THE UNIVERSITY OF ILLINOIS LIBRARY ORDINANCES AND CONTRACTS Under Which Tlie Mahonino- \'alley Railway Company The Yuungstown & Sharon Street Railway Company The Yoiin,Q;stown Park & Falls Street Railway Company The Youngstown Consolidated Gas & Electric Company Are Operatin<,r within the CITY OF YOUNGSTOWN, OHIO Compiled by Arrel, Wilson & Harking fon YOUNGSTOWN, Ohio October i, 1908 THE YOUNQSTOWN PRINTING COMPANY 352.7 ) "10^ ^i 09 r n:) APPLICATION OF The Mahoning Valley Railway Company FOR RENEWAL AND EXTENSION OF FRANCHISE 1 1 043728 To the Honorable, the Council of the City of Youngstown, Ohio : Gentlemen: The Mahoning Valley Railway Company, for itself, its successors and assigns, hereby requests your Honor- able body to grant to it, its successors, lessees and assigns, for the period of twenty-five years, extensions and renewals of the rights and privileges granted to it. or its predecessors. The Mahoning Valley Electric Company, The Youngstown Street Railway Company or The Youngstown Street Railroad Com- pany, by various ordinances heretofore enacted by the City of Youngstown. Ohio. on. along and over the following streets, alleys, avenues, roads, ways, places and parts thereof within said City : 1. On West and East Federal Street. From the northwesterly limits of the City of Youngstown ; thence on, along and over West Federal Street to Central Square; thence on. along and over Central Square to East Fed- eral Street ; thence on, along and over East Federal Street, and including the East Federal Street Bridge and the approaches thereto, throughout its entire length. 2. On Wilson Avenue. From the northwesterly end thereof, throughout its en- tire lengtli. to the easterly limits of the City of Youngstown. 3. On Himrod Avenue. From and including Ilimrod Avenue approach to the East Federal Street Bridge, and thence on. along and over Himrod Avenue to Fruit Street. 4. On Fruit Street. From Himrod Avenue to Oak Street. 5. On Oak Street. From Fruit Street to Albert Street. 5 RAILWAY AND LIGHTING ORDINANCES 6. On Albert Street. From Oak Street to the northerly limits of the City of Youngstown. 7. On Cedar Street. From and including the approach from Cedar Street to the East Federal Street Bridge to Poland Avenue. 8. On Poland Avenue. From Cedar Street to the southeasterly Ifmits of the City of YoungstoA^Ti. 9. On Private Right of Way. From a point on Poland Avenue near the end of Cedar Street to Franklin Avenue. 10. On Franklin Avenue. From a point thereon opposite City Lot Number 4374. and thence to Williamson Avenue. 11. On Williamson Avenue. From Franklin Avenue to Market Street. 12. On Market Street. From Williamson Avenue to the Street formerly known as "Bresett" Street. 13. On Street Formerly Known as Bresett Street. From Market Street to Oak Hill Avenue. 14. On Oak Hill Avenue. From the Street formerly known as Bresett Street to Ma- honing Avenue. 15. On West Woodland Avenue. From Oak Hill Avenue to Glenwood Avenue. 16. On Glenwood Avenue. From West Woodland Avenue to Eaton Street. CITY OF YOUNGSTOWN, OHIO 17. On Mahoning Avenue. From the westerly limits of the City of YoungstoAvn; thence easterly on, along and over said street and the so-called ]\Iill Creek Viaduct, to the easterly end of said Avenue. 18. On, along and over the bridge over the Mahoning River at Spring Common, and on, along and over Spring Common, so-called, to West Federal Street. 19. On North Avenue. From West Federal Street to Burke Street. 20. On Burke Street. From North Avenue to Foster Street. 21. On Foster Street. From Burke Street to Bismark Avenue. 22. On Wick Avenue. From Central Square to Wood Street. 23. On V/ood Street. From Wick Avenue to Elm Street. 24. On Elm Street. From Wood Street to Thornton Avenue. 25. On Thornton Avenue. From Elm Street to Wick Avenue Extension. 26. On Wick Avenue Extension. From Thornton Avenue to the Hubbard Road, so-called. 27. On, along and over the East Federal Street Bridge, so- called, throughout its entire length, and on, along and over the various approaches thereto. 28. On Central Square. From Wick Avenue, along the easterly side thereof to East Federal Street, and from Wick Avenue along the westerly side thereof to West Federal Street, and forming with its eonnec- 8 RAILWAY AND LIGHTING ORDINANCES tions the so-called Central Square loop, together with the right to maintain and operate, on, along and over said streets, alleys, avenues, roads, ways, places and parts thereof, its existing street railroad, by single or more tracks, as the same now ex- ists in the City of Youngstown, with all necessary curves, con- nections, turn-outs, cross-overs, Y's, loops, poles, trolley, feed, span and guy wires, and such other ecjuipment, appurtenances, appliances and fixtures as may be necessary for the proper con- struction, operation or maintainence thereof. The Mahoning Valley Kailway Company further requests your Honorable Body to grant to it, its successors, lessees and assigns, the following rights and privileges: