine hundred dollars per annum ; fifty-five firemen, who shall each receive a salary of seven hundred and twenty dollars per annum for the first year of their service in the fire department, and nine hundred dollars per annum thereafter. [Sxc. 93a. The Direc'or of Public Safety is hereby au- thorized to employ not to exceed four additional men for the ~ o Appointments. Competitive examination. Rules and reg- ulations. No removals except for cause. Passed May 8, 1871, and a amended June 8, 1874. Bond and oath of Superin- tendent of fire department. To have gen- eral care and supervision. REVISED ORDINANCES. [cu. 18 fire department, for the purpose of manning the water tower. Passed June 4, 1894. | Src. 94. Exceptin cases of emergency the appointment of all officers and members of the said fire force, as provided in the last preceding section, shal]l hereafter be made in strict conformity to law, and pursuant to rules and regulations for - the ascertainment, by systematic, open and competitive exam- ination, of the comparative fitness of all applicants for ap- pointment or promotion therein, which said rules and regu- lations it shall be the duty of the Mayor and the Director of Public Safety to prescribe and submit to the Council for ap- proval, as provided by law, within sixty days after the second Monday of April, 1893, and when approved by the Council, the same shall be promulgated and enforced as the perma- nent rules of said department by the Director thereof, and shall not thereafter be changed otherwise than in the manner prescribed by law; provided, that no officer or member of said fire force shall be appointed until such rules and regula- tions have been promulgated, except to fill vacancies caused © by death or resignation ; and no officer or member of said fire force shall be removed therefrom or reduced in rank therein, except for cause, as provided by law. Src. 95. The Superintendent of the fire department shall, before entering upon the duties of his office, take an oath or affirmation t» support the constitution of the United- States and the State of Ohio, and also an oath or affirmation of office, and shall:also execute a bond to the City of Colum- bus in the sum of five thousand dollars. Src. 96. The Superintendent shall have general care and supervision over the department, and all the engines, hose, apparatus, buildings, cisterns and wells, employes and companies belonging thereto, and shall visit the different engine houses not less than twice during the day and night, making careful inspection of all the apparatus and hose, all of which he shall have run off, dried and inspected as often as he may deem necessary, and he shall, as often as once a CH. 18] DEPARTMENT OF PUBLIC SAFETY. AQ week, make a personal inspection of each and every cistern and well belonging to the city, to the building and repairs of which he shall give his personal services, and he shall devote his entire time to the interests of said department. He shall see that all ordinances for the government thereof be strictly enforced and obeyed, and that all the companies are properly reguldted and disciplined. He shall examine into the con- dition of all the engines, hose and other machines and ap- paratus, the engine houses and buildings connected there- with, and the public cisterns, and shall see that the same are at all times in good order and repair, and ready for use, and shall at the first regular meeting of each month of the City Council, report the condition of the fire department, with such recommendations as he shall deem proper, and at the end of the year make an annual report. Sec. 97. At all fires the Superintendent shall have the Bere apart sole control and command over all the engines, hose and ‘**!#!! Stes: other fire apparatus, and of employes of the department and companies attached thereto, and shall give such orders and adopt such measures as he shall deem necessary for the ex- tinguishment of the fire, protection of persons and property, and the preservation of order; for which purpose he shall have all the powers of a city police officer, and may arrest or cause to be arrested any person acting in a riotous or dis- orderly manner. He shall arrest any member or employe of the fire department who shall refuse to obey hisorders. The city police, while ata fire, shall, subject to the orders of the Superintendent of Police, obey his commands. Src. 98. Upon the breaking out of a fire in the city, it shall be the duty of the Superintendent immediately to repair to the place of the fire, having some badge of his office, and take charge of and arrange the several engines, hose and other fire apparatus in such manner as he may deem most eet te } : due fi advantageous for the speedy extinguishment of the same and ana protect 4 : ame property. the protection of adjoining property. He may call upon all ise sisd Ohap: f er 25, Tes, members of the fire department, and upon bystanders, if neater tie tinea} 50 REVISED ORDINANCE%. [cu. 18 necessary, to assist in extinguishing the fire, to remove goods and property, and to perform such other services as he may deem necessary for subduing said fire and protecting property. He may appoint guards to protect goods removed, and other property, and to keep the streets adjoining the fire from being crowded, obstructed or occupied by any of the bystanders; for which purpose he may call upon the city police to assist him, and shall take such measures as he may deem necessary for the safety of persons and property, and it shall be the duty of the firemen and other persons connected with the fire department to obey at once all the orders and instructions of the Superintendent under penalty of immediate dismissal. Sec. 99. It shall be the duty of the Superintendent to_ Toexemineall examine all: buildings whenever he may deem it necessary, and cause to be removed all stove pipes, or other defective flues, whereby fire is likely to occur. Sec. 100. If any wall or building shall, from any cause whatever, be in a situation to be dangerous to persons or h ll . ° . . . . Bball siyer= Sy property, the Superintendent shall immediately give notice gerous walls. in writing to the owner or owners of such wall or building, or to the agent, to cause the same to be taken down, and if the same shall not be taken down in twelve hours after such notice is given, the Chief Engineer shall cause the same to be promptly taken down at the expense of the owner or owners, the same to be recovered in an action in the name of the city, and said claims to be a lien upon the lot upon which said walls or building stood. Building regu- Sec. 101. It ee not be gn ee ee ‘any Reon or (See In po. 164, All intoxicated persons and vagrants, and all loud, noisy and disorderly persons and vagrants, shall be re- moved from the market spaces; nor shall the smoking of tobacco be allowed therein during market hours Src. 165. No person shall sell or give away any wines or other spirituous or fermented liquors in the markets. Src. 166. No person shall set up or keep any table or board in the markets for the purpose of providing eating or drinking about the same, except that in the north market house one stall or two adjoining stalls shall be designated and set apart by the Superintendent of the Markets to be rented and used tor a restaurant, and no person shall sell or offer for sale in the markets any groceries, merchandise or manu- factured articles other than meat, produce provisions, bread, pies, cakes and fruits, or the products thereof, and no person shall sell or offer for sale in the markets any meat, provisions, bread, pies or cakes, except at one of the regularly numbered stands or stalls of the market houses. Src. 167. No person shall, during market hours, address or collect together, in any part of the market spaces occupied for market purposes, any crowd or public meeting, nor make any rude or boisterous and unseemly noise or any other dis- turbance, or use any obscene or profane language therein. Src. 168. No person shall bring, or suffer to come with him into the markets, any dog, bitch or whelp, or any unruly or dangerous animal. Src. 169. No person shall expose or offer for sale in the market spaces, by pub.ic auction or outcry, or shall drive or ride, for the purpose of selling during market hours, any horse, mare, mule or jack, nor tether, tie, or otherwise confine Market spaces to be cleaned. Intoxicated persons to be removed. Liquors not to be soldin markets. As amended November 19, 1883. Location for selling bread or pastry. Crowds not to collect during market hours. Dogs. Auction. 7O KEVISED ORDINANCES. [ CH. 20 AS passed August 14, 1893. Unwholesome meat not to be sold. Regulations for buying and selling. Measures. any live calf or sheep, and suffer the same to remain in that condition in or about the market spaces. Sxc..170. No person shall sell or offer or expose for sale in the public markets or elsewhere in the city the meat of any calf which was less than four weeks old when killed, or that, when dressed, shall weigh less than sixty pounds, nor any unwholesome meat, fish, provisions or vegetables, nor the flesh of any animal that was sick, starved, overheated, run down by dogs or otherwise at or before the time of its being killed, or which died a natural death, or in any other manner than the usual mode of killing animals for food; nor shall any person sell or offer or expose for sale in the market or el-ewhere in the city any unsouns, putrid, stale, blown, plated, raised or measly meat, poultry or fish, or other article of pro- vision, nor any wilted, stale, decayed or fermented vegetables, fruit, or other garden or farm products, nor the flesh of any bull, boar, ram, dog, cat, rat or other unclean animal; and it shall be the duty of the Meat Inspector of said city to seize and destroy any of the above enumerated articles which shall at any time be brought to the market for sale. Sec. 171. No person shall, by agent or otherwise, buy or receive, or engage, or promise to buy or receive any article or any part of any article whatsoever, on its way to and in- tended for any public market, after such article shall have arrived within the market spaces, until a‘ter the opening of the market; and no person shall sell or offer, or expose for sale, in any public market, any article whatsoever, purchased by such person at any place while on their way to and in- tended for any public market. No person shall, during market hours, by agent or otherwise, buy or receive, or en- gage, promise or propose to buy, accept or receive, or negoti- ate in any way, for buying, accepting or receiving any article, or any part or portion of any article brought, or thereafter brought to any public market, except the same be for his own private or family use, and not for the purpose of selling, ex- porting, distilling, brewing or grinding. ‘Sec. 172. Butter, lard and honey shall be sold by avoirdupois weight; and all fruit and grain and vegetables Oi i 20 | DEPARTMENT OF PUBLIC SAFETY 71 usually sold by measure shall besold by dry measure; and no person shall use any device, fraud, deceit, imposition or mis« representation in selling or attempting to sell any article. There shall be kept in the office of the Superintendent of Markets standard scales, weights and measures, duly sealed by the Sealer of Weights and Measures, to be used for testing all scales, weights and measures used in the markets, and the weight of any article offered for sale, and for no other purpose. All renters of stalls and stands shall sell by scales, weights and measures duly tested. Any article sold or offered for sale in the markets, by weight or measure, may be tested at any time by the Superintendent of Markets, and all arti- cles offered or exposed for sale in the markets, of a false weight or measure or of less weight and measure than represented to be, shall forthwith be seized by the Superintendent of Markets and sold at public auction to the highest bidder, and the pro- ceeds be paid into the City Treasury. _ Sec. 173 The numbered apartments inside the market houses shall be known and designated as “stalls,” and the numbered spaces under the outside projections of the market houses, as “stands ;” and the Superintendent of Markets shall appraise all the stands and stalls of the market houses for renting, designating the parts of the market houses where different articles of marketing shall, on the first Saturday in December, or within one week thereafter, in each year, at the same time designating the parts of the market houses where different articles of marketing shall be sold, all of which shall be entered upon the books of the Superintendent of Markets, and on the last Saturday of December in each year, the Superintendent of Markets, having given at least ten days’ notice thereof by posting bills in four or more con- spicuous places in the market houses, shall offer the stands and. stalls for sale at pubiic auction in the market houses, to the highest responsible bidder above the appraisal, for the ' term of one year, beginning with the first day of January ; provided that all persons now occupying stands or stalls who [3ee also Chap- ter 22, Sealer of Weights and measures. | As amended November 19, 1883. Stalls and stands. 72 REVISED OKDINANCES. [CH. 20 are not in arrears for rent, and all persons that shall hereafter have occupied any stand or stall for the period of one year without default in payment of rent, or violation of market ordinances and regulations, shall be permitted to bid off the same at the appraised value; but nothing herein con- tained shall be so construed as to prevent the sale or auction of any stand or stall not being used for the sale of meat or produce, to the highest bidder above the appraised value, who will use the same exclusively for the sale of meat or produce. pemendee, Src. 174. The Superintendent of Markets shall execute NOV & y 1883. leases to the several purchasers of stands and stalls, and shall heases of stalls keep a correct record thereof in suitable books, showing when, to whom, and for what rent each stand and stall was sold ; and all lessees shall pay their rent and obtain their leases be ore occupying the stands or stalls thereunder, and every stand or stall for which the quarterly r-nt shall not be paid on or before the first market day in each quarter, shall be deemed forfeited to the city and shall be forthwith rented again by the Super- Reversionin intendent of Markets as hereinafter provided. Upon the case of death. death of the lessee of any stand or stall, the same shall, by that event, revert to the city, and the proportion of the rent for the unexpired part of the term shall be refunded to the proper representative of the decedent, and this provision shall be held and deemed a condition in all leases, whether specified or not ; and any lessee who shall fail, without sufficient cause,. to supply his stand or stall with the articles of marketing, for which the same was rented, for six consecutive markets, may be deemed to have forfeited the same to the city, at the dis- cretion of the Superintendent of Markets, as hereinafter pro- vided. All stands and stalls not sold at any auction, or that may revert or become forfeited to the city, shall be rented by the Superintendent of Markets, by the month, week or day, at such prices as may be determined upon by the Superin- tendent of Markets, the rent in all cases to be paid in advance, and the Superintendent of Markets shall keep an accurate account thereof, showing when, to whom, at what rent, and for what time each stall and stand was so rented. CH. 20] DEPARTMENT OF PUBLIC SAFETY. Src. 175. All lessees of stalls and stands who shall de- sire to assign or transfer their leases, or underlet any stall or stand, shall notify the Superintendent of Markets, who, upon the payment of the sum of one dollar for the use of the city, ' may permit such transfer or underletting to be made, and if made, shall enter the same in his record of leases and endorse the same upon the back of the lease, and no person shall use or occupy any stand or stall for any purpose unless he has leased or obtained the same by transfer as herein provided, and any stand or stall which shall be transferred or underlet in any other or different manner than in this section pro- vided, shall be deemed forfeited to the city, and shall be forthwith rented again as hereinbefore provided. Src, 176. At least two of the city police officers shall be detailed to assist the Superintendent of Markets, who shall report to the Superintendent of Markeis at the opening of the market, and be subject to his orders until the close thereof. Sec. 177. Any person who shall violate any or either of the provisions of Sections 154 to 176, inclusive, shall, upon conviction thereof, be fined not more than fifty dollars. Sec. 178 Huckstering in the central market spaces of the City of Columbus, shall be regulated as follows: All hucksters selling any kind of provisions or merchan- dise shall occupy places under the east and west projections of the market house. The venders of fish shall occupy places immediately north of the middle entrance on the west side of the market house. The north and south ends shall be reserved exclusively for flower stands, and it shall be unlaw- ful for any huckster to vend or sell any produce or merchan- dise of any kind, at any other. place within the market space than as above provided, unless the stands and stalls are all occupied. Any person, firm or corporation violating any of the provisions of this'section shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars. Sec. 179. It shall be unlawful for any person or persons to stand, loiter or lounge in, or about or around the market houses, unless they have good and sufficient reason for so doing in the prosecution or pursuit of their legitimate business. Any person violating the provisions of this section shall, 73 As amended November 19, 1883. Transfer of leases. Police officers detailed for markets. Penalty. Passed Novem per 22, 1875. Hucksters regulated. Passed August 12, 1878, Loitering about markets prohibited. 74 REVISED ORDINANCES. [cu. 21 Passed October , ae Hay market. {See Chapter, hay and hay scales. | Hay market. Passed Novem- ber 30, 1885. Horse market. Passed April 10, 1893. Inspector of Buildings ; salary; Clerk; Clerk’s salary. upon conviction thereof, be fined not more than twenty dol- lars and costs of prosecution. Sec. 180. There is hereby established a hay market and straw market, to be located on Town street, between the Colum- bus, Hocking Valley & Toledo Railroad tracks and McDowell street. [Sec. 180a. There is hereby established a hay market under the supervision of the Superintendent of Markets, said market to be located on lot No 46 of North Graveyard addi- tion, now the property of saidcity. Passed November 5, 1894. } Src. 181. There is hereby established a borse market for the barter and sale ot horses, on Walnut street, from Fourth street to Filth street. CHAPTER 21. DEPARTMENT OF PUBLIC SAFETY. INSPECTOR OF BUILDINGS. SECTION. 182, Inspector of Buildings to be appoin'ed by Director, his salary, Clerk and Clerk’s salary. [See O. L., vol 85 p. 34 referred to by Section 39 of act of April 3, 1890, O. L., vol. 87,p. 151, Sez also O. L. L., vol. 90, p. 136 ] Sec, 182. There may be in the Department of Public Safe y, to be appointed by the Director thereof, one Inspector of Buildings, who shall receive a salary of two thousand dol- lars per annum, and there shall also be appointed one Clerk to said Inspector, who shall receive a salary of nine hundred doliars per annum. CH. 22 | DEPARTMENT OF PUBLIC SAFETY. /> Sl ea ee a oe eC en 2 CHAPTER 22. DEPARTMENT OF PUBLIC SAFETY. SEALER OF WBSIGHTS AND MEASURES. SECTION 193. Penalty for refusiog to allow SECTION. 183. Seiler of Weights and Measures ; ; salary. weights or measures to be 184. Duties. tested. 185. Record of weights inspected. 194. Monthly report. 186. Report of incorrect weights. 195. Penalty for hindering or ob- 187. Inspector must not sell weights or measures. structing sealer. 196 to 201, inclusive. Regulating the 188. All persons must have weights sale of coa . and measures inspected. 202. -eizure, forfeiture and destruc- _ 189 Peddiers and hawkers. tion of false weights and 190. Penalty for using unsealed measures. measures. 203. Huckster’s license revoked for 191. Penalty for using unsealed second offense. weights. 192, Penalty for using incorrect weights. Src. 183. There may be in the Department of Public Safety, to be appointed by the Director thereof, one Sealer of Weights and Measures, who shall receive a salary of one thousand dollars per annum. Src. 184. It shall be the duty of the Sealer of Weights and Measures to inspect and examine at least once in every six months all weights and measures, scales, patent balances, steelyards and other instruments used for weighing and measuring in the City of Columbus, and to seal once each year, with a seal or brand, all said weights, measures, scales, balances, steelyards and other instruments used for weighing and measuring which he may ascertain to be correct, and the character or letter to be stamped or branded thereon shall be “OC. §.,” meaning thereby Columbus standard, and the in- spection and examination required of said weights, measures, Passed April 10, 1898. Sealer of Weights and Measures. Salary. Passed July 18;. 1892, Duties of Sealer of Weights and Measures, 76 Record of weights in- spected. Report of incorrect weights. Inspectormust not sellweights or measures. All persons must have weights and measures in- spected. Peddlers and hawkers. Penalty for using unsealed measures. REVISED ORDINANCES. [ cH. a scales, balances, steelyards and other instruments, wagons and vebicles, may be made by said Sealer at the store and places where the same are used. Sec. 185. The Sealer of Weights and Measures shall keep a record of all weights, measures, scales, balances or other instruments, wagons and vehicles used for weighing and measuring, inspected by him, including those found to be incorrect, in which record shall be shown the names of the owners of the same and the respective dates of his inspecting and sealing thereof, and the said book of record shall belong to the City of Columbus and shall be subject to inspection by the public. Sec. 186. It shall be the duty of the Sealer to report forthwith to the Mayor the names of all persons whose weights, measures, scal+s, steelyards, balances and other in- struments, wagons and vehicles used for weighing and meas- uring have been ascertained by him to be incorrect. Sec. 187. It shall be unlawful for the Sealer to sell weights, measures, scales, balances, steelyards, or other instru- ments used for weighing or measuring, or to offer or expose the same for sale in the City of Columbus, and foreach and every violation of this section he shall be liable to a fine of twenty-five dollars. Src. 188. All persons using weights, measures, scales, balances, steelyards, wagons or vehicles, or other instruments for weighing or measuring any article or articles, intended to be purchased or sold in this city, shall cause the same to be inspected and sealed by the Sealer of Weights and Measures in said city. Sec. 189. All itinerant peddlers and hawkers using scales, balances, weights or measures, steelyards, or other in- struments or vessels, shall take the same to the office of said Sealer of Weights and Measures before using the same and have the same sealed and adjusted every six months, and any person violating this section shall for each offense be subject to a fine of not less than five dollars nor more than twenty- five dollars. Sec. 190 Any person who shall sell or offer for sale, any fruit, berries, or grain of any description, or any article of CH. 22| DEPARTMENT OF PUBLIC SAFETY. 77 dry measurement, within the City of Columbus, in any other than the measures or weights which shall have been sealed by said S-aler, shall for each offense be liable to a fine of not less than five dollars n:r more than twenty-five dollars Sec. 191. It shall be unlawful for any person to use in weighing or measuring any article for purchase or sale, in the City of Columbus, any weights, measures, scales, balances, steelyards, or other instruments or vessels, wagons or vehicles not scaled by said Sealer, and for each violation of this section such person shall be liable to a fine of not less than five dollars nor more than twenty-five dollars; and any person who shall be found guilty of counter/eiting the seal or brand used by said Sealer, or of branding or stamping on any measure or weights any other stamp, brand, character or letter, for the purpose of deception, shall be fined not less than five dollars nor more than twenty-five dollars. Sec. 192. It shall be unlawful for any person to use in the City of Columbus, in weighing or measuring as aforesaid, any weights, measures, scales, balances, steelyards or other instruments or vessels, wagons or vehicles which shall be found by said Sealer out of order or incorrect, and for each violation of this section such person shall be subject to a fine of not less than five dollars nor more than twenty-five dollars. Sec. 193. If any person shall refuse to exhibit to said Sealer any weight, measures, scales, balances, steelyards, or other instruments or vessels, wagons or vehicles, upon request made by him, for the purpose of testing or inspecting the same, he shall be subject to a fine of not less than five dollars nor more than twenty-five dollars. Src. 194. The said Sealer shall on the first Monday of each and every month file with the Board of Public Works a statement in writing, which shall be a full and complete transcript from the record herein above provided for, for the month last preceding, and which shall be a report in detail of his doings as such officer for the period aforesaid. Src. 195. Ifany person or persons shall hinder, obstruct, molest or interrupt said Sealer in the discharge of his duties enjoined upon him by this ordinance, he shall for each Penalty for using unsealed weights. Penalty for using incor- rect weights. Penalty for re- fusing to allow weights or measures to be tested. Monthly re- port. Penalty for hindering or obstructing Sealer, 78 Passed Janu- ary 12, 1891. Ton of two thousand pounds. Certificate of weight. Proportionate amount for less than ton. Owner or driver to pro- duce weight ticket. Penalty. Passed Novem- ber 14, 1892. Regulating sale and de- livery of coal. REVISED ORDENANCES. [ CH. 22 offense be liable to a fine of not less than five dollars nor more than twenty-five dollars. Sec. 196. All coal sold in the City of Columbus shall be sold by the ton of two thousand pounds. Sec. 197. Each and every person, firm or corporation engaged in the business of selling coal in the City of Colum- bus, to be delivered in said city, shall produce and deliver to the purchaser at the time of the delivery of the coal pur- chased, a certificate, signed in ink by some responsible weigher doing business in the city, showing the weight of the coal so delivered, the weight of the wagon in which it is delivered, and the gross weight of both coal and wagon. Sec. 198. Every person, firm or corporation purchasing a ton of coal shall be entitled to receive two thousand pounds (and a proportionate amount of any portion of a ton pur- chased), and every person, firm or corporation shall deliver two thousand pounds of coal for each ton purchased from such person, firm or corporation, and a proportionate amount for any portion of a ton so purchased. Src. 199. It shall be the duty of the owner or driver of such load of coal, upon the demand of the sealer of Weights and Measures, to produce and exh bit to him the weight ticket of such load. Src. 200. Every weigher who shall be guilty of giving a false certificate as to the number of pounds of coal, or the weight of the wagon, or the gross weight of both coal and wagon weighed by him, and every person, firm or corpora- tion who shall neglect or refuse to comply with any provi- sions of Sections 196, 197, 198 or 199, or either of them, or who shall deliver to any purchaser a less quantity than two thousand pounds of coal for each ton purchased (or a proportionate amount for any portion of a ton), or who shall practice any fraud or deceit in the sale or delivery of any coal purchased to be delivered in said city, upon convic- tion thereof shall be fined in any sum not exceeding fifty dollars nor less than five dollars. Sec. 201. The Sealer of Weights and Measures is hereby authorized and required to exercise due supervision of the sale and delivery of coal within the said City of Columbus, CAT: 22 | “DEPARTMENT OF PUBLIC SAFETY. and heis hereby authorized, in his discretion, to require any load of coal whilein transit for delivery to the purchaser, to be weighed by him upon scales in said city, known by the said officer to be true and correct, and it shall be the duty of the person or persons in charge of such load of coal, at the request of said officer, to drive the same to and onto the scales designated by said Sealer of Weights and Measures, to be so weighed, and to return the vehicle to the said scales to be weighed after said load has been delivered, and if upon such reweighing by said officer it shall be found that the original weighing by the seller was inaccurate, it shall be the duty of such officer to file in proper formin the Police Court of said city, a complaint against the seller thereof, and any person in charge of any load of coal who shall refuse on the request of said officer to have any load of coal or vehicle weighed by said officer as aforesaid, or to take it to and onto said scales for that purpose, or if any person shall obstruct or hinder the said officer in the discharge of the duties imposed upon him by this section, such person or persons shall be guilty of an offense under this section, and upon conviction thereof before . the proper authorities of said city shall be fined in any sum not less than five dollars nor more than fifty dollars, in the dis- cretion of the court, and the costs of the prosecution. It shall be the duty of the police prosecutor to prosecute all persons charged with an offense under this section. Src. 202 It shall be unlawful for any person or persons, firm or corporation, knowingly to use or to keep to be used for weighing or measuring articles to be purchased, sold or offered, or exposed forsale, any weights and measures, imple- ments and appliances for measuring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not conform to the standards estab- lished by law. Any person or persons, firm or corporation violating any of the provisions of this section shall forfeit all weights and measures, implements and appliances for meas- uring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not con- form to the standards established by law, and so knowingly H) Passed May 18, 1891. Seiziire, for- feiiure and destruction of false weights and measures, 80 Passed July 30, Huckster’s license re- voked for second offense. REVISED ORDINANCES. [CH. 22 used or kept to be used by such person or persons, firm or corporation for weighing or measuring articles to be pur- chased, sold or offered or exposed for sale, It shall be the duty of the Sealer of Weights and Measures of said city to seize any and all weights and measures, implements and ap- ‘pliances for measuring and weighing which are imperfect or liable to’ indicate false or inaccurate weight or measure, or which do not conform to the standards established by law, and which are knowingly used or kept to be used by any person or persons, firm or corporation for weighing or meas- uring articles to be purchased, sold or offered or exposed for sale, and to destroy the same within twenty-four hours after such seizure. Sec. 203. Any hawker, huckster or vender, on the market or in the streets of Columbus, who shall give faise weight or measure, or less weight or measure than represented to be, shall be fined for the first offense ten dollars, and for the second offense he shall be fined twenty-five dollars, and his license shall be thereby revoked. The fines collected under this section shall be paid, one-half to the person or persons informing and the balance to the credit of the Street- cleaning Fund. CH. 23 | ; FIRES, FOR THE PREVENTION, OF CHAPTER 23. FIRES, FOR THE PREVENTION OF. ‘SECTION. | SECTION. 204. Not to keep ashes except in 213. Not to deposit combustible ma- combustible vessel. terial in public area. 205. Not to allow shayings to accu- 214. Nor in open building, shed or mulate. lot. 206. Regulating constructions of 215. Restrictions as to gunpowder stovepipes. except by dealers. 207. Not to burn out chimneys be- 216. Restrictions as to same by tween four Pp. M. and nine A. M. dealers. 208. Not to carry lighted lamp into 217. Not to carry gunpowder unless stable. fully secured. 209. Not to give false alarm of fire. 218. Storing of petroleum, naphtha, 210. Not to tamper with alarm box. gasoline or benzine. 211. Not to store more than five tons 219. Storing of linseed oil or turpen- of hay in wooden building. tine. 212.. Not to cross fire hose with ve- 220. Restrictions as to dealers. hicle. 221. Penalty. Src. 204. It shall be unlawful for any person or persons, being the occupant or having the care or control of any dwelling-house, storehouse, warehouse, cellar or other build- ing, or any part thereof, or for any other person to keep, place or permit to be kept or placed in any such building any ashes or other article from which fire may originate, unless the same be placed in an iron, stone or other incombustible vessel. Src. 205. It shall be unlawful for any person to suffer any shavings or other combustible material to accumulate about his shop, store or other premises, or to set fire to any straw, shavings or other combustible material in any street, lane, alley or other public place in said city between the hours of seven Pp. M. and six o’clock A. M. Src. 206. It shall be unlawful for any person within the corporate limits of said city to use any stove, the pipe of which is not constructed into a chimney, or for any person Passed March 20, 1893. [See also Chap- ter 24, fire limits.] Ashes. Shavings. Defective flue. 82 REVISED ORDINANCES. [ery 23 Not to set fire to chimney. Lamp in stable. False alarm. Tampering with fire alarm box. Hay. to construct or permit to be constructed any chimney, flue or smokestack through any roof or floor, unless the same be con- structed of brick or fire-clay not less than four inches thick, or for any person to use any stovepipe, fireplace, furnace, chimney or place for depositing ashes after the same has been adjudged to be uneafe {or use by the Fire Superintendent of said city, and any such unsafe flue, stovepipe, furnace, fire- place or place for depositing ashes shall be removed by such person within twenty-four hours after so ordered by the said Fire Superintendent. “Ec. 207. It shall be unlawful for any person to burn out or set fireto any chimney, stovepipe or flue, at any time except between the hours of nine o’clock a. M. and four o’clock p. M., unless the root of the house and the neighboring houses are well wet or covered with snow. Src. 208. It shall be unlawful for any person to carry a lighted candle or lamp into any stable, carriage shop or ware- house containing combustible material, unless the same is well incased -in a glass lantern; or for any person to hang or cause to be hanged or placed any lamp or light on the outside of any wooden building, unless said light be securely pro- tected and placed not less than two feet and six inches from said building. Src. 209 It shall be unlawful for any person to give, or to assist in giving a false alarm of fire, or to proclaim that any fire is extinguished when it is not, or for any person, except the Superintendent of the department, or his duly appointed and authorized assistant or substitute, to turn in, or give or cause to be turned in or given, any alarm of fire after one alarm of fire has been turned in or given. Src. 210. It shall be unlawful for any person or persons to tamper with or take any key from any fire alarm box or attachment, or to remove the same from its position, except when necessary for the purpose of giving or turning in an alarm of fire. Src. 211. It shall be unlawful for any person or corpo- ration in said city to keep, store, or suffer to be kept or stored at any one time in any frame or wooden building, situate CH: 23] FIRES, FOR THE PREVENTION OF within one hundred feet of any other building, hay or straw in a greater quantity than five tons Sec. 212. It shall be unlawful for any person or persons to haul, drive, push or pull, or cause to suffer to be hauled, driven, pushed or pulled, any wheeled vehicle of any kind onto or across any hose or other apparatus, beloaging to or in use by the fire department of said city, during the continu- ance of any fire or during the time such hose or other appara- tus is being used in the extinguishment of any fire. Src.2138 Itshallbe unlawful for any person knowingly to deposit or permit to remain in any open area, built in any street, alley or other public thoroughfare, or place in said city any straw, hay, paper, tow, rags, boxes, barrels, boards, shavings, kindlings, wood or other combustible material, except coal and coke, so that the same may be expored to fire. Sec. 214 It shall be unlawful for any person to store or permit to remain im any open building or shed, or upon any lot or parcel of ground in said city, any straw, hay, paper, tow, rags, boxes, barrels, boards, shavings, kindlings, wood or other combustible material, except coal and coke, so that the same may be exposed to fire in any building or shed, or upon any such lot or parcel of ground, or exposed to fire from any passing railway, fire or other engine. Sec. 215. It shall be unlawful for any person or persons other than retailers of gunpowder to keep or store the same in any quantity exceeding five pounds in any store, ware- house or other place within said city, unless the same be stored in a fire-proof magazine, the location of which shall be approved by the Mayor and Superintendent of Fire Depart- ment. Sec. 216. It shall be unlawful for retailers of gunpowder ‘to keep or store the same in any quantity exceeding twenty- five pounds in weight in any store, shop or other place within said city, except as provided in Section 12, and when less _ than twenty-five pounds are kept on hand, the same shall be kept in good tin, copper or zine canisters securely closed ex- -cept when in use, and such canisters shall not contain more than five pounds each, and it shall be unlawful to sell or in 83 Vehicle on hose. Public areas. Combustible material in sheds. Gunpowder. Dealers in gun- powder. 84 “Loose gun- powder. Petroleum. Linseed oil: turpentine. Storing petro- leum, ete. Penalty. REVISED ORDINANCES. [ CH. 2 3. any manner dispose of gunpowder in a loose state except in daylight. Sec. 217. It shall be unlawful for any person to convey or carry through the streets any quantity of gunpowder ex- ceeding one pound, unless the same is fully secured in tight kegs or cases. * Suc. 218. It shall be unlawful for any person to keep or store for the purpose of retail in said city any petroleum, naphtha, gasoline or benzine in any quantity exceeding two barrels, and that any such person so keeping any of the articles herein named shall keep them in a good tin or copper can, not to contain more than eighty gallons, and the said cans shall be provided with a tin or copper cap or cover to secure the same from fire. Src. 219. It shall be unlawful for any person to keep or store for the purpose of retail in said city any linseed oil or turpentine in any quantity exceediny twenty barrels, or turpentine in any quantity exceeding five barrels, and any person so keeping the same shall keep it in a cellar or vault; provided, the same may be kept in a building at least five hundred feet from any other building. Src. 220. Itshall be unlawful for any person or corpora- tion to keep or store in said city, other than for retail pur- poses, any petroleum, naphtha, gasoline or benzine in any quantity exceeding two barrels, or any turpentine or linseed oil in any quantity exceeding five barrels, unless the same be kept in fire-proof warehouses or tanks, or in some other place that has been inspected and approved by the Superintendent of the Fire Department. Sec. 221. Whoever violates any of the provisions of this chapter shall, upon conviction thereof, be, fined in any sum not less than five dollars nor more than twenty-five dol- lars, at the discretion of the court. _ CH. 24] FIRE LIMITS. 35 CHAPTER 24. FIRE LIMITS. SECTION. | SECTION. 222. Fire limit number one. 233. Block bounded by Noble, Par- 223. Fire limit number two. sons, Mound and Washington. 224. Fire limit number three. 234. Block bounded by Spring, Jefier- 225. Fire limit number four. son, Holly alley and Eleventh. 226. Fire limit number five. 235. Block bounded by Willow alley, 227. Fire limit number six,’ Peirl alley, College and High. 228. Fire Jimit number seven. | 236. Block bounded by Main, Mound, 229. Fire limit number eight. | Fifth and Sixth. 230. Block bounded by Nashten 237. Block bounded by Banana alley street and Fifth avenue, and and Hayden’s property, Frank- lines four hundred feet east fort, High and Front. and west of High street. 238. Bock bounded by Livingston, 231. Block bounded by Fifth avenue, Blenkner alley, City Park ave- High,-ixthavenueand section nue and Third. alley. 232. Block bounded by Court, Don- aldson, Parsons and Seventh. {For definition of fire limits and penalty see act of February 23, 1888, O. L., vol. 85, p. 34, referred to by act of April 3, 1890, O. L., vv 1. 87, p. 151; see also O. L. L., vol. 90, p. 136 ] Following sections are from act of February 23, 1888: sec. 7. That any person, firm or corporation, either as owner, contractor or arch tect, or any agent, trustee, director officer or employe of any person, firm or corporation, who violates or authorizes a violation of any provision of this act, shall be guilty of a misdemeanor, and be subject to a fine not exceeding the sum of one thousand dollars, or an imprisonment not exceeding three months, or both, in the discretion of the court or Judge imposing the same. SEc. 9. The said city may by ordinance establish or extend fire limits; and if said city shail have squares blocked for fire protection, the same shall be considered to mean “fire limits’? under th's act 'Ec.10. All buildings hereafter erected within the fire limits of said city shall be enclosed with walls con-tructed of brick, stone, or any other hard, incom bustible substances, and the founcation shall rest upon solid ground, concrete, or other solid and sufficient substructure. [See same act for exemptions from provisions of Section 10.] Src. 222. Tnere is hereby established a fire limit within the city, to be known as fire limit number one, Reference to act of Fe bru- ary 23, 1888. Violation of act a misde- meanor. Penalty. Fire limits and “blocked squares,” Kind of build- ings that can be erected. Passed May 9, 1892, 86 Fire limit number one. From intersec- tion of Scioto street and Liv- ingston aye- nue. East on Liv- ingston. Northon Fiith. East on Town. North onsixth. West on Siate. North on Fifth. West on Long. North on Fifth. W.on Naghten. North on High. - West South on West. Southwesterly. S$. on scioto. West on Rich. 8. on Scioto. Passed Febru- ary 15, 1892. REVISED ORDINANCES. the boundaries of which are hereby established as follows: Beginning with the intersection of the center line of Scioto street with the center line of Livingston, avenue; thence easterly with the center line of Livingston avenue to the intersection thereof with the center line of Fifth street; thence northerly with the center line of Fifth street to its intersection with the center line of Town street; thence easterly with the center line of Town street to the intersection thereof with the center line of Sixth street; thence northerly with the center line of Sixth street to the intersection thereof with the center line of State street; thence westerly with the center line of State street to the intersection thereof with the center line of Fifth street; thence northerly with the center ‘line of Fifth street to the intersection thereof with the center line of Long street; thence westerly with the center line of Long street to the intersection thereof with the center line of Fifth street; thence northerly with the center line of Filth street to the intersection thereof with the center line of Naghten street; thence westerly with the center line of Naghten street to the intersection thereof with the center line ol High street; thence northerly with the center line of High street toa point 104 feet north of the center line of Maple street; thence westerly on a line parallel with the center line of Maple street and 104 feet distant therefrom to the center line of West street extended; thence southerly with the center line of West street and the same extended to the inter- section thereof with the center line of the right of way of the Little Miami Railroad; thence southwesterly with the center line of said railroad to the intersection thereof with the center line of Scioto street; thence southerly with the center line of Scioto street to the intersection thereo! with the center line of Rich street; thence westerly with the center line of Rich street to the intersection thereof with the center line of Scioto street; thence southerly with the center line of Scioto street to the intersection thereot with the center line of Livingston avenue. | Sec. 223. There is hereby established a fire limit within the city, to be known as fire limit number two, the bounda- FIRE 2bIMITs. 87 ries of which are hereby established as follows: S id bounda- ries shall begin with the intersection of West Broad street and the Scioto river; thence northwesterly along the west bank of said river to public landing place; thence southwest- erly to Mitchell street; thence south to Broad street; thence east to the place of beginning. Sec. 224. There is hereby established a fire limit within the city, to be known as fire limit number three, the bounda- ries of which are hereby established as follows: Beginning with the intersection of the center line of Park street and the center line of First avenue; thence easterly with the center line of First avenue to the intersection thereof with the center line of High street; thence northerly with the center line of High street to the intersection thereof with the center line of First avenue; thence easterly with the center line of First avenue to the intersection thereof with the center line of Fourth street; thence southerly with the center line of Fourth street across the center line of the Fourth street via- duct to the intersection of the center line of Fourth street with the center line of Naghten street; thence westerly with the center line of Navhten street to the intersection thereof with the center line of High street; thence northerly with the center line of High street to a point 104 feet north of the center line of Maple street; thence westerly on a line parallel with the center line of Maple street, and 104 feet distance therefrom, to the intersection of said line with the center line of Park street; thence northerly with the center line of Park street to the inters:ction thereof with the center line of First avenue. Src. 225. There is hereby established a fire limit within the city, to be known as fire limit number four, the bounda- ries of which are hereby established as follows: Beginning at the intersection of the center line of Fifth street and Main street; thence easterly in the center line of Main street to the center line of Washington avenue; thence northerly in the center line of Washington avenue to the center line of Rich street; thence westerly in the center line of Rich street to the center line of Fifth street; thence southerly in the center line of Fifth street to the place of beginning. Fire limit bpumber two. West Broad. Ecioto river. Mitchell. Broad, Passed May 892. p) Fire limit pumber three, Park. First avenue. High. First avenue. Fourth street. Naghten. High. Westerly to Park. Park. Passed June 27, 1892. Fire limit number four. Fifth. Main. Washington. Rich. = —oA 88 Passed June 12, 1893. Fire limit number five. Main. Washington. Rich. Parsons. 3 Passed Sep- tem ber 25, 1893, Fire limit number six. Ohio. Alley north of ‘Town. Waverly. Alley south of Towa. Passed October 2, 1898. Fire limit number seven. First. High. Fifth. summit. Fire limit number eight, Passed October 26, 1874. REVISED ORDINANCES |cH. 24 Src. 226. There is hereby established a fire limit within the city, to be known as fire limit number five, the bounda- ries of which are hereby established as follows: Beginning at the intersection of the center line of Main street and the center line of Washington avenue; thence north with the ‘center line of Washington avenue to the intersection thereof with the center line of Rich street; thence east with the center line of Rich street to its intersection with the center line of Parsons avenue; thence south with the center line of Parsons avenue to its intersection with the center line of Main street; thence west with the c.nter line ot Main street to the place of beginning. Bor eG Sec. 227. There is hereby established a fire limit in the city, to be known as fire limit number six, the boundaries of which are hereby establish d as follows, to-wit: On the east the center line of Ohio avenue from the first alley north of Town street south to the first alley south ot Town street; on the south the center line of the first alley south of Town street from Ohio avenue to Waverly street; on the west the center line of Waverly street from the first alley south of Town street to the first alley north of Town street; on the north the center line of the first alley north of Town street from Waverly street to Obio avenue. Src. 228. There is hereby established a fire limit in the city, to be known as fire limit number seven, the boundaries of which ars hereby established as follows, to-wit: On the south by the center line of First avenue from Sammit street to High street; on the west by the center line of High stréet from First avenue to Fifth avenue; on the north by the center line of Fitth avenue irom High street to Summit street; on the east by the center line of Summit street irom Fifth avenue to First avenue. Src. 229. There is hereby established & fire limit in the city, to be known as fire limit number eight, the boundaries of which are hereby established as follows, to-wit: On the north by Long street, on the west by Fifth street, on the south by Broad street, and on the east by Grant avenue. Sec. 230. The erection of any building or any addition to any building, more than ten feet high, unless the quter Dd CH. 24| FIRE LIMITS. walls be made of brick and mortar, or of stone and mortar, or iron, or of zinc, or of brick and mortar, on the ground bounded by a line four hundred feet east or west of High street, between Naghten street and Fifth avenue, in the City of Columbus, is prohibited. It shall be unlawful for any person or persons, or corporation, to erect or cause to be erected any such building, or any such addition to any such building, so prohibited as aforesaid, on the’ground aforesaid; and any person or persons, or corporation, who shall violate the provisions of this section shall, upon conviction thereof, be fined not more than fifty dollars and costs of prosecution ; and every day that any such buildings or addition as afore- “said, erected or caused to be erected contrary to the provi- sions of this ordinance, shall be suffered or permitted to re- main, shall be considered and deemed a repetition of such offense or violation ; and any person or persons, or corporation, guilty of repeating such offense or violation shall, upon con-| viction, be fined not more than ten dollars and costs; any such building or addition as aforesaid, erected, or caused to be erected, contrary to the provisions of this section, is hereby declared to be a nuisance, and may be abated by the order of the City Council. Src. 231. The erection of any building or addition to any building, except stables, unless the outer walls be made of iron, stone or brick and mortar, or some of them, is hereby prohibited upon the square bounded as follows: On thesouth by Filth avenue, on the west by High street, on the north by Sixth avenue and the alley north of lot 24, Donaldson & But- ler’s subdivision, on the east by Section alley in the city. It shall be unlawful for any person or persons to erect any build- ing or addition to any building contrary to the provisions of this section, Any person violating the provisions of this sec- tion shall be fined not more than fifty nor less than five dollars. : Src. 232. The erection of any building or any addition to any building more than ten feet high, unless the outer walls be made of brick and mortar, or of stone and mortar, or iron, or of zinc, on the square bounded by Court street, Donaldson street, Parsons avenue and Seventh street is hereby 89 Naghten. Fifth avenue. Four hundred feet east and west of High. Passed June 22, 1891. Fifth avenue, High. Sixth avenue. section alley. 4 Passed Janu- ary 21, 1889. * Court street. Donaldson street. Parsons ave- nue seventh street gO REVISED ORDINANCE®*. Satie 24 Passed August 38, 1891, Noble. Parsons. Mound. Washington. Passed April 27,1891. Spring Jefferson ave- nue. Holly alley. Eleventh street. ye It shall nike aiken for any person or persons, or corporation, to erect or cause to be erected any such build- ing, or any such addition to any building, so prohib- ited as aforesaid, on the square aforesaid; and any per- gon, persons or corporation, who shall violate the pro- visions of this section shall, upon conviction thereof, be fined not more than fitty dollars and costs; and every day that any such building or addition aforesaid, erected or caused to be erected contrary to the provisions of this or- dinance, shall be suffered or permitted to remain, shall be considered and deemed a repetition of such offense or viola- tion ; and any person or persons, or corporation, guilty of re- peating such offense or violation sball, upon conviction, be fined not exceeding ten dollars and costs; and any such build- ing or addition as aforesaid, erected or caused to be erected contrary to the provisions of this ordinance, is hereby de- clared to be a nuisance, and may be abated by the order of © the City Council. SEc 233. -The erection of any building or additions to any building, unless the outer walls thereof be made of iron, stone, brick and mortar, or some of them, is hereby prohibited upon the square bounded as follows, to-wit: By Noble street on the north, Parsons avenue on the east, Mound street on the south and Washington avenue on the west. It shall be unlaw‘ul for any person or persons to erect any building or addition to any building contrary to the provisions of this section. Any person or persons violating any of the provi- sions of this ordinance shall, upon conviction, be fined not less than five nor more than fifty dollars. Src. 234. The erection of any building or addition to any building, unless, the outer walls thereof be made of iron, stone, brick and mortar, or some ot them, is hereby prohibited upon the square bounded as follows: On the north by Spring street, on the east by Jefferson avenue, on the south by Holly alley, and on the west by Eleventh street. Itshall be unlawful for any person or persons to erect any building or addition to any building contrary to the provisions of this section. Any person or persons violat- cH. 24] FIRE LIMITS. oP i Dee eS = EEE EN ing any of the provisions of this section shall, upon convic- tion, be fined not less than five nor more than fifty dollars. and a further fine of twenty dollars for each and every day such building or addition shall be permitted to remain on said square. Src. 235. The erection of any building or addition to any building more than ten feet high, unless the outer walls be made of brick and mortar, or of stone and mortar, or iron, or of zinc, on the square bounded by Willow alley, Pearl alley, College street and High street is hereby prohibited. It shall be unlawful for any person or persons, firm or corpora- tion, to erect or cause to be erected any building or addition contrary to the provisions of this section. Any person or per- sons, firm or corporation violating any provision of this section shall, upon conviction, be fined not less than five nor more than fifty dollars. Src. 236. The erection of any building or addition to any building more than ten feet high, unless the outer walls thereof be made of brick and mortar, or of stone and mortar, or iron, or of zinc, on the square bounded by Main street, Mound street, Fitth street and Sixth street is hereby prohib- ited. It shall be unlawful to erect or cause to be erected any building or addition contrary to the provisions of this section; and any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction, be fined not less than five nor more than fifty dollars. Src. 237. The erection of any building or addition to any building more than ten feet high, unless the outer walls thereof be made of brick and mortar, or of stone and mortar, or iron, or of zinc, is hereby prohibited on the square bounded on the north by Banana alley and the north line of W. B. Hayden’s property, on the south by Frankfort street, on the east by High street, and on the west by Front street. It shall be unlawful to erect or cause to be erected any building con- trary to the provisions of this section ; and any person violat- ing any of the provisions of this section shall, upon conviction, be fined not less than five nor more than fifty dollars. Src. 238. The erection of any building or addition to any building more than ten feet high, unless the outer walls Passed March 19, 1888. Willow alley. Pearlalley. College street. High. Passed March 5, 1888. Main. Mound. Fifth, Sixth. Passed May 27, 1889. Banana alley and Hayden’s property. Frankfort street. High. Front. Passed June 10, 1889. g2 REVISED ORDINANCES. [ CH. 25 _— Livingston avenue. Blenkner alley. City Park avenue. Third street. Passed Janu- ary 15, 1894, thereof be made of brick and mortar, stone and mortar, or of iron or zinc, is hereby prohibited on the square bounded by Livingston avenue, Blenkner alley, City Park avenue and Third street. It shall be unlawful to erect or cause to be erected any building or addition contrary to the provisions of this section. Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction, be fined not. less than five nor more than fifty dollars. CHAPTER 25. FISCAL YEAR. SECTION, 289. Fiscal year shall begin January 1. Src. 239. From and after January 1, 1894, the fiscal year of the City of Columbus, Ohio, shall begin on the first day of January and end on the thirty-first day of December of each year, and the reports of all the departments of the city government shall be made as of the year ending Decem- ber 31. ; CH, 26 | HARE CHARITY FUND AND ORPHANS HOME. —_ CHAPTER 26. HARE-CHARITY FUND AND ORPHANS’ HOME. SECTION. 246. Orphans from within limits of SECTION. 240. Chairman of committee to col- lect rents, Columbus admitted. 241. Money to be paid over’to City 247, To be governed by Trustees Treasurer. elected by Council. 242. Funds to be invested by order 248. Organization and duties of Board of Council. of Trustees. 243. Annuai report of committee. 249, Binding out of children. 244. HareOrphans’ Homeestablished. 250. Annual report of Trustees. 