First. The right, privilege and franchise to construct, maintain and operate an additional track, on, along and over Wood Street, from the intersection thereof with Wick Avenue to Elm Street, and on. along and over Elm Street northerly from the intersection thereof with Wood Street to the intersec- tion of Park Avenue ; said rights, privileges and franchises to be granted to The Mahoning Valley Eailway Company, its suc- cessors, lessees and assigns, upon the presentation and filing of the necessary consents of the property owners upon said streets. Second. The right, privilege and franchise to construct, maintain and operate an additional track on Elm Street from the intersection of said street with Park Avenue, and thence northerly along Elm Street to the intersection thereof with Broadway; said rights, privileges and franchises to be granted to The Mahoning Valley Kailway Company, its successors and assigns upon the presentation and filing of the necessary con- sents of the property owners along said street. Third. The right, privilege and franchise to construct, maintain and operate an extension of its present West Federal CITY OF YOUNGSTOWN, OHIO 9 Street line from a point on West Federal Street at the intersec- tion of West Rayen Avenue ; thence along West Eayen Avenue, private right of way. Manning Avenue and Crescent Street to Bridge Street, with the right to cease operating cars and remove its tracks on Crescent Street whenever a via- duct is constructed from the lower end of Manning Avenue across the railroad tracks and the ]\Iahoning River, in Avhich event the said Company is to have the right to cross the said viaduct so constructed; said rights, privileges and franchises to be granted to The Mahoning Valley Railway Company, its successors, lessees and assigns upon the presentation and filing of the necessary consents of the property owners along said streets. Fourth. The right, privilege and franchise to extend its Elm Street line from the present terminus thereof on Wick Ave- nue Extension, and thence on. along and over Wick Avenue Extension to tlie northerly limits of the City of Youngstown ; said rights, privileges and franchises to be granted to The Ma- honing Valley Railway Company, its successors, lessees and assigns upon the presentation and filing of the necessary con- sents of the property owners upon said street. Fifth. The right, privilege and franchise to connect its lines with the lines of The Youngstown Park & Falls Street Railway Company at Central Square in the City of Youngs- town. Ohio, by connecting the loop, so-called, of The Youngs- town Park & Falls Street Railway Company with the loop of The Mahoning Valley Railway Company; and also the right, privilege and franchise to connect the tracks of The Mahoning Valley Railway Company on Market Street with the tracks of The Youngstown Park & Falls Street Railway Company. lO RAILWAY AND LIGHTING ORDINANCES Sixth. The right, privilege and franchise to connect the lines of The Mahoning Valley Railway Compan}^ with the lines of The Youngstown & Sharon Street Railway Company at Basin Street in the City of Youngstown, and also at the inter- section of Albert Street and McGuffey Street m the City of Youngstown. As a consideration of the renewals and extensions of the franchises and ordinances above enumerated, and of the right to construct additional tracks, extensions and connections as above enumerated, The Mahoning Valley Railway Company, for itself, its successors and assigns, agrees that it will. First. Surrender all its rights, privileges and franchises within the City of Yoimgstown. Second. Upon the necessary consents being obtained, ex- tend its Elm Street line from the present terminus thereof, on, along and over Wick Avenue Extension to a point opposite the plant of The General Fireproofing Company. Third. Upon the necessary consents being obtained, and the necessary franchise granted, extend its West Federal Street line from a point near the intersection of West Rayen Avenue with West Federal Street; thence on. along and over West Rayen Avenue to a point opposite Manning Avenue; thence on, along and over private right of way to IManning Avenue ; thence on, along and over Crescent Street to Bridge Street, with tlic right to cease operating cars on Crescent Street whenever a viaduct is constructed from the foot of Manning Avenue across the railroad tracks and the ^Mahoning River and the plant of the Carnegie Steel Company, in which event said The Mahon- ing Valley Railway Company, its successors and assigns, is to extend its line over said viaduct. Fourth. That it will carry passengers within the limits of the City of Youngstown as they at present exist, and also to a CITY OF YOUNGSTOWN, OHIO II point opposite the plant of The Yonngstowu Sheet & Tube Com- pany in East Youngstown, so-called, and to a point opposite the plant of The General Fireproofing Company, at the followins? rates of fare : Single fare, five cents. Six tickets for twenty-five cents. Twelve