245. Tobe supported by income from Hare legacy. Src. 240. All rents, interest and dividends which may be derived from the legacy left by Jacob Hare to the City of Columbus, shall be collected by the Chairman of the Stand- ing Committee of the City Council on Hare Charity Fund, whose receipt for all rents, interest and dividends shall be sufficient and binding. Sec. 241. The Committee on Hare Charity Fund, through its Chairman, shall settle with and pay over to the Director of Accounts all money in its hands on the first of July, October, January and April of each year, taking his receipt for the same. It is hereby made the duty of the Director of Accounts, upon the failure of the Chairman of said committee to report and pay over said funds in his hands, as required by this section, to at once report said failure and neglect to Council. The Director of Accounts, upon receipt of any and all moneys coming into his hands belonging to the Hare Charity Fund, shall pay the same to the City Treas- urer, taking his receipt therefor, and report the amounts so paid to the Council. Sec. 242. No money belonging to the Hare Charity Fund shall be invested or used, except by order of the City Council. The account of all money belonging to said fund 93 Passed October 19, 1868. Chairman to collect. Money to be paid into City Treasury. Funds to be invested by order of Coun- cil. 94 REVISED ORDINANCES. [cu 26 | Annual report, Passed Janu- ary 28, 1567. Supported by income trom Hare li gacy, Object of insti- tution. Passed May 25, 1854 Trustees elected by Council. Term of office. shall be kept with the City Treasurer by the Director of Ac- counts, and all money drawn from said fund shall be by warrant of the Director of Accounts, in the same manner as all other city funds are drawn trom the treasury; provided, no money belonging to said fund shall be drawn for except by resolution of the City Council designating the purpose to which said fund so drawn shall and is to be applied or used. Src. 243: The Chairman of the Committee on Hare Charity Fund shall at the close of each fiscal year make out a full and complete report of all money received, together with the several amounts disbursed, and to whom the same was paid and for what purpose; also show balanc: in the treasury belonging to said fund, which report shall be read to the City Council and entered on the journal in the same man- ner as all other reports. Src. 244. There is hereby established an institution to be called the Hare Orphans’ Home of Columbus, as contem- plated by the last will and testament of the late Jacob Hare. Src 245. All rents and income of whatever nature, which may be derived from the legacy left by the said Jacob Hare to the City of Columbus, be and the s me is hereby set aside forever for the support of the inmates of the Hare Orphans’ Home, and for such other purposes as may be con- nected with said institution. Sec. 246. The Hare Orphans’ Home shall be the home of all orphan foundlings and abandoned children that shall be brought to said institution from, and within the limits of the City of Columbus. Src. 247. The Hare Orphans’ Home shall be governed by five Trustees, to be elected by the City Council from among theirown number. On the first Monday in May, 1885, three Trustees shall be elected as aforesaid, to serve for the period of two years thereafter, and on the first Monday in May, 1886, two Trustees shall be elected as aforesaid , to serve for the period of two years thereafter. And annually thereafter there shall be elected as afore- said three Trustees and two Trustees alternately, as the case may be, all of which Trustees shall hold their office and serve CH. 26 | HARE CHARITY FUND AND ORPHANS’ HOME. as such for the term of two years, and until their successors shall be elected and qualified. The City Council shall fill any and all vacancies that may -occur in said board by reason of death, resignation, or other- wise; nor shall any person remain a member of said board after he shall cease to be a member of the City Council of the City of Columbus. Src. 248. Immediately after the election of the board provided for in the preceding section, said board shall meet and organize. One of their number shall be chosen President, and one Secretary. Said Trustees shall have the full and en- tire control of said institution. They shall have such rules and regulations for the good government of the same as they may deem best, subject to the approval of the City Council, however, before taking effect. They shall make out and pre- sent to the City Council at their first meeting in the months of April, July, October and January, an estimate of the 95 Passed Janu- ary 28, 1867. Organization of board. Duties. probable cost and maintenance of said institution for the | quarter ending June, September, December and March, and the sum so named shall be ordered by the City Council to be transferred by the City Treasurer out of the remains in his hand, received on account of said Hare legacy, to the credit of said Board of Directors, to be drawn from time to time as may he required for the support of said institution, on the order of the Secretary of said board, couniersigned by the President. Sec. 249. All children received into the Hare Orphans’ Home may be bound out by the Trustees under the general laws of the State, when such children may be applied for, by such pereons as the board shall b3 satisfied will give them a good home, provide for their education and raise them to honorable manhood or womanhood. Src, 250. The Trustees of the Hare Orphans’ Home shall, on the first meeting of the City Council in March of each year, make out a report of the number of children re- 8 Binding out of children. Annual report 96 Passed March , 1874. Four Justices. Passed July 17, 1893. Justice of the Peace Salary and Expense und, Passed Janu- ary 2, 1894. REVISED ORDINANCES. [ cul. ay ceived during the year, when received, their age, whether boys or girls, if bound out, to whom, the number of deaths, if any, and the number remaining in said institution at the close of the year, together with the total amount expended for the support and maintenance of said institution, and the several amounts, to whom paid, and for and on what account, during the year. CHAPTER. 27. JUSTICES OF THE PEACE. SECTION. SECTION. 251. Four Justices in Montgomery 254. To account for collections. township. 255. To make diligent efforts to col- 252. Justice of the Peace Salary and lect. Expense Fund. _ 256. Moneys to be placed to credit of 253. Justices to collect unpaid costs. Salary and Expense Fund. Sec. 251, There shall be four Justices of the Peace elected and hold office within and for Montgomery townsbip, Franklin county, Ohio. Src. 252. The Director of Accounts is hereby instructed to deposit all the fees collected by the Justices of the Peace within and for said city, in a fund to be known as the Jus- tice of the Peace Salary and Expense Fund. Said fees, when so collected and deposited, are hereby appropriated and set apart exclusively for the purpose of paying the salaries of said Justices, their clerk hire and office rent, as provided by law. Src. 253. Each Justice of the Peace of Montgomery township, Franklin county, Ohio, be and he is hereby au- thorized and directed, for and on behalf of said city, to col- lect all unpaid costs that from time to time have been or shall be made in action brought before him as such Justice of the Peace. CH. 27| JUSTICES OF THE PEACE. 97 Src. 254, Each Justice of the Peace shall account for the moneys collected by him at the times and in the manner provided by an act of the General Assembly of the State of Ohio, entitled ‘‘ An act to amend section 621d of the Revised Statutes, as passed March 7, 1893” (90 O. L, 114). Src. 255. Each Justice of the Peace shall make diligent and lawful effort to collect all unpaid costs heretofore or here- after reported by him as uncollected, and that in making his report from time to time, containing statements of the un- paid costs that have been made in the several cases brought before him, each of the said Justices of the Peace shall, in reference to each case, set forth the efforts that he has made to collect such costs, and the reasons why the same have not been collected. : Src. 256. The moneys collected in accordance with the foregoing sections, shall be placed to the credit of the Justice of the Peace Fund and shall be applied, as tar as the sime may be necessary, to the payment of the salary of the Justices of the Peace who shall collect the same. [SEc. 2561. tionery used in the offices of Justices of the Peace of Mont- The city shall pay for all dockets and sta- gomery township, Franklin county, Ohio; such Justices shall before ordering any of the supplies herein provided for, make requisition upon said council for those needed, and receive its sanction thereon. Passed July 9, 1894.] Justices to col- lect unpaid costs. Shall account. Shall make diligent ef- fort. How moneys credited. Justice of the Peace sta- tionery 98 Passed Janu- ary 15, 1872, Toestablish. As amended June 22, 1891. Election of Trustees. REVISED ORDINANCES. [cH. 28 CHAPTER 28. LIBRARY. SECTION. SECTION, 257. To establish public library. 260. Authority of board. 258. Government and control by 261. Trustees appoint officers and fix Trustees elected by Council. salaries. 259. Vacancies; how filled. 262. Trustees to make annual report. Src. 257. There is hereby established in this city an institution to be known as the public library and reading room of Columbus, which shall be governed and controlled as provided in the following sections, and shall be free to all citizens of Columbus, under such rules and regulations as the Trustees of such institution may establish and ordain. Src. 258. Said library and reading room shall be located in the east 100m, on the first floor of the City Hall, in the City of Columbus, and shall be governed and controlled by a Board of six Trustees, consisting of the Mayor of the eity and the President of the City Council, ex-officio, and four other citizens of Columbus not members of the City Council, to be elected by the Council. In 1891 the City Council shall elect said four Trustees, two of whom shall serve until the first regular meeting of the Council in June, A. D. 1892, and the other two to serve until the first regular meeting of Coun- cil in June, A. D. 1898, and at the said meeting of the Council in June, A. D. 1892, and every year thereafter, two members ot said Board of Trustees shall be elected in like manner, to serve for two years; provided, that the term of office of each of said members of the Board of Trustees shall continue until his successor is elected; and provided further, that no mem- ber of said board shall bs allowed or receive any compensation for his services. CH. 28 | 1 IBRARY. Src. 259. Vacancies in the Library Board occurring from death, resignation, removal from the city, disability, removal from office for cause satisfactory to the Council, or from any other cause, shall be filled by the Council electing for the unexpired term or terms. Sec. 260. The Board of Library Trustees shall have authority to appoint their own President, Secretary and Treasurer, and shail have control of the library and reading room, and of the rooms in which they are kept, and of all the property of said institution; and shall establish such rules, regulations and by-laws for the government and protection of the same, as they may deem necessary and proper to render such library and reading room of public utility. Sec. 261. The Board of Library Trustees may appoint officers and assistants as they may deem necessary for the proper care and administration of said institution, and may remove any or all such officers and assistants they may ap- point from time to time, for such cause as said Board of Trustees may at any time deem sufficient, and may fix the salary or compensation of all the officers and assistants they may appoint. Sec. 262. The Board of Library Trustees shall annually, before the first day of June, make to the Council a report of their proceedings for the year ending on the last day of March preceding, showing the receipts and expenditures, the addi- tions to the library, and such other information as they may deem of interest. vies Passed Janu- ary 15, 1872. Vacancies. Authority of board. Appoint offi- cers; fix sala- ries, Annual report. I0O REVISED ORDINANCES. [ CH. 29 CHAPTER 29. LICENSES. SECTION, 263. To license canvassers for the enlargement of pictures. 264. To license transient dealers. [For statutory licenses see act of March 14, 1893, O. L. L., vol. 90, p. 159, amend- ment thereto of April 18, 1898, 0. L. L., vol. 90, p. 169, and act of February 23, 1888, O. L,, vol. 85, p. 84, referred to in act of April 3, 1890, O. L., vol. 87, p. 151.] Passed Septem- SEc. 263. It shall be unlawful for any person, persons, er 18, F [See also Chap- firm or corporation to canvass or solicit within the corporate ter 19, health and charities.] Canvassers for the enlarge- ment of pict- ures. Passed Novem- ber 14, 1892, Transient dealers. limits of the City of Columbus, orders for the copying or en- larging of pictures in what is known as portrait photograph- ing, except the same shall be the product ot his or their own hands, and the work done within the limits of said City of Columbus, without first procuring from the Director of Ac- counts of said city a license so to do and paying therefor, for the use of the city, the sum of fifty dollars per year for each and every person so engaged. In case such person, persons, firm or corporation shall not have been actual residents of the city for a period of one year prior to application for such license, he or they shall pay to the Director of Accounts, for the use of the city, the sum of twenty dollars per day. Any person, persons, firm or corporation who shall violate any of the provisions of this section shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be punished by a fine of twenty dollars for each and every offense. Sec. 264. The words “tran-ient dealers” for the purpose of this section shall be construed and held to mean any person who imports goods, wares or merchandise into the corporate limits of said city, and opens a place or store for the temporary sale thereof in said city, and advertises such CH. 29 | LICENSES. sale as an insurance, bankrupt, insolvent, receiver’s, assign- ee’s, trustee’s, executor’s, administrator’s or closing-out sale, or as a sale of such articles damaged by fire, smoke or water, or by the use of any similar terms or phrases. And the word ‘“‘nerson” shall, for the same purpose, be construed to mean and include both owner and agent. This section shall not apply to persons selling by sample only, nor to the sale of goods imported from other states or foreign countries and sold in unbroken and original packages, nor to sales by auction, nor to the sale of any agricultural articles or products offered or exposed for sale by the producer. No person being a transient dealer, as described in this section, shall within the limits of this city open a place or store for the sale of goods, wares or merchandise without first obtaining a license from the Director of Accounts of said city so to do, and such person desiring to open a place or store in said city for the purposes aforesaid shall, before doing so, apply to the Director of Acccunts of said city for a license, and shall pay therefor to the Director of Accounts for the use of said city the sum of fifteen dollars for each and every day such place or store is kept open as aforesaid, not exceeding ten days, and the sum of ten dollars per day for each and every day said place or store shall be kept open thereafter. And the Director of Ac- counts shall, upon receiving any such license fee, issue a license for the purpose aforesaid for as many days as the fee so paid shall cover, and may for cause satisfactory to himself revoke said license and return to said licensee whatever excess in fee may have been paid. [Src. 264a. Any persons violating any of the provisions of the foregoing section shall, upon conviction thereot before the proper magistrate, be fined in any sum not to exceed fifty dollars and not less than fifteen dollars, or imprisoned not to exceed thirty days nor less than three days. Passed April 3, 1894 } [Sec, 264. The foregoing sections shall not apply to persons selling by sample only, nor to the sale of goods im- As amended July 17, 1893. 102 REVISED ORDINANCES. [CH. 29 En DE ee OE ED SSS ate ee Bill-poster’s and adver- tiser’s license, ported from other states or foreign countries and sold in un- broken or original packazes, nor to the sale of any agricul- tural articles or products offered or expcsed for sale by the producer, but shall apply and bein full force for all sales mentioned in the foregoing sections at retail, wholesale or by auction. Passed June 10, 1895.] | [Sxc. 264c. ‘Hach and every person, firm and corporation who shall in said city do busipess as bill-posters, advertising, sign-painters, bill distributers, card-tackers and advertising matter of any article or compound which has not been manu- factured or compounded within the corporate limits of said municipality, shall pay to said city therefor the following sums of money, to-wit: The sum of fifty dollars for the first year and fifty dollars for each and every succeeding year thereafter while such person, firm or corporation shail engage in such business in said city, and shall procure from said city a license so to do upon the payment of such sums 0: money before engaging in such business. There be and there is hereby delegated to the Mayor the power and authority to grant to the persons, firms and corporations: mentioned in this section, upon the payment of the sums of money therein specified, a license to engage in the business named in said city; and the further authority and power to revoke said license for cause and upon notice to the person, firm or cor- poration whose license may be revoked before such revocation, and upon such revocation the ‘said city shall refund to such person or corporation such proportional part of said sums or money for any one year as the remaining part of the unex- pired year bears to the whole year; provided, that nothing in this shall be construed so as to require merchants doing busi- ness in said city to pay said sums of money or to procure a license for advertising their own business. Each and every person, firm or corporation mentioned in this section who shall refuse or neglect to pay the sums of money therein specified for the purposes therein named, or who shall refuse or neglect to procure the license therein mentioned for the CH. 30 | MAVOR, purpose therein named, shall be deemed guilty of a misde- meanor and shall, upon conviction thereof before the Police Judge of said city, be fined in the sum of fifty dollars. Passed August 31, 1894. ] (Sec. 264d. Each and every person who shall carry on the business of pawnbroker within said city, shall pay into the treasury of said city the sum of two bundred dollars per annum. Passed June 18, 1894.] CHAPTER. 30. MAYOR. SECTION. SECTION. 265. Election of Mayor. 268. Clerk who shall act as Private 268. Shall call special election to fill Secretary of Mayor; duties and vacancies in Council. salary. 267. Clerk of Mayor who shall act as 269. Bonas of Clerks. Secretary of Board of Public Works; duties and salary. [Forsalary, powers and duties of Mayor,see act of March 8, 183, 0. L. L., vol. 90, p. 136.] Src. 265. The Mayor shall be elected on the first Mon- day of April, 1869, and biennially thereafter, and hold his office for the term of two years, and until his successor is elected and qualified. Before entering upon the duties of his office, he shall take the oath required by law. He shall keep an office at some convenient place in the City ot Columbus, to be provided by the City Council, and shall keep the corpo- rate seal of the city in his charge. Sec. 266. When any vacancy occurs among the Trus- tees of the City Council, it shall be the duty of the Mayor, within five days thereatter, to call a special election to fill such vacancy. He shall fix the time of holding such election and give ten days’ notice thereof in the official paper of the city. 103 Pawnbroker’s license. Passed March 29, 1869. Election of Mayor. He shall call special elec- tion to fill va- cancy. 104 Passed July 2, 1893. Clerk to act as Secretary of Board of Pub- lic Works. Salary. Duties. Mayor’s Clerk. Salary. Duties. REVISED ORDINANCES. [cu 30 Sec. 267. The Mayor shall have a Clerk, who shal! re- ceive the sum of fifteen. hundred dollars per annum, and whose duty it shall be to sit with the Board of Public Works of said city and take a record of all the proceedings of said board in detail, to keep a general and complete index to all of the proceedings of the said board, to keep a complete record of allresolutions, ordinances and orders relating to public im- provements and to other matters recommended by said board to said Council, to keep a record showing the steps taken by said Mayor, said board and said Council in regard to public improvements, to meet with the Mayor and head of the ap- propriate department on the day set for the opening of bids, assist in their opening and prepare and file the same with said board; to keep a record containing copies of all bids made for printing, for improvements and repairs, or the purchase of supplies for the different departments of said city, to con- duct the correspondence that shall take place between the said board and said Council, and the different city officials and between said board and others, to prepare certified copies of the proceedings of the said board, to file and preserve all con- tracts, communications, etc., that shall fall to his custody as such Clerk, and to perform such other duties as Clerk of said Mayor and as Secretary of the said board, that may from time to time be required of him by said Mayor and said board. Src. 268. The Mayor shall also have a Clerk, who shall receive the sum of twelve hundred dollars per annum, and - whose duty it shall be to conduct the correspondence between the Mayor of said city and said board, Council and the differ- ent departments and officers of said city, and between the said Mayor and others, to keep a record of all ordinances, resolutions or orders involving an expenditure of money or the approval of a contract for the payment of money, or for the purchase, sale, lease or transfer of property, or granting a franchise or creating aright or levying any tax, or imposing any fine, penalty or forfeiture, that may be presented by the Clerk of said city to said Mayor for his approval, showing the date of its receipt by said Mayor and the action of said Mayor CH. 30] MAYOR, 105 in regard thereto, and to perform such other duties as may be prescribed for him by the Mayor. Sec, 269. Each of the Clerks mentioned in this chapter rntire time to shall devote his entire time to the duties that pertain to his ee ee office. Each of said Clerks, before entering upon the dis- charge of the duties of his office, shall give bond with sure- ties conditioned according to Jaw, in the sum of five'thousand dollars, to be approved by the Mayor. Bond. 106 REVISED ORDINANCES, Bet: ee SECTION. 270. 271. 272. 273. 274 275. 276. 277. 278. 279. 280, 281. 282. 283. 284. 285, 286. 287, 288, 289, 290, 291. 292. 293. 294. 295. 296. 304. CHAPTER 31. MISDEMEANORS. SECTION. Disturbing the peace ; drunken- 310. Complaint against houses oi ness. prostitution. Vagrants and swindlers. 311. Suppression of houses of pros- Vagrants defined. tivution. Loitering. 312. Gambling houses. Disturbing religious worship. 313. Permitting gambling on prem- Unlawful assembly. Prize fighting; dog fighting. Keeping vicious dog. Concealed weapons. Cruelty to animals. Killing birds Indecent conduct. Improper dress. Prostitution. Unsightly beggars. Lewd books. Indecently exhibiting animals. Street shows. Davgerous animals. Leaving rubbish in'streets. Depositing rubbish on lot of another. Throwing stones. Fast driving; leaving horses un- hitched; hitching to trees. Horses on sidewalks. Firearms; firecrackers. Bonfires. Tearing up or removing dirt from streets. Defacing buildings and trees. Corrupting wells. Posting bills. Injuring fences ; lamp-posts. Tearing down advertisements. Obstructing gutters. Cutting and removing sod. Trespassing. 305 to 309. House of prostitution. ises. 314 to 818. Gaming. 319 to 321. Midnight closing of sa- loons. 322 to 324. Sunday closing of saloons. 325. 326, Closing saloons on election day. Variety shows, intoxicating liq- uors sold at. Employment of women to carry beer. Disorderly house. Theatrical performances Sunday. Insulting females onstreet. Impersonating or resisting an officer. Cutting ice south of Ohio Peni- tentiary. Riding bicycles on sidewalks ; without light and bell. Bathing. Opium joint. Smoking in opium joint. Lottery. Advertising lottery. Tainting the air. Slaughter-houses. Erection of slaughter-houses, stables; permits. Offensive matter cast in streets or alleys. Ringing bells for auction. Disturbing persons with bells. Flying kites. on CH. 31 | MISDEMEANORS. SECTION. SECTION. 346. Ball playing. 367. Littering the streets. ; 847. Driving through processions. 368. Torch or red light on night 348. Clearing streets for processions. wagons. 349. Jumping on cars. 369. Sunday closing of barber shops. 350. Offenses sgainst street railway 370. Funeral processions not to oc- cars. cupy High street. 371. Injuring library books. 372, Objects not to be left on projec- 3 tions on line of streets unless securely fastened. 373. Obstructing or interfering with sanitary officer. 374. To protect street pavements. 875. Groceries and restaurants to be closed on Sunday. 376. Public sewers not be broken or tapped. 877. Water in fire cisterns to be used only by fire department. 378. Prohibiting interment within the city limits. 379 to 881. Protection of levees. 382. To preserve order on election 351. To punish offenses on street cars. 352. To protect theaters. 353. Peddlers to obtain license. 354. Projections over highways. 355. Porticos over sidewalks. 356. Rubbish, stone, brick, upon highway. 357. For protection of sidewalks. 358,359. Injuring asphalt pavements: 360. Injuring sewer drops. 361. To protect curbing. 862, Encroachments on banks Scioto river. 863. Red lights for all obstructions. 364. Counter-floors for building be- ing constructed. 365. Drivers of street cars to stay on front platforms. ° 363. Preventing driving of cattle on certain streets. day. Src. 270. Whoever disturbs the good order and quiet of this city by any clamor or noise, or by intoxication, drunken- ness, fighting, using obscene or profane language in any street or other public place, to the annoyance of any of the citizens, or otherwise violates the public peace by indecent and dis- orderly conduct, or by lewd and lascivious behavior, shall be deemed guilty of a misdemeanor, and, upon conviction there- of, shall be fined not less than three dollars nor more than twenty dollars, or be imprisoned not more than thirty days, or both. Src. 271. Whoever shall loiter about the city, without having some known legal occupation or means of support, and all suspicious persons who can give no reasonable account of themselves, vagrants, watch stuffers, and all other persons who shall practice the game known as three-card monte, or any game, trick or device with intent to swindle, shall be deemed guilty of a misdemeanor, and, upon conviction 107 Disturbing the peace, drunkenness, penalty. Vagrants and swindlers. 108 Vagrants de- REVISED ORDINANCES. [CH. 3 thereof, shall be fined in any sum not exceeding fifty dollars, or be imprisoned for a term not exceeding thirty days. Sec. 272. . An Ordinance No. 4395, accepting the amended plat of Cornelia F. Davis’ and others’ subdivision, passed December 17, 1888. An Ordinance No. 4465, to accept Benjamin Moneit’s, Jr., North High Street addition, passed December 17, 1888. An Ordinance No. 4468, accepting Hoffman avenue subdivision, passed December 17, 1888. An Ordinance No. 4537, accepting College Place addition, passed Jan- uary 14, 1889. An Ordinance No. 4540, accepting Dennison lark Place addition No. 2 to the City of Columbus, Ohio, passed January 14, 1889. An Ordinance No. 4558, accepting Charles FE. Morris’ subdivision, passed February 4, 1889. An Ordinance No. 4590, accepting Christenia Benninghoft’s subdi- vision, passed February 4, 1889. An Ordinance No. 4578, accepting George and Elizabeth Friebis’ sub- division, passed February 25, 1889. An Ordinance No, 4666, accepting J. L. Baghman’s addition, passed March 18, 1889. An Ordinance No. 4673, accepting Wm. E. Horn’s subdivision to the City of Columbus, passed March 18, 1889. 200 REVISED ORDINANCES. [cH: 42 An Ordinance No. 4704, accepting Anna 8. Beverly’s plat of subdi- vision, passed March 25, 1889. An Ordinance No. 4607, accepting Lowery’s subdivision, passed March 25, 1889. An Ordinance No. 4296, to accept A. A. Stewart’s heirs’ subdivision, passed April 8, 1889. An Ordinance No. 4649, accepting Mrs Thompson’s subdivision of a part of lot No. 21 of Champion’s subdivision, passed April 8, 1889. An Ordinance No. 4756, accepting Monett’s Franklin avenue addi- tion, passed May 20, 1889. An Ordinance 4707, accepting A. H. and F. L. Packard’s addition, passed May 20, 1889. An Ordinance No. 4807, accepting Benjamin Monett’s, Jr., Oregon Place addition to the City of Columbus, Ohio, passed May 27, 1889. An Ordinance No. 4781, accepting E. E. Neil’s trustees’ Third Neil Place addition, passed June 3, 1889. An Ordinance No. 4849, accepting Benjamin Monett’s, Jr., Wash- ington Place addition, passed June 10, 1889. ; An Ordinance No, 4780, accepting R. HE. Neil’s trustees’ Second Neil Place addition, passed June 3, 1889. An Ordinance No. 4903, accepting Robt. E. Neil and Jane M. Neil’s Second Neil Place addition to the City of Columbus, passed J une 17, 1889. An Ordinance No. 406, accepting Theo. H. Butler’s trustees’ subdi- vision, passed June 17, 1889. An Ordinance No. 4884, accepting Wagoner and M’Comb’s subdi- vision of lots Nos. 164 and 165, Swayne addition, passed June 17, 1889. An Ordinance No. 4949, accepting Hayden, Baker and Brown’s addi- tion, passed July 8, 1889. An Ordinance No. 4977, accepting Huntington Fitch’s subdivision, passed July 29, 1889. An Ordinance No. 48738, accepting Critchfield and Warden’s subdi- vision, passed July 29, 1889. An Ordinance No. 5011, accepting John A. Evans’ College View ad- dition, passed August 5, 1889. y@ 42 | ADDITIONS AND SUBDIVISIONS ACCEPTED. 201 An Ordinance No. 5248, accepting W. R. A 8 SEER O: passed October 7, 1889. An ei eanee No. 5191, accepting John ID. H. M’Kinley’s subdivision, passed October 14, 1889. An Ordinance No. 5204, accepting Mrs. F. Thompson’s subdivision, passed October 28, 1889. An Ordinance No. 5219, Naentie: the plat of ‘* Woodlands,” passed October 28, 1889. An Ordinance No. 5229, accepting James H. Anderson’s subdivision, passed November 11, 1889. An Ordinance No. 5262, accepting R. C. Hoffman’s Rich Street sub- division, passed November 25, 1889. An Ordinance No, 5326, qoeeD ae Watson and Ryan’s subdivision, passed December 2, 1889. An Ordinance No. 5328, accepting David Shertzer and Jacob Rapp’s subdivision to the City of Columbus, Ohio, passed December 23, 1889. : An Ordinance No. 5821, accepting Laura N. Knickerbocker’s second division to the City of Columbus, Ohio, passed December 23, 1889. An Ordinance No, 5398, accepting Louis Wirthwein’s plat of subdi- ‘vision, passed January 20, 1890. An Ordinance No. 5428, accepting Theodore Rhoads’ University Heights addition, passed January 20, 1890. An Ordinance No. 5400, to accept Cottage Place addition to the City of Columbus, Ohio, passed February 3, 1890. An Ordinance No. 5453, accepting West Park addition to ne City of Columbus, Ohio, passed February 3 3, 1890. An Ordinance No. 5454, accepting Thos. E. Knauss’ plat of amended subdivision of Caroline Burgess’ subdivision to the City of Columbus,’ Ohio, passed February 3, 1890, An Ordinance No. 5447, accepting Chas. L. Nelson’s subdivision, passed February 10, 1890. An Ordinance No. 5471, accepting James Fullerton’s subdivision, passed February 10, 1890. An Ordinance No. 5561, accepting Woodland Place addition, passed April 28, 1890. 202 REVISED ORDINANCE-. [cH. 42 5, 1890. An Ordinance No. 5506, accepting the Franklin addition, passed May 5, 1890. An Ordinance No. 5507, accepting Henry A. Axline’s subdivision, passed May 5, 1890. An Ordinance No. 5521, accepting James Fullerton’s subdivision, passed May 5, 1890. An Ordinance No. 5526, accepting Andrew C. Emmick’s subdivision of lots Nos. 9, 11, 18, 15 and 17 of the Ohio Tool Company’s subdivision of part of survey No. 1393, passed May 5. 1890. An Ordinance No. 5537, accepting Christian and Louis Siebert’s City Park subdivision, passed May 5, 1890. | An Ordinance No. 5594, accepting Madison Park addition, passed June 16, 1890. An Ordinance No. 5602, accepting Frank A. Davis’ subdivision, passed June 16, 1890, An Ordinance No. 5598, accepting Storhm and Bolden’s subdivision, passed June 16, 1890. An Ordinance No. 5603, accepting Annie E. Dennison’s annex to Dennison Park addition, passed June 16, 1890. An Ordinance No. 5596, accepting Neil’s Garrison Park addition, passed June 30, 1890. An Ordinance No. 5607, accepting Fannie Thompson’s subdivision of » a part of lots Nos. 22,24 and 25 of Champion’s subdivision of half section 25, township No. 5, range 22, Refugee Lands, passed June 30, 1890. An Ordinance No. 5625, accepting Henry C. Taylor’s amended sub- division ot Livingston Park addition, passed June 30, 1890. An Ordinance No, 5672, accepting Benjamin Monett’s Wilson Ave- nue subdivision, passed August 15, 1890. An Ordinance No. 5682, accepting the Markland addition to the City of Columbus, passed August 15, 1890. An Ordinance No. 5705, accepting Bowe and Beggs’ Guilford Park addition to the City of Columbus, Ohio, pass-d August 25, 1890. CUERE 42 | ADDITIONS AND SUBDIVISIONS ACCEPTED. 203 An Ordinance No. 5734, accepting Mrs. E. S. HORS subdivision, passed September 22, 1890. An Ordinance No. 5827, accepting ‘‘ The Franklin subdivision,” being an amended subdivision of part of lot No. 4 of William S Sullivant’s estate, passed October 27, 1890. An Ordinance No. 5807, accepting the amended plat of Woodland addition, passed October 6, 1890. An Ordinance No. 5809, accepting Jones’ addition to the City of Co- lumbus, Ohio, passed October 15, 1890. An Ordinance No 5828, accepting A. B. Coit’s ares oe passed October 27, 1890. An Ordinance No. 5918, accepting James Fullerton’s subdivision of lots 32, 33 and 54, Stewart & Jones’ subdivision, passed December 8, 1890, An Ordinance No. 5919, accepting Smith & Parker’s subdivision, passed December 8, 1890, An Ordinance No, 5906, accepting R. E Neil’s Wyoming Place addi- tion to the City of Columbus, Ohio, passed December 15, 1890. An Ordinance No. 5929, accepting Stevenson’s subdivision of lots Nos. 19 to 27, R. G. fullivant’s subdivision, passed December 15, 1890. An Ordinance No. 5831, accepting Krumm, Sergeant and Krumm’s division of reserve of lots 64 and 69 of Adam Luckbaupt’s subdivision, passed December 15, 1890. An Ordinance No. 5963, accepting Simon’s subdivision of lots Nos. 64 to 69 of S. Bartlitt’s addition, passed January 19, 1891 An Ordinance No. 5968, accepting R. E. Neil’s subdivision of the east part of Block “A” in R. EF, Neil’s seventh addition to the City of Co- lumbus, Ohio, passed January 19, 1891 An Ordinance No. 5969, accepting Jane M. Neil’s amended plat of part o: Jane M. Neil’s Place addition, passed January 19, 1891. An Ordinance No. 52, accepting Indianola Heights addition to the City of Columbns, Ohio, passed February 2, 1891. An Ordinance No, 6016, accepting Maggie J. Jolly’s subdivision of lots Nos. 1, 2, 3, 4 and 5 of Scott’s subdivision, passed March 2, 1891. An Ordinance No. 6033, accepting Linen and Burdell’s subdivision of lots 41 and 42 of William Trevitt’s Mt, Airy addition, passed March 2, 1891. BE REVISED ORDINANCES. [ cH. 42 : An aS ae No. 5057, Scena Robert Neil’s executors’ and others’ addition to Neilston’s Park Place addition to the City of Columbus, Ohio, passed March 2, 1891. An Ordinance No. 6056, accepting Smith «& Schirner’s subdivision, passed March 30, 1891. An Ordinance No. 6060, accepting Magrew and Blose’s subdivision of lots Nos. 28, 29, 30 and 31 of Wilson and Sharp’s addition, passed March 30, 1891. An Ordinance No. 6059, accepting Theodore Leonard’s, Jr , School Board subdivision, passed March 30, 1891. An Ordinance No. 6057, accepting Rufus Main’s subdivision, passed - March 30, 1891. An Ordinance No. 6061, accepting Richard Sinclair’s addition, passed March 30, 1891. An Ordinance No. 6108, accepting Elizabeth J. M’Millen’s ‘* Home- stead” addition, passed March 30, 1891. An Ordinance No. 6094, accepting R. C. Hoffman’s subdivision of lots Nos. 45, 46 and 47 of Hoffman and M’Grew’s second amended addi- tion, passed April 13, 1891. An Ordinance No. 6095, accepting the amended plat of R. C. Hoff- man’s subdivision, passed April 18, 1891. An Ordinance No. 6091, accepting Jacob Rapp’s subdivision, esha April 18, 1891. An Ordinance No. 6108, accepting Fred. Klein’s subdivision, passed April 13, 1891. | An Ordinance No. 6109, accepting Edward Miller, Wm. Kraner and Peter Knell’s subdivision, passed May 11, 1891. An Ordinance No. 6150, accepting Oak Woods addition to the City of Columbus, Ohio, passed May 11,1891. An Ordinance No. 6118, accepting Schmidt & Fassig’s subdivision ot lots Nos. 54 to 62, inclusive, of Stewart and Jones’ addition to the City ot Columbus, Ohio, passed May 25, 1891. CH. 42] ADDITIONS AND SUBDIVISIONS ACCEPTED. 205 An Ordinance No. 6097, accepting E. B. Gardner’s subdivision of lots Nos. 620 to 627, inclusive, of West Park addition, passed May 25, 1891. An Ordinance-No. 6172, accepting Deibel Brothers’ subdivisiog, passed June 8, 1891. An Ordinance No. 6223, accepting R. E. Neil’s Factory addition to Co- lumbus, Ohio, passed July 6, 1891. An Orcinance No. 6229, accepting B. F. Bowen’s amended plat of lots 45, 46, 49 and 50 of the Panhandle addition, passed July 6, 1891. An Ordinance No. 6257, accepting Arvilla Dreher’s subdivision, passed July 18, Leo. An Ordinar.ce No. 6166, accepting L. Benton Tussing’s dedication of Ell alley, passed July 13, 1891. An Ordinance No. 6219, accepting James Fullerton’s subdivision, passed July, 13, 1891. ; An ‘Ordinance No. 6305, accepting Amelia Brooke’s subdivision of lots Nos, 10, 11 and 12 of W. W. Riley’s subdivision of part of half sec- tions 13 and 24, township 5, range 22, passed July 27, 1891. An Ordinance No. 6268, accepting D.J. Minton and Thomas Heenan’s subdivision, passed July 27, 1891. An Ordinance No. 6183, accepting Shaffer, Blair and Coe’s subdivi- sion, passed July 24, 1891. An Ordinance No. 6399, accepting Mrs. Fannie Thompson’s amended plat of John G. Thompsoa’s and others’ subdivision of lots Nos. 7 and 8 of Luther Donaldson and C. P. L. Butler’s North High Street addition, passed September 14, 1891. An Ordinance No. 6414, accepting Elmore J. Swerer’s subdivision of _ lots Nos. 19,20, 21 and 22 of Zetuer’s addition, passed September 14, 1891. An Ordinance No. 6434, accepting George Williams’, Jr., Miller ave- nue addition of the City of Columbus, being a subdivision of a tract of land comprising twenty-one acres, situate in half section No. 32, town- ship 5, range 22, Franklin county, Ohio, passed September 14, 1891. An Ordinance No. 6448, accepting John W. Andrews’ amended plat and resubdivision of lots trom 1 to 78, inclusive, of his former addition to the City of Columbus, Ohio, recorded in Plat Book No. 2, page 166, passed September 14, 1891. o 206 REVISED ORDINANCES. [cH. 42 An Ordinance No. 6373, accepting Mary Fry’s et al. subdivision of part of outlot No. 6, passed September 14, 1891. An Ordinance No. 6474, accepting Charles F. Evans’ subdivision, passed October 5, 1891. An Ordinance No, 6554, accepting John W. Andrews’ Park addition, passed October 5, 1891. An Ordinance No. 6553, accepting John W. Andrews’ amended plat and resubdivision of lots of his form-r subdivision therein designated, passed October 5, 1891, An Ordinance No. 6425, accepting Braderick Brothers’ subdivision of lots Nos. 51 and 52 of Collins, Atkinson & Guitner’s addition to the City of Columbus, Ohio, passed October 5, 1891. An Ordinance No. 6570, accepting Kk. W. Holmes’ subdivision of lots Nos. 62, 63, 64, of Northwood Heights addition, passed November 30, 1891. An Ordinance No. 6610, accepting Edward D. Dodge’s Ohio Avenue subdivision, passed Novemb-r 30, 1891. An Ordinance No. 6480 eco DHDS Tay lor Spence’s subdivision, passed November 30, 1891. An Ordinance No. (622, accepting J. E. Beery and O. P. Bowen’s amended plat, passed November 30, 1891. . An Ordinance No. 6543, accepting Madison Park amendment, passed November 30, 1891. An Ordinance No. 660%, t» accept William M. Fuller's subdivision of ° lots Nes. 85, 84 and 8 ot Thomas Miller’s addition, passed November 3071891; An Ordinance No. 6547, accepting Dundon, Bergin « Calender’s subdi- vision of the east halt of lot No 1 of Robert Neil’s addition, passed No- vember 3 , 1891 An Ordinance No 6574, accepting Theo. H. Butler and Scott Denton’s Livingston Heights addition, passed December 14, 1891. An Ordinance No. 6575, accepting Annie E Marshalland Josephine Jones’ subdivision, passed December 14, 1891. An Ordinance No. 6585, accepting J. H. Warner and Paul Jones’ sub- division of a part of half section No. 14, township 5, range 22, Refugee Lands, passed December 14, 1891. GH. 42 | ADDITIONS AND SUBDIVISIONS ACCEPTED. 207 An Ordinance No, 6666, accepting H. M. Hubbard’s amended plat of lots Nos. 1 and 2 of J. A. Miner’s amended plat, etc., passed January 18, 1892. Ordinance No. 6656, accepting M’Grew’s subdivision of lots 7 to 12 of Louis Zettler’s subdivision, passed February 15, 1892. An Ordinance No. 6705, to accept Charles R. Connell’s subdivision of 23.191 acres in Clinton township, now in the City of Columbus, passed February 15, 1892, An Ordinance No. 6704, accepting W. A. Neil’s Scioto addition to the City of Columbus, Ohio, passed February 15, 1892. An Ordinance No. 6737, accepting Cygnet D. and George W. Dun’s subdivision of lots Nos. 40, 41, 42 and 43 of Eliz. J. M’Millen’s University addition, passed March 21, 1892. . An Ordinance No. 6835, accepting Jane Evans’ subdivision, passed March 21, 1892. An Ordinance No. 6791, accepting William A. Neil’s dedication of the extension of Spring street to Dublin avenue, and dedicating certain other ground shown on the plat thereof, passed March 21, 1892. An Ordinance No. 6712, to accept Thomas S. Gates’ subdivision of lots Nos. 36 and 37 of Mitchell and Watson’s East Grove addition, passed March 21, 1892. An Ordinance No. 6797, accepting Allen H. Jones’ subdivision, passed March 28, 1892. An Ordinance No, 6802, accepting Van S. Seltzer’s executor’s addition to the City of Columbus, Ohio, passed March 28, 1892. An Ordinance No. 6817, accepting Matilda E. Lesquereux’s et al. sub- division of a part of the C. F, Jaeger farm, passed March 28, 1892. An Ordinance No. 6772, accepting Koch’s subdivision in half section No. 29, township 5, range 22, Refugee Lands, passed May 2, 1892. | An Ordinance No. 6748, accepting John J. Pickering’s subdivision, passed May 2, 1892. An Ordinance No, 6999, to accept Dun’s subdivision of lots Nos. 40, 41, 42 and 438 of Mrs. E. J. M’Millen’s second addition, passed May 23, 1892. 15 208 REVISED ORDINANCES. [ CH.54 2 — ae: An Ordinance No, 6904, accepting John A. M’Auley’s Auburndale addition, passed May 23, 1892. An Ordinance No, 6936, accepting William T. Williams’ Ohio Avenue addition, passed June 6, 1892. An Ordinance No. 6906, to accept Heyl. and Julian’s subdivision, passed June 6, 1892. An Ordinance No. 6937, to accept Joseph Sauer’s subdivision, passed June 6, 1892. An Ordinance No. 6924, accepting James Fullerton’s subdivision, passed June 6, 1892. An Ordinance No. 6900, to accept Archie M. Magrew and Odos M. Blose’s subdivision of lots Nos. 1 and 2 of Deshler, Sinks and Hoover’s Garrison Place addition, passed June 6, 1892. An Ordinance No. 7007, to accept John Bier’s heirs’ Ohio Avenue subdivision, passed July 11, 1892. An Ordinance No. 6974, to accept Brown and Hoffman’s subdivision of certain lots, passed July 11, 1892. An Ordinance No. 7032, to accept H. M., F. W. and R. N. Hubbard’s third subdivision, passed July 11, 1892. An Ordinance No. 7054,-to accept Ryland’s Woodland Place addition, passed July 18, 1892. An Ordinance No. 6991, accepting Delbert B. Ong’s Eureka subdi- vision, passed July 25, 1892. ) An Ordinance No. 7042, to accept A. M., F. W. and R. N. Hubbard’s second subdivision, passed August 1, 1892. An Ordinance No. 7048, to accept H. M., F. W. and R. N. Hubbard’s subdivision, passed August 1, 1892. An Ordinance No, 7094, accepting William Merion’s amended plat, passed August 15, 1892. An Ordinance No. 7100, to accept Ashwood addition to the City of Columbus, Ohio, passed August 15, 1892. An Ordinance No. 7101, to accept Edward D. Dodge’s Franklin Park addition, passed August 15, 1892. An Ordinance No. 7097, to accept Hayden Place addition, passed August 29, 1892. CH. 42 ADDITIONS AND SUBDIVISIONS ACCEPTED. 209 An Ordinance No. 7164, accepting Edmund M. Stanley’s subdivision — of lots Nos. 4 and 5 of George Gilbert’s subdivision of a part of lot 6 of James Bryden’s et al. subdivision, passed October 3, 1892. An Ordinance No. 7166, accepting F. IF. Hoffman’s Fair Avenue subdivision, passed October 3, 1892. An Ordinance No. 7163, accepting Jacob H. Studer’s amended sub- division, passed October 3, 1892, An Ordinance No. 7162, to accept Dunlap and M’Kee’s subdivision of part of quarter township No. 3, township No. 1, range No. 18, passed October 3, 1892. _ An Ordinance No. 7173, to accept Waterman’s heirs’ subdivision, passed October 10, 1892. An Ordinance No. 7216, accepting plat of Amelia Brooke’s and other’s subdivision, passed October 31, 1892. An Ordinance No. 7204, to accept Montgomery, Dunlap and M’Kee’s subdivision of a part of Laura Maynard Knickerbocker farm, passed October 31, 1892. An Ordinance No. 7248, accepting John Walsh’s subdivision of Block No. 25, North Columbus, passed October 31, 1892. An Ordinance No. 7228, accepting James Fullerton’s subdivision, passed October 31, 1892. An Ordinance No 7241, accepting D. B. Welch’s amended subdi- vision, passed November 14, 1892. An Ordinance No. 7258, accepting Dora Falkenbach’s subdivision, passed November 28, 1892. An Ordinance No. 7273, accepting William Monypeny’s subdivision, passed December 5, 1892. An Ordinance No. 7275, accepting David C, Beggs’ Hamilton Place addition, passed December 5, 1892. An Ordinance No. 7265, to accept B. F. Bowen’s subdivision of the west half of lot No. 4 of R. P. Woodruff’s subdivision of lot No. 8, etc., passed December 5, 1892. An Ordinance No. 7267, accepting Michael Gall’s heirs’ subdivision, passed December 5, 1892. An Ordinance No. 7288, accepting Lydia C. Brown’s subdivision, passed December 12, 1892. 210 REVISED ORDINANCES. [CH. 42 An Ordinance No. 7302, accepting John C. Bullitt’s Ohio Avenue addition, passed January 16, 1893. An Ordinance No. 7297, to accept Emily Stewart’s subdivision, passed January 16, 1893. An Ordinance No. 7332, accepting Thomas R. Head’s subdivision, passed February 13, 1893. An Ordinance No. 7340, accepting Lydia C. Brown’s subdivision, passed February 13, 1893. An Ordinance No, 7838, accepting W. J. Rhodes’ subdivision, passed February 13, 1893. An Ordinance No, 7349, accepting and approving the First German Target Club subdivision, Columbus, Ohio, passed February 13, 1894. An Ordinance No, 7343, accepting High Park addition, passed Feb- ruary 13, 1893. An Ordinance No. 7342, to accept B. F. Conwell’s subdivision of part of lot No. 7, Thomas Miller’s heirs’ subdivision, passed February 13, 1893. An Ordinance No. 7385, to accept Oakwoods addition, East, passed February 13, 1893. An Ordinance No. 7381, accepting Ferdinand Bauman’s subdivision, passed February 27, 1893. An Ordinance No. 7376, to accept Benjamin Monett’s Mt. Vernon Avenue addition, Columbus, Ohio, passed March 138, 1893. An Ordinance No. 7411, accepting Christian Siebert’s subdivision, passed March 13, 1893. An Ordinance No, 7454, to accept amended High Park addition, passed March 20, 1893. 3 An Ordinance No. 7427, accepting plat of J. A. Hildebrand’s subdi- vision, passed March 27, 1893. An Ordinance No. 7440, accepting Charles R. Cornell’s and others’ subdivision, passed April 10, 1893. An Ordinance No. 7443, accepting Old Orchard addition, passed April 10, 1893. | | An Ordinance No. 7432, accepting Hoffman and Selig’s subdivision, passed April 10, 1893. CH. 42| ADDITIONS AND SUBDIVISIONS ACCEPTED. 2I1I An Ordinance No. 7459, accepting Delbert B. Ong’s and others’ sub- division, passed May 8, 1893. An Ordinance No. 7450, accepting Hutcheson’s heirs’ addition, passed May 22, 1893. An Ordinance No. 7458, accepting Anna B. Keagle’s subdivision, passed May 22, 1893. An Ordinance No. 7456, to accept Terrace Place addition, passed May 22, 1893. An Ordinance No. 7481, accepting plat of Kiesewetter, Kropp and Pausch’s South High Street addition, passed May 22, 1893. An Ordinance No. 7478, accepting R. E. Neil’s subdivision, passed June 12, 1893. An Ordinance No. 7490, accepting the Door, Sash and Lumber Com- pany’s subdivision, passed June 19, 1893. An Ordinance No. 7491, accepting James Fullerton’s subdivision of lots Nos. 14, 15 and 16 of DeWitt and Hoffman’s subdivision, passed June 26, 1893. An Ordinance No. 7492, accepting James Fullerton’s subdivision of lot No. 7 and part of lot No. 6, Champion’s subdivision, passed June 26, 1893. An Ordinance No, 7431, to accept Morrison Park, passed June 26, 1893. An Ordinance No. 7517, accepting Thomas S. Gates’ subdivision, passed July 17, 1898. An Ordinance No. 7547, accepting Watson and Ryan’s subdivision of a part of lots Nos. 16 and 17 of Nelson’s heirs’ subdivision, etc., passed July 17, 1893. An Ordidance No. 7503, accepting George Hardy’s subdivision, passed July 17, 1893. An Ordinance No. 7530, accepting Frederick Zelsman’s subdiyisson, passed July 28, 1893. An Ordinance No. 7544, accepting William Gruebler’s subdivision, passed July 28, 1893. An Ordinance No. 7528, to accept John J. Sieger’s subdivision of part of lot No. 7 of Thomas Miller’s heirs’ subdivision, passed July 28, 1893. 212 REVISED ORDINANCES. [ CH. 42 An Ordinance No. 7545, accepting Michael Oestreicher’s et al. sub- division, passed July 28, 1893. An Ordinance No. 7647, accepting Maria W. Selbach’s subdivision, passed August 14, 1893. An Ordinance No. 7654, accepting Henry Holtzman’s addition, passed August 14, 1893. An Ordinance No. 7643, to accept George W. Sinks’ subdivision, passed August 14, 1893. An Ordinance No. 7665, to accept Keystone’s addition, passed August 14, 1893. An Ordinance No. 7680, to accept James E. Robinson’s subdivision, passed August 14, 1893. An Ordinance No. 7646, to accept Charles R. Cornell’s subdivision passed August 14, 1893. An Ordinance No. 7696, to accept Danely’s amended subdivision of certain lots in Auburndale addition, passed August 21, 1893. An Ordinance No. 7657, to accept Samuel M. Thompson’s subdivision, passed October 2, 1893. An Ordinance No. 7776, accepting Michael Haveland’s et al. subdi- vision, passed October 2, 1898. An Ordinance No. 7867, to accept Hinman, Beatty and Rodgers’ Morrill Avenue subdivision, and Valentine Hoffman’s dedication of a part of Eighth street, passed October 23, 1893. An Ordinance No. 7797, to accept M. Helen Hutchinson’s second subdivision of the Hubbard property, passed October 23, 1898. An Ordinance No. 7935, to accept Sullivant Hill Place, passed No- vember 6, 1893. An Ordinance No, 8011, accepting the Ide Plaza subdivision, passed November 20, 1898. An Ordinance No. 8188, to accept C. O. Hunter’s Marvine addition, passed January 2, 1894. An Ordinance No. 8169, to accept W. A. Neil’s Fifth Summit addi- tion, passed January 2, 1894, An Ordinance No. 8195, accepting G. W. Shult’s subdivision of lots Nos. 152, 153 and 154 of Thomas Miller’s amended addition, passed Janu- ary 9, 1894. Ci. 42 | ADDITIONS AND SUBDIVISIONS ACCEPTED. 213 An Ordinance No. 8377, accepting J. Fullerton’s subdivision, passed February 26, 1894. : An Ordinance No. 8361, accepting Bliss and Kreuter’s subdivision, passed February 26, 1894. An Ordinance No. 8393, accepting and approving J. P. Weisman’s subdivision, passed March 5, 1894. An Ordinance No. 8404, accepting Charles Kaut’s addition, passed March 5, 1894. | An Ordinance No. 8417, to accept C. B. Paul’s subdivision of lots of John M. Pugh’s amended plat, passed March 12, 1894. An Ordinance No. 8497, to accept McGrew and Blose’s subdivision of lots Nos. 160, 161 and 162 in Garrison Place addition, passed April 9, 1894. An Ordinance No. 8566, accepting Ira Seely’s subdivision of lots Nos. 1,2, 11, and 12 of Thomas 5. Sallivant’s subdivision, passed April 23, 1894. An Ordinance No. 8533, accepting Reinhard and Bliss’ first subdivi- sion, passed April 16, 1894. An Ordinance No. 8581, accepting Daniel Born’s heirs and Helena Born’s Jenkins Avenue subdivision, passed May 21, 1894. | An Ordinance No. 8928, accepting Daniel Born’s heits and Helena Born’s subdivision, passed July 9, 1894. An Ordinance No. 8615, accepting Frederick Wacker’s, Jr., subdivi- sion, passed May 21, 1894. An Ordinance No. 8722, accepting Abbott, Rhoads and Morrison’s subdivision of lots 219 and 220 of Morrison Park, passed May 28, 1894. An Ordinance No. 8985, accepting Joseph F. Firestone’s and others’ subdivision of certain lots in the City of Columbus, Ohio, passed July 23, 1894. An Ordinance No. 9030, accepting John K. and James L. McDonald’s subdivision, passed July 30, 1894. | An Ordinance No. 9032, accepting Adam Reeb’s South High Street subdivision, passed August 20, 1894. An Ordinance No. 9195, accepting Humphrey and Hammond’s subdivision, passed August 31, 1894. An Ordinance No. 9191, accepting L. D. Davie’s Columbus Street sub- division, passed August 31, 1894. 214 REVISED ORDINANCES. [cH. 42 An Ordinance No. 8228, to accept B. F. Bowen’s subdivision of lots 47 and 48 of Chapman’s addition, passed August 31, 1894. An Ordinance No. 9345, accepting W. H. Harris’ subdivision, passed October 16, 1894. } An Ordinance No. 9482, accepting John Schmidt’s addition, passed November 19, 1894. An Ordinance No. 9457, accepting W.B. and E. F. Sthith’s West Broad Street subdivision, passed November 19, 1894. An Ordinance No 9574, accepting Walsh and Stone’s subdivision, passed December 10, 1894. An Ordinance No. 9575, accepting Andrew P. Creamer’s subdivision, passed December 24, 1894. An Ordinance No. 9671, accepting Karch and Lyon’s subdivision a part of the Robert Hasack farm, passed January 21, 1895. An Ordinance No. 9643, accepting John Stone’s Broad Street and Woodland Avenue subdivision, passed January 28, 1895. An Ordinance No. 9795, accepting Sherwood and Huling’s pat i- sion, passed February 11, 1895. An Ordinance No. 9910, accepting Matilda E. Lesquereux’s et al. second subdivision, passed April 8, 1895. An Ordinance No. 10054, accepting McCormick’s North Garrison subdivision, passed May 20, 1895. An Ordinance No. 10126, accepting John Zuber’s subdivision, passed June 3, 1895. An Ordinance No. 10163, aceapting David E. and Cora J. Neereamier’s subdivision, passed June 3, 1895. An Ordinance No, 10161, accepting Mary Dodge’s subdivision in the City of Columbus, Ohio, passed June 3, 1895. An Ordinance No. 10187, accepting Herman F. Schumacher’s subdi- vision, passed June 10, 1895. An Ordinance No. 10190, accepting Lucy A. Peters’ subdivision, passed June 17, 1895. An Ordinance No. 10236, accepting Carl K. Ott’s subdivision, passed July 1, 1895. CH: 43] STREET RAILROAD FRANCHISES. 215 am An Ordinance No. 10400, accepting C. B. and D. H. Cowan’s subdivi- sion, passed August 12, 1895. An Ordinance No. 10458, accepting L. B. Tussing’s South High Street addition, passed August 12, 1895, An Ordinance No. 10398, accepting Marietta Park’s et al. subdivision and dedication of Third street and certain alleys through part of lot No. 1, lots Nos. 2,3 and 4 of James W. and Louisa A. Durrett’s subdivision of lot No. 3, Morrill estate, passed September 2, 1895. An Ordinance No. 10507, accepting James Fullerton’s subdivision of lots 17, 18, 19 and 20 of Henry J. Rownd’s subdivision, passed Septem- ber 16, 1895. CHAPTER 43. STREET RAILROAD FRANCHISES. Subdivision 1—Franchises of lines operated by Columbus Street Railway Company. Subdivision 2—Franchises of lines operated by Columbus Ceatral Railway Company. Subdivision 3—Other Street Railway francbises. Subdivision 4—Street Index to Street Railway franchises. SUBDIVISION 1—FRANCHISES OF LINES OPERATED BY COLUMBUS STREET RAILWAY COMPANY. AN ORDINANCE Empowering “The Columbus Railroad Company” to construct and operate a Street Passenger Railroad on High and other streets in the City of Columbus. (Passed November 3, 1862.) Section 1. Be it ordained by the City Council of the City of Columbus, That “The Columbus Railroad Company,” consisting of John F. Bart- litt, Peter Ambos, Orin Backus, A. C. Headly, Jacob Reinhard, Theodore Comstock and John Miller, and those who may hereafter be associated with them, their successors and assigns, be, and they are hereby author- ized and empowered to lay down and construct a single track railway, with necessary turn-outs and switches, and run cars thereon for the trans- portation of passengers from North Public lane to South Public lane on High street, and from the Ohio Penitentiary on State avenue to Broad, up Broad to High, down High to Town street, and east on Town street to Fourth street, upon the terms and conditions hereafter set forth, and not otherwise. | 216 REVISED ORDINANCES. [CH. 43 (Section 2, as amended December 21, 1863.) Sec. 2. That said persons above named, or a majority of them, shall organize themselves, and such others as they may associate with them, into a corporation for the purpose named in the ordinance under tbe gen- eral laws of the State, within ninety days from the passage ot this ordi- nance, under and by the name and title of “ The Columbus Railroad Company,” and shall therefore proceed to carry out the construction and operation of the road hereinafter named, under and in accordance with said act of incorporation, and the laws of this State and this ordinance. The work on the routes of said road shall be completed by said company, and the cars begin running thereon on the route on High street, from North Public lane to South Public lane ,by the first day of September, 1863; and on the route from the Ohio Penitentiary on State avenue to Broad, up Broad to High, down High to Town, and east on Town street to Fourth street, by the first of January, 1865; and in default thereof, the exclusive right to build such route shall be for’eited; provided, however, that the failure of said company so to complete said route from the Ohio Penitentiary on State avenue to Broad, and up Broad to High street, and from Town street east to Fourth street, shall not be construed a for- feiture, nor in any wise affect the right of said company to have, use and enjoy the said route on High street between North and South Public lanes aforesaid, if completed within the time herein specified. And whenever the public convenience may, in the opinion of said company, render it expedient, the said company may, and they are hereby author- ized to lay down, construct and use an additional track on all or either of said routes; and for that purpose, and with a view hereafter to lay a double track on said routes, said company shall be, and are hereby em- powered and authorized so to locate, build and construct the said routes of their said road as to admit of the laying down and constructing an ad- ditional track, when deemed expedient, so as to make said route a double track railway, with all the necessary and proper side-tracks, turn-outs and switches as may be necessary and proper for a double track railway. Sec. 3. Any car driver, conductor, or agent or employe of said road who shall, in any way, violate any or either of the provisions of the fore- going section shall, upon conviction thereof before the Mayor, be fined in any sum not exceeding twenty dollars. Src. 4. Any failure by said railroad company to comply with the provisions of this ordinance, or with any general laws of the city regulat- ing the use of said street, or the police thereof, shall render such railroad CH. 43] STREET RAILROAD FRANCHISES. er7 company liable to said city in an action of damages for such violation, and upon recovery shall render the road and property of said company liable to be taken on execution and sold to satisfy the same; but in case of any sale of said road, the purchaser thereof shall be authorized to operate the same under the provisions of this ordinance. As soon as the parties named in this act, or a majority of them, shall have organized and incorporated themselves under the general laws of this State, named in the second section of this ordinance relating thereto, all the provisions of the same shall inure to the benefit of such incorporated company as fully and effectually as if such incorporated company was now organized and named therein. - §Sxc. 5. That this ordinance shall take effect from and after its passage, and the rights and privileges hereby granted to said railroad company shall continue for and during the term of twenty years there- after, and no longer. AN ORDINANCE Empowering “The Columbus Street Railroad Company” to construct, maintain and operate Street Passenger Railroads on certain streets, avenues and highways in the City of Columbus, and for other purposes. (Passed June 29, 1863.) Section 1. Be at ordained by the City Council of the City of Columbus, _ That Henry Miller, Theodore Comstock, John F. Bartlitt, ©. P. L. Butler, A. C. Headly, Peter Ambos and John L. Green, and those who may here- after be associated with them, and their successors and assigns, by the name of “The Columbus Street Railroad Company,” shall be, and they are hereby authorized and empowered to construct, lay down, maintain and operate street passenger railroads or ways, with single or double tracks, with all necessary turn-outs and switches, and to run cars thereon for the transportation of passengers and baggage through, along and upon the following streets, avenues and highways in the City of Columbus, that is to say: 1. Commencing in North Public lane where the same is intersected by High street, at the point of terminus of the track of the Columbus railroad ; thence north with, upon and along High street to northern limits of said City of Columbus. 218 REVISED ORDINANCES. [CH. 43 2. Commencing in South Public lane where the same is intersected by High street, at the point of terminus of the track of said Columbus railroad; thence south with, upon and along High street to the southern limits of said City of Columbus. 3. Commencing in Town street where the same is intersected by Fourth street, at the point of terminus of the track of said Columbus railroad; thence east with, along and upon Town street to East Public lane; thence north with, along and upon East Public lane to Broad street ; thence east with, upon and along Broad street to the eastern limits of said City of Columbus; and returning from the point where said road or track traverses Broad street at the intersection of East Public lane; thence west with, along and upon Broad street to High street, to the track of said Columbus railroad on said High street. (Section 2, as amended November 30, 1863.) Sec. 2. That the persons named in the first section of this ordinance, or a majority of them shall, together with such persons as they may as- sociate with them, complete the organization of said company as a cor- poration in conformity with the laws of Ohio, in such cases made and provided, within four months from the date of the passage of this ordi- nance, under the name and style of ‘The Columbus Street Railroad Company,” and shall thereafter, or so soon as they shall have so com- pleted such organization, proceed to construct and operate said several routes as herein provided, that is to say: The work on said route No. 1, from North Public lane to the toll-gate on the Columbus and Worthing- ton plank road (as said toll-gate is now located), shall be completed by said company, and they shall commence running cars thereon by the first day of January, 1865; the work on the residue of said route from said toll-gate to the northern limits of said city, shall be completed by said company, and they shall commence running cars thereon by the first day of January, 1865. The work on said route No. 2, from South Public lane to the southern limits of said city, shall be completed by said com- pany, and they shall commence running cars thereon by the first day of January, 1865. The work on said route No. 3, from the intersection of Fourth and Town streets, thence on Town street to East Public lane, thence on said Public lane north to Broad street, thence on Broad street west to High street, shall be completed by said company, and they shall commence running cars thereon by the first day of August, 1864. And the work on the remainder of said route, from the intersection of CH. 43 | STREET RAILROAD FRANCHISES. 219 East Public lane and Broad street, thence east on Broad street to the east- ern limits of said city, shall be completed by said company, and they shall commence running cars thereon by the first day of September, 1865, Andif said company shall fail so to complete said portions, or parts of any of said routes, as above specified, within the time limited for the completion of the same, the rights of said company to the use of such portion of such route so remaining uncompleted at the time specified, shall be taken and held to be forfeited; provided, however, that the failure of said company to complete any portion of such routes within the time specified, shall not be construed to interfere with, or in any manner affect the right of said company to have, and operate any other portions of said routes that shall have been completed within the time limited therefor. The plans and profiles, with the gauge and style of rail to be used on each of said routes, shall be filed with, and approved by the City Civil Engineer, and before adapted, approved by the City Council; and the said City Civil Engineer shall have supervision and control of the construction of the track of said routes respectively, so far as to pre- vent impediments to the ordinary use of the streets and avenues traversed by said tracks, or to prevent the free flow of water across or along the gutters in said streets and avenues, and to require said tracks to be laid on such grade, as is now, or may hereafter be established by the City Council, on such streets and avenues respectively, or for said track. Said company shall constantly keep in good order and repair, to the satisfac- tion of the City Council, that part of said streets and avenues included between the rails and between the tracks, and two feet on each side thereof, in the same manner that the remainder of said street or avenue may be kept. In case of failure by said company to comply with said requirements, whereby any impediments may arise in the ordinary use of said streets and avenues, or any obstruction be caused to the free: flow of water across, or along the gutters therein, as aforesaid, said company shall be liable to be fined in a sum not exceeding fifty dollars for each and every day such impediment or obstruction may continue; such fines to be en- forced and collected in the same manner as fines and penalties are en- forced and collected under the ordinances of said city; or said city shall have authority to stop the running of cars upon said route where such impediment or obstruction may occur, until the same shall be removed. (Section 3, as amended April 15, 1867.) Sec. 3, Said City of Columbus shall have, and hereby reserves the right to remove or obstruct, or cause the same to be done, any portion of 220 REVISED ORDINANCES. [ CH. 43 the track of said railroads, on any of the said routes, whenever it may be necessary so to do, for the purpose of laying down or repairing gas or water pipes, constructing or repairing sewers, drains, gutters or cisterns, repairing streets or avenues, or for any other work on said streets and avenues required to be done for the health, comfort or convenience of said city by said City Council, without being liable to said company for dam- ages arising therefrom; provided, that the running of the cars shall not be suspended for any of such purposes, if the same can be avoided, and such running shall not be delayed beyond a reasonable time for the ac- complishment of any such purposes by said city. Said city shall not be liable in any way to said company for any injury that may be done to the track or other work of said company, by means of breaking or over- flow of water from any sewer or drain, or from the breaking of any gas or water pipe, or by reason of the change in any grade of any street or avenue, or the track of said company, or by reason of any other work or improvement required to be done or made in said city. Said company shall be liable for, and shall hold and keep said city free and clear from all damages which may accrue to persons or property by reason of the constructing, maintaining, using or managing of any of said routes, or any part thereof, and said company shall save said City of Columbus harm- less from all damages which may arise to said city by reason of the oc- cupation by said company of any of said routes. Said company shall, in all respects, conform to all such regulations as may be, from time to time, prescribed by ordinance by said City Council, for the running of vehicles in the said streets and avenues occupied by the tracks of said company. Said company shall pay to said city for the privilege hereby granted, annually, the sum of five dollars per car of the average number of cars which said company shall run on each of said routes, or parts or portions thereof, above herein specified, to commence from the time said company shall commence running cars on any part or portion of said route, and payable annually thereafter at the office of the Treasurer of said city. Said company shall not use said railroad for any other purpose than the trans- portation thereon of passengers and their packages and baggage. Said company shall be authorized to demand, collect and receive for each pas- senger carried the entire length of any of said routes, or for any shorter distance thereon, the sum of seven cents, and no more, and for the carriage of packages or baggage of passengers such additional sum as may be justly proportionate to the said price herein allowed for carriage of passengers themselves. And any agent or employe of said company who shall CH. 43 | STREET RAILROAD FRANCHISES. 221 demand or receive any greater sums respectively than those above speci- fied shall, on conviction thereof before the Mayor of said city, be fined in any sum not exceeding fifty dollars. Said company, however, at all times, shall keep for sale and sell at convenient places along said routes, and each of them, tickets for single fares of passengers over said road, and shall sell the same in packages of five and upward at the rate of five cents per ticket. Sec. 4. Said company shall conform to the following rules and regu- lations in running their cars: No motive power, except horses or mules, shall be used, unless otherwise provided by an ordinance of said City Council. After sunset all cars, while runnirg, shall be provided with suitable signal lights. Cars driven in the same direction shall not ap- proach nearer to each other than one hundred feet, unless from unavoid- able necessity. No car shall be stopped upon a cross-walk, nor in front of any intersecting street, unless from unavoidable necessity; but when necessary to discharge or receive passengers, a car may be stopped so as to place the platform thereof partially over the crossing. No car shall be allowed to remain standing on the track for passengers, or for any other purpose, so as to impede any other vehicles; but shall be subject to all police regulations which are, or may be prescribed for vehicles, so far as practicable. Conductors and drivers of cars shall not permit women or children to enter or leave the car whilst the same is in motion. They shall keep vigilant watch for all vehicles, persons or obstructions upon or near the track, and shall give warning, or stop the car, if necessary, to prevent accident. The cars shall always be entitled to have the track; and drivers of all other vehicles obstructing the track, shall turn out and leave the same free on the approach of a car, so soon as practicable, and so as not to impede or delay such car; and any person neglecting or re- fusing so to do, when required, or who shall in any way unnecessarily obstruct, interfere with or injure said track, or any part thereof, or any car thereon shall, upon convietion thereof before the Mayor of said city, be fined in any sum not exceeding twenty dollars; but such conviction and fine shall not be construed to interfere with the right of said com- pany to prosecute a civil action for damages against any such offender. Any conductor, driver or employe of said company who shall in any manner violate the provisions of this section shall, on conviction thereof before the Mayor of said city, be fined in any sum not exceeding twenty dollars. Any failure of said company to comply with the provisions of this or any other ordinance of said city, relating to the use of the streets é rhe, REVISED ORDINANCES. [cH. 43 and avenues of said city, and the police thereof shall, in addition to the penalties prescribed in said ordinances, render said company liable to said city in a civil action for damages for any such violation; and the road and other property of said company shall be liable to be taken upon exe- cution, and sold to satisfy such damages as may be recovered in such ac- tion, or to pay any fine that may be assessed against said company; but. in case of any sale of any of said routes of said roads, the purchaser thereof shall be authorized to hold, use and operate the same, subject to all provisions of this ordinance. Src. 5. So soon as the parties named in the first section of this or- dinance, and their associates, shall have become organized as a corporation, under the provisions of the statute of Ohio in such cases made and pro- vided, all the provisions of this ordinance, and of all other ordinances of said city now in force, or hereafter passed, so far as the same may be ap- plicable, shall inure to the benefit of, and apply to said company. And the rights and privileges conferred by this ordinance shall be held, used and enjoyed by said company for and during the full term of twenty years from and after the date of the passage of this ordinance. (Section 6,as amended April 15, 1867.) Sec. 6. If, at any time, the said company herein named, and the Columbus Railroad Company, shall, in accordance with the provisions of the statute of Ohio in such cases made and provided, agree and become consolidated, the said consolidated or new company shall pay for the privilege conferred upon said companies, respectively, per car of the aver- age number of cars which said consolidated or new company shall run on any of its routes, or portions or parts of routes, the sum of five dollars annually, in the same manner as if said: companies had been originally one, anything in this or any other ordinance to the contrary notwith- standing ; said sum to be paid into the treasury of said city annually, from the date of such agreement of consolidation. And all other provi- sions, limitations, restrictions and penalties provided by this ordinance shall apply to said consolidation or new company, so far as the same may be applicable. ee ee CH. 43] STREET RAILROAD FRANCHISES. 223 AN ORDINANCE Extending the time for constructing, maintaining and operating Strezt Passenger Rail- roads on the streets and highways of the City of Columbus. (Passed December 26, 1864.) Section 1. _ Be it ordained by the City Council of the C.ty of Columbus, That all the rights and privileges granted to the Columbus Street Railroad Company, for constructing, maintaining and operating street passenger railroads on the streets of the City of Columbus, by the ordinance en- titled ‘An ordinance to amend an ordinance empowering the Columbus Street Railroad Company to construct, maintain and operate street pas- senger railroads on certain streets and highways in the City of Columbus,” passed November 30, 1863, and the ordinance entitled “ An ordinance to amend an ordinance supplementary to an ordinance empowering the Columbus Railroad Company to construct and operate street passenger railroads on certain streets in the City of Columbus,” passed December 21, 1863, be, and the same are hereby extended and continued in force until the first day of January, 1866, subject to all the restrictions imposed by the above named ordinances, and the ordinances to which they are amendatory and supplementary. AN ORDINANCE To amend Sections 3 and 6 of an ordinance entitled “,An ordinance empowering the Columbus Street Railroad Company to construct, maintain and operate Street Pas- senger Railroads on certain streets, avenues and highways in the City of Columbus, and jor other purposes,” passed June 29, 1863, and supplementary thereto. (Passed April 15, 1£67.) (for Sections 3 and 6 see pages 219 and 222.) Sec. 3. If, at any time hereafter, the City Council of Columbus shall deem it expedient to cause High street in said city between North Public lane and South Public lane, or any portion thereof now used and occupied by the railway tracks of the Columbus Street Railroad Company, to be graded for and paved with what is commonly designated the “ Nicholson pavement,” it shall be lawful for the City of Columbus, and upon reason- able notice to, and with the assent of said company and said City of Colum- bus, to take up and remove said track or tracks, switches and turn-outs on said street, cause the same to be properly graded, said pavement to be laid 16 224 REVISED ORDINANCES. and a single track of said railroad, together with a sufficient number of switches, turn-outs, etc., to be properly and substantially relaid over such street or part thereof as said company may designate, to the satisfaction and under the superintendence of said company, and wholly at the cost and expense of the City of Columbus, saving and excepting, however, the cost, exclusive of grading, of laying said pavement between the rails of said single track, which shall be paid by said company at the rate per square yard expended by the city for laying the same, the said company also furnishing all the iron rail and stringers or wooden sills necessary for relaying of said track, switches and turn-outs; and the City of Colum- bus shall deliver all the stringers, sills, ties, rails and materials composing said track, tracks, switches and turn-outs so taken up or removed by it to said company; and from and after said Nicholson pavement is so com- pleted, and said single track of said railroad is so relaid as aforesaid by said city, said company shall keep in order and repair that part, and that only, of said street included between the rails of said single track and switches co long as it shall use the same for its railroad, anything in this or any other ordinance of the city to the contrary not withstanding. The Columbus Street Railroad Company may, at its option, at any time hereafter, at its own cost and expense, take up and remove one track of its road south and north of the limits of the proposed Nicholson pave- - ment, with the understanding that it shall not, by this action, be deemed to have consented to the putting down of any new pavement on said routes north or south hereafter, nor shall they at any time be required to keep any portion of their road or street in repair except that portion between the rails of one single track; nor shall it be obligated to run its cars over the whole or any portion of its track, tracks, routes or road, leaving the street, or the portion of it from which the same may be re- moved, in as good order and repair as the remainder of said street. Whenever said City of Columbus shall commence the work of taking up and relaying said railroad tracks as aforesaid, said work shall be prose- cuted with energy and diligence to speedy completion, and in such manner as to impede the running of the cars of said company and impair its use of said tracks in as small degree as possible, and said track shall be relaid, as aforesaid, by said city, immediately upon the completion of said pavement or any portion thereof. Sec. 4. The provisions of the amended sections of the ordinance men- tioned in the first section hereof, as herein amended, shall apply and inure to the benefit of the Columbus Street Railroad Company as now organized, ev ae ee oe oe Se ee. ee ee ee ee ee Se eee ee ee ee ee ee a oe CH. 43] STREET RAILROAD FRANCHISES. 225 and said original Sections 3 and 6 of aforesaid ordinance be, and the same _ are hereby repealed, saving, however, any benefits, rights and privileges which have accrued thereunder to said railroad company. AN ORDINANCE Granting the consent of the City Council to the construction of Street Railroad in Friend street, by the Friend Street Railroad Company. (Passed July 13, 1868.) Srotion 1. Be tt ordained by the City Council of the City of Columbus, That the consent of the City Council of the City of Columbus is hereby given to the Friend Street Railroad Company, a corporation under the laws of the State of Ohio, to construct a street railroad in Friend street, in the City of Columbus, from High street east to the corporation line of said city, upon the terms, conditions and stipulations declared and em- bodied in the order of the Board of Public Works of the State of Ohio, of the date of May 28, 1868, granting the right of way to said Friend Street Railroad Company, for the construction and operation of a street railroad on the National road, from the east side of High street in said city, east to a point where the road leading to the County Fair Grounds in Franklin county intersects said National road. And the said City Council being satisfied that said railroad company has obtained, in writ- ing, the consent of a majority in interest of the owners of the lots abut- ting upon that part of Friend street in said city in which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such consent has been obtained, and is so filed; provided, the said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railway track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company; provided, also, the said City of Columbus shall not be liable in any way to said company for any damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade oF any of the streets of said city, or by reason of any other work or 226 REVISED ORDINANCES. gee feos Re, hc improvement required to be done by said City of Columbus; and pro- vided, the said company shall be liable for, and shall hold the said City of Columbus forever harmless from any and all damages which shali accrue to persons or property by reason of the construction, existence, use or management of said street railroad. The said railroad company shall, in all respects, conform to such general regulations as may, from time to time, be prescribed by the City Council of said City of Columbus, as to the running of vehicles in the streets of said city.. The said com- pany shall not use said road for any other purpose than the transporta- tion of passengers and their baggage and packages, and shall not charge more than seven cents for each passenger carried the entire length of said road within said city, or a shorter distance thereon; and for the carriage of packages and baggage of the passengers, such additional sum as may be justly proportionate to the said price herein allowed for carriage of passengers themselves, and said street railroad company shall sell tickets in packages of five and upward.at five cents for each ticket; and any agent or employe of said company who shall charge or collect any greater sum than as aforesaid, shall be fined in any sum not exceeding ten dollars, upon conviction thereof before the Mayor. The said railroad company shall observe the following regulations in running their cars upon said road within said city, to-wit: No motive power shall be used except horses or mules, unless otherwise allowed by city ordinance; and at dark, all cars while running, shall be provided with suitable signal lights. No cars shall be drawn at a greater speed than six miles per hour. Cars driven in the same dir-ction shall not approach nearer each other than one hundred feet, unless from unavoidable necessity. No car shall be al- lowed to stop upon a cross-walk, nor in front of any intersecting street unless from unavoidable necessity ; and when the conductor of any car is required to receive or discharge passengers, the car may be stopped so as to place the platform of the car slightly over the crossing. No carshall be allowed to remain standing upon the line of said route, for passengers, or for any other purpose, so as to impede any other vehicles, but shall be subject to all police regulations which are or may be prescribed in regard to other vehicles, as far as they may be applicable. The conductors and drivers of cars shall not allow any lady or child to enter or leave any car while in motion, and sha!l keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first ap- pearance of danger therefrom, shall give waraing, and stop the car, if necessary, to prevent accident. The cars shall always be entitled, to the CH. 43 | STREET RAILROAD FRANCHISES. 2577 track, and the driver of any vehicle obstructing the same shall turn out and leave the track free upon the approach of any car, as soon as practi- cable, and so as not to impede the car; and any person who shall refuse so to do when required, or who shallin any way unnecessarily obstruct or interfere with, or injure or destroy the track of said road, or the cars or other property of said company shall, upcn conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any car driver, conductor, agent or employe of said railroad company who shall, in any manner, violate any or either of the provisions of this ordi- nance shall, upon conviction thereof tefore the Mayor of said city, be fined in any sum not exceeding ten dollars. Any failure by said railroad company to comply with the provisions of this ordinance, or with any general ordinance of the city, regulating the use of said street, or the police thereof, shall render such railroad company liable to said city in an action of damages for such failure, and upon recovery, the road and property of said company shall be liable to be taken on execution and sold to satisfy the same; but, in case of any sale of said road, the pur- chaser thereof shall be authorized to operate the same under the provi- sions of this ordinance. That this ordinance shall take effect from its passage, and shall continue for, and during the term of the charter of said railroad company. Sec. 2. Nothing in this ordinance contained shall be taken or con- strued as implying any assumption by the City of Columbus of any ob- ligation whatever, to maintain or keep in repair the roadway of said Friend street within eaid city, so far as the same is a part of the National road. WHEREAS, On the 23d day of August, A. D. 1870, an ordinance was passed by the City Council of the City of Columbus, granting the right to use the streets and alleys along the certain specified route of the East Park Place Street Railroad Company, to the said railroad company ; and, Wuernas, Since said ordinance has passed, the City of Columbus has purchased by condemnation, certain pieces of property belonging to Franklin Gale. ——— Zeigler and the heirs of O. P. Tong, deceased, by which purchase certain alleys have been widened along the route of said railroad company ; now, in order that said railroad company may be au- thorized to use the necessary parts of the property so condemned and purchased for the proper aud necessary operation of their line of road, 228 REVISED ORDINANCES. [CH. 43 Be it ordained by the City Council of the City of Columbus, That Section 1 of the said ordinance, passed August 23, 1870, be amended to read as follows: (Passed August 21, 1871.) Section 1. Be it ordained by the City Council of the City of Columbus, That the consent of said City of Columbus is hereby given to the Kast Park Place Street Railroad Company, a corporation under the laws of the State of Ohio, to construct a street railroad, commencing on Long street at the intersection of High street; thence east on Long street to Seventh street; thence across Seventh street through the land purchased by said City of Columbus of Franklin Gale and ——— Zeigler, to Cleveland avenue ; thence across Cleveland avenue through East Long street to Wash- ington avenue; thence across Washington avenue by a proper curve, to be made under the direction of the City Civil Engineer, through the strip of land purchased by said city of the heirs of O. P. Tong, deceased, to Hast Park Place; thence through Hast Park Place to Albert street; thence across Albert street through lot No. 10 of Tallmadge’s addition to Monroe — avenue, as laid out in East Grove addition to the City of Columbus; thence ‘south on said Monroe avenue to Broad street; thence east on Broad street to the eastern limits of said city, upon the terms, conditions and stipula- tions declared and embodied herein; and the said City of Columbus being satisfied that said railroad company has obtained the consent in writing of a majority in feet front of the owners of lots abutting upon the streets through which said road is to be constructed, and that such con- sent is filed, and this Council hereby declares its satisfaction that such consent has been so obtained and is so filed. AN ORDINANCE Supplementary to an ordinance entitled “ An ordinance granting the consent of the City Council to the construction of a Street Railroad on Long and Broad streets, by the East Park Place Street Railroad Company. (Passed November 27, 1871.) Secrion 1. Be it ordained, That the consent of the City Council of the City of Columbus is hereby given to the East Park Place Street Rail- road Company to use steam as a motive power on said railroad, between CH: 43] STREET RAILROAD FRANCHISES. 229 pee High street and Albert street, in what is known as “ dummy engine; ’ said engines not exceeding five horse power each, and that coke or an- thracite coal only shall be used in generating steam in said engines, and that no such engine shall be run on said road, or any part thereof, at a greater rate of speed than six miles per hour. Src. 2. That whenever, for any reason, the City Council shall deem it inexpedient to permit the further use of steam as a motive power on said railroad, said Council may order the use thereof to be discontinued, and the same shall thereafter be discontinued ; and in such event the City of Columbus shall not be charged or held liable for any loss or dam- age of any kind whatever resulting therefrom to said street railroad com- pany, its lessees, successors or assigns. | Src. 3. Any failure of said railroad company to comply with any of the provisions of this ordinance shall render said company liable to said city in an action for damages for such failure, and the property, rights and franchises of said company shall be held subject to execution to satisfy any judgment said city may receive in such action. This ordinance shall take effect from and after the earliest period al- lowed by law. AN ORDINANCE Granting the consent of the City Council to the East Park Place Street Railroad Com- pany to extend their street railroad from Park Place avenue on Long and Mulberry streets. (Passed June 1, 1874.) SEecTION 1. Be it ordained by the Outy Council of the City of Columbus, That the consent of the City Council of the said city is hereby given to the East Park Place Street Railroad Company, a corporation under the laws of the State of Ohio, to construct a street railroad from the present terminus of said railroad eastwardly on Long street to Mulberry street, and from thence on said Mulberry street south to Broad street; and the said City Council being satisfied that said railroad company has obtained in writing the consent of a majority in feet front of the owners of the lots abutting upon that part of Long and Mulberry streets through which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such consent has been ob- tained, and is so filed. 230 REVISED ORDINANCES. [cH. 43 Sec. 2. Said railroad company, as to the said extension of said rail- road, shall be subject to all the provisions of the ordinance entitled “‘ An ordinance granting the consent of the City Council to the construction of a street railroad on Long and Broad streets, by the East Park Place Street Railroad Company,” passed August 238, 1870; provided, that said com- pany may charge an additional fare over said extension, not exceeding, however, ten cents for the entire length of said railroad ; provided, the City Council reserves the right to reduce the rate of fare at any time after five years from the date of this ordinance. Sec. 3. That this ordinance shall take effsct from its passage. AN ORDINANCE Granting the consent of the City Council to the Columbus Street Railroad Company to extend their road by constructing a continuation thereof on Goodale street and Neil avenue to the Agricultural and Mechanical College farm. (Passed November 16, 1874 ) Section 1. Be at ordained by the City Council of the Crty ef Columbus, That the consent of the City Council of the City of Columbus is hereby given to the Columbus Street Railroad Company to extend their road by constructing a continuation thereof on Goodale street and Neil avenue, in the City of Columbus, by the following described route, to-wit: Com- mencing at the present line of said company’s road on High street where it intersects with Goodale street; thence westerly in the center of Goodale street to its intersection with Neil avenue; thence northerly in the center of Neil avenue to the north end thereof, at the Agricultural and Mechan- ical College farm. ; And the said council being satisfied that a majority of the owners of the lots and lands abutting upon said Goodale street and Neil avenue, where said road is proposed to be extended, have given their consent in writing, for the construction of said road therein, and that such consent is filed with this Council, it hereby declares its satisfaction therewith, provided the said City of Columbus expressly reserves the right to re- move or obstruct, or authorize the same to be done, any portion of said railway track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of CH. 43] STREET RAILROAD FRANCHISES. 231 ie — cars ave a it can ow aed, without’ incurring any S Gehiaty for gaa to said company ; provided, also, the said City of Columbus shall not be liable in any way to said company for any damages it may sustain from the backing or overflow of water from any sewer or drain, or from the. breaking of any water pipe, or gas pipe, or by reason of any changes in the grade of any of the streets of said city, or by reason of any other work or improvement required to be done by said City of Columbus; and provided, the said company shall be liable for, and shall hold the said City of Columbus forever harmless from any and all damage which shall accrue to persons or property by reason of the extension, construction, existence, use or management of said street railroad. The said railroad company shall, in all respects, conform to such general regulations as may from time to time be prescribed by the City Council of said City of Columbus, as to the running of vehicles in the streets of said city. The said company shall not use said road for any other purpose than the trans- portation of passengers and their baggage and packages, and shall not use thereon any motive power other than horses or mules, and shall not charge more than seven cents for each passenger carried the entire length of their roads, from the north end of said Neil avenue to the south ter- minus of their High street road, or any lees or shorter distance thereon, including reasonable baggage, and said company shall sell tickets in pack- ages of five, and less than twenty-four, at five cents for each ticket, and twenty-four tickets for one dollar, and one hundred and twenty-five tickets for five dollars, and no charge to be made for children under the age of seven years, attending their parents, and any agent or employe of said company who shall charge or collect any greater sum than as afore- said shall be fined in any sum not exceeding ten dollars upon conviction thereof before the Mayor. The said railroad company shall observe the following rules, regula- tions and restrictions in running their cars upon their said road, within said city, to-wit: In the night, all cars while running, shall be provided with suitable signal lights. No car shall be drawn at a greater speed than six miles per hour. Cars driven in the same direction shall not approach nearer each other than one hundred feet, unless from unavoidable neces- sity. No car shall be allowed to stop upon a cross-walk, nor in front of any intersecting street, unless from unavoidable necessity ; and when the conductor of any car is required to receive or discharge passengers, the car may be stopped so as to place the platform of the car slightly over the crossing. No car shall be allowed to remain standing upon the line of 232 REVISED ORDINANCES. [CH. 43 — the route, for passengers, or for any other purpose, so as to impede any other vehicle, but shall be subject to all police regulations which are or may be hereafter prescribed in regard to other vehicles, as far as they may be applicable. The conductors and drivers of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom, shall give warning, and stop the car, if necessary, to prevent accident. The cars shall always be entitled to the track, and the driver of any vehicle ob- structing the same shall turn out and leave the track free upon the ap- proach of any car as soon as practicable, and so as not to impede the car. Any car driver, conductor, agent or employe of said railroad company who shall in any manner violate any or either of the provisions of this ordinance shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. The said Columbus Street Railroad Company are to lay down, make and complete said railroad, to the acceptance and approval of the City Civil Engineer of said city, within ninety days from the passage of this ordinance, and immediately on the completion of said railroad, shall place upon and keep running on said railroad, between the Agricultural College and the southern terminus of the Columbus Street Railroad, every day, at least once every halt hour between sunrise and sunset, and one car at least after sunset, the run- ning time to be so arranged as to meet the wants and use of the Agricul- tural College, as designated from time to time by the President of said college, and for such wants and uses, as well as for transportation ofall passengers and their reasonable baggage, over said railroad, a sufficient number of good, substantial, clean and commodious cars for the transpor- tation of passengers and their reasonable baggage, to be continued for the term of twenty years from the date of the passage of this ordinance, for which time this grant is given, and this grantis hereby extended to the road of said company on High street, so that said grant on High street shall be extended and continued so that it shall expire at the same time this grant expires, and all the rules, regulations and restrictions contained in this ordinance, are to apply to and be enforced against the said High street road. Said company shall make, construct and keep in order and repair, all that part of said street included between the rails of said tracks and switches, in the same manner and with like material as the said streets are constructed and repaired, so long as it shall use the same for its rail- road. Any failure of the said railroad company to comply with the pro- CH: 43] STREET RAILROAD FRANCHISES. 245 visions of this ordinance, or with any general ordinance of the city, reg- ulating the use of said streets or the police regulations thereof, shall render such railroad company liable to the said city in an action of damages for such failure, and the Council of said city, after giving said company twenty days’ notice, shall have the right to order any work to be done on said roads, necessary to keep them in repair, asrequired by this ordinance, and when said work is done, to charge the cost and expense thereof upon said railroad company, and upon recovery of such damages or upon such work being done, the said railroad shall be liable for the payment thereof ; and the road and property of said company or its assigns, shall be liable to be taken on execution, and sold to satisfy the same; but in case of any sale of said road, the purchaser thereof shall be authorized to operate the same under the provisions of this ordinance. Sec. 2, This ordinance shall take effect and be in force from and after its passage and publication according to law, and shall continue in force for and during the term of twenty years from and after its passage. AN ORDINANCE Granting the consent of the City Council to the construction of a Street Railroad in Broad street by the Glenwood and Greenlawn Street Railway Company. (Passed June 7, 1875.) Section 1. Be it ordained by the City Cowncil of the City of Columbus, That the consent of the City Council of the City of Columbus is hereby given to the Glenwood and Greenlawn Street Railway Company, a cor- poration under the laws of. this State, to construct a street railroad in Broad street in said City of Columbus from High street west to the cor- poration line of said city upon the terms, conditions and stipulations declared and embodied in the order of the Board of Public Works of the State of Ohio of the date of March 18, 1875, granting the right of way to said Glenwood and Greenlawn Street-Railway Company forthe construction and operation of a street railroad on the National road from the west side of High street in said city west to the “ Four-mile Houze,” so called, about four miles west of said High street, and the said City Council being satis- fied that said railroad company has obtained in writing the consent of a majority in feet front of the owners of the lots abutting upon that part of Broad street in said city in which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such consent has been so obtained and is so filed; provided, the said 234 REVISED ORDINANCES. [cH. 43 City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railway track wherever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company; provided, also, the said City of Columbus shall not be liable in any way to said company for any damages it may sustain from the breaking or overflowing of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade ot any of the streets of said city, or by reason of any other work or improvement required to be done by said City of Columbus; provided, the said company shall be liable for and shall hold said City of Columbus forever harmless from any and all damages which shall accrue to persons or property by reason of the construction, existence, use or management of said street railroad. The said railroad company shall in all respects conform to such general regulations as may from time to time be prescribed by the City Council of said City of Columbus as to the running of vehicles in the streets of said city. The said company shall not use said road for any other pur- pose than the transportation of passengers and their baggage and packages, and shall not charge more than five cents for each passenger carried the entire length of said road within the present limits of the said city, or a shorter distance thereon, and for the carriage of packages and baggage of passengers such additional sum as may be justly proportionate to the said price herein allowed for carriage of passengers themselves, and said company shall sell tickets of six and upward at four and one-sixth cents for each ticket; and any agent or employe of said company who shall charge or collect any greater sum than as aforesaid shall be fined in any sum not exceeding ten dollars, upon conviction thereof before the Mayor. The said railroad company shall observe the following regulations in running their cars upon said road within said city, to-wit: No motive power shall be used within said city, except horses or mules, unless other- wise allowed by city ordinance, and at dark all cars, while running, shall be provided with suitable signal lights. No cars shall be drawn at a greater speed than six miles an hour. Cars drawn in the same direction shall not approach nearer each other than one bundred feet, unless from unavoidable necessity. No car shall be allowed to stop upon a cross- walk nor in front of any intersecting street, unless from unavoidable necessity, and when any car is required to receive or discharge passengers wy CH: 43 | STREET RAILROAD FRANCHISES. 23 the crossing. No car shall be allowed to remain standing upon the line of said route for passengers or for any other purpose so as to impede any other vehicle, but shall be subject to all police regulations which are or may be prescribed in regard to any other vehicles as far as they may be applicable. The conductors and drivers of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions, and persons upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident. The cars shall always be entitled to the track, and the driver of any vehicle obstructing the same shall turn out and leave the track free upon the ap- proach of any car as soon as practicable, and so as not to impede the car; and any person who shall refuse so to do when required, or who shall in any way unnecessarily obstruct or interfere with or injure or destroy the track of said road, or the cars or any property of said road, or the cars or any property of said company, shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any car driver, conductor, agent or employe of said railroad company who shall in any manner violate any or either of the provisions of this ordi- nance shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any failure of said railroad company to comply with the provisions of this ordinance, or with any general ordinance of the city regulating the use of said street or the police thereof, shall render such railroad company liable to said city in an action of damages for such failure, and upon recovery, the road and property of said company shall be liable to be taken on execution and sold to satisfy the same, but in case of any sale of said road the purchaser shall be authorized to operate the same under these provisions. Thatthisordinance shall take effect from its passage, and shall continue for and during the term of the charter, provided that the said railroad company shall run its cars at regular intervals of not more than twenty minutes; provided further, that said railroad company shall keep in repair the roadway between the rails and switches to the satisfaction and acceptance of the Street Commissioner. The material used in said repair shall be the same as that used in the balance of the street, and in all cases where the city may order an improvement of said street where the same is fixed by as- sessment on the property fronting or abutting on said (street), the cost and expense of as much of said improvement as shall be between the rails 236 REVISED ORDINANCES. [CH. 43 of said track or switches shall be paid by said railroad company. The main track of said railroad shall be laid in the street under the direction of the City Civil Engineer, and shall conform to the grade of the streets as now established or may hereafter be established by the City Council of Columbus. AN ORDINANCE Granting the consent of the City Council to the construction of a Street Railroad in State, Oak, Seventh, Ferrara streets and Fair avenue, by the State and Oak Street Railway Company. (Passed June 7, 1875.) SEction 1. Be it ordained by the City Council of the City of Columbus, That the consent of the Council to the State Oak Street Railway Com- pany, a corporation under the laws of the State of Ohio, to construct a street railroad, commencing at the east side of High street on State street, thence east in State street to Seventh street, thence north in Seventh street to Oak street, thence east in Oak street to Ferrara street, thence north in said Ferrara street to Fair avenue, thence east in Fair avenue to the ' Fair Grounds, upon the terms, conditions and stipulations declared and embodied herein. And the said City Council being satisfied that said railroad company has obtained, in writing, the consent of a majority in foot front of the owners of the lots abutting upon that part of said streets and ave- nues through which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such consent has been so obtained and is so filed; provided, the said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railway track, whenever it shall be necessary, in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company. Provided, also, the said City of Columbus shall not be liable in any way to said company for any damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of any of the streets of said city, or by reason of any other work or improvement required to CH. 43 STREET RAILROAD FRANCHISES. 237 ——— be done by said City of Columbus; and, provided, the said company shall be liable for, and shall hold the said City of Columbus forever harmless from any and all damages which shall accrue to persons and property by reason of the construction, existence, use or management of said street railroad. The said railroad company shall, in all respects, conform to such general regulations as may from time to time be prescribed by the City Council of said City of Columbus, asto the running of-vehicles in the streets of said city. The said company shall not use said road for any other purpose than the transportation of passengers and their baggage and packages, and shall not charge more than five cents for each passen- ger carried the entire length of said road within said city, or a shorter distance thereon ; and for the carriage of packages and baggage of passen- gers such additional sum as may be justly proportionate to the said price herein allowed for carriage of passengers themselves, and said company shall sell tickets in packages of five and upward at five cents for each ticket ; and any agent or employe of said company who shall charge or collect any greater sum than aforesaid shall be fined in any sum not ex- ceeding ten dollars, upon.conviction thereof before the Mayor. The said railroad company shall observe the following regulations in running their cars upon said road within said city, to-wit: No motive power shall be used, except horses or mules, unless otherwise allowed by city ordinances ; and at dark all cars, while running, shall be provided with suitable signal lights. No car shall be drawn at a greater speed than six miles per hour. Cars driven in the same direction shall not approach nearer each other than one hundred feet, unless from unavoidable neces- sity. No car shall be allowed to stop upon a cross-walk nor in front of any intersecting street, unless from unavoidable necessity ; and when the conductor of any car is required to receive or discharge passengers, the car may be stopped so as to place the platform of the car slightly over the crossing. No car shall be allowed to remain standing upon the line of said route for passengers or for any other purpose so as to impede any other vehicles, but shall be subject to all police regulations whicb are or may be prescribed in regard to other vehicles as far as they may be appli- cable. The conductors and drivers of cars shail not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warn- ing and stop the car, if necessary, to prevent accident. The cars shall always be entitled to the track, and the driver of any vehicle obstructing 238 REVISED ORDINANCES [cH. 43 the same shall turn out and leave the track free upon the approach of any car as soon as practicable, and so as not to impede the car; and any person who shall refuse to do so when required, or who shall in any way unnec- essarily obstruct or interfere with, or injure or destroy the track of said road, or the cars or other property of said company shall, upon convic- tion thereof before the Mayor of said city, be fined in any sum not ex- ceeding ten dollars. Any car driver, conductor, agent or employe of said railroad company who shall in any manner violate any or either of the provisions of this ordinance shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any failure by said railroad company to comply with the provisions of this ordinance, or with any general ordinances of the city regulating the use of said street or the police thereof, shall render such railroad company liable to said city in an action of damages for such failure, and upon re- covery the road and property of said company shall be liable to be taken on execution and sold to satisfy the same; but in case of any sale of said road the purchaser thereof shall be authorized to operate the same under the provisions of this ordinance. Provided further, that said railroad company shall improve and keep in repair the roadway between the rail switches to the satisfaction and ap- proval of the Street Commissioner of said city, and in the same manner as the residue of the streets and avenues is from time to time improved and kept in repair. The material used in said improvement and repair shall be the same as that used on the balance of said streets and avenues, and in all cases where the city may order an improvement or repair of szid streets or avenues, when the cost and expenses of the same are paid by assessment on the property fronting or abutting on said: streets, the cost and expenses of so much of said improvement or repair as shall be be- tween the rails of said tracks or switches, shall be paid by said railroad company to the City of Columbus. Said improvement or repair shall be made by said railroad company on notice from the said’City Council of said city, and on failure of the said railroad company to make the same within the time specified by said Council, the Council may make the same and the said City of Columbus shall collect the cost and expense thereof from the said railroad company. The main track of said rail- road shall be laid in the center of said streets, under the direction of the City Civil Engineer, and shall conform to the grade of the streets and avenues as now established, upon notice by said council; and upon failure so to do in compliance with such notice, the council may cause the same — ee eS ee ee ee eee CH. 43 | , STREET RAILROAD FRANCHISES. 239 to be done, and in the name of said City of Columbus collect the cost and expense thereof from said railroad company. Provided further, the width of said track shall in no place exceed three feet six inches. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE To empower the East Park Place Railroad to extend its line of Street Railroad upon and over High and Broad streets. (Passed July 12, 1875.)° Section 1. Be it ordained by the City Council of the City of Columbus, That the consent of the City Council of said city is hereby given to the East Park Place Street Railroad to extend its line of road on to, and along High street south from Long street to the intersection of Broad street with said High street; thence east to, and along Broad street, thirty feet from the south line thereof for the distance of one hundred and fifty feet. ' Sec. 2.. Said Council being satisfied that a majority of the owners of lots and lands on the line of said proposed extension, represented by the feet front abutting on the part of the streets along which said road is pro- posed to be extended, have given their consent in writing for such ex- tension, and the construction of the track.therefor upon said streets, and that said consent is filed with the Council, the Council hereby declares its satisfaction therewith, and ordains that said East Park Place Street Railroad, to enable it fully to enjoy the franchise and privilege above granted, is hereby fully authorized and empowered to lay down, con- struct and use from said Long street on to, and along said High street to, and in front of said Broad street, and in a line parallel with the track of the Columbus Street Railroad Company, and at a uniform distance of two feet from the center of said High street on the east side thereof, a continu- ous track for its road, similar in all respects to the track now used by it on Long street; provided, that for a proper distance from the present terminus of its road at High-street, and its extension on to Broad street, it shall have reasonable distance in which to make its curves, and the connections between its tracks on the respective streets. And it shall Vy MW ty se cae 2 240 REVISED ORDINANCES. . [CH. 43 also have power to lay a double track for one hundred and fifty feet on Broad street from the intersection thereof with High street, the south rail of which shall be thirty feet north from the south side of said Broad street, and the north rail of which shall not be more than forty-five feet . from said south line. Sec. 3. And said Columbus Street Railroad Company shall, between said Long and Broad streets, move and change its track so that there shall de no turn-out or switch on its line between Long and Broad streets, and making reasonable allowance for the curvature necessary in changing the line thereof at either end of its line between said Long and High streets, shall be two feet west of the center of said High street, and if any expense shall accrue to it in so removing its line, changing its turn-out, and mak- ing its new connections, such reasonable expense shall be borne and paid by the Kast Park Place Street Railroad. And it is further provided that such changes in the line of the Columbus Street Railroad Company’s - track shall be made and completed, and the extension of the track of the East Park Place Street Railroad shall be completed within ten days after the new pavement, now under contract for said High street, shall have been completed upon that part of said street. Sec. 4. Said Hast Park Place Street Railroad shall bear and pay the cost of repairing so much of High street along the line of said extension as lies between the rails of such extension under the contract now in force for repairing High street; said costs to be in the ratio of the number of square feet between said rails to the number of square feet in the remainder of that portion of said street along which such extension is authorized, and such costs shall be totally paid to the owners of real property abutting on that part of High street lying between Long and Broad streets. Said East Park Place Street Railroad shall also at all times keep that portion of the street included between its rails for the distance.of such extension on both streets in good condition and repair in accordance with the tenor and spirit of such ordinances as are now, or may hereafter be in force for the government of the Columbus Street vailroad Company. And said Hast Park Place Railroad shall run its cars upon said extension and manage its road thereon in all respects in con- formity with the ordinances now in force for the conduct of said Hast Park Place Street Railroad, and said East Park Place Street Railroad shall charge or receive for fare through its entire line as extended, or any part thereof, no greater fare than it is now authorized by ordinance to charge and receive on its present line. | CH; 43] STREET RAILROAD FRANCHISES. 241 Src. 5. This ordinance shall take effect and bein force from and after its passage. AN ORDINANCE Granting the right of way through the tunnel under the Railroad tracks on North High street, to the Columbus Street Railroad Company, its lessees and assigns. (Passed December 6, 15875.) Section 1. Be it ordained. by the City Council of the City of Columbus, That the right of way through the tunnel under the railroad tracks on North High street be, and the same is hereby granted to the Columbus Street Railroad Company, its lessees or assigns, upon the following terms and conditions, to-wit: That if said railroad company, its lessees or as- signs, accepts this grant, it shall be upon the following express conditions: That any other street railroad company whose route may require or make: it expedient to pass through said tunnel, it shall have the right to use the track or tracks of said Columbus,Street Railroad Company in approaching and passing through said tunnel, upon such just and equitable terms and conditions as the Council may prescribe, and to that end they shall, if necessary, have the right to lay an additional rail, or any other improve- ment that may be necessary ; and trom the acceptance of this grant, and during its continuance, it shall be unlawful for the Columbus Street Rail- road Company, its lessees or assigns, to charge more than five cents single fare for the whole length of said road, from the City Park to the Agricultural College, or a shorter distance thereon; also, that no track or tracks shall be laid or used on the surface of High street between the north and south ends of said tunnel or its approaches; a!so provided, said Columbus Street Railroad Company, its lessees or assigns, shall be liable for, and shall hold the City of Columbus and the Union Depot Company forever harmless from any and all damages that may arise to persons or property by reason of the said Columbus Street Railroad Company, its lessees or assigns, using said tunnel under this grant; provided, that said City of Columbus, under this grant, shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railway track or tracks wherever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of cars when it can be avoided, without incurring any liability for damages to said 242 REVISED ORDINANCES. [CH. 43 Oe ee — company; provided, also, the said City of Columbus shall not be liable in any way to said company, its lessees or assigns, for any damages it may sustain from the breaking or overflow of water from any sewer, drain or gutter, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of any of the streets of said city or tunnel, or by reason of any other work of improvement required to be done by said City of Columbus; the said railroad company, its lessees or assigns, shall, in all respects, conform to such general regulations as may from time to time be prescribed by the City Council of ‘said City of Columbus, as to the running of vehicles in the streets of said city and tunnel; provided further, that said railroad company, its lessees or assigns, shall keep in repair the roadway between the rails to the satisfaction and acceptance of the City Civil Engineer; the material used in said repair shall be the same as that used in the balance of the roadways of said tunnel. and in all cases where the city may order an improvement of said roadways in said tunnel, the cost and expense of as much of said improvement as shall be between the rails of said track or tracks shall be paid by said railroad company, its lessees or assigns, at such times as the Council may prescribe; provided further, that the City of Columbus shall, in the first instance, within a reasonable time, make the entire roadway of the tunnel, includ- ing the approaches and the space between the tracks of said railroad, and upon its so doing, and in consideration thereof, the said Columbus Street Railroad Company, its lessees or assigns, upon the acceptance of this grant, shall pay to the City of Columbus the sum of one thousand dollars; provided further, a double track shall be laid the entire length of said tunnel and approaches; also provided, said railroad company, its lessees or assigns, shall lay its track or tracks through High street to the ap- proaches of said tunnel as the Engineer may direct, and shall leave said High street in as good repair and condition as they found it; provided further, that the grant shall cease and determine at the expiration of five years, at the option of the City Council, and if so terminated, the City of Columbus shall be at the expense of removing said tracks and replacing them upon the surface of the street. E Sec. 2. The ordinance entitled “An ordinance granting the right of way through the tunnel under the railroad tracks on North High street, j to the Columbus Street Railroad Company, its lessees or assigns,” passed November 29, 1875, be, and the same is hereby repealed. Sec. 8. This ordinance shall take effect from and after its passage : and publication according to Jaw. CH..43 | STREET RAILROAD FRANCHISES. 