tickets for fifty cents. Twenty-five tickets for one dollar. School children's tickets during the time that school is in session to be sold to school children entitled thereto, thirty- three tickets for one dollar. It being understood and agreed that the above tickets are not sold upon cars, but are to be sold at ticket offices located at Central Square in the City of Youngstown, at the offices of the Compan3^ and at convenient places located throughout the City. Fifth. That it will give transfers. (a) Over all its lines in the City of Youngstown. (b) To a point op])osite the plant of The Youngstown Sheet & Tube Company and the territory intervening- be- tween said point and the limits of the City of Youngstown (c) To a point opjiosite tlic ]i]ant of The General Fire- proofing Company and tlie tei-ritory intervening between said point and the City Tiimits of the City of Youngstown. (d) Over lines of The Yoimgstown Parl\ & Falls Street Railway Company to Idora Park. (e) Over the lines of The Youngstown & Sharon Street Railway Company within the City of Yoimgstown. And that it will accept for transportation over any of its lines within the City of Youngstown. and to a ])()int opposite the plant of The Youngstown Sheet & Tube Company without 12 RAILWAY AND LIGHTING ORDINANCES said City, and to a point opposite the plant of The General Fire- proofing Company without said City, transfers issued by, (a) The Youngstown Park & Falls Street Kailway Company from any point on its lines. (b) The Youngstown & Sharon Street Railway Com- pany from any point on its lines \\Tthin the City of Youngs- town. It being understood that the present rates of fare and transfers shall l)e changed, and the present franchises of this Company surrendered only in the event that the Coimcil of said City shall grant the rights herein requested, and shall further grant to The Youngstown Park & Falls Street Railway Company, its successors and assigns, the rights, privileges and franchises by it requested in its application this day filed, and to The Youngstown & Sharon Street Railway Company, the rights, privileges and franchises requested by it in its applica- tion this day filed. Respectfully submitted, THE ]\IAIIONING VALLEY RAILWAY COMPANY. By M. E. IMcCaskey. General IManager. YoungstoAvn. Ohio. July 20th. 1908. AN ORDINANCE GRANTING TO The Mahoning Valley Railway Company A RENEWAL AND EXTENSION OF ITvS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN Passed in Council August 25TH, 1908 AN ORDINANCE Renewing to The Mahoning Valley Railway Company, for the Term of Twenty-five Years, Its Grants, Rights, Privileges and Franchises to Maintain and Operate Its Tracks and Lines of Street Railway Upon the Streets, Avenues, Ways and Places, and Parts of Streets, Avenues, Ways and Places, Hereinafter Mentioned, in the City of Youngstown, Ohio — Fixing the Terms and Conditions of Such Renewal Grants — Changing the Rate of Fare — Regulating Trans- fers ; and Terminating Existing Grants. PREAMBLE. Whereas, The Mahoning Valley Railway Company is the owner of, and now engaged in operating certain lines of street railroad in the City of Youngstown, Ohio, being the lines here- tofore owned and operated hy it, as well as the lines now owned and operated by it, and heretofore owned and operated by The Youngstown Street Railroad Company, The Youngs- town Street Railway Company, and The Mahoning Valley Elec- tric Railway Company, or either of them. And, Whereas, The rights, privileges and franchises now held by said The Mahoning Valley Railway Company on the streets, avenues, ways and parts thereof, hereinafter mentioned, ex- pire on the third day of June, 1920. And, Whereas, It is the common desire of the City of Youngs- town, and of The Mahoning Valley Railway Company to have said rights, privileges and franchises renewed — its outstanding rights, privileges and franchises surrendered — the rate of fare reduced — the transfer privileges extended and made definite, and the rights of the City as to regulation, both as to service and otherwise, made certain, 15 l6 RAILWAY AND LIGHTING ORDINAN'CES Now, Therefore. Be it Ordained by the Council of the City of Youngstown, Ohio, as follows, towit : TERMS DEFINED. Section 1. That wherever in the following Ordinance the words, "The Mahoning Valley Railway Company." ''The Com- pany," or "Said Company," are used, they shall be held to mean and include The ^Mahoning Valley Railway Company, its successors, lessees and assigns; and wherever in this Ordinance the words "The City" or "Said City" are used, they shall be held to mean and include the City of Youngstown. ROUTES. Section 2. The ]\Iahoning Valley Railway Company is hereb}' granted, upon the conditions hereinafter provided, a renewal for tw^enty-tive years from the date of the passage of this Ordinance, of the right to maintain and operate its exist- ing street railroad by single or more tracks, as the same now exists in the City of Youngstown, with all necessary curves, connections, turn-outs, cross-overs, Y's, loops, poles, trolley- feed span and guy wires, equipment, and other appurtenances, appliances and fixtures upon, along and over the folloAving streets, avenues, and parts thereof, and other public ways and places in the City of Youngstown : 1. On West and East Federal Street. From the north- westerly limits of the City of Youngstown; thence on. along and over West Federal street. Central Square. East Federal street, including the East Federal street bridge, so-called, and the approaches thereto, and including the entire length of West Federal street. Central Square, East Federal street, the East Federal street bridge, and the approaches thereto. 