243 AN ORDINANCE Granting the consent of the City Council to the East Park Place Street Railroad Com- pany to construct a branch from their present line at the intersection of Eighth street to the United States Barracks. (Passed March 6, 1876.) Srcrion 1. Be it ordained by the City Council of the City of Columbus, That the consent of the City Council of said city is hereby given to the East Park Place Street Railroad Company, a corporation under the laws of the State of Ohio, to construct a branch from their main line on the route following, to-wit: Beginning at the intersection of Long and Kighth streets, and thence north in Kighth street to Mount Vernon avenue; thence easterly in Mount Vernon avenue to Washington avenue; thence north in Washington avenue to Buckingham street; thence west in Buckingham street to Highth street; thence south in Eighth street to the intersection thereof with Mount Vernon avenue, and connecting at said point with the line hereinbefore described; and said City Council being satisfied that said street railroad company has obtained, in writing, the consent of a majority in feet front of the owners of the lots abutting upon that part of said streets wherein said branch is to be constructed, and hereby declares its satisfaction that such consent has been so obtained and is so filed. Sec. 2. Said Kast Park Place Street Railroad Company, as to said branch shall be subject to all the provisions of the ordinance of said city entitled “An ordinance granting the conseat of the City Council to the construction of a street railroad in Long and Broad streets by the East Park Place Street Railroad Company,” passed August 23, 1870; provided, however, that said company shall not charge greater fare through its en- tire line, including said branch or any part thereof, than it is now author- ized to charge and receive on its present line. Provided further, that said railroad company shall keep in repair the roadway between the rails and switches to the satisfaction and approval of the Street Commissioner. The material used in said repair shall be the same as that used on the balance of the street; and in all cases where the city may order an im- provement of said street, where the same is paid by assessment on the property fronting or abutting on said streets, the cost and expense of so much of said improvement as shall be between the rails of said etrack or switches shall be paid by said railroad company. The main track of said railroad shall be laid in the center of said street, under the direction of 244 ‘ REVISED ORDINANCES. pale bey x the City Civil Engineer, and shall conform to the grade of the streets as now established or may hereafter be established by the City Council of Columbus. That this ordinance shall take effect from its passage, and shall con- tinue for and during the term of the charter of said railroad company. AN ORDINANCE Granting the consent of the City Council to the construction of a Street Railroad on High street, by the North High Street Railroad Company, for the term of twenty years. (Passed June 12, 1876.) Section 1. Be it ordained by the City Council of the City of Columbus, That the consent of the Council is hereby granted to the North High Street Railroad Company, a corporation under the ‘laws of the State of Ohio, to construct a street railroad, commencing at the north corporation line of said city on High street, thence southerly on said High street to a point where Naghten street in said city intersects said High street, upon the terms, conditions and stipulations declared and embodied herein; and said City Council being satisfied that said railroad company has obtained, in writing, the consent of a majority in feet front of the owners of the lots abutting upon that part of said High street along which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such consent has been so obtained and is so filed; provided, the said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or re- pairing water pipes, gas pipes, sewers, drains, gutters orcisterns, or for any other work required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for dam- ages to said company ; provided, also, the said City of Columbus shall not be liable in any way to said company for any damages it may sus- tain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of any of the streets of said city, or by reason of any other work or improvement required to be done by said City of Columbus; and provided, the said company shall be liable for, and shall hold the said City of Columbus harmless during the existence of this charter from any and all damages which shall accrue to persons or property by reason of the construction, existence, use or management of said street railroad. eS ee ae CH. 43] STREET RAILROAD FRANCHISES. 245 The said railroad company shall, in all respects, conform to such generah regulations as may from time to time be prescribed by the.City Council of said City of Columbus, as to the running of vehicles in the streets of said city. The said company shall not use the said road for any other purpose than the transportation of passengers and their baggage and packages, and shall not charge more than five cents for each passenger carried the entire length of said road within said city, or a shorter distance thereon, and for the carriage of packages and baggage of passengers such addi- tional sum as may be justly proportionate to the said price herein allowed for carriage of passengers themselves; and said company shall sell tickets in packages of five and upward at five cents for each ticket; and any agent or employe of said company who shall charge or collect any greater sum than as aforesaid shall be fined in any sum not exceeding ten dollars, upon conviction thereof before the Mayor. The said railroad company shall observe the following regulations in running their cars upon said road within said city, to-wit: No motive power shall be used, except horses or mules, unless otherwise allowed by city ordinances; and at dark all cars, while running, shall be provided with suitable signal lights. No car shall be drawn ata greater speed than six miles per hour. Cars driven in the same direction shall not approach nearer each other than one hun- dred feet, unless from unavoidable necessity. No car shall be allowed to stop upon a cross-walk nor in front of any intersecting street, unless from unavoidable necessity ; and when the conductor of any car is required to receive or discharge passengers, the car may be stopped so as to place the platform of the car slightly over the crossing. No carshall be allowed to remain standing upon the line of said route, for passengers or for any other purpose, so as to impede any other vehicles, but shall be subject to all police regulations which are or may be prescribed in re- gard to other vehicles as far as they may be applicable. No car or cars shall be used on said railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of pas- sengers; but such cars must always be subject to the satisfaction and ap- proyal of the sanitary inspector or health officer of said city, and the subse- quent use ofany such cars, while the same is disapproved of by such officer or inspector, shall render said company liable to said city in the penal sum of ten dollars for each and every offense. The conductors and drivers of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance 246 REVISED ORDINANCES. [cu. 43 of danger therefrom shall give warning and stop the car, if necessary, to prevent accident. The cars shall always be entitled to the track, and the driver of any vehicle obstructing the same shall turn out and leave the track free upon the approach of any car as soon as practicable, so as not to impede the car; and any person who shall refuse to do so when required, or who shall in any way unnecessarily obstruct or interfere with, or in- jure or destroy the track of said road, or the cars or other property of said company shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any car driver, conductor, agent or employe of said railroad company who shall in any manner violate any or either of the provisions of this ordinance shall, upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding ten dollars. Any failure by said railroad company to comply with the provisions of this ordinance, or with any of the general ordinances of the city regulating the use of said street or the police thereof, shall render such railroad company liable to said city in an action of damages for such failure, and upon recovery, the road and property of said company shall be liable to be taken on execution and sold to satisfy _ the same; but in case of any sale of said road the purchaser thereof shall be authorized to operate the same under the provisions of this ordinance. Provided iurther, that said railroad company shall keep in repair the roadway between the rails and switches to the satisfaction and approval of the Engineer and Committee on Railroads, in: the same manner and with the same material as the residue of said street is from’ time to time improved and kept in repair, and said repairs shall be made by said com- pany on notice from the City Council of said city; and on failure of said company to make the same within the time specified by said Council, said Council may make the same, and the said City of Columbus shall collect the cost and expense thereof from the said company. The track and switches of said railroad shall be laid on said street under the direction of the City Civil Engineer, and shall conform to the grade of said street, as now established, upon notice by said Council, and upon failure so to do, in compliance with such notice, the Council may cause the same to be done, and in the name of said City of Columbus collect the cost and expense thereof from said railroad company. Provided iurther, the width of said track shall in no place exceed three feet and six inches, and said road shall be completed within twelve months after the roadway of said High street shall be improved with a permanent pavement between the north corporation line of said city and said Naghten street; otherwiee this. CH.. 43 | STREET RAILROAD FRANCHISES. 247 — —— oe grant shall be null and void; provided, said company shall comply with the provisions of the ordinance granting the right of way through the tunnel to the Columbus Street Railroad Company. Src. 2. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE. (Passed April 14, 1879.) Be it ordained by the City Council of the City of Columbus, That the ordinance passed by the said City Council June 7, 1875, granting the consent of the City Council to the Glenwood and Greenlawn Street Railway Com- pany to construct a street railroad in Broad street, be so amended as to read as follows: Section 1. Beit ordained by the City Council of the City of Columbus, That the consent of the City Council of the City of Columbus is hereby given to the Glenwood and Greenlawn Street Railway Company, a cor- poration under the laws of this State, to construct a street railway in Broad street in said City of Columbus from High street to the west cor- poration line of said city, upon the terms, conditions and stipulations declared and embodied in the order by the Board of Public Works of the State of Ohio, of the date of March 18, 1875, granting the right of way to said Glenwood and Greenlawn Street Railway Company for the con- struction and operation of a street railroad of a three and one-hal!-foot gauge on the National road from the west side of High street in.said city west to the Four-Mile House, so-called, about four miles west of said High street; and the said City Council being satisfied that said railroad com- pany has obtained, in writing, the consent of a majority in foot front of the owners of the lots abutting upon that part of Broad street in said city through which said railroad is to be constructed, and that such consent is filed with this Council, hereby declares its satisfaction that such con- sent has been so obtained and is so filed. Sec. 2, The said City Council of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railway track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other work required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company. 248 REVISED ORDINANCES. [cH. 43 Src. 8. The said City of Columbus shall not be liable in any way to sa'd company for any damages it may sustain from the breaking or overfiow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any changes in the grade of any of the streets of said city, or by reason of any other work or improvement required to be done by said City of Columbus; and the said company shall be liable for, and shall hold the said City of Columbus forever harm- less from any and all damages which may accrue to persons or property by reason of the construction, existence, use or management of said street railroad. Sec. 4. The said railroad company shall, in all respects, conform to such general regulations as may from time to time be prescribed by the City Council of said City of Columbus, as to the running of vehicles in the streets of said city. SEc.5, Said company may use said road for the transportation of passengers and their baggage and packages, and also for transporting such baggage, packages and freight as may be required by the asylums and parties living along the line of said road. They shall not charge more than five cents for each passenger carried the entire length of said road within the present city limits of said city, or a shorter distance thereon, and for the carriage of packages and baggage of passengers such additional sum as may be justly proportionate to said price herein allowed for carriage of passengers themselves; and said company shall sell tickets in packages of five and upward at five cents for each ticket; and any agent or employe of said company who shall charge or collect any greater sum than as aforesaid shall be fined in any sum not exceed- ing ten dollars, upon conviction thereof before the Mayor. Sec. 6. The said company shall observe the following regulations in running their cars upon said road within said city, to-wit: No motive power shall be used, except horses or mules, unless otherwise allowed by city ordinances; and at dark all cars, while running, shall be provided with suitable signal lights. Sec. 7. No car shall be driven at a greater speed than six miles per hour. Sec. 8. Cars driven in the same direction shall not approach nearer each other than one hundred feet, unless from unavoidable necessity. Sec. 9. No car shall be allowed to stop upon a cross-walk nor in front of any intersecting street, unless from unavoidable necessity; and when the conductor of any car is required to receive or discharge pas- a oS ae = ‘ ee pa a ks CH. 43) STREET RAILROAD FRANCHISES. 281 And the said City Council also hereby gives its consent to the change of gauge of said tracks from three feet six inches to a width of five feet two inches. Said track may be laid as single track with turn-outs where nec- essary to its convenient operation, or double track in whole or in part. Src. 2. Said company shall at all times conform to such rules and regulations as may from time to time be made by the Council as to rate of speed it may run its cars. Whenever the City Council shall provide by ordinance for sweeping and cleaning the roadway and assessing the cost of the same on the property abutting thereon, the railway company shall pay for that part lying between the rails of their tracks whenever and only so long as the motive power used shall be exclusively that of: horses or mules. ‘Src. 3. Said railway company shall at all times hereafter defend, keep harmless and indemnify the City of Columbus from any and all damages, lawful claims and demands for injury to persons or property, costs and expenses, to which said city may be subject or made liable by any proceeding in law or equity or otherwise growing out of the grantsor privileges in this ordinance contained, or out of the exercise or enjoyment of the same by said company. Sec. 4, Nothing contained in this ordinance shall in any wise re- lease or relieve said company from compliance with, and this grant is made subject to existing ordinances regulating said Glenwood and Green- lawn Street Railway Company. Sec. 5, This ordinance shall take effect.and be in force from and after its passage and publication according to law, upon the filing with the Clerk of the City Council the written acceptance of the terms of this ordinance by the President and Secretary of said railway company. AN ORDINANCE NO, 5683. Granting the consent of the Council of Columbus, Ohio, to the Columbus Consolidated Railroad Company to extend and operate its Street Railroad in Schiller street from Bruck street to Parsons avenue, (Passed July 7, 1890.) Swovion 1. Be tt ordained by the Council of Columbus, Ohio, That the consent of said Council be and the same is hereby granted to the Colum- bus Consolidated Street Railroad Company to extend, operate and main- 282 REVISED ORDINANCES. [cH. 43 tain a street railroad, with single or double tracks, with all necessary switches and turn-outs, in Schiller street from Bruck street to Parsons avenue, upon the came terms and in accordance with the same provisions, conditions and limitations prescribed in the ordinance passed on the 18th day of February, 1889, granting the consent of said Council to said com- pany to construct, maintain and operate a street railroad in said Schiller street from High street to Bruck street. . Sec. 2. The franchise granted by the provisions of Section 1 of this ordinance shall be limited in time and shall expire at the same time that the franchise expires that was granted to said company by said ordinance passed on the said 18th day of February, 1889. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 5815. Granting consent to the laying of a double track by the Columbus Consolidated Street Railroad Company on Main street from Parsons avenue to Rose avenue. (Passed November 17, 1890 ) Section 1. Be it ordained by the City Council of the City of Columbus, — Ohio, That the Columbus Consolidated Street Railroad Company having presented to said Council a written consent of a majority of feet front of the owners of the lots abutting upon Main street between Parsons avenue and Rose avenue in said city, to the laying of a double track on that part of said street, and such consent being now on file, and said Council being satisfied that said consent has been so obtained and is so filed, the consent of said City Council is hereby given the laying of a double track on said street between the points named, by said street railroad company. Sec. 2. The Columbus Consolidated Street Railroad Company shall pay the cost and expense of paving that portion of the street between lines drawn one foot outside the outer rails, with the same material and workmanship as the other portions of said street. Sec, 3. Nothing in this ordinance shall in any wise work an exten- sion of the charter of the said railway company. Sec. 4. This ordinance shall take effect and be in force upon and after its passage. CH. 43] STREET RAILROAD FRANCHISES. 283 AN ORDINANCE NO. 5928. Granting the consent of the City Council to the Glenwood and Greenlawn Street Rail- way Company to construct, maintain and operate a Street Railroad in Broad street from the present terminus of said road to the west corporation line. (Passed December 1, 1890.) Wuergas, The Glenwood and Greenlawn Street Railway Company has filed with the City Clerk the consent, in writing, of a majority in feet front of the owners of property on Broad street from the present terminus ° of said railroad to the west corporation line, to the laying of and main- taining and operating a street railroad between the points named; now, therefore, Section 1. Be at ordained by the City Council of the City of Columbus, That the consent of the City Council of said city is hereby given to the Glenwood and Greenlawn Street Railway Company to construct, main- tain and operate a street railroad in Broad street from the present terminus of said railroad to the west corporation line. Src. 2. That in running its cars on said road the said company shall be allowed to use electric motors, gas engines or cable traction, and for such purposes shall have the right to erect and maintain on said street the necessary poles, wires, fixtures or conduits and cable, and their ap- purtenances, and any and all other appliances and apparatus to success- fully operate its said railway by such methods or either of them. Said tracks may be laid as single track with turn-outs, where necessary, to its convenient operation, or double track in whole or in part. Sec. 3. The said company shall be governed by all the conditions, limitations and restrictions contained in ordinance No. 5558, passed April 28, 1890, and this shall not work as an extension of said charter. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law, upon the filing with the City Clerk the written acceptance of the terms of the ordinance by the President and Secretary of said company. 284 REVISED ORDINANCES. AN ORDINANCE NO. 6197, Author zing the Columbus Consolidated Street Railroad Company to construct and maintain a Street Railroad on Main street from Rose avenue to Alum creek. (Passed May 11, 1891.) Seorion 1, Be tt ordained by the City Couneil of the City of Columbus, That the Columbus Consolidated Street Railroad Company, its successors and assigns, is hereby authorized and empowered to construct, maintain ‘and operate a single or double track street railroad, with all necessary switches and turn-outs, on Main street from Rose avenue to Alum creek. Sec. 2. Tne work of laying said railroad track shall proceed as rap- idly as possible to keep pace with the progress of paving said streets between said points; but nothing herein contained shall be tonstrued to hold said The Columbus Consolidated Street Railroad Company liable for any portion of the improvement of said street made under a contract en- tered into between the City of Columbus and the Ohio Paving Company, on the 29th day of July, 1890. Sec. 3. After the completion of the contract mentioned in Section 2, said company, its successors and assigns, shall, at its own cost and ex- pense, construct, maintain and keep in good order and repair the entire space between the outer rails of its said tracks and between the points above named, a pavement of the same material and quality as that with which the remainder of the street, between the points above mentioned, is paved. Sec. 4 Said street railroad between the points above named, shall be operated under the same regulations, corditions and obiigations as the street railroad on said street between Rose avenue and High street, except that the said The Columbus Consolidated Street Railroad Company, its successors or assigns, shall be required to run only such cars and at such intervals of time and headway as the said The Columbus Consolidated Street Railroad Company shall determine. Sec. 5. That an ordinance entitled ‘‘An ordinance No. 6177, au- thorizing the Columbus Consolidated Street Railroad Company to con- struct and maintain a street railroad on Main street from Rose avenue to Alum creek,” passed May 4; 1891, be and the same is hereby repealed. Sec. 6. This ordinance shall take effect and be in torce from and after its passage and publication, and the filing with the City Clerk of the written acceptance of its terms by the said The Columbus Consoli- dated Street Railway Company. tats eS ee ae ee CH. Asa x STREET RAILROAD FRANCHISES. 285 AN ORDINANCE NO. 6706. Granting permission to the Columbus Consolidated Street Railroad Company to extend their track on Chestnut street from High street to Fourth street and on Fourth street from Chestnut street to Chittenden avenue. (Passed January 25, 1891.) Wuereas, An extension of the track of the Columbus Consolidated Street Railroad Company on Chestnut street from High street to Fourth street and on Fourth street from Chestnut street to Chittenden avenue, - is considered desirable by the City Council of the City of Columbus, and by said Council deemed beneficial to the public; and, WHergEAS, Said Columbus Consolidated Street Railroad Company has obtained the written consent of a majority of the property holders on each of said streets between the points mentioned, represented by the feet front of the property abutting on said streets on which it is proposed to extend said railroad; now, therefore, Seorion 1. Be zt ordained by the City Council of the City of Columbus, That permission be and is hereby granted to the said Columbus Con- solidated Street Railroad Company to extend their tracks and to main- tain and operate their railroad on Chestnut street from High street to Fourth street and on Fourth street from Chestnut street to Chittenden avenue, and for the purposes of the said railroad to occupy and use the bridge over the railroad tracks on said Fourth street. Src. 2. That the foregoing grant shall be for a term of twenty five years, and shall be subject to all the terms and conditions herein con- tained. > Sec. 3. That said extension may be operated by electricity, cable or other improved motive power that may hereafter be found adapted 10 the operation of street railroads; and said company may lay and operate single tracks or double tracks as it may deem necessary or proper. Sec. 4. Said company, its successors and assigns, shall keep in re- pair all that portion of said streets which is included within the outer rails of said track, and one foot outside thereof; and if the City Council shall at any time order the improvement of the roadway of said streets or either of them by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt or other like material, the said company shall lay down, at its own expense, on the portion occupied by them, and one foot outside of the outer rails of its said track, a pavement of the same material; and if on either of said streets a pavement has already been 286 REVISED ORDINANCES. [cu. 43 laid, and an assessment therefor placed upon the tax duplicate, said com- pany shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the proportion the space occupies by their tracks, and one foot outside of the outer rails of the same bears to the whole width of said pavement; and when any portion of said assessments has already been paid, these shall be refunded by said company to the respective owners of the property against which the said assessments were levied, such proportion of the amounts paid by them, respectively, as will equal the proportion which the space occupied by their tracks, and one foot outside of the outer rails of the same bears to the whole width of the said pavement; such payments to be made before said pave- ments are disturbed by said company, and upon presentation of certificate to the correctness of the respective amounts signed by the City Engineer and City Solicitor. Sec. 5. The tracks of said company shall be laid upon the grades fixed by the City Engineer, and in case of street improvements ordered by the City Council said company, in laying its track, or relaying the same, if it shall be necessary, shall keep pace with the progress of the work of said improvement, so that the same shall not be hindered or de- layed; and in case of failure by said company to proceed with. the con- struction of its track, or the paving of the space between, and one foot outside of its outer rails, as above provided for, the Board of Public Works may cause the same to be done, and the cost and expense thereof shall be paid by said company upon the certificate of the City Civil Engineer. Sec. 6. Said track shall be of standard gauge of the width of five feet two inches, and the rails used shall not be less than fifty pounds per yard in weight. The space between lines of double track shall not exceed four feet. Src. 7. The said company shall be liable for, and shall hold the said City of Columbus harmless during the period of this ordinance from any and all damages, costs or expense that shall accrue or happen to persons, corporations or property by reason of the construction, use, management or operation of the line of street railroad mentioned herein. Sec. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of the change in the grade of any of the streets of said city, or by reason of any other work or improvement required to be done by said City of Columbus. CH.43\ STREET RAILROAD FRANCHISES. 287 a Src. 9. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other public work or improvement required to be done by said city, without incurring . any liability for damages to said company, and the running of cars shall not be disturbed where it can be avoided. Sec. 10. The conductors and motormen shall not allow any woman or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warn- ing and stop the car, if necessary, to prevent accident, and either the motorman or conductor: must always be on the front platform while the car is in motion. . Sec. 11. Said company shall at all times conform to such rules and regulations as may from time to time be made by the City Council as to the rate of speed it may run its cars, and while the cars of said company are in motion, or about to start, warning shall be given by bell or other- wise to notify persons of any immediate or approaching danger. Sec. 12. Said company shall have the right to erect and maintain poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that in the opinion of said City Council shall be found necessary, Atand after dark all cars,while running, shall be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said extension, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed in regard to other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of the passengers. Sec. 18. Cars shall be run by said company, its successors and as- signs, at intervals not longer than fifteen minutes, unless prevented by unavoidable casualty; and cars shall be operated regularly on said ex- tension to Chittenden avenue from 6 o’clock a. m. till 10 o’clock Pp. ., and to Fifth avenue from 6 o’clock a. m, till 11 o’clock p. ., and after five years from the passage of this ordinance cars shall be operated to Fifth avenue till 12 o'clock midnight, and to Chittenden avenue till such hour as the Council may deem proper. 20 288 REVISED ORDINANCES. [CH. 43 Sec. 14. Said company shall not charge greater fare over their entire line, including the extension herein provided for, than they are now authorized to charge on the present line. Src. 15. Said company shall have attached to its cars, and sound while in motion, an automatic alarm or signal bell so as to give warning of the approach of its cars. Sec. 16. Said company shall operate its cars, under the terms of this ordinance, from the northern terminus of this extension upon Fourth street to Chestnut street, upon Chestnut street from Fourth street to High street, and upon High street from Chestnut street to the Franklin County Court House as a continuous route, for one fare and without the transfer of passengers. Sec. 17. Said company shall pay to the City of Columbus the cost and expense of the construction of the double track recently laid on the Fourth street bridge, and shall relieve the city from any liability what- ever to the contractor for material furnished or labor performed in such construction, and in addition thereto, shall pay to the City of Columbus the sum of two hundred and fifty dollars per annum during the period of this franchise, for the privilege of using the bridge over the railroad tracks on said Fourth street herein granted to said company. Said sum to be paid on the first Monday in January of each year to the City Auditor or other proper officer of the said city. Sec. 18. Nothing in this ordinance contained shall be held or con- sidered to be an extension or prolongation of any franchise or privilege heretofore granted by the City of Columbus to said company, nor shall anything in this ordinance contained be held or considered to be an ex- clusive grant to the use of the Fourth street bridge nor of the tracks here- tofore constructed thereon, but on the contrary it is understood and agreed and hereby especially provided that the Columbus Electric Rail- road Company, or any other street railroad company having been duly authorized to construct a line of street railroad through and upon the streets of the City of Columbus, shall have the right to use and occupy the tracks upon and over the said Fourth street bridge, upon payment to the said Columbus Consolidated Street Railroad Company of a sum 0; money equal to one-half the original cost of the construction of the samef and it is further provided herein, and the privileges contained in this ordinance and granted and accepted upon condition that any street car company so using and occupying said tracks jointly with the said Colum- bus Consolidated Street Railroad Company as above provided, over said Nee ieee eS aie Sd CH. 43] STREET RAILROAD FRANCHISES. 289 bridge, shall also have the right to use and occupy in addition thereto the tracks of said Columbus Consolidated Street Railroad Company upon Fourth street between Chestnut street on the south and Goodale street on the north, upon payment to said Columbus Consolidated Street Rail- road Company of such reasonable compensation as the City Council shall prescribe, unless agreed upon by the parties, it being understood that the provisions of Section 3438, R. 8. O., shall not apply to that portion of the street railroad described in this ordinance lying between Chestnut street on the south and Goodale street on the north, in so far as said Section 3438 may prohibit one street car company from using the tracks of another company to a greater extent than one-eighth of the continuous route of such company so using and occupying said tracks of another company, it being intended and hereby understood that the tracks of the said Co- lumbus Consolidated Street Railroad company, to be constructed under this ordinance on Fourth street between Chestnut street on the south and Goodale street on the north, shall be under control of the city authorities, and said city authorities shall have the power to grant the right to any other company to use said portion of said street railroad without regard to said provision of said Section 3438. Sec. 19. Said company shall begin the construction of that portion of said extension on Fourth street between Naghten and Booth streets whenever ordered so to do by the City Civil Engineer, and shall prosecute the work in such manner as,to not in any way delay the improvement of the roadway of said Fourth street now in process of construction between the points named, and shall have the whole of said extension completed and in operation on or before September 1, 1892, unless delayed or pre- vented by the action of the city authorities of said city; otherwise‘all rights and franchises herein and hereby granted shall lapse and become null and void. Src, 20. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council the written acceptance of the terms of this ordinance by the President and Secretary of said railroad company. 290 REVISED ORDINANCES. [ cH. 43. AN ORDINANCE NO. 6652. To regulate the speed of cars on the Glenwood and Greenlawn Street Railway. (Passed January 4, 1892.) Section 1. Be tt ordained by the City Council of the City of Columbus, That from and after the passage of this ordinance the Glenwood and Greenlawn Street Railway Company be and is hereby authorized and per- mitted to run its cars at the rate of speed herein provided. Src. 2. The rate of speed with which speed of cars may be run on said railroad shall be as follows: From High street to Davis avenue the rate of speed, including stops, shall not exceed eight miles per hour. From Davis avenue to the western terminus of said road the rate of speed, including stops, shall not exceed fourteen miles per hour. Sec. 38. This ordinance shall take effect from and after its passage and publication according to law. AN ORDINANCE NO. 6809, To regulate the speed of cars on the Columbus Consolidated Street Railroad. (Passed March 14, 1892.) Section 1. Be it ordained by the City Council of the City of Columbus, That from and after the passage of this ordinance the Columbus Consoli- dated Street Railroad Company be and is hereby authorized and per- mitted to run its cars at the rate of speed herein provided. Src. 2. The rate of speed with which cars may be run on said rail- road shall be as follows: On High street between Goodale street and Mound street the rate of speed, including stops, may equal but shall not exceed eight miles per hour. On High street, except between the points herein above named, and on all other streets the rate of speed, including stops, may equal but shall not exceed fourteen miles per hour. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publieation according to law. 08 & le 43 | STREET RAILROAD FRANCHISES, ~ 291 AN ORDINANCE NO. 6860. Granting permission to the Columbus Consolidated Street Railroad Company to construct a double track on Oak street between the first alley east of Parsons avenue and Eighteenth street. (Passed April 6, 1892.) Wuereas, The Columbus Consolidated Street Railroad Company has obtained the written consent of a majority of the property holders on Oak street between the first alley east of Parsons avenue and Eighteenth street, represented by the feet front of the property abutting on said Oak street, to the construction of a double track on said street between the points mentioned, and has filed such consent with the City Clerk; now, therefore, Secrion 1. Be it ordained by the City Council of the City of Columbus, That permission be and the same is hereby granted to the Columbus Con- solidated Street Railroad Company to construct a double track upon Oak street between the first alley east of Parsons avenue and Highteenth street, such double track to be constructed, maintained and operated under and subject to all the terms, conditions and regulations contained in the ordinance of the City of Columbus entitled “An ordinance grant- ing the consent of the City Council to the construction of a street rail- road in State, Oak, Seventh and Bruce streets and Fair avenue by the State and Oak Street Railway Company,” passed March 18, 1882. Sec. 2. This ordinance shall in no wise operate as an extension of the period of the franchise granted to the State and Oak Street Railway Company by said ordinance of March 13, 1882. Src. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO, 6895. ‘Granting the consent of the Council to the Columbus Consolidated Street Railroad Com- pany to extend, construct, maintain and operate a double track street railway on High street from Hanford street to the south corporation line. (Passed June 20, 1892.) Wuereas, Said Columbus Consolidated Street Railroad Company has obtained the written consent of a majority of the property holders on High street between the points mentioned, represented by the feet 292 REVISED ORDINANCES. [cH. 43 front of the property abutting on said street on which it is proposed to extend said railroad; now, therefore, SecTIon 1. Be it ordained by the Council of the City of Columbus, Ohio,. That the consent of said Council be and the same is hereby given to the Columbus Consolidated Street Railroad Company to construct, maintain and operate a double track street railway on High street from Hanford street to the south corporation line in said city, upon the same terms and subject to each and all of the conditions under which it is at present oper- ating its railway between said Hanford street and Livingston avenue, and upon the further condition that the said company shall operate its said road between Hanford street and the south corporation line in said city with electricity, or any modern motive power equivalent thereto, except that the said company shall be required to run only such cars upon such extension as said company shall determine; provided, that intervals of time between said cars shall not exceed eighteen minutes. Sec. 2. That said company, whenever said part of said High street shall be improved under the authority of the Council of said city, be re- quired to pay for that part of said improvement that shall lie between lines drawn one foot from the outer edge of the outer rails of the tracks of said railroad, and shall further be required to keep said part of said im- provement in good condition and repair. That said pavement so to be made for the said improvement shall be made at the times and in the manner that shall be provided by ordinance for the payment of the other part of said improvement by the abutting property owners. Sec. 3. That the franchise hereby granted shall expire at the expi- ration of the franchise granted to said company by this Council on Chest- nut and Fourth street, Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council of the written acceptance of the terms of this ordinance by the President and Secretary of said railroad company. 2 ‘ 23 a : gs ia (Se) CH. 43 | STREET RAILROAD FRANCHISES 29 AN ORDINANCE NO. 7078. Granting the consent of the Council to the Columbus Street Railway Company to ex- tend, construct, maintain and operate a double track Street Railway on Livingston avenue from High street to Kelton avenue, (Passed June 27, 1892.) WueErEAs, Said Columbus Street Railway Company has obtained the written consent of a majority of the property owners on Livingston avenue between the points mentioned, represented by the feet front of property abutting on said street on which it is proposed to extend said street railroad; now, therefore, Section 1. Be tt ordained by the Council of the City of Columbus, Ohio, That the consent of said Council be and the same is hereby given to the Columbus Street Railway Company to construct, maintain and operate a double track street railway on Livingston avenue from High street to Kelton avenue, upon the same terms and subject to each and all of the conditions under which it is at present operating its railway between Livingston avenue and Hanford street, and upon the further condition that the said company shall operate its said railway on Livingston avenue between High street and Kelton avenue in said city with electric- ity, or any modern motive power equivalent thereto, except that the said company shall be required to run only such cars upon this extension at such intervals of time as said company shall determine; provided, that intervals of time between said cars shall not exceed eighteen minutes between the Union Depot and Oakwood avenue, and between Oakwood avenue and the eastern terminus of the line at such intervals of time as said company shall determine. Sec. 2, That said company, whenever said Livingston avenue shall be improved between the points mentioned under the authority of the Council of said city, be required to pay for that part of said improvement that shall lie between the outer edge of the outer rails of the tracks of said railroad, and shall further be required to keep said part of said im- provement in good condition and repair. That said payment so to be made for the said improvement shall be made at the time and in the manner that shall be provided by ordinance for the payment of the other part of said improvement by the abutting property owners. Sec, 3. That the franchise hereby granted shall expire twenty-five years after the passage and publication of the ordinance. 204 REVISED ORDINANCES. “6 AS Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the City Clerk of the written acceptance of the terms of this ordinance by the President and Secretary of said railway company. AN ORDINANCE NO. 7110. Granting permission to the Columbus Street Railway Company to extend its tracks on Kelton avenue between Main street and Livingston avenue. (Passed July 25, 1892.) WHEREAS, An extension of the tracks of the Columbus Street Rail- way Company on Kelton avenue between Main street and Livingston avenue is considered desirable by the City Council of the City of Colum- bus, and by said Council deemed beneficial to the public; and, Wuereas, Said Columbus Street Railway Company has obtained the written consent of a majority of the property holders on said Kelton avenue between Main street and Livingston avenue, prepresented by the feet front; now, therefore, Section 1, Be at ordained by the City Council of the! City of Columbus, Ohio, That permission be and is hereby granted to the said Columbus Street Railway Company to extend its tracks and to maintain and operate its railroad on Kelton avenue from Main street to Livingston avenue said railroad to be constructed with a single track with suitable switches and turn-outs. Src. 2. That the foregoing grant shall be for the term of twenty-five years from June 27, 1892, and shall be subject to all the terms, conditions and regulations governing the operation of the street railroad of said com- pany on Main street between High street and Rose avenue, except as provided in the two following sections, and nothing contained in this ordinance shall be construed to be an extension or prolongation of the period of any franchise heretofore granted to said company. Sec. 3. Said company shall, at its own cost and expense, repave and keep in good repair the entire space between the outer rails of its said tracks on said Kelton avenue between the points named, with the same material and of like quality with which the remainder of said street is paved. Sec. 4. Said company shall be required to run on the extension herein granted only such cars and at such intervals of time and headway as said company shall determine. CH. 43 | STREET RAILROAD FRANCHISES. 295 Sec. 5. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the City Clerk the written acceptance of the terms of this ordinance by the President and Secretary of said railway company. eee, AN ORDINANCE NO. 6943. Granting permission to the Columbus Consolidated Street Railroad Company to con- struct a double track on Oak street between Grant avenue and Washington avenue. (Passed July 25, 1892.) WuereEas, The Columbus Consolidated Street Railroad Company has obtained the written consent of a majority of the property owners on Oak street between Grant avenueand Washington avenue, represented by the feet front of the property abutting on said Oak street, to the construction of a double track on said street between the points mentioned, and has filed such consent with the City Clerk; now, therefore, Section 1. Be it ordained by the City Council of the City of (olumbus, That permission be and the same is hereby granted to the Columbus Con- solidated Street Railroad Company to construct a double track upon Oak street between Grant avenue and Washington avenue, such double track to be constructed, maintained and operated under and subject to all the terms, conditions and regulations contained in this ordinance of the City of Columbus, entitled ‘‘An ordinance granting the consent of the City Council to the construction of a street railroad in State, Oak, Seventh and Bruce streets and Fair avenue by the State and Oak Street Railroad Com- pany,” passed March 13, 1882. Src. 2. This ordinance shall in no wise operate as an extension of the period of the franchise granted to the State and Oak Street Railway Company by said ordinance of March 13, 1882. Sec. 3. Said company shall, at its own cost and expense, set back the curb two and one-half feet on each side of said Oak street between Grant avenue and Washirgton avenue, and shall also, at its own cost and expense, pave the whole width of the roadway of said Oak street between said points with Hayden block, such paving to be done in the manner usual in the City of Columbus, and to the satisfaction and approval of the City Civil Engineer, and to be completed within sixty days after the con- struction of said double track. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law. ——— — 296 REVISED ORDINANCES. [cH. 43 AN ORDINANCE NO. 7118. Granting permission to the Columbus Street Railway Company to extend its tracks on Fourth street from Chesinut street to Livingston avenue. (Passed August 1, 1892.) WHEREAS, An extension of the tracks of the Columbus Street Rail- way Company on Fourth street from Chestnut street to Livingston avenue is considered desirable by the City Council of the City of Columbus, and by said Council deemed beneficial to the public; and, WueErEas, Said Columbus Street Railway Company has obtained the written consent of a majority of the property holders on said Fourth street between the points mentioned, represented by the feet front of the property abutting on said street on which it is proposed to extend said railroad ; now, therefore, SecTION 1. Be tt ordained by the City Council of the City of Columbus, That permission be and it is hereby granted to the said Columbus Street Railway Company io extend its tracks and to maintain and operate its railroad on Fourth street from Chestnut street to Livingston avenue. Suc. 2. That the foregoing grant shall be for the term of twenty-five years from June 27, 1892, and shall be subject to all the terms and con- ditions herein contained. Sec. 3. That said extension may be operated by electricity, cable or other improved motive power that may hereafter be found adapted to the . operation of street railroads; and said company may lay and operate single or double tracks as it may deem necessary or proper. Sec. 4, Said company shall, at its own expense, repave with the same material all that portion of said Fourth street which is included between lines drawn one foot outside of the outer rails of said company’s tracks, and keep such portion of said street in repair. In case any other or further permanent improvements shall hereafter be made upon said Fourth street between said points, said company shal] pay for so much of said improvement as shall be included between lines drawn one foot outside of the outer rails of its said tracks ; provided further, that if after the passage of this ordinance, when said railway is built, said company shall set back the curb on said Fourth street between the north side of Oak street and Main street, or any portion of the curb between said streets, said company shall proceed at once, at its own expense, to set back said curb and to pave the space exposed thereby with the same ma- CH. 43] STREET RAILROAD FRANCHISES. 297 terial the remainder of the street is paved with, the same to be done under the direction of the City Engineer; in default thereof, such work shall be done by the city at the expense of the company. Src, 5. The tracks of said company shall be laid upon the grades fixed by the City Engineer, and in case of street improvements ordered by the City Council, said company in laying its track, or relaying the same, if it shall be necessary, shall keep pace with the progress of the work of said improvement, so that the same shall not be hindered or de- layed; and in case of failure by said company to proceed with the con- struction of its track, or the paving of the space between and one foot outside of its outer rails, as above provided for, the Board of Public Works or other proper city authority may cause the same to be done, and the cost and expenses thereof shall be paid by said company upon the certificate of the City Civil Engineer. Sec. 6. Said track shall be of standard gauge of the width of five feet two inches, and the rails used shall not be less than sixty pounds per yard in weight. The space between lines of double track shall not ex- ceed four feet. Src. 7. The said company shall be liable for, and shall hold the said City of Columbus harmless during the period of this ordinance, from any and all damages,.cost or expense that shall accrue or happen to per- sons, corporations or property by reason of the construction, use, man- agement or operation of the line of street railroad mentioned herein. Src. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or over- flow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of any of the streets in said city, or by reason of any other work or improvement re- quired to be done by said City of Columbus, Src. 9. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a@ manner as to interfere with or impede travel, or render the street dan- gerous. Src. 10. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other public work or improvement required to be done by said city, without incur- 298 REVISED ORDINANCES. [cH. 43 ring any liability for damages to said company; and the running of cars shall not be disturbed where it can be avoided. Src. 11. The conductors and motormen shall not allow any woman or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the motorman or conductor must always be on the front platform » while the car is in motion. Src. 12. Said company shall at all times conform to such rules and regulations as may from time to time be made by the City Council as to the rate of speed it may run its cars, and while the cars of said company are in motion, or about to start, warning shall be given by bell or other- wise to notify persons of any immediate or approaching danger ; pro- vided, however, that on Sundays said company shall not run its cars on said Fourth street between Capital alley and Lynn street at a greaterrate | of speed than four miles per hour. Sec 18. Said company shall have the right to erect and maintain iron poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that, in the opinion of said City Council, shall be found necessary. At and after dark all cars, while running, shall be provided with suitable signal lights. No car sball be allowed to remain standing upon the line of said extension, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regula- tions as are or may be prescribed in regard to other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of the passengers. Src. 14, Cars shall be run by said company on said extension be- tween Chestnut street and Main street at intervals not exceeding fifteen minutes in length, beginning at 6 o’clock a. M., and thence until midnight, and cars shall be run on said extension between Main street and Livings- ton avenue during such hours, and at such intervals of time as said com- pany may determine; provided, however, that the City Council shall have the a after five years from the passage of this ordinance to fix the time for the running of cars on said Fourth street between Main street and Livingston avenue, the intervals so to be fixed not to be less than ten minutes in length. CH. 43] STREET RAILROAD FRANCHISES. 299 Sec. 15, Said company shall not charge greater fare over their entire line, including the extension herein provided for, than they are now authorized to charge on the present line. Sec. 16. Nothing in this ordinance contained shall be held or con- sidered to be an extension or prolongation of any franchise of privilege heretofore granted by the City of Columbus to said company. Sec. 17. Said company shall have the right to make suitable track connections at the intersections of said extension with the Chestnut street, Long street, State street, Main street and Livingston avenue lines of said company. Sec. 18. Said extension shall be completed and in operation within four months from the passage of this ordinance. Sec. 19. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council the written acceptance of the terms of this ordinance by the President and Secretary of said railroad company, and said company paying the bill for the legal publication of this ordi- nance. AN ORDINANCE NO. 7120. Granting the consent of the City Council to the construction of a Street Railroad in Third Naghten and Neil streets, and Mt. Vernon and Cleveland avenues, Buckingham street, Jefferson avenue, Leonard and Felton avenues, by the Leonard Avenue Street Railway Company. (Passed August 1, 1892 ) Section 1. Be it ordained by the City Council of the City of Columbus, That the Leonard Avenue Street Railway Company, its successors and assigns, is hereby granted permission to construct, maintain and operate for a period of twenty-five years from the 27th day of June, 1892, a double or single track street railroad on the following streets and avenues in the said City of Columbus, between the following named points, to-wit: Be- ginning at the intersection of Reinhard avenue and Third street; thence northerly on said Third street to its intersection with Naghten street; thence easterly in the center of said Naghten street to its intersection with _ Neil street; thence north in the center of Neil street to its intersection with Mt. Vernon avenue; thence easterly in the center of Mt. Vernon avenue to its intersection with Cleveland avenue; thence north in the 300 REVISED ORDINANCES. [CH. 43 center of Cleveland avenue to its intersection with Buckingham street’ thence easterly on said Buckingham street and between the center and north curb line thereof to the center of the west half of Jefferson avenue; thence north on said Jefferson avenue on a line between the center and west curb line thereof to its intersection with Leonard avenue; thence easterly on the center of Leonard avenue, crossing St. Clair avenue, to the center of Felton avenue; thence easterly on the center of Felton avenue to the center of Leonard avenue; thence northeasterly on the center of Leonard avenue to the north corporation line of said City of Columbus. Sec. 2, That said railroad may be operated by electricity, cable, steam or such other improved motive power which may hereafter be found adapted to the operation of street railroads. Src. 3, Said company, its successors and assigns, shall keep in repair all that portion of said streets and avenues which is included within the outer rails of said track,and one foot outside thereof; and if the City Council shall at any time order the improvement of the roadway of said streets and avenues, or either of them, by laying down thereon a perma- nent pavement of stone block, hard-burned brick, asphalt or other like material, the said company shall lay down, at its own expense, on the portion occupied by it, and one foot outside of the outer rails of its said track, a pavement of the same material; and if on either of said streets or avenues a pavement has already been laid, and an assessment therefor placed upon the tax duplicate, said company shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the’ proportion which the space occupied by their tracks, and one foot outside of the outer rails thereof bears to the whole width of said pavement; and when any portion of said assessments has already been paid, there shall be refunded by said company to the respective owners of the property against which the said assessments were levied, such proportion of the amounts paid by them, respectively, as will equal the proportion which the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of the said pavement; such payments to be made before said pavements are disturbed by said company, and upon presentation of a certificate to the correctness of the respective amounts signed by the City Engineer and the City Solicitor. Sec. 4. The tracks of said company shall be laid on the grades fixed by the City Engineer, and in case of street improvements ordered by the City Council said company, in laying its tracks, or in relaying them, if it be necessary so to do, shall keep pace with the progress of the work of CH. 43] STREET RAILROAD FRANCHISES. 301 said improvement, so that the same shall not be hindered or delayed; and in case of failure of said company to proceed with the construction of its tracks, or the paving of the space between, and one foot outside of its outer rails, as above provided for, the Board of Public Works may cause the same to be done, and the cost and expense thereof to be paid by said company upon the certificate of the City Civil Engineer. Src. 5. Said track shall be of standard gauge of the width of five feet two inches, and the rails used shall not be less than seventy pounds per yard in weight. The space between the lines of double track shall not exceed four feet. Src. 6. The said company shall be liable for and shall hold the said City of Columbus harmless during the period of this ordinance or any amendment, supplement or extension of the same may be in force, from any and all damages, cost or expenses that shall accrue or happen to per- sons, corporations or property by reason of the construction, existence, use or management or operation of the line of street railroad~ herein mentioned. Sec. 7. The said City of Columbus shall not be liable in any way to said company fo rany damage it may sustain from the breakage or over- flow of water from any sewer or drain, or from the breakage of water pipe or gas pipe, or by reason of the change in the grade of any of the streets in said city, or by reason of any other work or improvement re- quired to be done by said City of Columbus. Sec. 8. The City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary so to do in laying down or repairing any water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any other public work or improvement required to be done by said city, not disturbing, however, or delaying the running of cars where it can be avoided, without incurring any liability for damages to said company. Suc. 9. The lines of street railroad provided for herein shall be oper- ated and maintained in accordance with the provisions of such other ordinances for the regulations and control of street railroads as may be now in force, where the provisions of the same do not conflict with the provisions contained therein. Sxc. 10. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner as to interfere with or impede travel or render the street dangerous, 302 REVISED ORDINANCES. [cH. 43 Src. it. At and after dark all cars running shall be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said route, for passengers or for any other purpose, so as to im- pede any other vehicle, but shall be subject to such police regulations as are or may be prescribed in regard to other vehicles, so far as they may be applicable. Sec. 12. The conductors or other employes managing and in charge of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons or obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the conductor or some other employe must always be on the front platform while the car is in motion. Seo. 13. Said street railroad company shall provide and maintain good service. All cars must be kept clean and in good repair. The cars of the said company shall always be entitled to the track, and the driver of any vehicle obstructing the same shall turn out and leave the track free upon the approach of any car as soon as practicable, so as not to impede the progress of the car; and any person who shall refuse so to do when required by the conductor, or other person in charge of said car, and shall thus unnecessarily obstruct, interfere with or delay such cars, or who shall purposely injure or destroy the track of said road, or the cars or other property of said company shall, upon conviction thereof before the Police Judge of the city, be fined in any sum not exceeding ten dollars. Sec. 14, Said company shall be entitled to-charge for fares and tickets for one continuous trip over the entire length of its said road within said city, or a shorter distance thereon, as follows, and no more: No charge to be made for children under the age of seven years attended by their parent or parents; for single fares, five cents; for tickets in pack- ages of six, twenty-five cents; for tickets in packages of twenty-five, one dollar; for tickets in packages of one hundred, four dollars. Said com- pany shall keep for sale during business hours, at some office on the line of said road, packages of tickets of twenty-five and one hundred, respect- ively, and shall cause the conductors of cars, while running, to keep pack- ages of six and twenty-five tickets, respectively, for sale as per above schedule. “; Src. 15. No cars shall be run at a greater rate of speed than eight miles an hour on Third street between Naghten street and Mound street. CH. 43| STREET RAILROAD FRANCHISES. 303 Suc. 16. Said company shall begin the construction of said railroad track within thirty days from the passage of this ordinance, and shall have the same completed and in operation on or before one year from the commencement of the work on said railroad, unless delayed or prevented by the action of the city authorities or some other unavoidable casualty ; otherwise all rights and franchises herein and hereby granted shall lapse and become null and void. Sec. 17. Said company shall have the right to erect and maintain iron poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that, in the opinion of the said City Council, shall be found necessary to the due and proper management and operation of its _ railroad and cars. Src. 18. Said railroad company shall, if requested by the owners of real estate representing a majority of the feet frontage on said Bucking- ham street and Jefferson avenue, instead of paving between the rails of its said railroad track, and one foot outside of the outer rails thereof, sod said space, and keep the same in neat and good condition. Src. 19. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council the written acceptance of the terms of this ordinance by the President and Secretary of the said The Leonard Avenue Street Railway Company, and paying the bill for the legal publication of this ordinance. AN ORDINANCE NO. 7129. Granting permission to the Columbus Street Railway Company to extend its tracks on Goodale street from High street to Fourth street. (Passed August 15, 1892.) Wuereas, An extension of the tracks of the Columbus Street Rail- way Company on Goodale street from High street to Fourth street is con- sidered desirable by the City Council of the City of Columbus, and by said Council deemed beneficial to the public; and, WHEREAS, Said Columbus Street Railway Company has obtained the written consent of a majority of the property holders on said Goodale street between said points represented by the feet front of the property ‘abutting thereon ; now, therefore, 21 304 REVISED ORDINANCES. [cu. 43 Section 1. Be it ordained by the City Council of the City of Columbus, That permission be and it is hereby granted to the Columbus Street Rail- way Company to extend its tracks and to maintain and operate a double track street railroad on Goodale street from High street to Fourth street. Sec. 2. The foregoing grant shall be for the period of twenty-five years from June 27, 1892. Src. 5. Said company shall, at its own expense, pave all that por- tion of said Goodale street which shall be included within lines drawn one foot outside of the outer rails of its tracks with the same material the remainder of said street shall be paved with, and shall keep such por- tion of said street in repair. SEo.4, Said company shall not be required to regularly or continu- ously operate said extension after the completion of the proposed viaduct over the railroad tracks on High street. Sec. 5. That said railway company shall be ‘required to use iron instead of wooden poles. ; Sec. 6. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner asto interfere with or impede travel or render the street dangerous. Src. 7. This ordinance shall take effect and be in force from and after its passage and publication according to law, and the filing with the City Clerk of the written acceptance of the terms of this ordinance, signed by the President and Secretary of said railroad company. AN ORDINANCE NO. 7419. Granting permission to the Columbus Street Railway Company to extend its tracks on Naghten street from Cleveland avenue to Neil street. (Passed March 27, 1898.) Wuereas, An extension of the tracks of the Columbus Street Rail- way Company on Naghten street from Cleveland avenue to Neil street is considered desirable by the City Council of the City of Columbus, and by said Council deemed beneficial to the public; and, Wuereas, Said Columbus Street Railway Company has obtained the written consent of a majority of the property holders on said Naghten street between the points above mentioned, represented by the feet front of property abutting on said street on which it is proposed to extend said railroad ; now, therefore, | Srorron 1. Be it ordained by the City Cowneil of the City of Colwmbus, That permission be and it is hereby granted to the said The Columbus CH. 43 | STREET RAILROAD FRANCHISES. 305 Street Railway Company to extend its tracks, to make suitable track con- nections and to maintain and operate its railroad on’ Naghten street from Cleveland avenue to Neil street. Sec, 2. Said company shall, at its own expense, repave with the same material all that portion of said street which is included between lines drawn one foot outside of the outer rails of its tracks, and keep such portion of said street in repair; provided further, that said company shall, within ten days after the construction of its tracks in said Naghten street, pay to the owners of the property abutting thereon the original cost of constructing so much of the present roadway on said Naghten street as will be included within lines drawn one foot outside of the outer rails of its said tracks, such cost to be paid to the persons owning said abutting property at the date of the passage of this ordinance, and the amount to be paid to each of said property owners shall be determined according to his feet frontage. Sec. 3. On Sundays said company shall not run its cars on said Naghten street between Grant avenue and the first alley east of Grant avenue at a greater rate of speed than four miles per hour. Src. 4. Cars shall be run by said company on said extension at in- tervals not exceeding fifteen minutes in length, beginning at 6 o’clock a. m., and thence until midnight. Sec. 5. Said extension shall be completed and in operation within four months from the passage of this ordinance. Sec. 6. The foregoing grant shall be for the term of twenty-five years from June 27, 1892, and shall be subject to all the terms and conditions contained in Sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 18, 15, 16 of an ordinance of the City Council of the City of Columbus entitled “An ordinance granting permission to the Columbus Street Railway Company to extend its tracks on Fourth street from Chestnut street to Livingston avenue,” passed August 1, 1892. Src. 7. The franchise herein granted is granted upon the condition that if said company shall abandon its use of that part of Cleveland avenue between Naghten street and Long street it shall remove all its tracks and poles therefrom, and repave the said part of said avenue so abandoned, in the same manner and with the same material with which the said avenue outside its said tracks shall then be paved to the accept- ance of said Council or other proper city authority; and that if the same be not so done by said company said city shall proceed, upon thirty days’ 306 REVISED ORDINANCES. [CH. 43 notice in writing to said company, to do the same at the expense of said company. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the City Clerk the written acceptance of the terms of this ordinance by said railroad company. AN ORDINANCE NO. 8751. Granting the consent of the Council to the Columbus Street Railway Company to ex- tend, construct, maintain and operate a double track Street Railway on High street from Innis avenue to the south corporation line. (Passed June 4, 1894.) Wuerxeas, Said Columbus Street Railway Company has obtained the written consent of a majority of the property holders on High street between the points mentioned, represented by the feet front of the prop- erty abutting on said street on which it is proposed to extend said rail- road ; now, therefore, SrcTion 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That the consent of said Council be and the same is hereby given to the Columbus Street Railway Company to construct, maintain and op- erate a double track street railway on High street from Innis avenue to the south corporation line in said city, upon the same terms and subject to each and all of the conditions under which it is at present operating its railway between Hanford street and Livingston avenue, and upon the further condition that the said company shall operate its said road between said Innis avenue and the south corporation line in said city with elec- tricity or any modern motive power equivalent thereto, except that the said company shall be required to run only such cars upon such exten- sion as said company shall determine; provided, that intervals of time between said cars shall not exceed eighteen minutes. Sec. 2. That said company, whenever said part of said High street shall be improved under the authority of the Council of said city, be required to pay for that part of said improvement that shall lie between lines drawn one foot from the outer edge of the outer rails of the tracks of said rail- road, and shall further be required to keep said part of said improvement in good condition and repair. / CH.'43| STREET RAILROAD FRANCHISES. 307 That said payment so to be made for the said improvement shall be made at the times and in the manner that shall be provided by ordinance for the payment of the other part of said improvement by the abutting property owners. Src. 3. That the franchise hereby granted shall expire at the expi- ration of the franchise granted to said company by this Council on Chest- nut and Fourth streets. Src. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council of the written acceptance of the terms of this ordinance by the President and Secretary of said railroad company. AN ORDINANCE NO. 10050. Granting permission to the Crosstown Street Railway Company to extend its tracks on West Broad street from a point in Broad street opposite the center of the east drive- way to the Central Hospital for the Insane,the same being the corporation line of the City of Columbus, as established by an ordinance of October 27, 1890, to the center of Hague avenue. (Passed April 22, 1895.) ° Srorion l. Be at ordained by the City Council of the City of Columbus, Ohio, That permission be and is hereby granted to the Crosstown Street Railway Company to extend its tracks, and to maintain and operate such extension as a single track, or if at any time hereafter said company may so determine, as a double track street railroad on Broad street from a point in: Broad street opposite the center of the east driveway to the Central Hospital for the Insane, the same being the corporation line of the City of Columbus, as established by ordinance of October 27, 1890, to the center of Hague avenue. If said extension shall be laid with a single track then permission is hereby granted to said company to put in the necessary switches. Src. 2. Said company, whenever said part of said Broad street shall be improved under the authority of the City Council of the City of Co- lumbus, shall pay forso much of such improvement as shall lie between the rails of its track or tracks, it being understood that if said company shall lay a double track it shall not be required to pay for that part of said improvement which shall lie between the inner rails of such double track ; provided, however, that if said track shall be a single track with switches, in that case the company shall be required to pay for that part 308 REVISED ORDINANCES, [cH. 43 of the pavement between the outside rails of said switches. In no event shall said company be required to pay for any other portion or part of said improvement than is herein expressly provided for. Src. 3. Said The Crosstown Street Railway Company shall be re- quired to run its cars upon this extension between the hours of. 5:30 A. M. and 10:30 p. M., and at such intervals as the said company may from time to time determine upon, but such intervals of time shall at no time exceed twenty-four minutes for the first three years after the passage of this ordi- nance, and thereafter at such intervals as the Council may thereafter deter- mine ; and no delay in the running of said cars caused by the operation of steam railways across any portion of West Broad street or from any other un- avoidable cause, shall be considered a failure to comply with the provi- sions of this section. Said company shall run its cars at such rate of speed as the City Council from time to time may determine. Sec. 4. The poles and wires of said company shall be so constructed and operated and maintained as to cause no serious interference with ex- isting telephone wires or poles. Sec. 5. In case it becomes necessary for said company to remove the snow or ice from its tracks on said street, the same shall not be left in such a manner as to interfere with or impede travel or render the street dangerous. Src. 6. Atand after dark all cars shall be provided with suitable lights on the front end of the same. Src. 7. The right of the City of Columbus to revoke this grant if -. said company shall fail to comply with the provisions of this ordinance is hereby reserved. Src. 8. The said company shall be liable for, and shall hold the said City of Columbus harmless during the period of this ordinance from any and all damages, costs or expense that shall accrue or happen to persons, cor- porations or property by reason of the construction, use, management or operation of the line of street railroad mentioned herein. Src. 9. The City of Columbus shall not be liable in any way to said company for damages it may sustain from overflow of water from any sewer or drain, or from the breaking of any water pipe, gas pipe, or by reason of the change in the grade of any of the streets of said city, or by reason of any work or improvement required to be done by said City of Columbus, Src. 10, The City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad ¥ Sa ‘ a CH. 43 | STREET RAILROAD FRANCHISES. 309 track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any public work or improvement required to be done by said city, without incurring any liability for damages to said company ; and the running of cars shall not be disturbed where it can be avoided. Sec. 11. The conductors and motormen shall not allow any woman or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the motor- man or conductor must always be on the front platform while the car is in motion. Sec. 12. Said company shall have the right to erect and maintain iron or wooden poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that, in the opinion of said City Council, shall be found necessary. At and after dark all cars, while running, shall be provided with suitable signal lights. No car shall be allowed to re- main standing upon the line of said extension, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed in regard to other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condi- tion as to imperil the lives, limbs or health of the passengers. Sec. 13. Said company shall not charge greater fare over their en- tire line, including the extension herein provided for, than they are now authorized to charge on the present line. Sec. 14. Nothing in this ordinance contained shall be held or con- sidered to be an extension or prolongation of any franchise or priv- ilege heretofore granted by the City of Columbus to the Glenwood and Greenlawn Street Railroad Company, but the franchise to operate said ex- tension shall terminate at the same time and be subject to the same present and juture control of Council or the public as that of the Glen- wood and Greenlawn Street railroad, so called, and now operated by the Crosstown Street Railroad Company. Said company in the operation of said extension shall be governed by the conditions and restrictions con- tained in an Ordinance No. 5558, passed April 28, 1890. Sec. 15, This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company with 310 REVISED ORDINANCES. [ cH. 43 the City Clerk of a written acceptance of its terms and conditions, which acceptance must be filed within two weeks after the passage hereof, or all rights and privileges herein contained shall lapse. AN ORDINANCE NO. 10058. Granting permission to the Crosstown Street Railway Company to extend its tracks on Sandusky street from the intersection of Broad street, south to the intersection of Sullivant avenue, west on Sullivant avenue from the intersection of Sandusky street to the intersection of Glenwood avenue, south on Glenwood avenue from the inter- section of Sullivant avenue to the intersection of the Harrisburg pike. (Passed April 22, 1895.) Secrion 1. Be tt ordained by the City Council of the City of Columbus, O., That permission be and is hereby granted to the Crosstown Street Railway Company to extend its tracks and to maintain and operate such extension as a double track street railroad on Sandusky street from the intersection of Broad street, south to the intersection of Sullivant avenue, and on Sul- livant avenue west from the intersection of Sandusky street to the inter- ‘section of Glenwood avenue, and on Glenwood avenue as a single or double track street railroad, south from the intersection of Sullivant avenue to the intersection of the Harrisburg pike. Sec, 2. Said company, whenever said parts of said Sanausky street, Sullivant avenue’ or Glenwood avenue shall be improved under the authority of the City Council of the City of Columbus with brick, asphalt _or stone block pavement, shall pay for so much of such improvement as shall lie between the outer rails of its track or tracks. Sec. 3, Said The Crosstown Street Railway Company shall be re- quired to run its cars upon this extension between the hours of 5:30 a. M. and 11 o'clock ». M., and at such intervals as the said company may from time to time determine upon, but such intervals of time shall at no time exceed twenty-four minutes for the first three years after the passage of this ordinance, and thereafter at such intervals as the Council may there- after determine; and no delay in the running of said cars caused by the operation of steam railways across any portion of said street, or from any other unavoidable cause, shall be considered a failure to comply with the provisions of this section. Said company shall run its cars at such rate of speed as the City Council from time to time shall determine. CH: 43] “STREET RAILROAD FRANCHISES. . 314 Src. 4. The poles and wires of said company shall be so constructed and operated and maintained as to cause no serious interference with existing telephone wires or poles. Sno. 5. In case it becomes necessary for said company to remove the snow or ice from its tracks on said street, the same shall not be left in such a manner as to interfere with or impede travel or render the street dangerous. Sec. 6. At and after dark all cars shall be provided with suitable lights on the front end of the same. Src. 7. The right of the City of Columbus to revoke this oy) af said company shall fail to comply with the provisions of this ordinance, is hereby reserved. Src. 8. The said company shall be liable for and shall hold the said City of Columbus harmless during the period of this ordinance from any and all damages, costs or expense that shall accrue or happen to persons, corporations or property by reason of the construction, use, management or operation of the line of street railroad mentioned herein. Src. 9. The City of Columbus shall not be liable in any way to said company for damages it may sustain from the overflow of water from any sewer or drain, or from the breaking of any water pipe, gas pipe, or by reason of the change in the grade of any of the streets of said city, or by reason of any work or improvement required to be done by said City of Columbus. Sec. 10, The City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or for any public work or improvement required to be done by said city, without incurring any liability for damages to said company; and the running of cars shall not be disturbed where it can be avoided. Sec. 11. The conductor and motorman shall not allow any woman or child to enter or leave any car while in motion, and shall keep vigi- lant watch for all teams, carriages, persons and obstructions upon or near the track, and upon first appearance of danger therefrom shall give warn- ing and stop the car, if necessary, to prevent accident, and either the motorman or conductor must always be on the front platform while the car is in motion. Sec. 12. Said company shall have the right to erect and maintain iron or wooden poles, wires, fixtures or conduits, and any and all other B19 REVISED ORDINANCES. [cH. 43 appliances and appurtenances that, in the opinion of said City Council, shall be found necessary. At and aiter dark all cars, while running, shall be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said extension, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed in regard to other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of the passengers. Sec. 13. Said company shall not charge greater fare over their entire line, including the extension herein provided for, than they are now authorized to charge on the present line. : Sec. 14. Nothing in this ordinance contained shall be held or con- sidered to be an extension or prolongation of any franchise or privilege heretofore granted by the City of Columbus to the Glenwood and Green- lawn Street Railroad Company, but the franchise to operate said extension shall terminate at the same time, and be subject to thesame present and future control by Council, or the public, as that of the Glenwood and Greenlawn Street Railroad, so called, and now operated by the Crosstown Street Railroad Company. Said company in the operation of said ex- tension shall be governed by the conditions and restrictions contained in an Ordinance No. 5558, passed April 28, 1890. Sec. 15. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company with the City Clerk of a written acceptance of its terms and conditions, which acceptance must be filed within two weeks after the passage hereof, or all rights and privileges herein contained shall lapse. CH. 43] STREET RAILROAD FRANCHISES. 313 SUBDIVISION 2—FRANCHISES OF LINES OPERATED BY.COLUMBUS CENTRAL RAILWAY COMPANY. AN ORDINANCE NO. 6954. Granting permission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate a Street Railroad on Cleveland avenue to the north corporation line of said city, and thence to the village of Westerville. (Passed May 16, 1892.) WHEREAS, The consent, in writing, of the owners of a majority of the feet front abutting upon Cleveland avenue in said city between Mt. Ver- non avenue and the north corporation line has been obtained and filed with the City Clerk of said city to the construction and operation of a street railroad on said avenue by the Columbus and Westerville Railway Company ; therefore, Section 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That the Columbus and Westerville Railway Company, its succes- sors and assigns, be and it is hereby granted permission to and is author- ized to construct, maintain and operate a street railroad on Cleveland avenue between Mt. Vernon avenue and the north corporation line in said city, in accordance with the provisions of this ordinance. Also to extend said railroad from said north corporation line by way of the Harbor road and Blendon turnpike to the village of Westerville. Sec. 2. Said company shall have the right to lay down a single track with switches or turn-outs wherever switches or turn outs may be necessary or convenient, as said company may elect, and to connect said track or tracks by curve or curves with its other track or tracks. Sec. 3. Said track shall be of a standard gauge of the width of five feet two inches, and the rails shall be of an approved pattern of not less than seventy pounds to the yard. The space between the inner rails shall not exceed three feet five inches, measured from rail to rail. Src. 4. Said company, its successors and assigns, shall keep in re- pair all that portion of said streets which is included within one foot on the outside of the outer rails of its said track; and if the City Council shall at any time order the improvement of the roadway of said street by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt or other like material, the said company shall, at its own expense, improve that portion with the same character of material; and 314 REVISED ORDINANCES. Bsa: if on either of said avenues a pavement has already been laid, and an assessment therefor placed upon the tax duplicate, said company shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the proportion the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of said pavement; and when any portion of said assessments has been paid, these shall be refunded by said company to the respective owners of the property against which the said assessments were levied, such proportion of the amounts paid by them, respectively, as will equal the proportion which the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of the said pavement; such payments to be made before said pavements are disturbed by said com- pany, and upon presentation of certificate to the correctness of the re- spective amounts signed by the City Engineer and City Solicitor. Sec. 5. The pavement provided for in this ordinance shall be laid at such height or grade as may be fixed or determined by the City En- gineer, and shall, during the existence of this ordinance or grant or any extension, amendment or renewal thereof, be kept in repair under his direction or under the supervision and direction of such officers as may be from time to time vested by law or ordinances of the City Council with the control and supervision of the public highways and works of the city, and on the failure of the company to wake said repairs within thirty days after receiving notice so to do from the City Council, the City Coun- cil may make the same or cause the same to be done, and the said City of Columbus shall collect all the cost and expense thereof from said com- pany, and the entire amount of such cost and expense shall constitute a lien and charge upon the property and franchise of said company, the same as if formally levied and assessed as in the case of the cost of other municipal improvements. , Sec. 6. Said railroad company shall at all times hereafter defend, keep harmless and indemnify the City of Columbus from any and all damages, lawful claims and demands for injuries to persons or property, costs and expenses to which said city may be subjected or made liable by any proceeding at law or in equity or otherwise, growing out of the grant of the privileges in this ordinance granted, or out of the exercise or enjoy- ment of the same by said company. Sec. 7. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water CH. 43) STREET RAILROAD FRANCHISES. 15 oa pipes, gas pipes, sewers, drains, ontiars or cisterns, or ve any ee Abie work or improvement required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company. Src. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of said street. Src. 9. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner as to interfere with or impede travel or render the street dangerous. Src. 10. The conductors, drivers or motormen of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the driver, conductor or motorman must always be on the front platform while the car is in motion. Sec. 11. No car shall be run at a greater speed than twelve miles an hour. Cars driven in the same direction shall not approach nearer than one hundred feet, unless from unavoidable necessity, or on switches or turn-outs. Said company shall at all times conform to such rules and regulations as may from time to time be made by the Council as to the rate of speed it may run its cars, and while the cars of said company are in motion, or about to start, warning shall be given by bell or otherwise to notify persons of any immediate or approaching danger. Sec. 12. Permission is hereby given said company to operate its entire line of street railway with any and all extensions that may here- after be made thereto by electricity or other motive power other than animal as shall be acceptable to the City Council for such purposes; said company shall have the right to erect and maintain poles (if of wood they shall be neat and painted), wires, fixtures or conduits, and any and all other appliances or appurtenances that, in the opinion of said City Council, shall be found necessary. At and aiter dark all cars running shall be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said route, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed for other vehicles, so far as 316 REVISED ORDINANCES. Reistie & they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such a condition as to imperil the lives, limbs or health of the passengers. Sec. 13. In the erection and placing of wires or conduits, and in the use of any and all other appliances or appurtenances found necessary to operate its line, a plan of the same showing all poles, wires and other ap- pliances or appurtenances that said company shall desire to use shall be submitted to and approved by the City Civil Engineer. Said city shall have the right to fix the height of all wires and poles above the street, and the size and location of all conduits in the streets and the distance at which poles shall be apart, to regulate the places within the streets where any and all tracks, appliances or appurtenances shall be located, and to establish such regulations with reference to the public safety and protec- tion as the said city shall from time to time deem necessary and proper. Src. 14. Cars shall be run by said company, its successors or assigns, at not longer intervals than twenty minutes, unless prevented by una- voidable casualty, and shall be operated regularly between 8 a. m. and 10 p. M. on Sunday, and between 6 A. M. and 11 Pp. M. on all other days. Sec. 15. Said company shall be entitled to charge for fares as fol- lows: For round trip tickets between Columbus and Westerville, twenty- five cents; for single fare, through tickets, fifteen cents; for single fares within the corporation, five cents; for six tickets, twenty-five cents; for twenty-five tickets, one dollar. No charge to be made for children under seven years of age attended by parent or other person in charge of them. Src. 16. This grant is made and shall continue in force for the period of twenty-five years. Sec. 17. This grant is made upon condition that the construction of said road shall be completed and ready for operation within one year from the date of the passage of this ordinance. Sec. 18. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company of a written acceptance of its terms and conditions. ~~ nV A. | CH. 43 | STREET RAILROAD FRANCHISES. Rl ey) eee ee ee neat ee a Ca ee AN ORDINANCE NO. 7119. Granting permission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an exten- sion of its Street Railroad on Mt. Vernon avenue, Neil street, Spring street, Front street, Park street, Spruce street, Goodale street, Harrison avenue, First avenue and Michigan avenue, also on Grove street and St. Clair avenue in the City of Colum- bus, Ohio. (Passed August 1, 1892 ) WHEREAS, The consent, in writing, of the owners of a majority of the feet front abutting upon Mt. Vernon avenue, Neil street, Spring street, Front street, Park street, Spruce street, Goodale street, Harrison avenue, First avenue and Michigan avenue, also on Grove street and St. Clair avenue, has been obtained and filed with the City Clerk of said city to the construction and operation of a street railroad on said streets and avenues by the Columbus and Westerville Railway Company ; therefore, Srotion 1. Be it ordained by the City Council of the City of Columbus, That the Columbus and Westerville Railway Company, its successors and assigns, be and it is hereby granted permission to and is authorized to construct, maintain and operate a street railway on Mt. Vernon avenue from Cleveland avenue to Neilstreet, on Neilstreet from Mt. Vernon avenue to Spring street, on Spring street from Neil street to Front street, on Front street from Spring street to the Front street bridge over the rail- road tracks, thence over said bridge when completed, and along Park street to Spruce street, on Spruce street from Park street to City avenue, on Goodale street from City avenue to Harrison avenue, on Harrison avenue from Goodale street to First avenue, on First avenue from Harri- son avenue to Michigan avenue, on Michigan avenue from First avenue to Fifth avenue, also on Grove street from Cleveland avenue to St. Clair avenne, and on St. Clair avenue from Grove street to the Baltimore and Ohio Railroad tracks in said city, in accordance with the terms of this ordinance. Sec. 2. Said company shall have the right to lay down a single or double track with switches and turn-outs wherever switches or turn-outs may be necessary or convenient, as said company may elect, and to con- nect said track or tracks by curve or curves with its other track or tracks. Src. 38. Said track shall be of a standard gauge of the width of five feet two inches, and the rails shall be of an approved pattern of not less than seventy pounds to the yard. The space between the inner rails shall not exceed three feet five inches, measured from rail to rail. cate Ce Pe co 318 REVISED ORDINANCES. [cH. 43 Sec. 4. Said company, its successors and assigns, shall keep in re- pair all that portion of said streets which is included within one foot on the outside of the outer rails of its said track; and if the City Council shall at any time order the improvement of the roadway of said street by laying down thereon a permanent pavement of stone block, hard- burned brick, asphalt or other like material, said company shall, at its own expense, improve that portion with the same character of material. And if on either of said avenues or streets a pavement has already been laid, and an assessment therefor placed upon the tax duplicate, said com- pany shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the proportion the space occupied by its tracks, and one foot outside of the outer rails ot the same bears to the whole width of said pavement; and when any portion of said assessments has been paid, there shall be refunded by said company to the respective owners of the property against which the said assessments were levied, such proportions of the amounts paid by them, respectively, as will equal the proportion which the space occupied by its tracks, and one foot out- side of the outer rails of the same bears to the whole width of said pave- ment; such payments to be made before such pavements are disturbed by said company, and upon presentation of certificate to the correctness of the respective amounts, signed by the City Engineer and City Solicitor. Src. 5. The pavement provided for in. this ordinance shall be laid at such height or grade as may be fixed or determined by the City En- gineer, and shall, during the existence of this ordinance or grant, or any extension, amendment or renewal thereof, be keptin repair under his direction or under the supervision and direction of such officers as may be from time to time vested by law or ordinance of the City Council with the control and supervision of the public highways and works of the city, and on the failure of the company to make said repairs within thirty days after receiving notice so to do from the City Council, the City Council may make the same or cause the same to be done, and the said City of Co- lumbus shall collect the cost and expense thereof from said company, and the entire amount of such cost and expense shall constitute alien and charge upon the property and franchise of said company, the same as if formally levied and assessed as in the case of other municipal improve- ments. Sec. 6. Said railroad company shall at all times hereafter defend, keep harmless and indemnify the City of Columbus from any and all damages, lawful claims and demands for injuries to persons or property, 0 & I 43 | STREET RAILROAD .FRANCHISES. 319 a costs and expenses, to which said city may besubjected or made liable by any proceedings at law or in equity or otherwise growing out of the grant of the privileges in this ordinance granted, or out of the exercise or enjoy- ment of the same by said company. Src. 7. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track wherever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or any other public work or improvement required to be done by said city, not disturbing the runhing of cars where it can be avoided, without incurring any lia- bility for damages to said company. Src. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of said street. Src. 9. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner as to interfere with or impede travel or render the street dangerous. Src. 10, The conductor, drivers or motermen of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the driver, conductor or motorman must always be on the front platform while the car is in motion. Src. 11. No car shall be run at a greater speed than twelve miles an hour. Cars driven in the same direction shall not approach nearer than 100 feet, unless from unavoidable necessity or on switches or turn- outs. Said company shall at all times conform to such rules and regula- tions as may from time to time be made by the Council as to the rate of speed it may run its cars, and while the cars of said company are in mo- tion, or about to start, warning shall be given by bell or otherwise to notify persons of any immediate or approaching danger. Src. 12, Permission is hereby given said company to operate its en- tire line of street railway with any and all extensions that may hereafter be made thereto by electricity or other motive power other than animal, as shall be acceptable to the City Council for such purposes ; said company shall have the right to erect and maintain iron poles (and painted), wires, 22 % 320 REVISED ORDINANCES. [cH. 43 fixtures or conduits, and any and all other appliances or appurtenances that, in the opinion of said City Council, shall be found necessary. At and after dark all cars running shall be provided with suitablesignal lights. No cars shall be allowed to remain standing upon the line of said route, for passengers or any other purpose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed for other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such a condition as to imperil the lives, limbs or health of the pas- sengers. : Src. 18. In the erection and placing of wires or conduits and in the use of any and all other appliances or appurtenances found necessary to operate its line, a plan of the same showing all poles, wires and other ap- pliances or appurtenances that said company shall desire ‘to use shall be submitted to and approved by the City Civil Engineer; said city shall have the right to fix the height of all wires and poles above, the street, and the size and location of all conduits in the streets and the dis- tance at which poles shall be apart, to regulate the places within the streets - where any and all tracks, appliances or appurtenances shall be lo- cated, and to establish such regulations with reference to the public safety and protection as the said city shall from time to time deem necessary and proper. Src. 14., Cars shall be run by said company, its successors or assigns, at no longer intervals than ten minutes, unless prevented by unavoidable casualty, and shall be operated regularly between 8 a. M. and 10 p. m. on Sunday, and between 6 a. M. and 11 p. M. on all other days. Sec. 15. Said company shall be entitled to charge for fares as fol- lows: For round trip tickets between Columbus and Westerville, twenty- five cents; for single fare, through tickets, fifteen cents; for single fares within the corporation, five cents; for six tickets, twenty-five cents; for twenty-five tickets, one dollar. No charge to be made for children under seven years of age attended by parent or other persons in charge of them. Src. 16. Said company shall pay to the City of Columbus the sum of two hundred and fifty dollars per annum during the period of this franchise, for the privilege of using the bridge over the railroad tracks on said Front street, herein granted to said company. Said sum to be paid on the first Monday in January of each year tothe City Auditor or other proper officer of the said city. a ee Pe ee Ee oh alent, 2 © . Pa . *? © y bl wh Pee CH. 43] STREET RAILROAD FRANCHISES. 321 Src. 17. This grant is made and shall continue in force for the period of twenty-five years from June 27, 1892. Src. 18. This grant is made upon condition that the construction of said road shall be completed and ready for operation within one year from the date of the passage of this ordinance. Src. 19. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company of a written acceptance of its terms and conditions, and said company paying the bill for the legal publication of this ordinance. AN ORDINANCE NO. 7406, Granting permission of the City of Columbus, Ohio, to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its Street Railroad on Front street, Town street, Harrison street, the Harrisburg pike, Atcheson street, Twentieth street, Spruce street, Fulton street, Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Colum- bus aforesaid. ; ¢ (Passed February 18, 1893.) Wuereas, The consent, in writing, of the owners of a majority of the feet front of lots and lands abutting upon the parts of streets, avenues and public highways hereinafter specifically mentioned, has been obtained and filed with the City Clerk of said city for the construction and opera- tion of a street railroad on said streets, avenues and highways by the Co- lumbus and Westerville Railway Company, its successors and assigns; therefore, Section 1. Be wt ordained by the City Council of the City of Columbus, 0., That the Columbus and Westerville Railway Company, its successors and assigns, be and itis hereby granted permission to and is authorized to construct, maintain and operate a street railway on Front street from Spring street to Fulton street, on Fulton street from Front street to Parsons avenue, on Parsons avenue from Fulton street to Innis avenue, on Town street from High street to Princeton avenue and over the Town street bridge, on Harrison street from Town street to the Harrisburg pike, and thence on the Harrisburg pike to a point four hundred feet south of the west gate of Greenlawn Cemetery, on Spruce street from City avenue to Harrison avenue, on Harrison avenue from Spruce street to Goodale street, on Pennsylvania avenue from First avenue to Fifth avenue, on war P) A AOS Orne oR eR a Go nN i) REVISED ORDINANCES. [CH. 43 Atcheson street from St. Clair avenue to the east corporation line of said city, and on Twentieth street from Atcheson street to the north corpora- tion line of said city, in accordance with the terms of this ordinance, hereby rescinding the privilege for said company to construct and operate a street railway on Michigan avenue from First avenue to Fifth avenue, on First avenue from Michigan avenue to Pennsylvania avenue, and on Goodale street from Harrison avenue to City avenue, Src. 2. Said company shall have the right to lay down a single or double track with switches or turn-outs wherever switches or turn-outs 4 may be necessary or convenient, as said company may elect, and to connect said track or tracks by curve or curves with its other track or tracks. Sec. 3. Said track shall be of a standard gauge of the width of five feet two inches, and the rails shall be of a pattern to be approved by the City Engineer of said city. The space between the inner rails shall not exceed three feet five inches, measured from rail to rail. Sec. 4. Said company, its successors and assigns, shall keep in repair all that portion of said streets, including the roadway over the Town street bridge, which is included within one foot of the outside of the outer rails of said track; and if the City Council shall at any time order the im- provement of the roadway of said streets, or the roadway over the Town street bridge, by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt or other like material, said company shall, at its own expense, improve that portion with the same kind of material. And if on either of said avenues or streets a pavement has already been laid, and an assessment therefor placed upon the tax dupli- cate, said company shall pay a proportion of the assessments for such im- provement yet remaining unpaid, equal to the proportion the space occu- pied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of said pavement, said payment beginning with the assessment due and payable in December, 1892. In case the entire cost of such improvement has been paid by the owners of property, then the said company shall refund a like’ proportion to the property holders. The sum to be paid by said company to be ascertained and certified to by the City Engineer. Sec. 5. The pavement provided for in this ordinance shall be laid at such height or grade as may be fixed or determined by the City Engineer, and shall, during the existence of this ordinance or grant, or any ex- tension, amendment or renewal thereof, be kept in repair under his cH. 43'| STREET RAILROAD FRANCHISES, 120 direction or under the supervision and direction of such officers as may be from time to time vested by law or ordinance of the City Council with the control and supervision of the public highways and works of the city, and on failure of the company to make said repairs within thirty days after receiving notice so to do from the City Council, the City Council or other proper and legal authority may make the same or cause the same to be done, and the said City of Columbus shall collect all the cost and expense thereof from said company, and the entire amount of such cost and expense shall constitute a lien and charge upon the property and franchise of said company, the same as if formally levied and assessed in the case of other municipal improvements. Src. 6. Said railroad company shall at all times hereafter defend, keep harmless and indemnify the City of Columbus from any and all dam- ages, lawful claims and-demands for injuries to persons or property, costs and expenses to which said city may be subjected or made liable by any proceedings at law or in equity or otherwise, growing out of the grant of the privileges in this ordinance granted, or out of the exercise or enjoy- ment of the same by said company. Src. 7. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track wherever it shall be necessary in laying down or repairing water pipes, gas pipes, sewers, drains, gutters or cisterns, or any other public work or improvement required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any liability for damages to said company. Sec. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or overflow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of said streets. Sec. 9. In case it becomes necessary for said company to remove the snow and ice from its tracks on said streets, it shall not be left in such a manner as to interfere with or impede travel or render the streets dangerous. Sec. 10. The conductor, drivers or motormen of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and 324 REVISED ORDINANCES. ; [cH. 43. either the driver, conductor or motorman must always be on the front platform while the car is in motion. Sec. 11. No car shall be run at a greater speed than twelve miles an hour. Cars driven in the same direction shall not approach nearer than one hundred feet, unless from unavoidable necessity, or on switches or turn-outs. Said company shall at all times conform to such rules and regulations as may from time to time be made by the City Council as to the rate of speed it may run its cars, and while the cars of said company are in motion, or about to start, warning shall be given by bell or other- wise to notify persons of any immediate or approaching danger. Src. 12. Permission is hereby given said company to operate its entire line of street railway with any and all extensions that may here- after be made thereto by electricity or other motive power other than animals, such as shall be acceptable to the City Council for such purposes; said company shall have the right to erect and maintain wood poles (which shall be neat in appearance and painted), wires, fixtures or con- duits, and any and all other appliances or appurtenances that, in the opinion of said City Council, shall be found necessary. At and after dark all cars running shall be provided with suitable signal lights. .No car shall be allowed to remain standing upon the line of said route, for pas- séngers or other purposes, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed for other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such a condition as to imperil the lives, limbs or health of the passengers. Src. 13. In the erection and placing of wires or conduits, and in the use of any and all other appliances or appurtenances found necessary to operate its line, a plan of the same showing all poles, wires and other ap- pliances or appurtenances that said'company shall desire to use shall be submitted to and approved by the City Engineer. Said city shall have © the right to fix the height of all wires and poles above the street, and the size and location of all conduits in the streets and the distance at which poles shall be apart, to regulate the places within the streets where any and all tracks, appliances or appurtenances shall be located, and to estab- lish such regulations with reference to the public safety and protection as the said city shall from time to time deem necessary and proper. Sec. 14, Cars shall be run by said company, its successors or assigns, at no longer intervals than ten minutes, unless prevented by unavoidable CHAS." STREET RAILROAD. FRANCHISES. 325 casualty, and shall be operated regularly between 8 A. M. and 10 p. M. on Sunday, and between 6 a. mM. and 12 M. on other days. Src. 15. Said company shall be entitled to charge for fares as follows: For round trip tickets between Columbus and Westerville, twenty-five cents; for single fare, through tickets, fifteen cents; for single fares within the corporation, five cents; for six tickets, twenty-five cents; for twenty- five tickets, one dollar. No charge to be made for children under seven years of age attended by parent or other persons in charge of them. Sec. 16. This grant is made and shall continue in force until June 27, 1917. ) Sec. 17. This grant is made upon condition that the construction of said road shall be begun not later than May 1, 1893, and completed on or before April 1, 1894; and upon failure of said company, its successors or assigns, to complete said road and each and every part thereof not later | than said April 1, 1894, all rights and privileges herein granted to said company, its successors and assigns, shall thereupon cease and determine. Sec. 18. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company of a written acceptance of its terms and conditions. AN ORDINANCE NO. 7480. Supplementary to Section 17 of anordinance entitled “An Ordinance No. 6954, granting permission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate a Street Railroad on Cleveland avenue to the north corporation line of said city, and thence to the village of Westerville,” and passed May 16, A. D. 1892. (Passed May 1, 1893.) WHEREAS, The said railway company has been prevented from com- pleting the construction of said street railroad and having the same ready to operate, by means of a temporary injunction granted by one of the judges of the Court of Common Pleas of this county, on an appli- cation made in the name of one Theodore Leonard in a suit commenced in his name against said railway company in said court, and by a like temporary injunction granted by a judge of the same court ina suit com- menced therein in the name of one John Hunt against said company, the object of which suits is to obtain a decree restraining said company from 326 REVISED ORDINANCES. [CH. 43 completing the construction of said railroad under said ordinance; and, WueEREAS, According to the mode of procedure in said court in such cases, the questions whether said temporary injunctions ought to have been granted and whether the motions which said company has filed in said court to dissolve said injunctions upon the ground that the law and the facts did not entitle said Leoaard nor said Hunt to such injunc- tions, nor to the perpetual injunctions which are asked in their names, re- spectively, and the question whether a perpetual injunction should be granted or refused can not be determined by such time as will enable said company tocomplete said street railroad by the 17th day of May, A. D. 1893; and, , WueErEAs, The best interest of the city will be promoted by the com- pletion of said railroad ; therefore, | Section 1. Be it ordained by the City Council of the City of. Columbus, Ohio, That the time within which the construction of said road shall be completed and ready for operation shall be and the same is hereby extended until the expiration of five months from and after the final determina- tion of said suits in which said injunctions have been temporarily al- lowed. Src. 2. Be it further ordained, That so much of said Section 17 of said ordinance passed May 16, 1892, as is in conflict or inconsistent with Section 1 of this ordinance be and the same is hereby repealed; and the provisions of said Section 17 are hereby so modified that the grant made in and by said ordinance passed May 16, 1892, shall be upon the condi- tion that the construction of said road shall be completed and the road ready for operation by the time limited in the first section of this ordi- nance. Sec. 3. This ordinance shall take effect upon its passage and publi- cation according to law. Oo ie) “I CH. 43) STREET RAILROAD FRANCHISES. AN ORDINANCE NO. 7682. Supplemental to Section 17 of an ordiaance entitled ‘““An Ordinance No. 7406, granting permission of the City of Columbus, Ohio, to the Columbus and Westerville Rail- way Company, its successors and assigns, to construct, maintain and operate an ex- tension of its Street Railroad on Front street, Town street, Harrison street, the Har- risburg pike, Atcheson street, Twentieth street, Spruce street, Fulton street, Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Columbus afore- said.” Passed February 13, 1893. (Passed July 17, 1893.) WueErEas, The said railway company has been prevented from com- pleting the construction of its main line of railroad upon Cleveland avenue in the City of Columbus, and from said city to the village of Westerville, by injunction granted by the Court of Common Pleas of Franklin county, Ohio, on application made by Theodore Leonard and John R. Hunt in suits brought by them against said company, the object of which suits is to obtain a decree restraining said company from com- pleting the construction of said railroad, which said suits pending in said court ; and, Wuereas, On the Ist day of May, 1893, the City Council of said city passed an ordinance, No. 7480, whereby it was ordained that the time within which said main line of said company’s railroad upon said Cleve- land avenue, and from said city to the village of Westerville, should be completed, should be and the same was extended until the expiration of five months from and after the final determination of said suits in which said injunctions had been allowed; and, WHEREAS, It is for the best interests of said city that said railroad should be completed, and that the time within which the extension of its railroad authorized by said Ordinance No. 7406 is to be completed, should be extended so as to permit said company to construct the extension of its said railroad after the final determination of the suits now pending ; therefore, Section 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the time within which the construction of said railroad upon the streets and avenues mentioned in said Ordinance No. 7406 shall be completed and ready for operation, shall be and the same is hereby ex- tended until the expiration of twelve months from and after the final de- termination of said suits brought by Theodore Leonard, John R. Hunt and’ Ninian Romanis against said company above mentioned. 328 | REVISED ORDINANCES. fen: #3 Src. 2. Be it further ordained, That so much of said Section 17 of said ordinance passed February 13, 1893, as is in conflict or inconsistent with Section 1 of this ordinance be and the same is hereby repealed, and the provisions of said Section 17 are hereby modified that the grant made in and by said ordinance passed February 138, 1893, shall be upon the con- dition that the construction of said road shall be completed and the road ready for operation by the time limited in the first section ot this ordi- nance. . Sec. 3. This ordinance shall take effect upon its passage and publi- - cation according to law. AN ORDINANCE NO. 7633. Supplementary to Section 18 of an ordinance entitled “An Ordinance No. 7119, granting permission of the City of Columbus to the Columbus and Westerville Railway Com- pany, its successors and assigns, to construct, maintain and operate an extension of its Street Railroad on Mt. Vernon avenue, Neil street, Spring street, Front street, Park street, Spruce street, Goodale street, Harrison avenue, First avenue and Mich- igan avenue, also on Grove street aad St. Clair avenue in the City of Columbus, Ohio,” passed August 1, 1892. (Passed July 17, 1898.) WuerreEas, The said railway company has been prevented from com- pleting the construction of its main line of railroad upon Cleveland avenue in the City of Columbus, and from said city to the village of Westerville, by injunction granted by the Court of Common Pleas of Franklin county, Ohio, on applications made by Theodore Leonard and John R. Hunt in suits brought by them against said company, the ob- ject of which suits is to obtain a decree restraining said company from completing the construction of said railroad, which said suits are still ‘pending insaid court; and, Wuereas, On the Ist day of May, 1893, the City Council of said city passed an ordinance, No. 7480, whereby it was ordained that the time within which said main line of said company’s railroad upon said Cleve- land avenue, and from said city to the village of Westerville, should be completed, should be and the same was extended until the expiration of © five months from and after the final determination of said suits in which said injunction had been allowed; and, Wuereas, It is for the best interests of said city that said railroad should be completed, and that the time within which the extension of its CH. 43 | STREET RAILROAD FRANCHISES. 