2. Wilson Avenue. From the northwesterly end thereof, throughout its entire length, to the easterly limits of the City of Youngstown. CITY OF YOUNGSTOWN, OHIO 1/ 3. Ilimrod Avenue. From and including the Himrod ave- nue approach to the East Federal street bridge, and thence on, along and over Himrod avenue to Fruit street. 4. Fruit Street. From Himrod avenue to Oak street. 5. Oak Street. From Fruit street to Albert street. 6. Albert Street. From Oak street to the northerly limits of the City of Youngstown. 7. Cedar Street. From and including the approach from Cedar street to the East Federal street bridge, and thence to Poland avenue. 8. Poland Avenue. From Cedar street to the southeaster- ly limits of the City of Youngstown. 9. Private Eight of Way. From Poland avenue to Frank- lin avenue. 10. Franklin Avenue. From a point thereon opposite City Lot No. 4374, and thence to Williamson avenue. 11. Williamson Avenue. From Franklin avenue to Mar- ket street. 12. Market Street. From Williamson avenue to the street formerh^ known as "Bresett street." 13. On street formerly kno-\\Ti as "Bresett street" from Market street to Oak Hill avenue. 14. Oak Hill Avenue. From street formerly kno-\^Ti as '"Bresett .street" to Mahoning avenue. 15. AYest Woodland Avenue. From Oak Hill avenue to Glenwood avenue. 16. Glenwood Avenue. From West Woodland avenue to Eaton street. 17. Mahoning Avenue. From the westerly limits of the City of Youngstown ; thence easterly, on, along and over said street, and the so-called Mill Creek Viaduct to the easterly end of said avenue. l8 RAILWAY AND LIGHTING ORDINANCES 18. On, along and over the bridge over the Mahoning river at "Spring Common" and on, along and over "Spring Common," so-called, to West Federal street. 19. North Avenue. From West Federal street to Burke street. 20. Burke Street. From North avenue to Foster street. 21. Foster Street. From Burke street to Bismarck avenue. 22. Wick Avenue. From Central Square to Wood street. 23. Wood Street. From Wick avenue to Elm street. 24. Elm Street. From AYood street'to Thornton avenue. 25. Thornton Avenue. From Elm street to Wick avenue extension. 26. AVick Avenue Extension. From Thornton avenue to the Hubbard Road, so-called. 27. On, along and over the East Federal street bridge, so- called, throughout its entire length, and on. along and over the various approaches thereto. 28. On. along and over Central Square, from Wick ave- nue along the easterly roadway thereof to East Federal street, and from Wick avenue along the westerly roadway thereof to West Federal street, and forming with its connections the so- called Central Square loop. MOTIVE POWER AND CONSTRUCTION OF TRACKS. Section 3. The motive power for the operation of the Company's Railway shall be electricity, or such other motive power as Council shall, from time to time at the request of the Company, approve. The construction and equipment of the Company's Railway, including tracks, poles, wires, cars and all fixtures, appurtenances and appliances in connection therewith, shall be first-class in every particular, and at all times main- tained in a first-class condition. The tracks hereafter laid in CITY OF YOUNGSTOWN, OHIO I9 paved or unpaved streets, either as new construction, or as re- newal of existing construction, shall with respect to their style of construction, conform to the general ordinances of the City of Youngstown which are now in force or may hereafter be adopted. MAINTENANCE OF POLES AND WIRES. Section 4. The right is hereby given to the Company to maintain its present lines of poles and wires, and to erect and maintain such other lines of poles and wires as may be neces- sary to connect its power houses and its said street railway sys- tem, and wherever any of the routes hereinbefore enumerated, provide for, or include private right of way or property, the Company is granted the right to maintain and operate its tracks on and across any and all intervening streets, and to maintain all poles and wires necessary to such purpose. ADDITIONAL TRACKAGE AND EXTENSION OF LINES. Section 5. The City agrees that it will, upon the presenta- tion and filing of the necessary consents of abutting property owners, grant to the Company the right to construct, maintain and operate the following additional tracks and extensions to lines: (a) An additional track, on, along and over Wood street from the intersection of AVick avenue therewith to the intersection of Elm street therewith. (b) An additional track, on, along and over Elm street from the intersection of Wood street therewith to the intersection of Broadway therewith. (c) An extension of the present Elm street line from its present terminus on Wick avenue extension ; thence on, along and over Wick avenue extension to a point opposite the plant of The General Fireproofing Company. 