329 railroad authorized by said Ordinance No. 7119 is to be completed, should be extended so as to permit said company to construct the extension of its said railroad after the final determination of the suits now pending ; therefore, . Section 1. Be it ordained by the City C.wneil of the City of Columbus, Ohio, That the time within which the construction of said railroad upon the streets and avenués mentioned in said Ordinance No. 7119 shall be completed and ready for operation, shall be and the same is hereby ex- tended until the expiration of twelve months from and after the final de- termination of said suits brought by Theodore Leonard, John R. Hunt and Ninian Romanis against said company above mentioned. Src.2. Be it further ordained, that so much of said Section 18/of said ordinance passed August 1, 1892, as is in conflict or inconsistent with Section 1 of this ordinance be and the same is hereby repealed, and the provisions of said Section 18 are hereby modified that the grant made in and by said ordinance passed August 1, 1892, shall be upon the condition that the construction of said road shall be completed and the road ready for operation by the time limited in the first section of this ordinance. Sec. 3. This ordinance shall take effect upon its passage and publi- cation according to law. AN ORDINANCE NO. 8982. To amend Section 2 of an ordinance entitled “An Ordinance No. 6954, granting per- mission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate a Street Railroad on Cleveland avenue to the north corporation line of said city, and thence to the village of Westerville,” passed May 16, 1892, and to amend Section 1 of an ordinance en- titled ““An Ordinance No. 7480, supplementary to Section 17 of said Ordinance No. 6954,” which supplementary ordinance was passed May 1, 1893. (Passed June 25, 1894.) SecTIoN 1. Be it ordained by the City Council of the City of Columbus, Ohio, That Section 2 of an ordinance entitled ‘An Ordinance No. 6954, granting permission of the City of Columbus to the Columbus and West- erville Railway Company, its successors and assigns, to construct, main- tain and operate a street railroad on Cleveland avenue to the north corpo- ration line of said city, and thence to the village of Westerville,” passed May 16, 1892, be so amended to read as follows, the owners of a majority eS Oa 330 REVISED ORDINANCES. CH. 543 of the feet front thereon having assented toa double track: Sec. 2. Said company, its successors or assigos, shall have the right to lay down a single or double track with switches and turn-outs wherever switches or turn- outs may be necessary or convenient, as said company or its successors and assigas may elect, and to connect said track or ares by curve or curves with its other track or tracks. Sec, 2. And be tt further ordained, That Section 1 of an Ordinance No. 7480, supplementary to Section 17 of the aforesaid Ordinance No. 6954, which supplementary ordinance was passed May 1, 1893, be so amended as to read as follows: Sec. 1. That the time within which the construction of said road shall be completed and ready for operation, shall be and the same is hereby extended to the expiration of one year from the date of the passage of this ordinance. Sec. 3. That said Section 2 of said original Ordinance No. 6954, and passed May 16, 1892, and said section 1 of said supplementary ordinance No. 7480, passed May 1, 1895, and all ordinances and parts of ordinances inconsistent herewith be and the same are hereby repealed. Sec. 4. And be it further ordained, That said company, its successors and assigns, shall have the right to construct its curves at street intersec- tions in such manner that the inside rail of the curve shall have a mini- mum radius of forty feet. Sec. 5.- And that this ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 8976. * To amend Section 4 of an ordinance entitled “An Ordinance No. 7406, granting permis- sion of the City of Columbus, Ohio, to the Columbus and Westerville Railway Com- pany, its successors and assigns, to construct, maintain and operate an extension of its Street Railroad on Front street, Town street, Harrison street, the Harrisburg pike, Atcheson street, Twentieth street, Spruce street, Fulton street, Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Columbus aforesaid.” (Passed June 25, 1894.) Srcrion 1. Be it ordained by the Cowncil of the City of Columbus, Ohio, That Section 4 of an ordinance entitled ‘‘An Ordinance No. 7406, granting permission of the City of Columbus, Ohio, to the Columbus and Wester- ville Railway Company, its successors and assigns, to construct, maintain CH. 43 | STREET RAILROAD FRANCHISES. kKDS and operate an extension of its street railroad on Front street, Town street, Harrison street, the Harrisburg pike, Atcheson street, Twentieth street, Spruce street, Fulton street, Parsons avenue, Harrison avenue and Penn- sylvania avenue in the City of Columbus aforesaid,” passed on the 13th day of February 1893, be and the same is hereby amended £0 as to read as follows: Sec. 4. Said. company, its successors and assigns, shall keep in repair all that portion of said streets, including the roadway over the Town street bridge, which is included within one foot of the outside of the outer rails of said track; and if the City Council shall at any time order the improve- ment of the roadway of said streets, or the roadway over the Town street bridge, by laying down thereon a permanent pavement of stone block, nard-burned brick, asphalt or other like material, said company shall, at its own expense, improve that portion with the same kind of material. And if on either of said avenues or streets a pavement has already been laid, and an assessment therefor placed upon the tax duplicate, said com- pany shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the proportion the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of said pavement; said payment beyinning with the assessment due and payable December, 1892. In case the entire cost of such improvement has been paid by the owners of property, then the said company shall refund a like proportion to the property holders. The sum to be paid by said company to be ascertained and certified to by the City Engineer; provided, however, that said company, its successors and assigns, shall not pay or in any wise be chargeable with the cost and expense of the con- struction of the first permanent improvement of Parsons avenue from Livingston avenue to the south corporation line of said city, or any part thereof. . Sec. 2. That said original Section 4, as passed on the 13th day of February, 1893, be and the same is hereby repealed. Sec. 3. That this ordinance shall take effect and be in force from and after its passage and publication according to law. 2 Go to REVISED ORDINANCES. [cH. 43 AN ORDINANCE NO. 9674. To amend Section 1 of an ordinance passed July 17, 1893, and entitled “ An Ordinance No. 7633, supplementary to Section 18 of an ordinance entitled ‘An Ordinance No. 7119, granting permission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its Street Railway on Mt. Vernon avenue, Neil street, Spring street, Front street, Park street, Spruce street, Goodale street, Harrison avenue, First avenue and Michigan avenue, also on Grove street and St. Clair avenue in the City of Columbus, Ohio, passed August 1, 1892,’” and to amend Section 1 of an ordinance passed July 17, 1893, and entitled ‘“An Ordinance No. 7632, supplementary to Section 17 of an ordinance eatitled ‘An Ordinance No. 7406, granting permission of the City of Columbus, Ohio, to the Columbus and Westerville Railway company, its successors and assigns, to construct, maintain and operate an extension of its Street Railroad on Front street, Town street, Harrison street, the Harrisburg pike, Atche- son street, Twentieth street, Spruce~street, Fulton street, Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Columbus aforesaid, passed Febru- ary 13, 1893.’” (Passed January 7, 1895.) Srction 1. Be wt ordained by the City Council of the City of Columbus, O., That Section 1 of an ordinance passed July 17, A. D. 1893, and’ en- titled ‘‘ An Ordinance No. 7633, supplementary to Section 18 of an ordi- nance entitled ‘An'‘Ordinance No. 7119, granting permission of the City of Columbus to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its street railway on Mt. Vernon avenue, Neil street, Spring street, Front street, Park street, Spruce street, Goodale stieet, Harrison avenue, First avenue and Michigan avenue, also onGrove street and St. Clair avenue in the City of Columbus, Obio, passed August 1, 1892,’” be so amended as to read as follows: Sec. 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the time within which the construction of said railroad upon the streets and avenues mentioned in said Ordinance No. 7119 shall be completed and ready for operation, shall be and the same is hereby extended to the Ist day of January, A. D. 1896. And that Section 1 of an ordinance passed July 17, 1893, and entitled “An Ordinance No. 7632, supplementary to Section 17 of an ordinance entitled ‘An Ordinance No. 7406, granting permission of the City of Co- lumbus, Ohio, to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its street railroad on Front street, Town street, Harrison street, the Har- risburg pike, Atcheson street, Twentieth street, Spruce street, Fulton street, * § Mee sa Cis 43 | STREET RAILROAD FRANCHISES. 333 Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Columbus aforesaid, passed February 13, 1893,’” be so amended as to read as follows: Sec. 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the time within which the construction of said railroad upon the streets and avenues mentioned in said Ordinance No. 7406 shall be completed and ready for operation, shall be and the same is hereby extended to the Ist day of January, A. D. 1896, — Src. 2. That said original Section 1 of said Ordinance No. 7633, and said original Section 1 of said Ordinance No. 7682, and all ordinances and parts of ordinances inéonsistent with this ordinance are hereby repealed. Sec. 8. This ordinance shall take effect on its passage and publica- tion according to law. AN ORDINANCE NO. 9543. Granting the consent of the Council of the City of Columbus, Ohio, to extend, construct, maintain and operate on Town street from the present termination of the Street Railway right on said street west to Central avenue; thence south on Central avenue to Sullivant avenue; thence west on Sullivant avenue to a point opposite Sherman avenue produced southerly to Sullivant avenue; thence north through the lands of G. A. Doren and said Sherman avenue to Doren avenue; thence west on said. Doren avenue to Grand avenue; thence north on Grand avenue to the south line of Broad street. (Passed April 8, 1895.) Section 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the consent of said Council be and the same is hereby given to the Columbus Central Railway Company, its successors and assigns, to construct, maintain and operate a single or double track street railway with all necessary switches from the present termination of its right on Town street at its intersection with Princeton avenue; west on Town street to Central avenue; thence south on Central avenue to Sullivant avenue; thence west on Sullivant avenue to a point opposite to Sherman avenue produced southerly to Sullivant avenue; thence north through the lands of G. A. Doren to Sherman avenue, and on‘said Sherman avenue north to Doren avenue; thence west on Doren avenue to Grand avenue; thence north on Grand avenue to south line of Broad street. Sec. 2. That the franchise hereby granted shall expire on the 27th day of June, 1917. 33a REVISED ORDINANCES. (cH. 43 Sec. 3, That said extension may be operated by electricity, cable, or other improved motive power that may hereafter be found adapted to the operation of street railroads, and said company may Jay and operate single or double tracks as it may deem necessary or proper. Sec. 4. Said company, whenever said streets or any of them shall ie improved under the authority of the City Council of the City of Colum-_ bus, shall pay for so much of such improvement as shall lie between the outer rails of its track or tracks, it being understood that if said company shall lay a double track, it shall be required to pay for that part of said improvement which shall lie between the inner rails of such double track; provided, that if said track shall be a single track with switches, in that case the company shall be required to pay for that part of the pavement between the outside rails of said switches, In no event shall said com- pany be required to pay for any other portion or part of said improve- ment than is herein expressly provided for. Src. 5. The said street railway company shall be required to run its cars upon this extension between the hours of 5:30 o’clock a. mM. and 11 o'clock p. M, and at such intervals as the said company may from time to time determine upon, but such intervals of time shall at no time ex- ceed twenty-four minutes for the first three years after the passage of this ordinance, and thereafter at such intervals as the Council may thereafter determine; and no delay in the running of said cars caused by the opera- tion of steam railways across any portion of said streets, or from any other unavoidable cause, shall be considered a failure to comply with the pro- visions of this section. Said company shall run its cars at such rate of speed as the City Council from time to time shall determine. Src. 6. The polesand wires of said company shall be so constructed and aeteiad and maintained as to cause no serious interference with existing telephone wires and poles. Sec. 7. In case it becomes necessary for said company to remove the snow or ice from its tracks on said street, the same shall not be left in such a manner as to interfere with or impede travel or render the street dangerous. Sec. 8. At and after dark all cars shall be provided with suitable lights on the front end of the same. Sec. 9. The right of the City of Columbus to revoke this grant if said company shall fail to comply with the provisions of this ordinance is hereby reserved. CH. 43 | STREET RAILROAD FRANCHISES. 335 Src, 10. The said company shall be liable for and shall hold the said City of Columbus harmless during the period of this ordinance from any and all damages, costs or expense that shall accrue or happen to persons, corporations or property by reason of the construction, use, management or operation of the line of street railroad mentioned herein. Src. 11. The City of Columbus shall not be liable in any way to said company for damages it may sustain from overflow of water from any sewer or drain, or from the breaking of any water pipe, gas pipe, or by reason of the change in the grade of any of the streets of said city, or by reason of any work or improvement required to be done by said City of Columbus. Sec. 12. The City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water | pipes, gas pipes, sewers, drains, gutters or cisterns, or for any public work or improvement required to be done by said city, without incurring any liability for damages to said company, and the running of cars shall not be disturbed where it can be avoided. | Src. 18. The conductor and motorman shall not allow any woman or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and either the motorman or conductor must always be on the front platform while the carisin motion. : Src. 14. Said company shall have the right to erect and maintain iron or wooden poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that, in the opinion of said City Council, shall be found necessary. At and after dark all cars, while running, shall _ be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said extension, for passengers or any other pur- pose, so as to impede any other vehicle, but shall be subject to such police regulations as are or may be prescribed in regard to other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of the passengers. Src. 15. Said company shall not charge greater fare over their entire line, including the extension herein provided for, than they are now authorized to charge on the present line, 23 336 REVISED ORDINANCES. [CH. 43 — ee ee Sec. 16. Nothing in this ordinance contained shall be held or con- sidered to be an extension or prolongation of any franchise or privilege heretofore granted by the City of Columbus to the company, but. the franchise to operate said extension shall terminate at the same time and be subject to the same present and future control by Council or the pub- lic as that of the other Town street franchise of said company. Sec. 17. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company with the City Clerk of a written acceptance of its terms and conditions, which acceptance must be filed within two weeks after the passage hereof, or all rights and privileges herein contained shall lapse. AN ORDINANCE NO. 10506. To repeal an Ordinance No. 8976, passed June 25, 1894, and to re-enact Section 4 of an Ordinance No. 7406, granting the permission of the City of Columbus, Ohio, to the Columbus and Westerville Railway Company, its successors and assigns, to con- struct, maintain and operate an extension of its Street Railroad on certain streets therein named. (Passed August 19, 1895.) Section 1. Be tt ordained by the Council of the City of Columbus, Ohio, That Ordinance No. 8976, ‘‘ Granting permission of the City of Columbus, ‘Ohio, to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its street railroad on certain streets therein named,” be and the same is hereby re- pealed. Sec. 2. That Section 4 of an ordinance entitled “‘ An Ordinance No. 7406, granting permission of the City of Columbus, Ohio, to the Columbus and Westerville Railway Company, its successors and assigns, to construct, maintain and operate an extension of its street railroad on Front street, Town street, Harrison street, Harrisburg pike, Atcheson street, Twentieth ‘ street, Spruce street, Fulton street, Parsons avenue, Harrison avenue and Pennsylvania avenue in the City of Columbus, Ohio,” be and the same is hereby re-enacted in the words and figures following, to-wit: Sec. 4. Said company, its successors and assigns, shall keep in repair all that por- tion of said streets, including the roadway over the Town street bridge, which is included within one foot of the outside of the outer rails of said track; and if the City Council shall at any time order the improvement CH. 43| STREET RAILROAD FRANCHISES. au EEE SDE AS at SENS eS oo AD es Sp aa eae aS A RE of the roadway of said streets, or the roadway over the Town street bridge, by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt or, other like material, said company shall, at its own expense, improve that portion with the same kind of material ; and if on either of said avenues or streets a payement has already been laid, and an assessment therefor placed upon the tax duplicate, said com- pany shall pay a proportion of the assessments for such improvement yet remaining unpaid, equal to the proportion the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole, width of said pavement; said payment beginning with the assessment due and payable in December, 1892. In case the entire cost of such im- provement has been paid by the owners of property, then the said com- pany shall refund a like proporticn to the property holders. The sum to be paid by said company to be ascertained and certified to by the City Engineer. Src. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 10586." Granting permission of the City of Columbus to the Columbus Central Railway Com- pany, its successors and assigns, to construct, maintain and operate an extension of its Street Railroad on Fifth street, Donaldson street, Mohawk street, Reinhard avenue, Jaeger street, Hanford street and Fourth street in the City of Columbus, Ohio. (Passed October 21, 1895.) WuerREAs, The consent, in writing, of the owners of a majority of the feet front abutting upon Fifth street, Donaldson street, Mohawk street, Reinhard avenue, Jaeger street, Hanford street and Fourth street has been obtained and filed with the City Clerk of said city to the con- struction and operation of a street railroad on said streets and avenues by the Columbus Central Railway Company ; therefore, SecTion 1. Be it ordained by the City Cowneil of the City of Columbus, Ohio, That the Columbus Central Railway Company, its successors and assigns, be and it is hereby granted permission to and is authorized to construct, maintain and operate a street railway on Fifth street from Ful- ton to Donaldson, on Donaldson from Fifth street to Mohawk street, on 338 REVISED ORDINANCES. [cH. 43 Mohawk from Donaldson to Reinhard, on Reinhard from Mohawk to Jaeger, on Jaeger from Reinhard to Hanford, on Hanford from Jaeger to Fourth, and on Fourth from Hanford to Innis avenue in said city, in ac- cordance with the terms of this ordinance. Src. 2. Said company shall have the right to lay down a single or double track with switches and turn-outs wherever switches and turn-outs may be necessary or convenient, as said company may elect, and to con- nect said track or tracks by curve or curves with its other track or tracks. a Src. 8. Said track shall be of a standard gauge of the width of five feet two inches, and the rails shall be an approved pattern of not less than seventy pounds to the yard. The space between the inner rails shall not exceed three feet five inches, measured from rail to rail. Src. 4. Said company, its successors and assigns, shall keep in repair and sprinkle and keep clean all that portion of said streets which is in- cluded within one foot on the outside of the outer rails of its said track ; and if the City Council shall at any time order the improvement of the roadway of said street by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt, macadam or other like material, said company shall, at its own expense, improve that portion with the same character of material; and if on either of said avenues or streets a pavement has already. been laid, and an assessment therefor placed upon the tax duplicate, or any assessment made therefor, said company shall pay a proportion of the assessment and interest thereon for such improve- ment yet remaining unpaid, equal to the proportion the space occupied by its track, and one foot outside of the outer rails of the same bears to the whole width of said pavement; and when any portion of said assess- ments has been paid, there shall be refunded by said company to the re- spective owners of the property against which the said assessments were levied, such proportions of the amounts and interest thereon paid by them, respectively, as will equal the proportion which the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of said pavement; such payments to be made before said pavements are disturbed by said company, and upon presentation of cer- tificate to the correctness of the respective amounts signed by the City Engineer. Src.5. The pavement provided for in this ordinance shall be laid at such height or grade as may be fixed or determined by the City Engineer, and shall, during the existence of this ordinance or grant or any exten- sion, amendment or renewal thereof, be kept in repair under his direction CH. 43| STREET RAILROAD FRANCHISES. 339 or under the supervision and direction of such officers as may be from time to time vested by law or ordinance of the City Council with the con- trol and supervision of the public highways and works of the city, and on the failure of the company to make said repairs within thirty days after receiving notice so to do from the City Council, the City Council may make the same or cause the same to be done,and the said City of Columbus shall collect all the cost and expense thereof from said com- pany, and the entire amount of such cost and expense shall constitute a lien and charge upon the property and franchise of said company, the same as if formally levied and assessed as in the case of other municipal improvements. . Src. 6. Said railroad company shall at all times hereafter defend, keep harmless and indemnify the City of Columbus from any and all damages, lawful claims and demands for injuries to persons or property, cost and expenses to which said city may be subjected or made liable by any proceeding at law or in equity, or otherwise growing out of the grant of the privileges in this ordinance granted, or out of the exercise or en- joyment of the same by said company. Src. 7. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary in laying down or repairing water pipes, gas pipes; sewers, drains, gutters or cisterns, or for any other public work or improvement required to be done by said city, not disturbing the running of cars where it can be avoided, without incurring any lia- bility for damages to said company. Src. 8. The said City of Columbus shall not be liable in any way to said company for damages it may sustain from the breaking or over- flow of water from any sewer or drain, or from the breaking of any water pipe or gas pipe, or by reason of any change in the grade of said street. Src. 9. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner as to interfere with or impede travel, or render the street dan- gerous. Sec. 10. The conductors, drivers or motormen of cars shall not allow any lady or child to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages, persons and obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident, and 340 REVISED ORDINANCES. [cH. 43 either the driver, conductor or motorman must always be on the front platform while the car is in motion. Sec. 11. Nocars shall be run at a greater rate of speed than twelve miles an hour. Cars driven in the same direction shall not approach nearer than one hundred feet, unless from unavoidable necessity, or on switches or turn-outs. Said company shall at all times conform to such rules and regulations as may from time to time be made by the City Council as to the rate of speed it may run its cars, and while the cars of said company are in motion, or about to start, warning shall be given by bell or otherwise to notify persons of any immediate or approaching danger. ‘ Sec. 12. Permission is hereby given said company to operate its en- tire line of street railway, with any and all extensions that may hereafter be made thereto by electricity or other motive power other than animal, as shall be acteptable to the City Council for such purposes; said com- pany shall have the right to erect and maintain iron poles, wires, fixtures and conduits, and any and all other appliances and appurtenances that, in the opinion of said City Council, shall be found: necessary. At and after dark all cars running shall be provided with suitable signal lights. No car shall be allowed to remain standing upon the line of said routr, for passengers or any other purpose, so as to impede any other vehicle but shall be subject to such police regulations as are or may be pre- scribed for other vehicles, so far as they may be applicable. No car or cars shall be used on such railroad if so worn out, broken or so constructed or kept in such condition as to imperil the lives, limbs or health of the passengers. i Sec. 13. In the erection and placing of wires or conduits, and in the use of any and all other appliances or appurtenances found necessary to operate its line, a plan of the same showing all poles, wires and other ap- pliances or appurtenances that said company shall desire to use shall be submitted to and approved by the City Civil Engineer; said city shall have the right to fix the height of all wires and poles above the street, and the size and location of all conduits in the streets and the distance at which poles shall be apart, to regulate the places within the streets, where any and all tracks, appliances and appurtenances shall be located, and to es- tablish such regulations with reference to the public safety and protection as the said-city shall from time to time deem necessary and proper. Src. 14. Cars shall be run by said company, its successors or assigns, at no longer intervals than ten minutes, unless prevented by unavoidable CH. 43] STREET RAILROAD FRANCHISES. 341 casualty, and shall be operated regularly between 8 a. M. and 10 Pp. M. on Sunday, and between 6 A. M. and 11 p.M. on all other days; provided, that the last car shall not leave the eastern or southern terminus before 11:30 p.m. (The time referred to in this ordinance is standard time.) Sree. 15. Said company shall be entitled to charge for fares as follows: For round trip tickets between Columbus and Westerville, twenty-five cents; for single fare, through tickets, fifteen cents; for single fares within the corporation, five cents; for six tickets, twenty-five cents; for twenty- five tickets, onedollar. Nocharge shall be made for children under seyen years of age attended by parents or other persons in charge of them. Src. 16. This grant is made and shall continue in force for the period of twenty-five years from the date of the passage of the first ordi- nance granted to said company or its predecessors a right of way over any street or portion thereof within said city. Sec. 17. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing by said company of a written acceptance of its terms and conditions. _ For the expense of advertising this ordinance the city shall be reimbursed by the Columbus Central Railway Company, and nothing herein shall be deemed to give said Columbus Central Railway Company a right to enter upon said street between the points therein named, until said costs are paid to and receipted for by the Director of Accounts. SUBDIVISION 3—OTHER LINES. AN ORDINANCE NO. 7594. To establish a Street Railroad route on West Mound street from High street to the west corporation line. (Passed July 17,1893 ) SEcTION 1. Be ut ordained by the Cowncil of the City of Columbus, Ohio, That a street railroad route be and the same is hereby established as follows: Commencing at the corner of South High street and West Mound street; thence in a westerly direction on said West Mound street to the west cor- poration line of the City of Columbus, Ohio. The number of tracks on said street shall be either single or double, as shall be necessary to accom- modate the public, together with the necessary switches and turn-outs. 342 REVISED ORDINANCES. [CH. 43 Sec. 2. That the City Clerk is hereby directed to advertise for sealed proposals to construct and operate said street railroad route as established: in Section 1 hereof, for a period of three consecutive weeks as provided by law. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 8105. Granting the consent of the City Council to the construction of a Street Railroad in West Mound street by the Columbus and Harrisburg Electric Street Railway Company. (Passed December 11, 1893.) Wuerras, The Council of the City of Columbus did by Ordinance No. 7594, passed the 17th day of July, 1893, approved by Mayor July 18, 1893, establish a street railroad route in West Mound street from High street to the west corporate line of the city; and, Wuereas, The City Clerk of said city, in pursuance of the directions in said ordinance contained, did give public notice by publication in the Ohio State Journal, a newspaper published daily in said city, and of gen- eral circulation therein, for three consecutive weeks next preceding the 17th day of August, 1893, advising the public that sealed proposals would be received until 12 o’clock noon of the 17th day of August, 1893, by the Board of Public Works of said city, for the grant of the right to construct and operate said street railroad route as established in said Ordinance No. 7594; and, Wuereas, Bids were received by said board at the time mentioned in said notice, and were opened by said board at said time, and it appear- ing that the Columbus and Harrisburg Electric Street Railway Company proposes to carry passengers on said street railroad at lower rates of fare than any other bidders, viz.: For single cash fare, five cents each, com- mutation tickets in packages, twenty-five for one dollar, twelve for fifty cents and six for twenty-five cents, ard has filed with said board and with the Council the written consent of a majority of the property owners on the line of said proposed street railroad, represented by the feet front of the lots abutting upon the street in which it is proposad to construct such street railroad ; now, therefore, pe a CH. 43] STREET RAILROAD FRANCHISES. 343 — Beit ordained by the Cuty Council of the City of Columbus, Ohio, as follows: Srcrion 1. Be it ordarned by the City Council of the City of Columbus, That the Columbus and Harrisburg Electric Street Railway Company, its successors and assigns, is hereby granted permission to construct, main- tain and operate for a period of twenty-five years from the 18th day of November, A. D. 1893, a double or single track street railroad on the following street in the said City of Columbus, between the following named points, to-wit: Beginning at the intersection of High street and Mound street; thence westerly on said West Mound street to the west cor- porate line of the said City of Columbus. Src. 2. That said railroad may be operated by electricity, cable, or such other improved motive power which may hereafter be found adapted to the operation of street railroads. Src. 8. Said company, its successors and assigns, shall keep in repair all that portion of said street which is included within the outer rails of said track, and one foot outside thereof; and if the City Council shall at any time order the improvement of the roadway of said street by laying down thereon a permanent pavement of stone block, hard-burned brick, asphalt or other like material, the said company shall lay down, at its own expense, on the portion occupied by it, and one foot outside of the outer rails of its said track, a pavement of the same material; and if on said street a pavement has already been laid, and an assessment thereof placed upon the tax duplicate, said company shall pay a proportion of the assessment and interest for such improvement yet remaining unpaid, equal to the proportion which the space occupied by their tracks, and one foot outside of the outer rails thereof bears to the whole width of said pavement; and when any portion of said assessments has already been paid, there shall be refunded by said company to the resnective owners of the property against which the said assessments were levied, such propor- tion of the amounts paid by them, respectively, as will equal the propor- tion which the space occupied by its tracks, and one foot outside of the outer rails of the same bears to the whole width of the said pavement; such payments to be made before said pavements are disturbed by said company, and upon presentation of a certificate to the correctness of the respective amounts signed by the City Engineer and the Director of Law. Src, 4. The tracks of said company shall be laid on the grades fixed by the City Engineer, and in case of street improvements ordered by the City Council, said company in laying its tracks, or relaying them, if it be necessary so to do, shall keep pace with the progress of the work of said 344 REVISED ORDINANCES. [CH. 43 improvement, so that the same shall not be hindered or delayed; and in case of failure by said company to proceed with the construction of its track, or the paving of the space between, and one foot outside of its outer rails, as above provided for, the Board of Public Works may cause the same to be done, and the cost and expense thereon to be paid by said company upon the certificate of the City Civil Engineer. If at any time a change of grade is made by authority of the City of Columbus, said Columbus and Harrisburg Electric Street Railway Company shall pay _ their proportion of the cost in making such change of grade. Sec. 5. Said track shall be of standard gauge of the width of five feet two inches, and the rails used shall not be less than seventy pounds per yard in weight. The space between the lines of double track shall not exceed four feet. Sec. 6. The said company shall be liable for and shall hold the said City of Columbus harmless during the period of this ordinance, or any amendment, supplement or extension of the same may be in force, from any and all damages, cost or expenses that shall accrue or happen to persons, corporations or property by reason of the construction, existence, use or management or operation of the line of street railroad herein ‘mentioned. Seo. 7. The said City of Columbus shall not be liabie in any way to said company for any damage it may sustain from the breakage or over- flow of water from any sewer or drain, or from the breakage of any water pipe or gas pipe, or by reason of the change in the grade of any of the streets in said city, or by reason of any other work or improvement required to be done by said City of Columbus. Sec. 8. The said City of Columbus shall have the right to remove or obstruct, or authorize the same to be done, any portion of said railroad track whenever it shall be necessary so to do in laying down or repairing any water pipes, gas pipes, sewers, drains, gutters or cisterns, or any other public work or improvement required to be done by said city, not disturb- ing, however, or delaying the running of cars where it can be avoided, without incurring any liability for damages to said company. Src. 9. The lines of street railroad provided for herein shall be oper- ated and’ maintained in accordance with the provisions of such other ordinances for the regulation and control of street railroads as may be now in force, where the provisions of the same do not conflict with the provisions contained therein. * Gi. 43 | STREET RAILROAD FRANCHISES. 345 Src. 10. In case it becomes necessary for said company to remove the snow and ice from its tracks on said street, it shall not be left in such a manner as to interfere with or impede travel, or render the street dan- gerous. Seo. 11. At and after dark all cars running shall‘be provided with suitable signal lights on front end of vestibule. Src. 12. The conductors or other employes managing and in charge of cars shall not allow any person to enter or leave any car while in motion, and shall keep vigilant watch for all teams, carriages,’ persons or obstructions upon or near the track, and upon the first appearance of danger therefrom shall give warning and stop the car, if necessary, to prevent accident,,and either the conductor or some other employe must always be on the front platform while the car is in motion. Sec. 13. Said street railroad company shall provide and maintain good service. All cars must be kept clean and in good repair and heated in cold weather. And said Columbus and Harrisburg Electric Street Railway Company shall stop to receive and deliver passengers at such points as the City Council may direct. Said cars shall run between the hours of 5:30 a. M. and 11:30 p, M., and said company shall run cars at such intervals as Council shall determine from time to time. Sec. 14, Said company shall be entitled to charge for fares and tickets for one continuous trip over the entire length of its said road within said city, or a shorter distance thereon, as follows, and no more: No charge to be made for children under the age of seven years attended by their parent or parents. For single fares, five cents; for tickets in packages of six, twenty-five cents; for tickets in packages of twelve, fifty cents; for tickets in packages of twenty-five, one dollar. Said company shall keep for sale during business hours, at some office on the line of said road, packages of tickets of twenty-five, or twelve and six, respectively, and shall cause the conductors of cars, while running, to keep packages of six, twelve and twenty-five tickets, respectively, for sale as per above schedule. Sec. 15, No cars shall be run at a greater rate of speed than eight miles an hour on West Mound street between the crossing of the Colum- bus, Hocking Valley and Toledo Railway Company’s tracks and High street. Sec. 16. Said company shall begin the construction of said railroad track on or before the Ist day of April, 1894, and shall have the same completed and in operation on or before one year from the commence- 346 REVISED ORDINANCES. © [cH. 43 ment of the work on said railroad, unless Saial or prevented by the action of the city authorities or some other unavoidable casualty; other- wise all rights and franchises herein and hereby granted shall lapse and become null and void. Sec. 17. Said company shall have the right to erect and maintain iron poles, wires, fixtures or conduits, and any and all other appliances and appurtenances that, in the opinion of the said City Council, shall be found necessary to the due and proper management and operation of its railroad and cars. Sec. 18. The privileges and rights conferred by this-ordinance are granted upon condition that the said Columbus and Harrisburg Electric Street Railway Company, its successors or assigns, shall annually pay to the City of Columbus two hundred and fifty dollars, the first payment to be made upon the taking effect of this ordinance, and the other pay- ments annually thereafter. Said payments shall be made to the Director of Accounts, and the money so paid shall be placed to the credit of the general expense fund. Sec. 19. This ordinance shall take effect and be in force from and after its passage and publication according to law, and after the filing with the Clerk of the City Council the written acceptance of the terms of this ordinance by the President and Secretary. of the said The Columbus and Harrisburg Electric Street Railway Company, and paying the bill for the legal publication of this ordinance. AN ORDINANCE NO. 8356. Repealing Section 18 of an Ordinance No. 8105, granting the consent of the City Council to the construction of a Street Railroad in West Mound street by the Columbus and Harrisburg Electric Street Railway Company. * (Passed March 19, 1894.) Section 1. Be it ordained by the City Council of the City of Columbus, Ohio, That Section 18 of Ordinance No. 8105, passed December 11, 1893, granting the consent of the City Council of the City of Columbus to the construction of a street railroad in West Mound street by the Columbus and Harrisburg Electric Street Railway Company be and the same is hereby amended to read as follows:’ Sec. 18. The privileges and rights conferred by this ordinance are granted upon condition that said Colum- GH. =43)| STREET RAILROAD FRANCHISES. 347 — bus and Harrisburg Electric Street Railway Company, its successors or assigns, shall, after the completion and operation of said road, annually pay to the City of Columbus two hundred and fifty dollars, the first pay- ment to be made within one year after the completion and operation of said road, and the other payments annually thereafter; said payments shall be made to the Director of Accounts, and the money so paid shall be placed to the credit of the general expense fund. Src. 2. Section 18 of said ordinance as passed December 11, 1893, be and the same is hereby repealed. | Src. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 8576, Amending Section 16 of an Ordinance No. 8105, granting consent of the City Council to the construction of a Street Railroad in West Mound street by the Columbus and Harrisburg Electric Street Railway Company. (Passed April 9, 1894.) WuereEAs, The Columbus and Harrisburg Electric Street Railway Company have been delayed in the matter of securing the right to con- struct its street railroad beyond its expectation as the time of the prepara- tion of the ordinance granting it the right to construct its road on West Mound street; therefore, Be it ordained by the City Council of the City of Columbus, That the time for commencing work on the Columbus and Harrisburg Electric Street Railroad be and the same is hereby extended from the 1st day of April, 1894, to the Ist day of July, 1894. . AN ORDINANCE NO. 9808. To repeal Section 18 of an ordinance entitled “ An Ordinance No. 8105, granting the con- sent of the City Council to the construction of a Street Railroad in West Mound street by the Columbus and Harrisburg Electric Street Railway Company,” passed December 11, 1893. (Passed June 18, 1894 ) Secrion 1. Be at ordained by the City Cowncil of the City of Columbus, Ohio, That Section 18 of an ordinance entitled “An Ordinance No! 8105, granting the consent of the City Council to the construction of a street railroad in West Mound street by the,Columbus and Harrisburg Electric Street Railway Company,” passed December 11, 1893, be and the same is hereby repealed. 348 REVISED ORDINANCES. [cH. 43 AN ORDINANCE NO. 5660. To provide for the limitation of franchises of Street Railways. (Passed August 25, 1890.) Section 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That no franchise of any street railroad company shall be extended in"time or renewed until after the expiration of the time provided for an original grant. Sec. 2. Whenever any line of street railway shall be extended on any street or avenue, the grant of the franchise for such extension shall be limited in time to the time provided for in the original grant of the franchise of such railway, and shall expire with the same. Sec. 5, This ordinance shall take effect and be in force from and after its passage and publication according to law. CH. 43 | STREET RAILROAD FRANCHISES. 349 ne ee wep LE aE ee a a En ee ea es ee SUBDIVISION 4—STREET INDEX TO STREET RAILWAY FRANCHISES. COLUMBUS STREET RAILWAY LINKS. PAGE Broad street, State avenue to High street..........ccccseceeeseeees Brn eeoe Per RO ren 215 Broad street, High street to West corporation line.................+ ssosseee 200, 247, 283, 307 Broad street, to cross at Mulberry street ........ cssseeees sesereear seers Sid ecchausenaroseiea 260 Bruce street, Oak street to Fair avenue.. ...--...0+++++ nathan dfrad Sopa} saup canes aagteaeeubes 254 Buckingham street, Washington avenue. to Eighth street.. ...........-sesseeseerees ewe 2438 Buckingham street, Cleveland avenue to Jefferson avenue.........s..sseseeee- Perce 300 Chestnut street, High street to Fourth street ..........cesseseccsovsqncccctocccenerscoosecees 285 Cleveland avenue, Long street to Washingtoa avenue............. seated t ners ee es 228 Cleveland avenue, Mt. Vernon avenue to Buckingham street...........s0ssseseeeee mS 299 Electricity, allowing use of as power....... SUuckwahsis Sah NNespientosesabenyeceycodecedesast et 279, 280 Eighth street, Long street to Mt. Vernon avenue ........scccseseeeees Bitesescukasonpeett 243 Eighth street, Mt. Vernon avenue to Buckingham street.........scssereceseseeserennes 243 Fair avenue, Ferrara street to Fair Grounds...... ae cae ties ayospe denne ana ea ovaunant sky 236 Fair avenue, Bruce street to Fair Grounds........ jekapeelashevescas epaxgennsts> Seer 254 Felton avenué....... Saar DN NRRE Wiad ras euchgeneaise scaewdbesauer Saal dada tas aceenduescsiset ase 300 Ferrara street, Oak street to Fair avenue......cccsescseserecsesvecsces nee ee mivacietions 236 Fourth street, Chestnut street to Chittenden avenue.........scscceeseeess ann cache cay ae 285 Fourth street, Chestnut street to Livingston avenue.. ......... Rae ean oases RE aN ae ; 296 Friend street, High street to East corporation line....... Dba eswatre ante seecemsainesthae + 225 Glenwood avenue, Sullivant avenue to Harrisburg pike..........6. cccssscesseceeseeee J 310 Goodale street, High street to Neil avenue..............cccsoee eosscosrscvesesseesssesssenss 280, QTD Goodale street, High street to Fourth street..........cccscsccgeecsesessseerscccesenscsceceees 303 High street, North Public lane to South Public lane........... ceeceeee sc ceeee eeeeeeeee 215 High street, Broad street to Town Street..c.cccssccseesscesesceseessecees cee Sdstea saliee was al 215 High street, North Public lane to North corporation line........ SiveaessaNgrerrectrchs 217 High street, South Public lane to South corporation line.........0. scsseeuse sesceeseeees 218 High street; Long, street 10: Broad street. .iuscecssecisvsssevendspsccvsieenavtdeeedueced ace er 239 MASE UMETEOUEUUTTIE LZ one data capaaatnnasceaess Laks iv eiaovge cdeie vente tents s tacslancacsspavn oses 241 High street, North corporation line to Naghten street.........scccsseesssecessscees essere 244 Pheu aiteet tUNNOL to DLOUNA BETCOL nc pncacvvdsessnss oVacsouaderncetide lesions terdsencdavveases 250 High street, tunnel to West Woodward avenue......csessccccsscccssscceseceeseecere senses 263 High street, Stewart avenue to South corporation lime...........ec0.cseeeeee ecseeepeees 268 High street, Chittenden avenue to Hudson street.........sssecesssesecnesceeee ees Ske Pang 273 High street, Hanford street to South corporation line...... .....cccecsecececeee seceeece 291 High street, Innis avenue to South corporation line.. ........cccceeseeersseeeees sae shed 306 Jefferson avenue, Buckingham street to Leonard avenue......c.ssssseseessceceseousees 300 Kelton avenue, Main street to Livingston avenue.......ccccccsssssssscesssvessreccsseeess 294 350 REVISED ORDINANCES. [cH. 43 PAGE Leonard avenue, Jefferson avenue to Felton avenue............. iif endey eas otenan doaed 300 Leonard avenue, Felton avenue to North corporation line...... Fas vadeey estas ealerdeaeas 300 eevee, Witat Bide. ....3 000s zeddianss ab Sioans nol oonole reac deeushaphoxee ecm: ee a 257 Livingston avenue, High street to Kelton avenue.......... A ubadlva senha tas amuctetp tic phiaee 293 Long street, High street to Seventh street........ aE a error hee go vhige Suaanvens 228 Long street, eastwardly to Mulberry street............ssssecsccvecscccerecrsocceevecces socecs 229 Long street, Washington avenue to Fifteenth street... ...... ..cccesseccee seceessecceeces 252 Long ‘street, double: track .\.f2s-.isvorsssenssees. veyavseea voocacosstgtncabusstsncioeh cdepradasetsha 200.0002 Main street (Friend street), High street to East corporation NUPLG? 5 nc ye~'gha op ese oel 225 Main street, double track from Parsons avenue to Rose avenue........ Rekohs Pia tiie aes 281 Main street, Rose avenue to Alum creek ............. u dabanetawedeiegs can Jeu ates ae ve 284 Mt. Vernon avenue, Eighth street to Washington avenue.........6. ccceeecceceeeseees 243 _Mt. Vernon avenue, Washington avenue to Nelson avenue......... gandis sd Geckos sige : 261 Mt. Vernon avenue, Neil street to Cleveland avenue.....ccccce cecceeee coeees occmeaun tis 299 Mulberry street, Long street to Broad street.........sseccee secoeeses seeeeeccccceseess airs 229 Naghten’ street, West; SWitCH os. ves cerinndsnaee enti Paacedesan Fyateawene Mas ex sVatesanshisteens 268 Naghten street, Third street to Neil street 0.0.0... .cccceccceee seers 5 dst slo Uop ge acca anaes 299 Naghten street, Cleveland avenue to Neil street...........ccecsseeeceesee seceee covees seeee, 304 Nelson avenue, Mt. Vernon avenue to Reed aventie........cccccseeseeeevees sevsee devees 261 Neil avenue, Goodale street to Ohio State University ......cce.ccccsssesecees seeneeseeses 230, 275 Neil street, Naghteu street to Mt. Vernon avenue..........ccceees ieee cane uocetN vent wanes 299 Oak street, Seventh street to Ferrara street...... ee ede reac tae POP “Macletah cote REE 236 Oak: street, Seventh street to Bruce streets: ici... sve deers sod vases acvenecaveaaems olan aeate 254 Oak street, double track from Grant avenue to Ninth street........ digeeetreutocties 7s 269 Oak street, Bruce street to Rose avenuie.......ccccsseesecesrereeees Keaaasanessdeeshcasbupene 274 Oak street, double track from first alley east of Parsons avenue to Eighteenth BULECU= i oan docte vein n egedesaisa dee nesththansechabn sess ceagecttconcassstenatiaeage ghecae Ravetsarenesees 291 Oak street, double track from Grant avenue to Washington avenue.. .... PSE, : 295 Sandusky street, Broad street to Sullivant avenue....i... 00+ Osh bao poSu ac} Raue mses eTais 310 Schiller street, High street to Bruck street:.....iscsssccoscsccccoseee ervesasns sseer senceneee 269 Schiller street, Bruck street to Parsons aventie.......cccsecesvecene cececccen seceee ceseceees 281 Seventh street, State street to Oak street........... ubvehawee'cs ghee ceaeienahsababiliss as crt tes aanes Oe tare State street, High street to Seventh street...c..ce.cscceceeece veees Sucvacs tent anaee RPK ctiye 2 236 State streets don ble track. * on, +h ME pier Vs ie 5 C | sean ee a A f Bee a PGA, S ; Me . Zz i ivi <5 ie ‘A / z on aay ‘ : ¥ f ‘ } rer = 352 REVISED ORDINANCFS, Ven pee ee [cH. — ne aE — ~— ee a ae ; i 2 4 St. Clair avenue, Grove street to B. & O. R. Bos oes tea Hoe EATEN Town street, High street to Princeton avenue........sssssssecesseesseee causes seeseeeeeece _-- Twentieth street, Atcheson street to North corporation Lines, raga estk Sete Eee 4 . : ia) , “! 5 i , A COLUMBUS AND HARRISBURG ELECTRIC STREET RAILWAY COMPANY, Mound street, High street to West corporation bite were ori, oes oot eee Mate . } La i . 1 \ ’ = ~ ‘ ) 1 / . ) r f \ < ) i \ 1 is x - ~ 1 ( f 5 ~ 4 / ‘ ‘ \ ‘ } oe N apes “ bo a 1 i ‘oo * ‘ E ‘we - a . ag I - 3 . r. Fa SS ; ee AA ay J & i - = ’ 2 t a Y us ' at enh i i , r al ‘ 4, 4 ¥\ a \ 4 . one ao 4 ‘ z } - - 13 ' t sigs an 4 4 . f Sey S ¥ : - . ’ € ¢ " ‘ y F } -_ i | i 7g ty cath | ‘. = (ite ¥ ‘ < 4. s a “CH. 44 | GAS AND ELECTRIC. LIGHT CO. FRANCHISES. 353 CHAPTER 44. GAS AND ELECTRIC LIGHT COMPANY FRANCHISES. Central Ohio Natural Gas and Fuel Company. Columbus Gas Light and Coke Company. Columbus Edison Electric Light Company. Columbus Electrie Light and Power Company. po Np CENTRAL OHIO NATURAL GAS AND FUEL COMPANY. AN ORDINANCE NO, 4839. Granting to the Columbus Natural Gas and Fuel Company the privilege of laying pipes in the streets, alleys and public places and grounds of the City of Columbus, for the purpose of conveying and supplying natural gas to consumers thereof, (Passed February 4, 1889.) SEecTIon 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the Columbus Natural Gas and Fuel Company, a corporation or- ganized under the laws of Ohio, and its successors and assigns, are hereby: granted the privilege and invested with the right to use the streets, lanes, avenues, alleys, commons, bridges and public grounds of the City of Colum- bus, for the purpose of laying pipes to be used for carrying gas for public or private use in the buildings and manufacturing establishments, and other- wise in said city, together with the right to dig and excavate in all of said streets, alleys, avenues, lanes, commons and public grounds for the pur- pose of laying such pipes and other appliances required to convey said gas to consumers thereof, upon the following conditions: Src. 2, No excavation shall be made for laying or placing pipes in High street where paved with block stone or asphalt, or similar material, except when necessary to cross said street, and no excavation shall be made for laying or placing pipes in any other street paved or improved with stone block, asphalt, brick or fire brick, Hayden block or similar material, except when necessary and for the purpose of crossing the same. Whenever practicable, pipes for conveying gas along and in the vicinity of such streets shall be placed in the alleys parallel therewith, and 354 | REVISED ORDINANCES. [cH. 44 in case there be no alley, or it should be impracticable to lay pipes in alleys, then the pipes may be placed under the sidewalk inside the curb- stone, provided that pipes so placed under sidewalks shall consist of an inner and an outer pipe, the former for the conveyance of gas, and the latter to be ventilated by pipes at intervals of 1,000 feet, passing not less than ten feet above the surface of the street. Src. 3. In the work of laying and repairing pipes, the said company shall not unnecessarily obstruct nor interfere with the use and occupa- tion of any street, lane, avenue, alley, commons, public place or grounds, and in no wise injure, interfere or change any existing arrangements for water or gas pipes, drains, sewers, ditches or other public or private works of said city, but before making any excavation or laying pipes in any street, the said company, its successors and assigns, shall furnish the City Civil Engineer a plat and plan of the proposed excavation, showing the depth and size of said pipes and location of stops and branches. Src. 4. The said company shall relay and replace within thirty days any and all pavements, curbs, gutters, streets, alleys, avenues and public places and grounds disturbed by it, in the same manner and like condi- tion as the same may have been before making any excavation, leaving the surface of all unpaved streets and places smooth and level. Sec. 5, The said company shall preserve and keep the city safe, free and harmless from any damages, costs or expense that may be incurred or happen to persons or property by reason or on account of anything done by said company, under the provisions of this ordinance, and to defend, at its own proper costs, any suits brought against the city by persons or corporations claiming damages on account of the creation or maintenance of the plant of said company. Sec. 6. The pressure of gas in the pipes laid in the city limits shall not exceed ten pounds per square inch, as registered by suitable gauges, to be provided by said company, unless the pipe containing said gas at any higher pressure be enclosed in a larger pipe, which shall be ventilated at regular intervals of three hundred yards by pipes passing into the air at least ten feet above the surface of the ground. Src. 7. This privilege is granted upon the condition that gas shall be brought or furnished at the corporate limits of the city and pipes laid for its distribution within three years from the passage of this ordinance. The privileges granted by the provisions of this ordinance shall not be forfeited by a temporary suspension of operations unless such suspen - €H. 44| GAS AND ELECTRIC LIGHT CO. FRANCHISES, 355 —————s sion be for a period of six months or more, when the City Council may declare all privileges and rights herein conferred forfeited. Src. 8. This ordinance shall take effect from and after its passage and publieation according to law. AN ORDINANCE NO. 5079. Granting to the Central Ohio Natural Gas and Fuel Company the privilege of laying pipes in the streets, alleys, public places and grounds of the City of Columbus, for the purpose of conveying and supplying natural gas to the consumers thereof. (Passed July 29, 1889.) Wuereas, The Columbus Natural Gas and Fuel Company has sold, transferred and assigned to the Central Ohio Natural Gas and Fuel Com- pany all its property, franchises, rights and privileges, and among other things, the rights, privileges and franchises granted to said company by Ordinance No, 4539, passed February 4, 1889; now, therefore, Section 1. Be it ordained by the City Council of the City of Columbus, That said Council hereby consents and ratifies said transfer and assign- ment by the Columbus Natural Gas and Fuel Company to the Central Ohio Natural Gas and Fuel Company of all the rights, franchises and privileges granted to it by said Ordinance No. 4539, passed February 4, 1889, and grants to said The Central Ohio Natural Gas and Fuel Company the same privileges and rights as were granted to the Columbus Natural Gas and Fuel Company by said ordinance, under the same conditions and restrictions. Sec. 2. This ordinance shall take effect from and after its passage and publication according to law. AN ORDINANCE NO. 6087. Fixing the price to be charged by natural gas companies in the City of Columbus for the period of ten years. (Passed March 30, 1891.) Suction 1. Be tt ordained by the City Council of the City of Columbus, That companies organized for the purpose of transporting natural gas, which have or may hereafter acquire the right to lay their pipes in the 356 REVISED ORDINANCES. [cH. 44 streets and alleys of said city for the purpose of furnishing gas to the citizens of said city, shall for the period of ten years from the passage ot this ordinance be entitled to charge for such gas furnished to the citizens and public buildings at the rate of twenty-five cents per one. thousand cubic feet, and for the use of each meter furnished by said company at the rate of three dollars per year; and further, that the company or com- panies shall give three days’ notice to consumers through one or more daily newspapers before permanently shutting off the gas. In case any such company or companies find that natural gas cannot be furnished in suffi- cient quantities to supply the demand, and should devise and construct a system, means and plant for furnishing manufactured gas for fuel and other purposes, it or they shall be entitled to charge a price per thousand cubic feet not exceeding fifty cents for fuel purposes, and one dollar for illuminating purposes. When said gas companies or any of them shall file with the City Clerk its or their assent in writing to the terms of this ordinance, the said ordinance and acceptance shall be treated and deemed as a compliance with law, and the Council shall not, for the term aforesaid, by ordinance or otherwise, require said company or companies to furnish gas lower than that herein named; provided, that nothing herein con- tained shall be construed as granting to existing companies any exclusive rights or privileges, or prevent any other company or companies from furnishing natural gas to the citizens of said city. Src. 2. That Ordinances No. 4462, ‘Fixing the price of natural gas to be charged by natural gas companies in the City of Columbus for the period of ten years,” passed December 17, 1888, and No. 5053 supplemental thereto, passed July 29, 1889, be and are hereby repealed. Src. 3. That this ordinance shall take effect and be in force upon its passage and publication according to law. CH. 44| GAS AND ELECTRIC LIGHT CO, FRANCHISES. 357 COLUMBUS GAS LIGHT AND COKE COMPANY. AN ORDINANCE NO. 6996. Granting to the Columbus Gas Light and Coke Company the privilege of laying and maintaining pipes in the streets, alleys, public places and grounds of the City of Columbus, for the purpose of conveying and supplying gas to consumers thereof and fixing the price to be charged for gas. (Passed June 27, 1892.) Section 1. Be it ordained by the Oity Council of the City of Columbus, Ohio, That the Columbus Gas Light and Coke Company, a corporation organized under the laws of Ohio, and its successors and assigns, are hereby granted the privilege and invested with the right to use the streets, alleys, avenues, lanes, commons, bridges and public grounds of the City of Columbus, for the purpose of laying and maintaining pipes to be used for carrying gas for public and private use in the buildings and manu- facturing establishments, and otherwise of said city, together with the right to dig and excavate in all of said streets, alleys, avenues, lanes, com- mons and public grounds for the purpose of laying and maintaining pipes and other appliances required to convey said gas to consumers thereof; provided, however, that the right to purchase the works of said company and all the appurtenances belonging thereto at any time during the existence of the rights and privileges conferred by this ordinance, is hereby reserved by said City of Columbus, and is hereby secured to said city by said company, its successors or assigns, Sec. 2. In the work of laying and repairing pipes the said company shall not unnecessarily obstruct or interfere with the use and occupation of any street, alley, avenue, lane, commons, public place or grounds, and in no wise injure, interfere with or change any existing arrangements for water pipes, drains, sewers, ditches or other public or private works of said city, or the gas pipes of other gas companies; but before making any excavation or laying pipes in any street the said company, its successors and assigns, shall give written notice to the City Council, the Board of Public Works or to other proper city authorities, naming the street or other public place the company proposes to open, and obtain consent thereto. Src. 38. The said company shall relay and replace within fifteen days, and as much earlier as practicable, any and all pavements, curbs, gutters, streets, alleys, avenues and public places and grounds disturbed CO = 35 REVISED ORDINANCES. [ou. 44 by it, in the same manner and like condition as the same may have been before making any excavation, leaving the surface of all paved and un- paved streets and places smooth and level. Sec. 4. The said company shall preserve and keep the city safe, free and harmless from any damages, costs or expenses that may be incurred or happen to persons or property by reason or on account of anything done by said company under the provisions of this ordinance, and to defend, at its own proper costs, any suits brought against the city by persons or corporations claiming damages on account of the creation or maintenance of the plant of said company. In case it becomes necessary to relay any of the pipes of said company on account of the change of the grade of any of the streets, alleys, avenues, public places and grounds of said city, the same shall be done by said company at its own cost and expense. Sec. 5. The privilege conferred in Section 1 of this ordinance is granted upon the condition that the said Columbus Gas Light and Coke Company, its successors or assigns, shall annually pay to the City of Coé lumbus, for the benefit of the gas and light fund of said city, the sum of four thousand dollars, the first payment to be made when this ordinance takes effect, and the others annually thereafter; and as a further con- sideration for the rights and privileges therein granted, the Columbus Gas Light and Coke Company shall se!l gas for and during the ten years next following the passage of this ordinance at a price not exceeding one dollar and ten cents per one thousand cubic feet, and that from the above named price a discount at the rate of ten cents per one thousand feet shall be made on all hills paid on or before the 15th day of each month for gas consumed during the preceding month, making the net price not to exceed one dollar per one thousand feet. The gas to be furnished for the above price shall be of at least sixteen candle power, and the Council of said city hereby reserves the right to enforce compliance with this specification. Sec. 6. When the said Columbus Gas Light and Coke Company shall file with the City Clerk its assent, in writing, to the terms of this ordinance, the said ordinance and acceptance shall be treated and deemed as a compliance with law, and the Council shall not, for the term (ten years) aforesaid, by ordinance or otherwise, require said company, its suc- cessors or assigns, to furnish gas of sixteen candle power at a lower price than that herein named; provided, that nothing herein contained shall be construed as granting exclusive rights or privileges, or preventing any CH. 44] GAS AND ELECTRIC LIGHT CO. FRANCHISES. 359 other company from furnishing gas to the citizens of said City of Co- lumbus. Src. 7. The privileges granted by the provisions of this ordinance shall not be forfeited by a temporary failure to furnish gas, unless such failure is through the neglect or misconduct of said company, its succes- sors or assigns. Src. 8. This ordinance shall take effect from and after its passage and publication according to law. COLUMBUS EDISON ELECTRIC LIGHT COMPANY. AN ORDINANCE NO. 2394. Authorizing the Columbus Edison Electric Light Company of Columbus, its successors and assigns, to lay pipes, mains, conductors and service pipes in the streets, avenues and alleys in the City of Columbus. (Passed March 28, 1887.) Section 1. Be at ordained by the City Council of the City of Columbus, That consent, permission and authority are hereby given, granted and duly vested in the Columbus Edison Electric Light Company of Colum- bus, Ohio, its successors and assigns, a body corporate, organized under the laws of the State of Ohio, to lay pipes, mains, conductors and service pipes for the purpose of containing electric wires in any of the streets, avenues and alleys throughout said city, subject, however, at all times to the city ordinances and to any and all restrictions and regulations here- inafter imposed, and pipes and mains to be used for the purposes of said company and no other. Src. 2. The said corporation shall do no injury to any street, av- enue, alley, lane, park or public square, nor to any shade trees, norin any manner disturb or interfere with any water or gas pipe, nor with any public or private sewer now or hereafter laid or constructed by any au- thorized person or corporation, and shall fully indemnify and save harm- less the City of Columbus from any and all claims or damages for which said city might be made or become liable to pay by reason of the con- struction, making or operating of said pipes, mains, conductors or service pipes, or the giving or allowing of the license, right and privileges hereby granted. eS DY en Pe a 360 REVISED ORDINANCES. [CH. 44 Src. 3. The main pipes of said corporation shall be laid in alleys, streets and avenues, and when in streets and avenues shall be laid in a line parallel with the curb line thereof and between the curbstone and the line of the lots abutting the street when the City Civil Engineer shall determine such location to be practicable, and in all cases within three feet of the curbstone, or where the curbstone should be, and to a depth not exceeding thirty inches. It is especially required that’ all service pipes used by said corporation shall be connected only with a main laid in the alley or at the side of the street nearest to the building or premises into which it is desired to conduct such service pipes. Sec. 4. Atleast twenty-four hours before opening any street, alley or other public space, the said corporation shall notify the City Civil En- gineer of such intentions, stating the place where and the object for which such opening is to be made, and in the opening and refilling of all open- ings made as aforesaid, the relaying of pavements, and all other work necessary to the complete restoration of the streets, pavements, sidewalks or ground to an equally good condition as when disturbed, the said com- pany, or its servants or employes, shall be under the supervision of the City Civil Engineer. And said company shall keep and maintain such streets, alleys, pavements, sidewalks or ground in good repair and condi- tion, to the satisfaction of the City Civil Engineer, for the period of one year from the time when such refilling is made as aforesaid; and shall promptly comply with any order of said City Council in reference thereto. Nor shall any street, avenue or public space be allowed to remain open or incumbered for a longer period than shall be necessary to execute the work for which the same has been opened. And the City Civil Engineer or City Council may determine the question of such necessity. It is specially provided that in all cases where work requires the exercise of skill, as in the laying or relaying of pavements or sidewalks, said corpo- ration shall employ none but skilled workmen, familiar with the execu- tion of such work. It shall be optional with the city authorities to re- store the earth and relay the pavements in streets and other public places when so taken up by said corporation, at the expense of such corporation, but the expense of such work shall not exceed the actual cost thereof. - §$xo.5. The expense of the city, or of the City Civil Engineer, in the employment of an agent to carry out the provisions of the preceding sections shall be a proper charge against said corporation, and such ex- pense shall be paid by said corporation on a voucher or bill duly certified by said Engineer. CH. 44] | GAS AND ELECTRIC LIGHT CO. FRANCHISES. 361 Sec. 6. Said corporation shall at all times be subject to the city or- dinances now in existence, or which may hereafter be passed, relative to the use of public streets or other public spaces, especially as to the putting up of lights and barriers at and around excavations. Src. 7. The grants and privileges made and contained in this ordi- nance shall be void and of no effect unless said electric light company shall, within ninety days after the passage of this ‘ordinance, enter upon the work of laying their main wires and constructing their plant, and shall satisfy the Council that they are proposing in good faith to furnish light and motive power. Sec. 8. This ordinance shall take effect when the said corporation shall have filed with the City Clerk a written acceptance of the same, and shall execute a good and sufficient bond to the City of Columbus in the sum of $10,000, to be approved by the said Clerk, and conditioned for the faithful performance of the terms of this ordinance. COLUMBUS ELECTRIC LIGHT AND POWER COMPANY. AN ORDINANCE NO. 10187. Granting to the Columbus Electric Light and Power Company, its successors and assigns, the privileges of erecting and maintaining poles, wires and appliances in the streets, alleys, public places and grounds of the City of Columbus, for the purpose of con- veying electric energy. (Passed May 27, 1895.) Srcrion 1. Be it ordained by the City Council of the City of Columbus, That the Columbus Electric Light and Power Company, a corporation organized under the laws of Ohio, and its successors and assigns, are hereby granted for the term of twenty-five years the privilege and in- vested with the right, permission and authority to use the streets, alleys avenues, lanes, commons, bridges and public grounds of the City of Columbus, Ohio, for the purpose of erecting and maintaining such poles, masts, wires, cables, lines, lamps and appliances as may be necessary for the transmission and utilization of electric energy, the operation and maintenance of electric lights, and the furnishing of electric current for heat and power, for public and private use, in and over the streets, alleys, avenues, lanes, commons, bridges and public grounds of said City of Columbus, and to the buildings, manufacturing establishments and other- wise of the citizens thereof. 362 REVISED ORDINANCES, . [CH..44 Sec. 2. The said company, its successors and assigns, shall fully in- demnify and save harmless the City of Columbus from any and all claims or damages, cost and expense for which said city might be made or become liable to pay by reason or on account of anything done by said company, its successors or assigns, under the provisions of this ordinance. Sec. 3. The privilege, right, permission and authority conferred in Section 1 of this ordinance are granted upon the condition that said The Columbus Electric Light and Power Company, its successors and assigns, shall permit the City of Columbus, during the life of said grant, to use, without charge, any of its poles or masts for purposes of its police and fire- alarm system; and upon the further condition that said company, from and after the passage of this ordinance, and during all the remainder of said term for which this franchise is granted, shall, in addition to the conditions hereinbefore recited, pay to the City of Columbus, Ohio, annually, two per cent. upon the entire gross receipts of said company. And said company, through its duly appointed and qualified officers, shall, on the first day of January in each and every year after the passage of this ordinance, report to the Director of Accounts ot said city the amount of its gross receipts for the year preceding, which report shall be verified by the affidavit of the President or Superintendent of said company, and the Director of Accounts of said city is hereby authorized at any time, _when in his judgment it may be necessary, to verify said report by a personal inspection of the books and papers of said company showing the gross receipts thereof. ; And said company, in further consideration for the franchises berein- before granted, shall be required to furnish all public lighting for said City of Columbus upon any of the streets and alleys of said city, as required by the City Council thereof, at a sum and price not greater than that here- tofore paid for such service by said city to said company, upon the schedule as to the time and condition of lighting heretofore made and em- bodied in the contract between the city and said company. That as long as said schedule, now embraced in said contract, shall remain and be established by the City Council of said city or the Board of Public Works thereof, should no greater service be required of said company than that embraced in said schedule, said price per lamp shall not exceed for any portion of the term for which this franchise is granted the price now paid and set forth in the contract hereinbefore referred to. This ordinance is granted to said company on the terms and condi- tions hereinbefore and hereinafter set forth, and in case said company, its eee) Ph Oe ee CH. 45 | GRANTS TO RAILROADS. 363 successors and assigns, should at any time during the continuance of this franchise fail to comply with the terms and conditions hereinbefore recited, then this ordinance shall be held null and void and all rights of said com- pany thereunder shall cease and be of no effect. Sec. 4. This ordinance shall take effect when said company shall have filed with the City Clerk a written acceptance of the same, and from and after its publication according to law. CHAPTER 45. GRANTS TO RAILROADS. AN ORDINANCE | To authorize the Columbus and Indianapolis Central Railroad Company to build a bridge on Park street in the City of Columbus. (Passed November 12, 1866 ) Section 1. Be it ordained by the City Council of the City of Columbus (two-thirds of all the members concurring), That the Columbus and Indianapolis Central Railroad Company be and are hereby authorized and empowered to construct a bridge over the tracks of said railroad on Park street in said city, of twice the length of the present one, the same to be done in a good and workmanlike manner. Sec. 2. That all damages, costs and expenses arising from the fore- going improvement shall be paid by said railroad company, and they shall hold the City of Columbus harmless for all damages, and for any and all accidents to person or persons and property that may accrue in consequence of said improvement. 364 REVISED ORDINANCES. [CH. 45 AN ORDINANCE Authorizing the Mineral Railroad.Company to use and occupy certain streets and alleys in the City of Columbus. (Passed April 6, 1867.) Section 1. Be zt ordained by the City Council of the City of Columbus, That the Mineral Railroad Company, a corporation existing under the laws of this State, be and it is hereby authorized to locate, maintain and operate its railroad across or along any street or streets, alley or alleys in this city, situate east of the Columbus feeder of the Ohio canal, and south of a line drawn through the center of Kossuth street, and prolonged to said feeder canal, and any street or streets, alley or alleys situate between said feeder canal and the Scioto river, and any street or streets, alley or alleys on the west side of said river; provided, that if said railroad shall be so built across any street or alley so far below the grade thereof as to render it necessary to bridge such crossings, said company shall, at its own expense, erect and maintain good and substantial bridges thereat, when so required by this Council; and if said road shall be located and planned across any street or streets, alley or alleys, that its embankment or em- bankments would so obstruct such street or alley as to make it imprac- . ticable for wagons or other vehicles passing along such street or alley to cross over such embankment, said railroad company, if required by this Council, shall construct sufficient culverts or passways under its road so as to permit the passage of wagons, or other vehicles drawn by horses, mules or oxen, under the same. AN ORDINANCE Granting the right of way to the Columbus, Springfield and Cincinnati Railroad Company. (Passed May 9, 1870.) Section 1. Be it ordained by the City Council of the City of Columbus, That the Columbus, Springfield and Cincinnati Railroad Company, a cor- poration existing under the laws of the State of Ohio, be and it is hereby authorized to locate, maintain and operate its railroad across High street in the City of Columbus, at a point opposite the south line of what is known as the “North Graveyard,” with the privilege of laying two tracks . across said street, to be located as near the point above specified as may be ae) A get ney CH. 45 | GRANTS TO: RAILROADS. 365 practicable; also across Park street, opposite the eastern end of Railroad street, along Railroad street and across Dennison avenue, at a point near the eastern end of Montgomery street. Sec. 2. Thatif said railroad shall be built across any street or alley so far below the grade thereof so as to render the bridging of such street or alley necessary, then and in that case said railroad company shall, at its own proper cost and expense, erect and maintain a good and substantial bridge at each and every such crossing; and if gaid railroad shall be located and constructed across any street or alley above the grade of such street or alley so as to obstruct the travel thereon, said railroad company shall, at its own cost and expense, put and maintain such street or alley in con- dition for the safe and easy passage of animals or vehicles over and along said crossing ; provided, this ordinance shall not be construed as affecting in any way the right of any person or persons owning or having an in- terest in any lot or land abutting upon the line of said railroad so laid out and established as aforesaid, or over which it may run; provided further, that in the event that the said Columbus, Springfield and Cin- cinnati Railroad Company shall fail to occupy and use the right of way hereby granted, by the construction of a railroad thereon, before the ex- piration of two years from the date of this ordinance, then and in that case the rights and privileges granted by this ordinance shall cease and determine. Sec. 8. This ordinance shall take effect and be in force from and after the 25th day of May, 1870. AN ORDINANCE Granting the right of way to Theodore Comstock to build a railroad or switch across Mound and Friend streets, in the City of Columbus, Ohio. (Passed February 27, 1871.) SEecTION 1. Be tt ordained by the City Council of the City of Columbus, That the right of way be and is hereby granted to Theodore Comstock to build, maintain and operate a railroad track or switch across Mound and Friend streets, from a point about two hundred and fifty feet south of the Harrisburg turnpike, at the Hocking Valley railroad track, thence north to and across Mound street, and across Friend street extended to the west. end of the canal basin. 306 REVISED ORDINANCES. [cH. 45 AN ORDINANCE Granting the right of way to the Pittsburgh, Cincinnati and St. Louis Railway, and the Baltimore and Ohio Railroad, through certain streets named therein. (Passed May 25, A. D. 1874.) Section 1. Be tt ordained by the City Council of the City of Columbus, That the Pittsburgh, Cincinnati and St. Louis Railway, and the Baltimore and Ohio Railroad, be and they are hereby authorized and empowered to construct, maintain and equip a railroad track on Reed avenue or Mulberry street, from their present main track to Broad street in said city ; said rail- road so to be constructed to be used for the accommodation of passengers and freight intended for the exhibition at the Franklin County Agricultural Grounds for the period of five years; provided, that the assent of the pro- perty owners owning a majority of the feet front abutting on the street so used, shall first be obtained by said railroad companies. Sec. 2. This ordinance to be in force from and after its passage and publication by law. AN ORDINANCE Granting the consent of the City Council to the construction of a railroad track across Park street. (Passed October 5, 1874 ) Srcrion 1. Be it ordained by the City Council, That the consent of this Council is hereby granted to the Franklin Machine Company to lay a railroad track across Park street from the C. & X. R. R. into their foundry. AN ORDINANCE Granting right of way to the Scioto Valley Railway Company across various streets and alleys of the City of Columbus, (Passed September 13, 1875 ) Seorron 1. Be it ordained by the City Council of the City of Columbus, That the right of way across Broad street, Friend street, through a portion of Center street east of the County Fair Grounds, and such other streets and alleys as may be necessary, is hereby granted to the Scioto Valley Railway: Company, to construct and maintain its track, proper crossings CH. 45]. GRANTS TO RAILROADS. 367 and grades as may be necessary, which shall be constructed under the direction of the City Civil Engineer, and so as to conform to the grade of the streets or alleys where the track shall cross said streets or alleys, as near as may be, and maintained by said railroad company. . Src, 2, This ordinance shall take efiect and be in force from and after its passage and publication according to law. AN ORDINANCE Granting to the Columbus and Hocking Valley Railroad Company the right to use and occupy West street, and to cross Maple and Spring streets. (Passed June 2, 1879.) WueEREAS, The owners of the real estate abutting upon West street, in the City of Columbus, have given their consent in writing for the Columbus and Hocking Valley Railroad Company, its successors and assigns, to construct, maintain and operate, for the uses and purposes of its business, two railroad tracks, with the necessary appendages, in and along said West street, starting from the north side of Maple street and extending to the south side of Spring street, and have petitioned the City Council of said city to grant such right to said company ; therefore, Srorion 1. Be tt ordained by the City Cowneil of the City of Columlus, That the Columbus and Hocking Valley Railroad Company, its successors and assigns, is hereby authorized and empowered to construct, maintain and operate, for its uses-and purposes, two railroad tracks, with the neces- sary appendages, from its premises on the north side of Maple street, in and across said street and in, along and through said West street and across said Spring street to the south line thereof; they to keep the streets along the new track in good repair and cross said streets at their proper grades. Sec. 2. That this ordinance shall take effect from and after its passage and publication according to law. 0 Ria i | BGS i. 4 REVISED ORDINANCES _ (CH. 45 ——— AN ORDINANCE Granting the Miami Valley and Columbus Railway Company the right of way across the Harrisburg pike, through the city gravel bank, and over a part of the Scioto river levee. (Passed September 15, 1879.) Section 1. Be it ordained by the City Cowncil of the City of Columbus, That the Miami Valley and Columbus Railway Company, its successors and assigns, be and they are hereby authorized and empowered to con- struct, maintain and operate, for their own proper uses and purposes as such, and for no other uses or purposes whatsoever, a railroad track or tracks, with the necessary appurtenances and appendages, from a point in the south line of the Harrisburg pike nearly opposite the center of the south line of a tract of land known as the city gravel bank, situated on the north side of said pike, just west of the Scioto river, thence in, over and across said pike, thence in, over and through said city gravel bank tract by a line curving gradually from a point in the south line of said tract, near the center of such line, to the northeast corner of said track, thence in, upon and along the line of the levee upon the west bank of said river to a point near the south end of Lucas street in said city, upon the ex- press condition that said Miami Valley and Columbus Railway Company keep their tracks and the spaces in the immediate vicinity thereof, and said Harrisburg pike in tbe vicinity of their track, as well as any and all streets and alleys crossed by their said road, now or hereafter to be estab- lished, in good order and repair, and that they cross said pike, said streets and alleys at their proper grades; and a right of way seventy-five feet in width is hereby, upon the above conditions, granted to said Miami Valley and Columbus Railway Company, their successors and assigns, over the territory and as above described, for the purposes above mentioned, their use thereof to be at all times consistent with the public use of said pike and all other streets, alleys and other highways to be crossed by said Miami Valley and Columbus Railway Company, now or hereafter to be established. Sec. 2. Provided, that the Miami Valley and Columbus Railway Company construct a railroad over the right of way granted by this ordi- nance, and into the City of Columbus within two years from this date. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. ene pene AE Te BS ef CH. 45| GRANTS TO RAILROADS. 369 _— / AN ORDINANCE. (Passed September 15, 1879.) Section 1. Be tt ordained by the City Council of the City of Columbus, That the Columbus Machine Company be and it is hereby authorized and empowered to enter upon Frank street and Broad street, and construct and establish across the same, at the distance of about five hundred and three feet west of the National road bridge on said latter street in said City of Columbus, a railway switch track for the use of said company’s works, and to maintain the same at the present grades of said streets dur- ing the pleasure of said Machine Company ; provided, however, that said company shall so construct, maintain, keep in repair and use said switch track at all times, as not to interfere with or obstruct the use and easement of the public, or the rights otherwise, of said city in said highway. Sec. 2. Provided further, that said Columbus Machine Compaay agrees to employ a flagman, whose duty it shall be at all times to notify all persons in said West Broad street of the approach of cars on said switch where the same crosses said street; provided, also, that a failure on the part of said Columbus Machine Company to comply with the pro- visions and terms of this ordinance shall be taken and considered as a forfeiture of all rights acquired therein. Sec. 3. This ordinance shall take effect from and after its passage and legal publication. AN ORDINANCE Granting to the Columbus, Springfield and Cincinnati Railroad Company, and the Cin- cinnati, Sandusky and Cleveland Railroad Company, certain authority therein men- tioned for railroad purposes within specified boundaries. (Passed May 24, 1880.) Section 1. Be it ordained by the City Cowncil of the City of Columbus, Ohio, That the Columbus, Springfield and Cincinnati Railroad Company, and its lessee, the Cincinnati, Sandusky and Cleveland Railroad Company, be and they are hereby authorized to adjust the grade of their lots and of the several streets, avenues and alleys within the space bounded on the east by the west line of Kilbourne street, on the south by Railroad street, on the west by the east line of Dennison avenue, and on the north by the south line of the alley between Vine street and Spruce street, to the grade 370 REVISED ORDINANCES. [CcH. 45 of their railroad tracks now within, or that may be laid within said limits; and also to locate, construct, maintain and operate such number of rail- road tracks across or along any street, avenue or alley within said limits, as said companies, or either of them, may from time to time deem neces- sary for the convenient transaction of business, and also in the erection for railroad purposes within said limits of any round house, shops or other buildings; to extend the same upon or across any intervening alley; and also in locating a turn table for use in connection with such round house, shops or other buildings; to extend the same into any street or alley within said limits so far as they may find it necessary, and there construct, maintain and operate the same; provided, such turn tables shall be covered and be on a level with the railroad track ; and provided further, that the grade of Vine street at its intersection with Dennison avenue and Kil- bourne street shall be adjusted to the grade of that avenue and street, re- spectively ; provided, however, and the privileges hereby granted are so granted upon the express condition that said railroad companies, and their successors and assigns, shall, at all times and in all respects, jointly and severally forever save and keep harmless the City of Columbus from any and all damages, claims.for damages, costs, expense, trouble and litigation incurred or to be incurred by reason of the privileges hereby granted, and of each and every thereof. Sec. 2.. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 246. Granting to the Columbus Buggy Company the right and privilege to lay and maintain a railroad track and operate steam cars thereon, upon and across certain streets in the City of Columbus. (Passed March 7, 1882.) Srcrion 1. Be it ordained by the City Council of the City of Columbus, That the right and privilege be and the same is hereby granted to the Columbus Buggy Company, a company incorporated under and by virtue of the laws of the State of Ohio, and doing business in the City of Colum- bus in said State, to lay and maintain a railroad track, and to run and operate steam cars thereon, in, upon and over the following streets in said city, to-wit: Randolph street, Naghten street and Fair alley, substantially in accordance with the plat of said proposed railroad track presented to CH. 45| GRANTS TO RAILROADS. Kye: the said Council on the 27th day of February, A. D. 1882, and on said day ordered filed, and filed in the office of the City Clerk of said city, to-wit: Commencing at a point in the boundary line of inlot in said city No. 160 abutting upon said Fair alley; thence crossing said Fair alley in a northeasterly direction, to a point at or near the inter- section of said Fair alley with said Randolph street ; thence in the same general direction across said Randolph street and said Naghten street (where they run together) to connect with and run into the main siding of the Little Miami Railroad, as now located and fixed, the said track so to be constructed to run substantially parallel with the main siding of the Little Miami Railroad, subject, however, to all the liabilities, conditions, restrictions, limitations, provisos and provisions in this ordinance con- tained, and contained in the laws of the State of Ohio now in force and hereafter to be enacted, and subject to all other proper and reasonable regu- lations which may hereafter be imposed by said City of Columbus or any of its properly constituted. authorities or agents. This grant shall not be construed té extend to any property not owned, held or controlled by the City of Columbus, nor to any street or alleys, nor other public grounds, except those herein enumerated, to-wit: Randolph street, Naghten street and Fair alley, nor to any portions of said streets and said alley other than those herein designated, nor shall this grant be construed to include the right, privilege or permission to construct more tracks than one. Sec. 2. The track in this ordinance provided to be laid shall be laid in such manner and at such place consistently with the provisions of this ordinance as the committee of said Council on Railroads and the City Civil Engineer of said city shall direct, and to their acceptance, and when laid, it and the cars to be run thereon shall be so managed, operated and _ run as to produce the least possible interference with the use of the streets and alley in which it is laid. Locomotives and cars shall not be run thereon at a greater rate of speed than four miles per hour, neither shall locomotives nor cars remain standing in or upon either of said streets or said alley for any length of time, nor at any time whatever. The said grantee shall make good any and all loss, cost, wanes and injury to persons and property which may be caused, or which may result from the construction of said track, its maintenance at all times thereafter, and the running of cars and locomotives thereon, so long as they shall maintain, operate or use the same, and shall forever save and keep harm- less the said City of Columbus in the premises. 372 REVISED ORDINANCES, [cH. 45 The said grantee, after entering upon the construction of their said railroad track, shall complete the same with all possible speed, and upon the completion thereof shall replace said streets and said alley in as good condition as they were before said work was commenced, and thereafter at all times maintain and keep their said track and the portions of said streets and said alley between the rails of their said track in a reasonable and proper condition of repair. Any failure of the said grantee to conform in all things to the provisions of this ordinance, and each and every thereof, according to the true intent and meaning thereof, shall work a forfeiture of the rights and privileges hereby granted, and shall be sufficient authority for said City of Colum- bus to revoke said grant, and to enter upon said premises and take up said railroad track and restore said streets and said alley to their former condi- tion, and to recover of said grantee the cost and expense of so doing. The grant of the rights and privileges herein made, if accepted, shall be so accepted upon and subject to each and all the liabilities, conditions, restrictions, limitations, provisos and provisions contained in this ordi- nance, and not otherwise. Src. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO, 531. Granting to the Pittsburgh, Cincinnati and St. Louis Railway Company the right and privilege of constructing its switch on Track street in said city, from Dublin turn- “=. Pike to Spring street. (Passed October 16, 1882.) Section 1. Be it ordained by the City Council of the City of Columbus, That the right and privilege be and the same is hereby granted to the Pittsburgh, Cincinnati and St. Louis Railway Company, to construct and extend, and to maintain and operate its switch on Track street in said city, from the Dublin turnpike to Spring street, upon and subject to the fol- lowing terms and conditions, and not otherwise, to-wit: The work shall be done to the acceptance and approval of the City Civil Engineer of said city and according to his directions. Said company, in the construction and extension of said switch, and also in its subsequent maintenance and operation thereof, shall at all times be subject to the provisions of the CH. 45 | GRANTS TO RAILROADS, 373 general ordinances of said City of Columbus, regulating streets and alleys in said city, and the keeping thereof in order and repair, and those relat- ing to steam railroads within the corporate limits of said city, as well as all other general ordinances of said city, and as well as those now in force, as such further reasonable regulations as may hereafter be adopted by the proper authority of said city. Said grantee shall save, protect and keep harmless the said City of Columbus, at all times, from any and all logs, costs, damage and expense incurred, or which may be incurred by reason or growing out of the construction and extension or the maintenance or operation of said switch, or of its existence in said Track street. . Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication according to law, and the acceptance thereof by said grantee, within thirty days after the date of the passage thereof. AN ORDINANCE NO. 1517. Granting a right of way to the Columbus and Cincinnati Midland Railroad Company. (Passed December 29, 1884.) Srecrion 1. Be tt ordained by the City Cowneil of the City of Columbus, That the Columbus and Cincinnati Midland Railroad Company, a cor- poration existing under the laws of the State of Ohio, be and is hereby authorized to locate, maintain and operate its railroad across Dennison avenue between the tracks of the Indiana, Bloomington and Western Railroad and the south line of lot No. 186 in Goodale’s executors’ Park addition, projected across said street. Snc. 2. ‘Phat said railroad shall be built across said street at an eleva- tion above the grade of the street no greater than that of the tracks of the Indiana, Bloomington and Western Railroad now existing across said street, and said Columbus and Cincinnati Midland Railroad Company shall, as a part of the consideration for the right of way hereby granted, at its own proper cost and expense, put and maintain said street in con- dition for the safe and easy passage of animals and vehicles over and along said crossing. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. 374 REVISED ORDINANCES. [CH. 45 et ea a AN ORDINANCE Granting the right of way to Otto O, Bick to build a railroad or switch across Mound street in the City of Columbus, Ohio. (Passed November 2, 1885.) Section 1. Be tt ordained by the City Council of the City of Columbus, That the right of way be and is hereby granted to Otto O. Bick to build, maintain and operate a railroad track or switch across Mound street from a point about two hundred and seventy-five feet south of Mound street at the Hocking Valley Railroad track, thence north to and across Mound street extended to the north end and along the east side of the new brick business house of the said Otto O. Bick. AN ORDINANCE NO. 4733. Granting the C., St. L.& P. R. R. Co. the right and privilege to Jay and maintain a railroad track, and operate steam cars thereon, upon and across Dennison avenue south of Railroad street in the City of Columbus, O. (Passed April 8, 1889.) Secrion 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That the right and privilege be and the same is hereby granted to the C., St. L. & P. R. R. Co. to lay and maintain a railroad track, and to run and operate steam cars thereon, upon and across Dennison avenue in said eity at a point immediately south of Railroad street. The right and privilege hereby granted shall be subject, however, to all the liabilities, conditions, restrictions, limitations, provisos and provisions in this ordi- nance contained, and contained in the laws of the State of Ohio now in force and hereafter to be enacted, and subject to all other proper and reasonable regulations which may hereafter be imposed by said City of Columbus, or any of its properly constituted authorities or agents. This grant shall not be construed to include the right, privilege or permission to construct more tracks than one. Sec. 2. The track in this ordinance provided to be laid shall be laid in such manner and at such place consistently with the provisions of this ordinance as the committee of said Council on railroads and the City Civil Engineer of said city shall direct, and to their acceptance, and when laid, it and the cars to be run thereon shall be so managed, operated and run as to produce the least possible interference with the use of the street in which it is laid. CH. 45] GRANTS TO RAILROADS. 375 Locomotives and cars shall not be run thereon at a greater rate of speed than four miles per hour ; neither shall locomotives nor cars remain stand- ing in or upon said street for any length of time, nor at any time whatever. The said grantee shall make good any and all loss, cost, damage and injury to persons and property which may be caused, or which may result from the construction of said track, its maintenance at all times there- after, and the running of cars and locomotives thereon, so long as they shall maintain, operate or use the same, and shall forever save and keep harmless the said City of Columbus in the premises. The said grantee, after entering upon the construction of their said railroad track, shall complete the same with all possible speed, and upon the completion thereof shall replace said street in as good condition as it was before said work was commenced, and thereafter at all times main- tain and keep their said track and the portions of said street between the rails of their said track in a reasonable and proper condition of repair. Any failure of the said grantee to conform in all things to the provi- sions of this ordinance, and each and every thereof, according to the true intent and meaning thereof, shall work a forfeiture of the rights and privileges hereby granted, and shall be sufficient authority of said City of Columbus to revoke said grant, and to enter upon said premises and take up said railroad track and restore said street to its former condition, and - to recover of said grantee the cost and expense of so doing, The grant of the rights and privileges herein made, if accepted, shall be so accepted upon and subject to each and all the liabilities, conditions, restrictions, limitations, provisos and provisions contained in this ordi- nance, and not otherwise. Src. 3.° This ordinance shall take effect and be in force from and after its passage and publication according to law. 376 REVISED ORDINANCES. [cH. 45 AN ORDINANCE No. 4732. / Granting the Columbus and Cincinnati Midland R. R. Co. the right and privilege to lay and maintain a railroad track, and operate steam cars thereon, upon and across Dennison avenue south of Railroad street in the City of Columbus, O. (Passed April 8, 1889.) Seorron 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the right and privilege be and the same is hereby granted to the Columbus and Cincinnati Midland R. R. Co. to lay and maintain a railroad track, and to run and operate steam cars thereon, upon and across Dennison avenue in said city at a point immediately south of Railroad street. The right and privilege hereby granted shall be subject, however, to all the liabilities, conditions, restrictions, limitations, provisos and provisions in this ordinance contained, and contained in the laws of the State of Ohio now in force and hereafter to be enacted, and subject to all other proper and reasonable regulations which may hereafter be im- posed by said City of Columbus, or any of its properly constituted author- ities or agents. This grant shall not be construed to include the right, privilege or permission to construct more tracks than one, . Sec. 2. The track in this ordinance provided to be laid shall be laid in such manner and at such place consistently with the provisions of this ordinance as the committee of said Council on railroads and the City Civil Engineer of said city shall direct, and to their acceptance, and when laid, it and the cars to be run thereon skall be so managed; operated and run as to produce the least possible interference with the use o: the street in which it is laid, Locomotives and cars shall not be run thereon at a greater rate of speed than four miles per hour; neither shall locomotives nor cars remain standing in or upon said street for any length of time, nor at any time whatever. The said grantee shall make good any and all loss, cost, damage and injury to persons and property which may be caused, or which may result from the construction of said track, its maintenance at all times there- after, and the running of cars and locomotives thereon, so long as they shall maintain, operate or use the same, and shall forever save and keep harmless the said City of Columbus in the premises. The said grantee, after entering upon the construction of their said railroad track, shall complete the same with all possible speed, and upon ~ CH: 45 | GRANTS TO RAILROADS, 377 the completion thereof shall replace said street in as good condition as it was before said work was commenced, and thereafter at all times main- tain and keep their said track and the portions of said street between the rails of their said track in a reasonable and proper condition of repair. Any failure of the said grantee to conform in all things to the provi- sions of this ordinance, and each and every thereof, according to the true intent and meaning thereof, shall work a forfeiture of the rights and privileges hereby granted, and shall be sufficient authority of said City of Columbus to revoke said grant, and to enter upon said premises and take up said railroad track and restore said street to its former condition, and to recover of said grantee the cost and expense of so doing. The grant of the rights.and privileges herein made, if accepted, shall be so accepted upon and subject to each and all the liabilities, conditions, restrictions, limitations, provisos and provisions contained in a ordi- nance, and not otherwise. Src. 3. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 5943. Granting to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company the right of way to lay a single spur track and operate its railway across North Fifth street and Payne alley in the City of Columbus. (Passed December 15, 1890.) _ SEecTION 1. Be tt ordained by the City Council of the City of Columbus, That there be and is hereby granted to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, its successors and assigns, the right to construct a single spur track and to operate its railway over North Fifth street and Payne alley in the City of Columbus. Said spur track shall be constructed across North Fifth street and Payne alley within seventy feet of the south side of Wood alley in said city. Src. 2. Said spur track shall be constructed upon the following express conditions, and not otherwise: 1. Said spur track shall be constructed and laid so as to con- form to the grade now or hereafter to be established on said street and alley. 378 . REVISED ORDINANCES [CH. 45 2. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, in consideration of the permission herein granted, does hereby agree and undertake to save the City of Co- lumbus harmless from all loss or damage that may accrue to said city by reason of granting the permission herein contained. 5. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, shall grade and plank and keep in thorough repair the bed of said spur track where the same crosses said North Fifth street and said Payne alley. 4. The rights and privileges granted by this ordinance are granted subject to the city charter and of the general ordinances now in force or that may hereafter be passed concerning railroads in the City of Columbus, and subject to the rights of said city whenever it may, by ordi- nance, be deemed necessary to construct sewers, gas or water mains through or across said street and alley. 5. Said The Pittsburg, Cincinnati, Chicago and St. Louis Rail- way Company, its successors and assigns, will remove completely and en- tirely said spur track over said North Fifth street and Payne alley within sixty days after notice so to do by the City of Columbus. 6. It shall be unlawful for said The Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, or any one using said spur track, to leave any engine or cars standing on said track where the same crosses said North Fifth street and Payne alley. . Sec. 3, This ordinance shall take effect and be in force from and atter its passage, on the payment of the publication thereof and the written acceptance of its terms by the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company. AN ORDINANCE NO. 6269. Granting to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company the right of way to lay a single spur track and to operate its railway across a twenty- foot alley at a point at the north extremity, at the alley between Denmead and Galloway avenues and across the north extremity of said Galloway avenue, being at the north terminations of said alley and said Galloway avenue in the alley first south of the railroads tracks, (Passed July 18, 1891.) Srecrion 1. Be it ordained by the City Cowncil of the City of Columbus, That there be and is hereby granted to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, its successors and assigns, the right to CH. 45 | GRANTS TO RAILROADS. 379 Ai Mee construct a single spur track and to operate its railway over the alley be- _ tween Denmead and Galloway avenues, at the north extremity thereof, being at the north terminations of said alley and said Galloway avenue in the alley first south of the railroad tracks. Src. 2. Said spur track shall be constructed upon the following ex- press conditions, and not otherwise: 1. Said spur track shall be constructed and laid so as to conform to the grade now or hereafter to be established on said street and alley. 2. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, in consideration of the permission herein granted, does hereby agree and undertake to save the City of Columbus harmless from all loss or damage that may accrue to said city by reason of granting the permission herein contained. 3. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, shall grade and plank and keep in thorough repair the bed of said spur track where the same crosses said avenue and said aliey above described. 4, The rights and privileges granted by this ordinance are granted subject to the city charter and of the general ordinances now in force or that may hereafter be passed concerning railroads in the City of Columbus, and subject to the rights of said city whenever it may, by ordinance, be deemed necessary to construct sewers, gas or water mains through or across said street and alley. 5. Said The Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, its successors and assigns, will remove completely and entirely said spur track over said avenue and said alley above described within sixty days after notice so to do by the City of Columbus. 6. It shall be unlawful for said The Pittsburg, Cincinnati, Chicago © and St. Louis Railway Company, or any one using said spur track, to leave any engine or cars standing on said track where the same crosses said avenue and said alley above described. Src. 3. This ordinance shall take effect and be in force from and after its passage, on the payment of the publication thereof and the writ- ten acceptance of its terms by the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company. 380 REVISED ORDINANCES. [CH. 45 AN ORDINANCE NO. 6360. Granting permission to the Norfolk and Western Railroad Company, its successors and assigns, to lay a track across East Main street, (Passed August 3, 1891.) Section 1. Be a ordained by the City Cowncil of the City of Columbus, That permission and authority be and the same hereby are granted to the Norfolk and Western Railroad Company, its successors and assigns, to lay a second railroad track across Hast Main street in the City of Columbus, Ohio, on the east side of its main track and parallel with it at a distance of thirteen feet between track centers, and to maintain and operate and» use such track in the operation of its railroad. Src, 2. The privileges hereby granted, however, shall be enjoyed subject to all general ordinances of said city that now are or may be here- after enforced concerning railroads in said city and subject to the right of said city whenever by ordinance it may be deemed necessary to construct and maintain sewers, gas or water mains through or across said street. Sec. 3. That the authority and permission hereby granted are upon the further condition that said company, in constructing its track across said street, shall construct said track so as to conform to the grade of said street now or hereafter:to be established as near as may be, and so as to interfere as little as possible with the travel along or upon the same, and where required so to do by said city, will plank in such manner as may be directed such portions of said street as may be occupied and used by said company, or as may be necessary for public use, in consequence of the construction of railroad tracks by said company. Sec. 4. The permission hereby granted is upon the further consid- eration that whenever the city shall determine to have any portion of said street paved, through which said track or tracks or any part of thera are constructed, the said company will pave such portion of said street as shall be used for railroad purposes by said track or tracks, using for such purpose such material as may be designated by ordinance. Src. 5. The permission hereby granted is upon the further condition that said company, its successors or assigns, shall keep and save the city free and harmless from all damages, costs, expenses and suits arising out of the crossing of said street by said tracks, and nothing herein contained shall be construed as interfering with the right of any property owners to recover from said company any damages resulting to private property by reason of its use and occupation of said street. CH. 45 | GRANTS TO RAILROADS. 381 ea SR IRD CER MARA SIS peas aM Re OLR Lk SON es Mean is “Src. 6. The permission hereby granted is upon the further condi- tion that said company, its successors or assigns, shall not leave any engine or cars standing on said track where the same crosses said Hast Main street. Src. 7. The permission hereby granted is upon the further condi- tion that said company, its successors or assigns, shall remove said track at any time after six months’ notice by said City of Columbus. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE No. 7284. Granting permission to the Columbus Connecting and Terminal Railroad Company to cross Atcheson street with its main tracks. (Passed November 28, 1892.) Secrion 1. Be it ordained by the City Council of the City of Coluinbus, That the Columbus Connecting and Terminal Railroad Company be and it is hereby granted permission to cross Atcheson street (formerly known as the Johnstown road) with its main tracks. Sec. 2. This permission is granted upon the following terms and conditions, to-wit: 1. Such crossing shall be by way of an overhead bridge with an iron or steel superstructure, with a clean span of sixty feet, which shall be so constructed as to allow of a clearance or headway underneath the same of thirteen feet above the present surface of the roadway of said Atcheson street at the point of crossing. 2. If at any time hereafter the Board of Public Works or other proper city authority shall deem it necessary that there should be a clear- ance of fourteen feet under said bridge, then the cost of the necessary grading and excavating of the roadway of said Atcheson street to a depth of one foot below the present surface of the roadway under said bridge and under the crossing of the Norfolk and Western Railroad Company over said street, together with the cost of the necessary grading and exca- vation of said street eastwardly and westwardly, respectively, from said crossings at an ascending gradient of two and one-half feet to the hundred feet, shall be paid by the said Columbus Connecting and Terminal Rail- road Company, its successors and assigns, upon presentation of an item- ized statement of the cost of the same, certified as correct by the City Civil Engineer. Oo CO ie) REVISED ORDINANCES. [CH. 45. 3. If at any time hereafter the proper municipal authorities shall order the construction of any permanent pavement upon the roadway of said Atcheson street, then the Norfolk and Western Railroad Company, its successors and assigns, upon receiving written notice of the passage of such improvement, shall, at its own expense, remove the present trestle crossing over said street and shall replace the same with an iron or steel superstructure with a clear span of the full width of said street, giving a clearance of thirteen feet above the present surface of the roadway, it being understood that the clearance under the present structure is now twelve feet; it being understood, further, that in any event the said present structure shall be replaced by another with an iron or steel super- structure with a clear span of sixty feet and with a clearance as above within one year from the date of completion of the bridge first above referred to. 4. Such bridge crossing in conjunction with the present crossing of the Norfolk and Western Railroad Company shall be not more than sixty feet in width on the south line of said Atcheson street, and shall be not more than eighty-three feet in width at the north line of said street, such widths to be measured from points on the north and south lines of said Atcheson street, respectively, each distant westwardly nine feet at right angles from the center line of the present main track of the Norfolk and Western Railroad Company,and such bridge shall be located and con- structed in substantial conformity with the plan accompanying this ordinance. AN ORDINANCE No. 7685. Granting the right to the Toledo and Ohio Central Railway Company to occupy and use a certain levee therein named for railway purposes, and to prescribe the conditions governing such use. (Passed October 9, 1393.) Srcrion 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the consent of said Council be given, and there is hereby granted to the Toledo and Ohio Central Railway Company, its successors and assigns, the right to construct and maintain a railroad track or tracks upon the levee of said city that borders the south bank of the Scioto river from the east line of the right of way of the Midland Railway, so called, on the west, easterly with the meanders of said levee for a distance of about sixty-four hundred feet to Frank street on the east, upon the terms and conditions hereinafter set forth. | CH: 45] GRANTS TO RAILROADS. 383 Src. 2.. The said Toledo and Ohio Central Railway Company, its successors and assigns, shall, at their own cost and expense, in the con- struction and maintenance of said tracks upon said levee, raise and widen all parts of said levee between the above mentioned points to such height and width’ as shall be given by the City Civil Engineer of said city, or other proper authorities thereof, under the direction of said City Council, so as to protect the territory of said city from inundation from the waters of said river; and if the said railway company, its successors and assigns, shall, before or after the construction of said railway tracks upon said levee, or upon any part thereof, fail at its or their own cost to raise or widen the said levee so as to afford the said protection to said territory, then and in that case the said City of Columbus shall do the same and the cost and expense thereof shall be paid by the said railway company, its successors and assigns, and the said The Toledo and Ohio Central Rail- way Company, its successors and assigns, shall, before the construction of said railway tracks upon said levee, execute a bond, to be accepted by said | City Council, m the sum of twenty thousand dollars, to keep said levee in such repair as to protect the territory of said city from inundation from the waters of the said river. Sec. 3. The said consent and right are given upon the condition that the said Toledo and Ohio Central Railway Company, its successors and assigns, shall hold and keep the said City of Columbus harmless from any and all costs, expenses, judgments and damages to which said city may be put, or that may result to said city by reason of the said construc- tion and maintenance of said tracks by said railway company, its successors and assigns, upon the said levee, or by reason of the use and occupation thereof by said railway company, its successors and assigns; and the said Toledo and Ohio Central Railway Company, its successors and assigns, shall, in addition to the consent of the city hereinbefore given, procure by purchase or due process of law from the owners of the land upon which eaid portion of said levee is located, a right of way upon and over said premises, and also pay into the City Treasury before enter- ing upon said premises to grade or prepare the same for the use of said | railway, the amount of the cost of constructing said portion of said levee so to be used, which cost has been ascertained and fixed by the City Engineer of said City of Columbus,to be the sum of seven thousand five hundred and forty-five dollars. Sec. 4. In the construction and maintenance of said railway tracks upon the said levee, and in the use and occupation thereof for railway 26 384 REVISED ORDINANCES. [CH. 45 purposes, the said Toledo and Ohio Central Railway Company, its successors and assigns, shall conform to and be subject to all ordinances of said city governing steam railways within said city now in force or may hereafter be enacted by said City Council. Seo. 5. The right and privilege herein granted are given and granted subject to the right of said city to open and construct highways across said levee or across said railway track or tracks, and to construct under and along the same such public improvements or works as it may deem proper; and upon all highways now existing or that shall hereafter be opened upon or across said levee, the said railway company, its successors and assigns, shall place and maintain such means for the protection of the public from the dangers that may arise from the use and occupation of said railway track or tracks as the Council of said city may direct. Src. 6. The right and privilege hereby granted shall not take effect until said railway company shall for itself, its successors and assigns, file its written agreement with the clerk of said city to abide My and perform all the conditions herein named. Src. 7. Be it further ordained by the City Council of the said City of Columbus, That nothing in this ordinance contained shall be construed or understood as a waiver, forfeiture, sale or relinquishment of the ease- ment of said City of Columbus for levee purposes on the south bank of the Scioto river. Src. 8. This ordinance to take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 7991. Granting to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company the right of way to lay a single spur track and operate its railway in the center of North Park street and across West Chestnut street in the City of Columbus, Ohio. (Passed November 6, 1892.) Section 1. Be it ordained by the City Council of the City of Columbus, That there be and is hereby granted to the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, its successors and assigns, the right to construct a single spur track and operate its railway from the main lines of'said company, where it crosses North Park street south of the center of said North Park street, across West Chestnut street to the intersection of Spring and North Park streets, subject to the necessary curve in connect- ing with the main line. CH. 45| GRANTS TO RAILROADS. 385 Src, 2. Said spur track shall be constructed upon the following ex- press conditions, and not otherwise : 3 1. Said spur track shall be constructed and laid so as to conform to the grade now or hereafter to be established on said streets. 2. The Pittsburg, Cincinnati, Chicago and St. Louis Railway, its” successors and assigns, in consideration of permission herein granted, does hereby agree and undertake to save the City of Columbus harmless from all loss or damage that may accrue to said city by reason of granting the permission herein contained, whether such loss or damage be in the nature of litigation against said city or injury to abutting property, or from any cause whatsoever resulting from the granting the right of way to said railroad by this ordinance. 3. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, shall grade and plank and keep in thorough repair the bed of said spur track. 4. The right and privileges granted by this ordinance are granted subject to the city charter and of the general ordinances now in force, or that may be passed hereafter, concerning railroads in the City of Colum- bus, and subject to the rights of said city whenever it may by ordinance be deemed necessary to construct sewers, gas or water mains through or across said streete. 5. The Pittsburg, Cincinnati, Chicago and St. Louis Railway Com- pany, its successors and assigns, will remove completely and entirely said spur track over said streets within sixty days after notice so to do by the City of Columbus. 6. It shall be unlawful for said Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, or any one using said spur track, to leave any engine or cars standing on said track where the same crosses Chest- nut and Hickory streets. Sec. 3. This ordinance shall take effect and bein force from and after its passage, on the payment of the publication thereof and the written acceptance of its terms by the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company. 386 REVISED ORDINANCES. ~ [CH. 45 AN ORDINANCE NO. 7971. Authorizing the Toledo and Ohio Central Railway Company to cross and occupy certain streets therein named. (Passed December 11, 1893 ) Section 1. Be it ordained by the City Council of the City of Columbus, Ohio, That the Toledo and Ohio Central Railway Company, its successors and assigns, be and it is hereby authorized to locate, maintain and operate its railroad in and across the streets of said city hereinafter named, and at the points named, to-wit: 1. Across Davies street at a point fifty feet east of Mitchell street, as. measured from the east side thereof to the center line of the right of way of said company. 2. Across Frank street at a point fifty feet east of Mitchell street, as measured from the east side thereof to the center line of the right of way — of said company, said distance being measured at right angles to the east line of said Mitchell street 3. To occupy River street from a point twenty-five feet east of the east line of Sandusky street west to a point thirty-five feet west of the west line of Green street, said distance being measured along the north side of said River street, as occupied by the West Side levee. 4, To cros3 Sandusky street at its intersection with River street. 5. To cross Grand avenue at a point four hundred and two feet north of the north side of the Stone Quarry pike, measured along the east line of said Grand avenue, and at a point four hundred and ten feet north of said north line of said Stone Quarry pike, measured along the west line of said Grand avenue. - Sec. 2. That the right conferred by Section 1 hereof be conferred upon the conditions that said company, its successors and assigns, shall at all times keep said city harmless of any and all costs and damages that may result to said city by reason of the said location, maintenance and operation of the said railroad across and in the said streets, or either thereof; that said company, its successors and assigns, shall at each of the intersections of its said railroad with each of thesaid streets at said point prepare and maintain safe and sufficient crossings and such means for the protection of the public using said highways, or either thereof, as the Council of said city may direct, and that the right and privileges hereby conferred shall be subject to all rights and privileges of persons owning property abutting upon said streets at and near the intersections of the same by the said line of railroad. CH. 45] GRANTS TO RAILROADS, 387 Src. 3. The right and privilege hereby granted shall not take effect until said railway company shall for itself, its successors and assigns, file its written agreement with the Clerk of said city to abide by and perform . all the conditions herein named. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE No. 9199. Authorizing the Toledo and Ohio Central Railway Company to cross and occupy certain streets therein named. (Passed October 16, 1894.) Section 1. Be wt ordained by the City Council of the City of Columbus, Ohio, That the Toledo and Ohio Central Railway Company, its successors ‘and assigns, be and is hereby authorized to locate, maintain and operate its railroad at grade level, subject to the conditions, restrictions and stipu- lations hereinafter mentioned, in and across the following streets and alleys, to-wit: ‘1. Davis street between Carr street and the Columbus, Hocking Valley and Toledo Railway right of way. 2. Broad street between Carr street and the Columbus, Hocking Valley and Toledo Railway right of way. 3. Capital alley and Rush alley, between Starling street and first alley west. 4, State street at a point about one hundred and sixty feet west of Starling street. 5. Chapel street at a point one hundred and ten feet west of Starling street. 6. Town street at the intersection thereof with Starling street. 7. Walnut street at its intersection with the first alley east of Starling street. 8. A ten-foot alley at a point about forty feet north of Rich street, said alley being the first alley east of Starling street. 9. Rich street at a point about three hundred feet east of Starling street. | 10. Main street at a point about two hundred feet east of the west end thereof. 388 REVISED ORDINANCES. [cH. 45 11, The intersection of a fourteen-foot alley and a twenty-foot alley that lie between Mound street and Main street, said fourteen-foot alley running north and gouth along the east side of the oil-works. 12. Mound street at a point about three hundred and fifty feet west - of the canal, near the west line of the Columbus Cabinet Company’s property. 13. Schiller street, Frederick street, Humboldt street, Collins street, Moler street, the first alley north and the first alley south of Moler street, Neff avenue and the first alley south of Neff avenue. Mechanics avenue, Morrill avenue and the first alley north and the first alley south of Morrill avenue, Wood avenue and the first alley south of Wood avenue, Innis avenue and the first alley south of Innis avenue, each between Front — street and the right of way of the Columbus, Hocking Valley and Toledo Railway Company. 14. High street near the south corporation line at a point one hundred and one feet north of the north line of the right of way of the Columbus, Hocking Valley and Toledo Railway Company. 15, Parsons avenue immediately north of the south corporation line. SEec. 2. Provided always, however, and the authority herein granted to locate, maintain and operate said railroad in and across said streets and alleys, and each of them, is given and shall be on the express condition, that if the Council, or other duly authorized authority or authorities of said city, shall at any time determine that the interests of said city require the construction of a viaduct, the construction of underground or over- head crossings at Broad street, Capital alley, Rush alley, State street, Chapel street and Town street, South High street and Parsons avenue, or any of them, at the point or points where the railroad crosses the same, then the said railway company, its successors and assigns, shall, within six months from the time said city so determines, proceed to construct and shall construct at its own expense, within a reasonable time, and shall maintain at its own cost such viaduct, or such underground or over- head crossings, and so protect the same as to make travel on said streets and alleys, and each of them, safe by erecting guards and barriers to obstruct the view of passing trains from the street, and if said railway company, its successors and assigns, shall neglect, fail or refuse to begin construction of said viaduct, or of such underground or overhead crossings, within said time, or to complete the same within a reasonable time, or to erect such guards and barriers, the said city may at its option, by legal - CH. 45 | | GRANTS TO RAILROADS. 389 ~s proceedings instituted in any proper court, compel said railway company, its successors and assigns, to proceed with the construction thereof, or may enter upon the premises of said railway company, its successors and assigns, and construct said viaduct or such underground or overhead crossings and barriers at the expense of said railway company, and the cost thereof to said city shall be paid to it by said railway company, its successors and assigns; and provided further, and on the further express condition, that any and all changes in the grade, curb, surface of and sidewalks along said streets or any of them, made necessary by crossing the same at grade level, or by the ccnstruction of such viaduct or such underground or overhead crossings, shall be done under the direction and supervision of the Engineer of said city at the cost of said railway com- pany, its successors and assigns, and if a viaduct be constructed as afore- said, the roadway thereunder at its highest point shall not be less, than fourteen feet from the lowest portion of said viaduct, and said railway company, its successors and assigns, shall at all times, also at its own expense, defend said city in all cases for damage to property arising from crossing at grade level at any of the streets and alleys herein mentioned, and from the construction, operation and maintenance of said railroad, and also from the construction and maintenance of said viaduct, or such underground or overhead crossings, and from all costs in such cases and all damages, if any, recovered herein, and save said city harmless there- from, and that the right and privilege hereby conferred shall be subject to all the rights and privileges of persons owning property abutting upon said streets and alleys at and near the intersection of the same by the said line of railroad. | Sxc. 3. That immediately upon the construction of said railway across Broad, State, Town, Mound, Rich and South High streets and Parsons avenue, said company, its successors and assigns, shall erect, maintain and operate railway gates of the most approved kind at each of said street intersections, and at all hours of the day or night, by a watch- man, guard each of said intersections, and shall at each of the intersections of said railroad with streets and alleys other than those in this section heretofore specifically named, and with any that may be established here- after, on which said road crosses, or may cross at grade level, whenever the said city by its duly authorized authority or authorities shall deem it necessary, provide, erect and maintain safe and sufficient means for pro- tection of the public using said streets and alleys or any of them as the said city authority or authorities may direct. : 390 . REVISED ORDINANCES. [ CH. 45 Src. 4. That said company, its successors and assigns, shall not con- struct or operate over, in, or across any of the said streets or alleys men- tioned in Section 1 hereof, more than two tracks of lines thereon. Sec. 5. The rights and privileges hereby granted shall not take effect until said railway company shall for itself, its successors and assigns, file its written agreement with the clerk of said city to abide by and _ per- form each and all of the conditions herein named, and should the said railway company, its successors and assigns, fail to file such written agree- ments before entering in or upon said streets and alleys aforesaid, for the purpose aforesaid, or should the said company, its successors or assigns, fail to do or perform any of the conditions and stipulations herein to be by it performed, or should said company, its successors or assigns, violate any of the conditions or stipulations herein provided, then and in such events said company, its successors or assigns, shal] thereby forfeit all rights, title and privileges in and under this franchise, and the same shall be void and of no effect. Sec. 6. That this ordinance shall take effect and be in force from and after its passage and publication according to law. AN ORDINANCE NO. 9812. Granting the consent of the City Council to the construction of a railroad siding across Spring street. (Passed March 4, 1895.) Section 1. Be at ordained by the City Couneil of the City of Columbus, That the consent of this Council is hereby granted to the Columbus, Hocking Valley and Toledo Railway Company to construct, maintain and operate a railroad siding across Spring street on the east side of its main tracks where the same now cross said street, and conforming to the grade of said street. Sec. 2. This ordinance shall take effect and be in force from and after its publication according to law. CH. 45| GRANTS TO RAILROADS. 391 AN ORDINANCE NO. 10159. Granting to the Columbus and Xenia Railroad Company and the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company a right of way across certain streets therein named. (Passed May 20, 1895.) WuerEAs, By the terms of a certain contract between the City ot Columbus, Ohio, the Columbus and Xenia Railroad Company and the Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, provid- ing for the construction of a viaduct over the railway tracks across High street in said city, it was provided that said railway companies should abandon their right of way, as then operated and conducted by them, and re-locate the same farther north in accordance with certain plans on file in the office of the City Civil Engineer; and, WHEREAS, It was provided in said contract that the said city should grant to the said The Columbus and Xenia Railroad Company and The Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, lessee, a right of way for their tracks along and across; the streets and alleys as shown upon said plat; now, therefore, in order to complete and carry out the terms of said contract, Section 1. Be it ordained by the Council of the City of Columbus, Ohio, That there be and hereby is granted to The Columbus and Xenia Rail- road Company and the Pittsburg, Cincinnati, Chicago and St. Louis Rail- way Company, lessee, a right of way for the tracks of said companies across High street, Maple street, Plymouth alley, Naghten street, Randolph street and Front street in said city, as now occupied and located and as shown on a plat on file in the City Civil Engineer’s office of said city, said plat being numbered one hundred and fourteen and known as “The right of way of the Columbus and Xenia Railroad Company from High street to Front street.” Sec. 2. That the rights and privileges granted by this ordinance are subject to the city charter and to the general ordinances now in force or that may be hereafter passed concerning railroads in said city, and subject to the right of said city, whenever it may by ordinance be deemed necessary, to construct sewers, gas or water mains through or across said streets. Src. 3. This ordinance shall take effect and bein force from and after its passage and publication according to law, and the written accept- ance of its terms by the said railway companies. 392 REVISED ORDINANCES. [cH. 46 CHAPTER 46. TELEPHONE FRANCHISES. 1. Central Union Telephone Company. 2. Ohio Telephone and Telegraph Company. 3. Columbus Telephone Company. CENTRAL UNION TELEPHONE COMPANY. A RESOLUTION Authorizing the Board of Public Works.to coatract with the Central Union Telephone Company, covering the mode of use of the public ways by telephone poles and wires; also giving consent for placing wires in underground conduits; also estab- lishing and maintaining police and fire alarm wires of the city; and also furnishing for city use certain telephones and telephone exchange service. (Adopted June 4, 1894 ) Be it resolved by the City Council of the City of Co’umbus, That the Board of Public Works of said city be and it. hereby is authorized and empow- ered to contract with the Central Union Telephone Company, a corpora- tion organized under the laws of the State of Illinois, as to the mode of use of the public ways of said city by telephone poles and wires, and therein giving consent for placing such wires in underground conduits, and establishing and maintaining police and fire alarm wires of the city, and securing for city use certain telephone and telephone exchange service. But said contract when made shall provide among other things, as follows: 1. The location of the telephone poles, lines and fixtures of said company, as now made, is to be approved (except as herein provided), and any change therein or extension thereof to be made under the direction of the City Civil Engineer. 2 The poles and wires on Oak street east of Parsons avenue to be removed and located in the alley south of and parallel to said Oak street within ninety days from the date of such contract. 3. Consent to said company to be given to construct and maintain underground wires and pipes for conduits and other fixtures for contain- cH. 46] TELEPHONE FRANCHISES. 393 ing, protecting and operating such. wires in the streets and public ways of said city; provided, all such streets and highways shall be immediately restored to their former condition to the acceptance and approval of the Civil Engineer of said city ; and provided further, that no such conduit or work underground shall be begun until said company shall have first made and filed in the office of the City Civil Engineer a detailed map and plat giving the location and plan and specifications of the same, and until such location, plan and specifications have been approved by said City Civil Engineer. 4. And as a consideration for all concessions, grants and privileges in ‘said contract made and given by said city, the said company shall agree that so long as it enjoys and exercises the rights specified, said City of Columbus shall be permitted to place and maintain on any of the aerial poles or fixtures or in any of the underground conduits of said company in said city the police and fire alarm wires of said city; provided, that the same shall be so placed and maintained by said city as not to interfere with the use of its wires by said company; and the same to be so placed and maintained under the direction of said company’s local manager in said city; and said company to further agree to furnish for the use of said city for and in connection with the fire alarm and police patrol tele- phone exchange systems of said city not to exceed seventy-five magneto telephones and seventy-five microphones or battery transmitters free of charge, and all poles shall be straight and smooth and kept well painted. OHIO TELEPHONE AND TELEGRAPH COMPANY. AN ORDINANCE NO. 8981. Granting permission to the Ohio Telephone and Telegraph Company to erect poles snd wires on the public ways of the City of Columbus. (Passed June 25, 1894.) Section 1. Be it ordained by the City Cowncil of the City of Columbus, That permission be and it is hereby granted to the Ohio Telephone and Telegraph’ Company, its successors and assigns, to erect, operate and main- tain lines of telegraph and telephone, including the necessary poles, wires and fixtures, upon, along and over such of the public ways of the City of Co- lumbus as its business may require; provided, that all poles shall be neat, symmetrical, and painted, and that no pole shall be less than twenty- ' five feet above the surface of the ground. 394 REVISED ORDINANCES. [cH. 46 Src. 2. All poles erected under this ordinance shall be located under the supervision and direction of the City Civil Engineer, and said com- pany shall replace and properly relay any sidewalk or street pavement which may be displaced, in the location of its poles, and, upon failure so to do, after ten days’ notice, the city shall repair the sidewalk or street pavement so displaced and collect the cost incurred from the company. Sec. 3. In consideration of the rights and privileges herein granted, said company shall provide a ten-pin cross-arm on all poles erected under this ordinance, at its own expense, for the free use of the police and fire alarm telegraph system of the City of Columbus. Sec. 4. Said company shall at all times be subject to the city ordi- mances now in existence, or which may be hereafter passed, relative to the use of public streets or other public places Sec. 5. Said company shall indemnify the City of Columbus against, and assume all liability for damages which may arise, come or occur to the City of Columbus from any injury to persons or property, from the doing ofany work herein mentioned, or the neglect of said company, or any of its employes, to comply with any ordinance relative to the use of the streets, or other places, and the acceptance by the company of this ordinance shall be an agreement by it to pay to the City of Columbus any sum of money for which the city may become liable from or by rea- son of such injury. Sec. 6, Any violation or failure to comply with the provisions, of this ordinance shall operate as a forfeiture of allrights granted thereby, without any claim for damages against said city by reason of such for- feiture. Sec. 7. Said company shall file with the City Clerk its acceptance of this ordinance within sixty days of the date when it shall take effect. Src. 8. Nothing in this ordinance contained shall be construed so as to grant unto said company the exclusive right, or to prevent the grant of similar privileges to other individuals or companies for like purposes on the highways of the city. Sec. 9. This ordinance shall be in force from and after the date of its passage. CH. 46] TELEPHONE FRANCHISES. 395 COLUMBUS TELEPHONE COMPANY. AN ORDINANCE NO. 10164. Granting the permission and right to The Columbus Telephone Company to erect poles. and wires and to construct conduits and maintain the same, on and in the public ways of the City of Columbus. (Passed May 20, 1895.) Section 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That permission be and the same is hereby granted to The Columbus Telephone Company, its successors and assigns, to erect, operate and maintain lines of telepbone, including the necessary poles, wires and fixtures and conduits, upon, along, in and over such of the public ways of the City of Columbus as its business may require or that it may hereafter determine upon; provided, that all poles shall be neat, symmetrical, and painted, and that no pole shal be less than twenty-five feet above the sur‘ace of the ground. Sec. 2. All poles erected under this ordinance shall be located under the supervision and direction of the City Civil Engineer, and said company shall replace and properly relay any sidewalk or street pavement which may be displaced in the location of its poles, and, upon failure so to do, after ten days’ notice, the city may repair the sidewalk or street pavement so displaced, and collect the costs incurred from the company. Sec. 3. The franchise herein granted to the said The Columbus Telephone Company, its successors and assigns, is granted for the term of twenty-five years from the date of the passage of this ordinance and its. acceptance by the company as hereinafter provided. Sec. 4. In consideration of the rights and privileges herein granted, said company shall provide a cross-arm on all poles erected under this ordinance, at its own expense, for the free use of the police and fire tele- graph system of the City of Columbus; and said company shall furnish to the City of Columbus, for its public use in the police and fire depart- ment and all other departments of said city, seventy-five telephones free of charge for and during the existence of the term for which this franchise is granted. Said distribution of all telephones for public use shall be under control of the City Council. And further, that said company pro- poses to pay, on or before the 15th day of January of each year, after it has begun operations hereunder, to said city for the use of the general ex- pense fund, one per cent. upon the first fifty thousand dollars, and two per cent. upon all receipts over and above the sum of fifty thousand dol- 396 REVISED ORDINANCES. [cH. 46 lars up to one hundred thousand dollars, and three per cent. on all over one hundred thousand dollars of the gross receipts in the preceding calen- dar year from the rental of telephones within said city. Sec. 5. And to enable said city to ascertain the said gross receipts of said company during and for the period named, said company shall report annually, on or before the 5th day of January of each year, the amount of its gross receipts aforesaid to the Director of Accounts of said city, which report shall be verified by affidavit of the President or Super- intendent of said company, and the Director of Accounts may at any time verify said report by a personal inspection of the books and papers of said company showing the said gross receipts thereof. SEc. 6. Said company shall at all times be subject to the city ordi- nances now in existence, or which may be hereafter passed, relative to the use of public streets or other public places. Src. 7. Said plant to be constructed and used by said company shall be built and in operation within a period of twelve months from the date hereof, unless prevented by injunction proceedings or other interventions of the courts. Sec. 8. The poles and wires so to be constructed, pei and maintained, as hereinbefore authorized, shall be constructed, operated and maintained so as to cause no serious interruption to the telephone service on existing lines and poles, neither to the company now in oper- ation, nor to the subscribers thereof. Sec. 9. And said City of Columbus hereby grants said The Colum- bus Telephone Company permission at any time at its option, to con- struct and maintain underground conduits and other fixtures in the streets, alleys and other public ways and places of the city, and reserves the right at any time six years after the date hereof, to require said com- pany, when a like requirement is made of all other companies having poles and wires upon the streets, alleys and other public places in said city, upon one year’s notice, to remove all poles and wires used by said company, from streets and alleys of said city, or any part thereof, and | that the wires or other appliances used by said company be placed in safe conduits or other fixtures underground and in such way that those so put in by said company shall in no manner interfere with public or private property, and also to require said company, in opening trenches for said conduits or other fixtures, to do all work necessary therefor under the supervision of the Engineer of said city, and to replace, repave and refill all trenches made necessary in doing said work, and that said filling, re-. CH. 46] TELEPHONE FRANCHISES. 397 paving and restoring of streets and alleys shall be under the supervision of said City Engineer and to his entire satisfaction, and that the said company, if ordered to place said wires underground as aforesaid, shall save the city harmless from all casualties or accidents that may occur or arise during said work. Sec, 10. Said The Columbus Telephone Company shall be limited in making its charges for services to be rendered to the citizens of said city, as follows: For furnishing telephones for residences and all services connected therewith, a sum not greater than three dollars per month, and for furnishing telephones to business houses and all services connected therewith, a sum not greater than four dollars per montb, within a radius of one mile from the intersection of Broad and High streets in said city, and not to exceed fifty cents additional for each quarter mile. beyond one mile from said point, until such time as it may be required to place its ‘wires underground, when charges for services may be equitably increased, but such increase shall not exceed one dollar a month over and above the charges fixed herein. Sec. 11. Said company shall indemnify the City of Columbus against, and assume all liability for damages which may arise, come or occur to the City of Columbus from any injury to persons or property, from the doings of any work herein mentioned, or the neglect of said company, or any of its employes, to comply with any ordinance relative to the use of the streets, or other places, and the acceptance by the com- pany of this ordinance shall be an agreement by it to pay to the City of Columbus any sum of money fer which the city may become liable from or by reason of such injury. Sec. 12. Said Columbus Telephone Company shal! not sell or dis- pose of in any way the franchise herein granted to any person, firm, part- nership or corporation now operating a telephone exchange or plant in said city, nor to any person, firm, partnership or corporation in any way financially interested in or representing or controlled by any firm, part- nership or corporation now owning or operating a telephone exchange or plant in said city; and any sale coatrary to the foregoing conditions shall operate as a forfeiture of the franchise herein granted. Sec. 13. Said company shall file with the City Clerk its acceptance of this ordinance within sixty days of the date when it shall take effect. Src. 14. Nothing in this ordinance contained shall be construed go as to grant unto said company the exclusive right, or to prevent the 398 REVISED ORDINANCES. [cH. 47 grant of similar privileges to other companies for like purposes on the highways of the city. Sec. 15. This ordinance to take effect and be in force from and after its passage and publication according to law. CHAPTER 47. MISCELLANEOUS ORDINANCES. Regulating sale of nitro-explosive compounds. Prohibiting maintaining of dairies in city. For the protection of squirrels. Prescribing manner of cleaning street railway tracks. Collection, removal and disposal of garbage, offal, dead animals and condemned meat. 6. Compensation of County Auditor and Treasurer for collecting special assessments for street. a improvement, 7. Increasing salaries of telephone operators in Fire Department. REGULATING SALE OF NITRO-EXPLOSIVES. AN ORDINANCE NO. 10421. To regulate the sale of dynamite or other nitro-explosive compound within the corporate limits of the City of Columbus. (Passed July 29, 1895.) Secrion 1. Be et ordained by the City Cowncil of the City of Co’winbus, Ohio, That it shall be unlawful for any person, firm or corporation to sell or give away, in any quantity, a substance or material known as dynamite, or other nitro-explosive compound, to any minor, or to sell or give away the same to any person or persons, without marking the word “dynamite” upon the label, wrapper or vessel containing it, and all persons, firms or corporations within said city who shall sell dynamite or other nitro- explosive compound in any quantity to any person or persons shall keep a register in a book, to be kept for that purpose, and shall enter in said book the day and date upon which any such sale is made or such property given away, the quantity sold or dieposed of, together with the name, age, sex, color and place of residence of the person receiving the same, together with a statement of the object for which it is required and the name and place of abode of the person for whom the same is intended, which said book shall at all times be open to the inspection and examination of the police authorities of said city; and any person or persons within said CH. 47 | MISCELLANEOUS ORDINANCES. 399 corporate limits who shall sell or otherwise dispose of the material herein- before named, in any quantity whatever, without complying with the conditions hereinbefore set forth, shal], upon conviction thereof in Police Court of said city, be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the City Prison not less than ninety days, or both. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication according to law. PROHIBITING DAIRIES IN CITY. AN ORDINANCE NO. 10509. To prevent the maintaining of dairies within the corporate limits of the City of Columbus, Ohio. (Passed August 26, 1895.) Section l. Be tt ordained by the Council of the City of Columbus, Ohio, That it shall be unlawful for any person, firm or corporation to keep or maintain a dairy within the corporate limits of the City of Columbus, Ohio. Src. 2." That any person, firm or corporation owning or keeping more than two cows shall be held to keep and maintain a dairy within the meaning of this ordinance. Sec. 5. Any person, firm or corporation violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in any sum not exceeding one hundred . dollars. Sec. 4. This ordinance shall take effect and be in force in six months from and after its passage and publication according to law. FOR THE PROTECTION OF SQUIRRELS. AN ORDINANCE NO. 10612. For the protection of squirrels within the corporate limits of the City of Columbus, Ohio. (Passed September 30, 1895.) SECTION 1. Be a ordained by the Council of the City of Columbus, Ohio, That whoever shall kill, maim or wound, or chase, annoy, worry or throw any stone, club or missile at or attempt to capture with the purpose of 27 400 REVISED ORDINANCES, [CH. 47 killing, injuring or secreting any squirrel within the corporate limits of the City of Columbus, Ohio, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding twenty-five dollars. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication according to law. PRESCRIBING MANNER OF CLEANING STREET RAILWAY TRACKS. AN ORDINANCE NO. 10330. To provide for the manner in which the street railway tracks shall be cleaned. (Passed October 7, 1895.) SEecTION 1. Be tt ordained by the City Council of the City of Columbus, Ohio, That any person, persons or corporation who sweeps, cleans or causes to be swept or cleaned the tracks, curves or switches of any street railway company, occupying the streets of the City of Columbus, shall first sprinkle the same with sufficient water to prevent the flying of any dust or dirt while such sweeping or cleaning is being done, and shall immediately remove such sweepings from the street so as to prevent the same from being washed into and filling the sewer drops upon such street. Sec. 2. Any person, persons or corporation failing to comply with the provisions of Section 1 of this ordinance shall, upon conviction thereof, be fined in any sum not exceeding twenty-five dollars. Sec. 38. This ordinance shall take effect and be in force from and after its passage and publication according to law. ‘ GARBAGE. AN ORDINANCE NO. 10589. Providing for and regulating the collection, removal and disposal of garbage, offal, dead animals and condemned meat in the City of Columbus. (Passed September 30, 1895.) Section 1. Be it ordained by the City Council of Columbus, Ohio, That it shall be the duty of every resident householder, tenant, hotel keeper, boarding house keeper, retail dealer, and all parties or persons occupying dwellings within the City of Columbus to provide, or cause to be provided, CH. 47] MISCELLANEOUS: ORDINANCES. AOI and at all times to keep or cause to be kept or provided, portable vessels or tanks for holding garbage and offal, said vessels or tanks to be perfectly water tight, and so kept with handles on the outside and provided with a tightly-fitting cover, which cover shall not be removed except when abso- lutely necessary. Said vessels or tanks shall be kept or placed in the rear of the house, or in the basement areas or passage ways most accessible to be collected, and never upon the street, alley, sidewalk or other public place, and shall be of a capacity of not more than two bushels. All such vessels or tanks shall be promptly delivered to the collector when called for, and shall be returned by him to said place or places without unneces- sary delay, and no person, except for such purpose authorized, shall in any manner interfere with said vessels or tanks or the contents thereof. Sec. 2. The words ‘‘garbage and offal” as used in this ordinance shall be held to include every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storage of meats, fish, fowls, fruits or vegetables; and it shall be unlawful for any person to place in said vessels or tanks any ashes, refuse, waste or other material whatsoever. ‘Sec. 3. All persons engaged in collecting and removing garbage or oftal as aforesaid, shall for said purpose provide themselves with iron or steel boxes, or tanks, mounted on two or four wheels, which boxes, or tanks, shall be made perfectly water tight, and kept so, and securely and tightly covered on top so as to prevent the contents or any odor escaping therefrom; and when unloaded, each of said boxes, or tanks, shall be thoroughly washed out and disinfected to the satisfaction of the Superin- tendent of Health and Charities, and such vehicles shall be so loaded and driven that none of the material shall fall upon the ground, or run ont, or spill therefrom. All of such vehicles shall have attached thereto, on both sides, a sign, with the words, “garbage cart,” or “ parbage wagon,” painted thereon, together with the number of said vehicle, in black letters, not less than four inches in height, on white ground. Sec. 4. All persons engaged as aforesaid shall call regularly at all hotels, boarding houses, restaurants, dwelling houses and retail dealers at the time hereinafter provided, and shall remove promptly and ina cleanly manner all garbage and offal offered, and shall promptly return all receptacles, or vessels, to the premises from which they were received. Sec. 5. All such garbage and offal thus collected shall be conveyed by the persons so collecting it, at their own cost and expense, to a reduc- 402 REVISED ORDINANCES. [cH. 47 tion plant located without the limits of the City of Columbus, the location of said reduction plant to be designated by the Director of Public Safety, and all such offal or garbage so removed shall be disposed of at such re- duction plant in a sanitary manner. Sec. 6. The Director of Public Safety shall district the City of Co- lumbus for the purpose of collecting and removing garbage and offal, said districts not to exceed two in number, and shall set forth fully in the specifications for the contract for collecting and removing the same the number of times per week in which garbage shall be removed from the various districts. The hours during which said garbage and offal shall be collected and removed shall be designated by the persons en- gaged in said business, subject to the approval of the Director of Public Safety, printed notices of which shall be furnished and distributed by said persons, at their own cost and expense, to the owner, tenant, lessee or occu- pant of every hotel, boarding house, restaurant, dwelling house and retail dealer as aforesaid. Sec. 7. All persons engaged in the business of collecting and remoy- ing dead animals and condemned meat, shall for the said purpose provide themselves with iron or steel boxes, mounted on four wheels, which boxes shall be made perfectly water tight, and so kept, and securely and tightly covered on top so as to prevent any odor escaping therefrom; and when unloaded, said boxes shall be thoroughly washed out and disinfected to the satisfaction of the Superintendent of Health and Charities. Sec. 8. It shall be the duty of all such persons engaged in the collec- tion of dead animals and condemned meat as aforesaid, upon notice being given them by any city officer, authority or citizen, to immediately pro- ceed to collect and remove such dead animals and condemned meat as provided for in the preceding section, in such place or places as shall be designated by the Director of Public Safety, and there disposed of in a sanitary manner. Src. 9. The words “dead animals,” as used in this ordinance, shall be held to include all dead, undressed, unslaughtered hogs, cattle or other animals which may have died from disease, accident, or other cause. Src. 10. No person or persons, except those as hereinbefore author- ized, shall be allowed to collect and remove, or cause to be collected, any garbage, offal, dead animals or condemned meat as aforesaid, unless by special permission of the Director of Public Safety, and then only in accordance with the provisions of this ordinance, or of such additional rules and regulations as may be provided for therein. 9? CH. 47 | M{SCELLANEOUS ORDINANCES. 403 animals and condemned meat as aforesaid, sball be conducted under the supervision and control of the Department of Public Safety, and in strict accordance with the provisions of this ordinance, and of the additional rules and regulations made, or to be made, in compliance therewith ;- and it shall be the duty of said Department of Public Safety to strictly enforce the same. Sec. 12. The Director of Public Safety is hereby authorized and empowered to make and enforce such additional rules and regulations regarding the collection, removal and disposal of garbage, offal, dead animals and condemned meat as he may from time to time deem neces- sary, said rules and regulations to be subject to the approval of the City Council and Mayor. Sec. 13. Any and every person or persons failing to perform the duties required ot them, or to comply with the provisions of this ordi- nance, or of the rules and regulations made under and by virtue of the same, shall for every such offense, upon conviction thereof, be subject to a fine or penalty of not less than five dollars nor more than fifty dollars, which fine or penalty shall be collected as fines and penalties are now by law collectible. Sec. 14. The Director of Public Safety be and is hereby instructed and empowered to advertise for proposals, and enter into a contract for the collection, removal and disposal of the garbage, offal, dead animals and condemned meat of the city in accordance with the conditions, stipula- tions and requirements of this ordinance, such contract to be for a term not exceeding ten years, and subject to the approval of the City Council and the Mayor. Sec. 15. That any ordinance or part of ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed, so far as the same affects this ordinance. Sec. 16. This ordinance shall take effect and be in force from and after its passage and publication according to law. TENDING TIME FOR CONSTRUCTION OF COLUMBUS CENTRAL RAILWAY TRACKS. On December 30, 1895, the time within which the tracks of the Columbus Central Railway Company lines were to be completed was extended to January 1, 1897. 404 REVISED ORDINANCES. [CH. 47 COMPENSATION FOR COLLECTING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT. AN ORDINANCE NO. 9598. Fixing the compensation of the Auditor of Franklin county for placing the special assessments of the city upon the tax duplicate, and for adjusting corner lot cases. (Passed January 7, 1895.) Wuereas, The Auditor of Franklin county is required by law to place upon the duplicate for collection as other taxes the special assess- ments made by the City of Columbus, certified to him for that purpose by - the Clerk of such city, and for such services no compensation is definitely fixed by law; Therefore, Section 1. Be it ordained by the City Council of the City of Colum- bus, Ohio, That the Auditor of said county of Franklin shall have and receive as full compensation for placing upon the duplicate for collec- tion, and adjusting those heretofore certified down and uncollected, all assessments so certified to him for that purpose by the Clerk of said city, arising from improvements made under the “Bruck or Taylor laws,” or any other like law, one per cent. of all collections hereafter made on such assessments, to be paid to him out of the general expense fund of the city, after each of his semi-annual settlements, in February and August. And be it further ordained, that said Auditor is further authorized and empowered to adjust amounts, copy and list in a separate book or books all corner lot assessments and replace the same on the tax duplicate for collection, and for such services he shall be paid by said city, out of the general expense fund thereof, the sum of fifty cents for each of such adjustments, after each of his semi-annual settlements, in February and August. It is further ordained, that the Chief Engineer of said city shall make all necessary plats and statements showing the present owners of property subject to assessments for the improvement of North High street under the “‘ Penn act,” the frontage owned by each and the amount of. principal and interest due and a lien upon each parcel or lot. Sec. 2. This ordinance shall take effect and be in force from and after its passage and legal publication. ae) 0 ae MISCELLANEOUS ORDINANCES. 405 Pepemenne eS heen OT) oltre Oe coe he eee RE th a La oe AN ORDINANCE NO, 9750, Fixing the compensation of the County Auditor and County Treasurer of Franklin county, Ohio, on collections made of the special assessments for street improvement within the city. (Passed February 11,1895.) Seotion 1, Be at ordained bythe City Council of the City of Columbus, Ohio, That the County Auditor and Treasurer of said county of Franklin shall each receive the salary hereinafter provided in full for all collections made by them from assessments for street improvements made under the so-called ‘Taylor law,” Bruck law” or ‘‘ Penn act” within the City of Co- lumbus, Ohio, to-wit: Said Auditor shall receive for the year ending on the 3d Monday of October, 1895, the sum of two thousand dollars as salary, and five hundred dollars additional thereto for the rewriting of the old assessment duplicate for such assessments; said Treasurer shall re- ceive for collecting such assessments for the year ending on the Ist Mon- day of September, 1895, a salary at the rate of two thousand dollars per year, to be computed from the time of the taking effect of this ordinance to the close of said term at said rate. Said compensation above provided for shall be paid out of the general expense fund of said city at the close of such officer’s said term. Src. 2. That so much of Ordinance No. 9598, passed January 7, 1895, by this Council, fixing said Auditor’s compensation on such collections at ‘one per cent.,” be and the same is hereby repealed, and that.so much of the resolution adopted March 12, 1894, fixing the said Treasurer’s com- pensation on such collections at “ one per cent.,” be and the same is here- by repealed. Sec. 3. This ordinance shall take effect from and after its passage and legal publication. INCREASING SALARIES OF TELEPHONE OPERATORS, On December 23, 1895, the salaries of fire alarm telegraph operators were fixed as follows: Three fire alarm telegraph operators shall each receive a per annum salary as follows: For the first year four hundred and twenty dollars, for the second year four hundred and eighty dollars, for the third year 406 REVISED ORDINANCES. Kets Oey, five hundred and forty dollars, for the fourth year six hundred dollars, for the fifth year, and for each year thereafter, the sum of seven hundred and twenty dollars, and that in fixing the salary of each of said operators now in the employ of said city credit shall be given for the time they have been employed by said city in such capacity. r INDEX. 407 Index. PAGE Accounts, Department of........... Pe ebeae eee ecate Gi ince senna: Meoatanees TN SRS ear Ane ep 28 Additions and subdivisions accepted...........-.s0006 DARDS a asc padhy aSinebae tes sesseese 169-215 Advertisements, official .. .... eehoc te Mwave laneoed ey weaved Were nacReaen onglege neues Lane smn csaenaty 25 Advertisements, tearing dOWD...).......sss0e0.sse00 caidas detebites shudtak sues aye Reucn ons Musee 115 Advertisers and bill poster’s license ............scscssssvce conseses sosesssaecs be ak eee, 102 PECL a TARE COPOUA Ces cn res & Mac oaes\ cea deveiinsswotsenntaned ocd dnenesereuenaccndnerdnupea cs wnguns 112 Arias fun nin gy At Lar Be 6 isco.ssevvecssenss conedabey cesses 1 ee apd RRR tg PRE EEN a 1 Appointments, see the several departments. ; ALPPTOPLLALIONS HY COUUCH 50.65. veosawascigavnre sovonaipanaae's ob dcuy css ubaeinon Aecameles’ cpaeanans 28 Ashes, accumulation of.... ....... MiP sasesdeseavuse Richanabe dochranecesieheceveucunseteaasaan sees 81 Asphalt pavements,’ to protectin -sooreecc'sssnessennasdnevegres'ivoevestsosrwmsnedsod Vevosnconeseas 130 GBC DINE UDIAWIULEY co cdsen'sonctrsece! oacdsnensgse coe aph veces eascaneethiancranaesseteeraattins 109 PAITCION Go asee codnen neces She case va heNe cs oe meena POL PY Dae wed tes AA A Bee ane See, Beans 69, 127 Auditing of accounts.. ..... Reece vars clan cti eae Pucaag oh Secs ears Sine useR aes ane tepeNGeeeees 28 Awnings, height and projection of ...............60 F hasyinewe penwncaoren satoeny Ma taven gout 2 Ball playing... Conien ya ateabiasue clue yhevoetoenubinu tigi Nondeak daa ots sp: vghecion tavaea'y mmmatrd 127 Barber shops ae ee on Sundey BU aU ats caphe Nl iatad woneke tages Phat eche sie tapetandatyt bitene 133 Bathing an’ publiciprohibiteds .....)csveesso- Gavenbece sp lovosndss deensladtesnvveteagSadeyamoels cOaae 124 PICU RMLG Maes wisCCo sek tec epeth aieereirrecas rss, Pad ebvehviudeensevdalioengece vs abse eRe magus spite hed 112 BMRB eee ed ro us, cape Luss cohawe sButU ponds) ox avopen aces heaesen bootie Reaboominbe peveue 123 Bill poster’s license..... .. ....... seats SEAS cy ean race cbcodweceduanaeats EAL Raat r Re ors 8 102 PIG ANI MAIN coisas leverseidh ewes Ths singinec edu oeeabe Jaavcktasevaslsucecdas sien kekahiawaneames 55 PAIN BIT OL. ache resins tesspunt stesenaastescarsinstal vessacgadeadadaititestuau cued npeosed uae pa Blocked squares............4. WRG Gewese Peds auteshdbbakovesd ascent ocsgsabaerann ste cod uate Cee mempine ta Ro pi=eiee Oss PELULatIONS CONCEMNING!.3,).45 4.\c>e>- cecanossel cobconcyatcedoopende dou derneseceaeavebeeneat 3 Bonds, bounty for volunteér veterans..3....s..cec.cseseel ecvsseve seosecses serooscansateeeeuesit 6 Bonds, disposition of money received from..........ses01sse00s ines babalecee ty tee ae caneee 5 Bonds, safe keeping of > ORI Se aee ate Ura. MeeAnorceacOaleaee a ee Pes A RE ee? 5 Bonfires ........... Age sewtbecedede Seat yaeventee Uvncen sar ced aa teases eee eeam 114 Baothlacks ened me fev alated “; Ucvensaawceas’ca tnaghs thet reautsntkastwounaenen tate 7 Boundaries of city................. RecN acsmabeeNta em ete es Nis A RA ol et RS HRN Ns sal eueaeeet 9 Boundaries of wards..........ses0.ee0e0 bo counaetecdunive ectahst dandyethage Peatew on gexentimaneees 13 EEL E Ur AGRA OS svi wedged sos ves deeb il oneness Al sek od cv eseod Geo velvedonkeeavadoke Gedes REN Ree 6 Bridges..... . See SMR eens puaanarnes Fe nberabeteeenwenavanasieh init Mis taten tees Os Naw eberan 33, 34 Buildings— AURA OOK Mies 4 Susti oadosn eh cctbe ghee Nabe eae BRE mienenetents 132 GAT OT OMS: ives dna ue heaibnwes cheba yas dabaes tetas MPa tees dangerous to heaithe: wast da eecp hes dangnemaseaees wnesemenidcan ss (hie dieses vant tediy 59 VHEDECLOL Ol tales sag thah ra tan san cctlacksauasinealc on ks: CE erik wooden prohibited... BAR CARRE aE Eee src RE cmabene eae tsVcRnencne Deb NE ee Cem MT CCERCIE PRIMM teva dad ant Rec konsins ccieek ad goshevde tates 408 INDEX. PAGE Canvassers for enlargement of pictures .... ........c:ceeceeeees eadeecradel'ys Pinewaeas cuediedd 100 Cattle not to be driven on certain streets ..........cecece0e VE Aan nazee ee ee) decanters 133 Cellars, offensive .......... LosaaincaeUOAW Ag temoauab eee ks ieeeuda eu aieee te ready eae ee aeee 59 Central Ohio Natvorat Gas. aad Fuel Company Frok bhind Be ORY Mane een ae spatwand 353 Central Union Telephone Company franchise............... dla eb pesacsaxisaweneGeen eens 392 Certificates of indebtedness ............0. ceecneer eee etes evens peeaae 5 Chimneys, burning out of.............. wieweaeucies ease 4 bare Bales aidalnan pokne kee deena Peg se a eodee ite 82 City Clerk... .:5../i.<. Pinos hee Pa rekon BE UU Ste iy ge sid ccaeih ies aieaeeee ag a Oe deka ee 24 City limits............ eh onainkosthurate tae untae Si Lah D Sas 9 Sabua sad tateed Up deg a aede ieekeg cee 9 Claims, manner of payment ........... hasers pateddss'Syeetaseal’s than Susstus> debpiey CapeR MM eCEne 29 Cleaning tigh in public markets: ...5,00.5; cess ovcnes segeastonacyscactebabdahi Overman cat’ sige a ves Clerk, City, election, duties, salary and bond of ........... OP Peas Rr ee See OF re aes 24 Coal, weighing of............. Hauiersephhpeswanesetek Sen ere es APE Vy art Fy cet: a yanlichatecede 78-9 Columbus Central Railway Company franchises.........0..ccccccceee cece serene sesecseed DLB-B4Z Columbus Edison Electric Light Company franchise ..............cc00seeeeeeeecenecvens 359 Columbus Electric Light and Power Company franchise...........6. «+ « Ape es 361 Columbus Gas Light and Coke Company franchise.............cccceccescccceeceeeeeees 357 Columbus and Harrisburg Electric Street Railway Company franchise............ 342 Columbus Street Railway Company franchise................csececeee.eeees Wanidlee amen ete 215-312 Columbus Telephone Company franchise......... Nees Rives eae doe Ane wee bree wrath ta eee 395 Concealed weapons, Wearing.......6. cesee sees Cade hapa tud Uae fi adsmnakine ka plea ote a Yeasts ee 110 Crosstown Street Railway Company franchises...........ccc.cceeeeceeeer eee Sines Wawa nae 307-312 Combustible material ........... socb beta Noateumstetw ee eeemei eden dh gh abetee oe pcatre eee aeeetene 81, 83 MJQUSE ADLER SrSOICEIS ren ceescewe le ae” iocenddes unas iy etaere T, Saveanctey abd avsw Sanna getans Memes epee 27 Contagious diseases.......... .2.+. cece LelSa ade bga ONS ches as eu lays na peel Pee eae Tee SEU Oe 62 Contracts, Engineer not to be interested AT Setarccenesees Re inak Cos neers Re a eee as 42 Corporation limits.................000. Sea ay Pk PDE aaa datslviak POE ER Ep Be eo avekeraes 9 NAG DRNS MUN CAL GP a 5 o8e 5s due vay hackers Sauucencs's ity. Geauwe teas aver en bones Sie havea ack cytes 62 RR RAE TINE WEL IS sila 25 (alo, oes snedaasadeh hci bir leasareicendacas oa Ye license, Seine eae SennoS Pe 115 NVCREY CA ULUUER BIS Soh cre Fe nics Oi acad Mors Soh Faw hacedee nel sacs silks Pah sabes cers etameer 110 SREE NEEM MONDE OLE OU as 5, Vr osc deuycts vnageciony stung si Seems sane amet piidageh cade cat lbaderahsarsuteres 131 Council— RPDTOPLIAtIONs OY ..s, dca xceaninns socoe waccivdene cant visas dhre Gh va tcdatena Uda VeseR een 28: approval of appointments by ..........cseseescseves seeeerees subs coeceede uta ee 45 elections by........... ledeawes Pek s SCM AN Eee keh mean Ose ee aA Rae EMAC ot ee ses ec ie .. =: 94, 98 expulsion. of member by -3:, cies driscoeedidnas davesecks seseqii VI Asaweeh Sentivnd 26 page of, compensation ........... 00 ceeeeeuceeee gssilag bevaps antes deus eapditnes maeea TAUCK BEATS rocaes occcds vancekene Ice.in parks not'to be disturbed i...) ..l.c. se sisds.ceece-ver acetone Weidycoadies dgbshans ccanneee Immature animals............ 2.20000. wean Impersonating officer ............... PRI PPOMEE, OTEGS),., 06605" cdaae bone secaesaguves Improvements, Department of Public.......... secauaesmmnenes agains seseashes Aha nee) earneaaties eee eee eee eer) Seema es aeeeene . seeee ee oreo raeeoas tees sees eeeenree OOO E EHH. PHRF OH EHH HEHEHE HEHE EE HEHEHE HH EEEE HT TOHESH SHEED oes chee eee Indecent conduct . EE eM Ue uta a ron Eg cx vitae halal Indecently pehibnibe mica: Infirmary Director, City ......... .. sadun anes Sha wantane sh dca) ema shaven daawus vai Supitanaehaanenh Injuring asphalt pavements ..................00eee es aninn sannceucAng caWunsiasenahe och coayn) Stee Injuring fences or lamp posts............ Injuring fire apparatus ...... Pair ite brary: NOOKS .4s.ii50 nesactedeacsee: pareodgee ererras caneae cio gasees corrupting wells ............ Sora betetar pe canaviehede tte Sou peeenta banide user cruelty to animals........... aes vey tees voxsaeas cruelty to squirrels... ..........0006 curbing, to protect........-.-escseeres Pete eee ee vees eaeeee eeeee Soest osees FOO OOO Oe CHRO H OHO EEE SHEE EO EEES EEOSEH EOS SUCCEED Ore rereeeeeceeoeoe OPPO OO ROHR SHREK Gee ee Et eeeeeee OOOO OOOOH OE SOS OHEHHETTTEOPR cases ees GHEHOD HEHE HEe POM Seo eee ree eee seEerH One cutting ice south of Ohio Penitentiary ........ Gani Gerona AnIMAlE Ay, cass se cca rbakaveneueer-acedateasadhteNeenag mens decayed vegetables, sale Of ........s..s0c00e0e defacing buildings........ Sas tia eateatedas SRBOEDOL IY DOUROSA vavsas need cukaevueden Useeae se nas eee tereeeres COR Pee e ee eee Beer ea eeeese Soe e ee eee erocee Pee ee erererarereer disturbing the peace.........s00006 0 Sicigeadetets Gig keke pd vaaanvos oupunn santas CBT ES IWILT DOLL i .cc¥snasieashuesmesbioodatch \cnike au araeQle adona dadnn Wamarew is ak disturbing religions WOLsHIp.. ivecd: segacungs ade eevee anuhdean waa baatngavsean ans tenennean dog fighting... dog, keeping Vicious.......6..-scseeseees eee driving through procession........... riapaseamantiies evento Pee NTE 8 AE SF asaen ah drunkenness AILS PM, POU IME ji sc ssssd oe suehoa ck dots