20 RAILWAY AND LIGHTING ORDINANCES The Company shall, immediately upon the passage of tliis Ordinance, diligently proceed to obtain the necessary consents for said extension, and upon their l)eing ()l)tained, shall immedi- ately apply to Council for the necessary grants of the right to construct and maintain said extension. Upon such grant being made, it shall, within ninety (90) days from the passage there- of, construct and put in operation said extension, unless it is prevented therefrom by litigati i>eriovl ju-ovided in Section 2, herein, the right to cnstruct, maintain and operate the fol- lowing connecting tracks: CITY OF. YOUNGSTOWN^ OHIO 21 (a) The right, privilege and franchise to connect its . lines with the lines of The Youngstown Park & Falls Street Railway Company ui^on Central Square in said City. (b) The right, privilege and franchise to connect its lines with those of The Youngstown Park & Falls Street Railway Company at a i)oint on IMarket street in said City near to Bresett street, so-called. (c) The right, privilege and franchise to connect its tracks with those of The Youngstown & Sharon Street Rail- way Company at Basin street in said City. (d) The right, privilege and franchise to connect its tracks with those of The Youngstown & Sharon Street Rail- way Company at the intersection of Albert street, and Mc- Guffey street, so-called. POV/ERS. Section 7. The Company may transport upon and along its lines, in suitable cars, such material, supplies, appliances and tools as it may need in the construction, maintenance and operation of its railroad. It may carry upon its passenger cars, or upon other cars, mail for the Government of the United States. It may carry packages, and make a reasonable charge therefor. It may operate funeral cars, observation cars, ex- press passenger service, and other special cars, but the trans- portation of material, supplies, api)liances, tools, mail and packages, and tlie operation of funeral cars, observation cars, and other special cars, shall not be permitted to interfere with, or delay the carriage of passengers. PAVEMENT AND REPAIR. Section 8. The Company shall, as to all streets, or parts thereof, including bridges, over which its lines are now or may hereafter be constructed, at its own cost and expense, and at 22 RAILWAY AND LIGHTING ORDINANCES the same time, with the same material, and in the same man- ner as the balance of said street, or part thereof is paved, pave and when necessary repave the space between its rails, the space between its tracks, known as the "devil strip," and one foot upon the outside of its tracks. The Company shall, how- ever, not be required to pave or repave its part of said streets with sheet asphalt, but the City may require it to pave, or when necessary repave, its portion with other material, provided the same is not more expensive than sheet asphalt. The Company shall, as to all paved or unpaved streets, or parts thereof, in- cluding bridges over which its lines now are, or may hereafter be constructed, keep in repair, free from nuisance, and sprinkle between its rails, the space between its tracks, known as the "devil strip," and one foot on the outside of its tracks. In the event that the Company shall fail or refuse to pave, repave when necessary, or repair said space within thirty days after receiving notice so to do from the City, the City Council may make the same, or cause the same to be done, and said City of Youngstown shall collect all the cost and expense thereof from said Company, and the entire amount of such costs and expense shall constitute a lien and charge upon the property and fran- chises of said Company, the same as if levied and assessed, as in the case of other municipal improvements. EQUIPMENT. Section 9. The Company shall, at all times, during the life of this grant, furnish, operate and maintain upon all its lines Avithin the City of Youngstown, a sufficient number of first- class, commodious cars for tlu' accommodation of its patrons. All cars shall be of modern design, and at all times kept and maintained in first-class condition and repair; and, after dark, all cars running shall be lighted and provided with suitable CITY OF YOUNGSTOWN, OHIO 23 route designations and headlights. All cars shall be kept clean, well ventilated and comfortably heated. SERVICE AND REGULATION. Section 10. The City of Youngstown shall, at all times, during the continuance of this grant, have the right to pre- scribe, and The jMahoning Valley Railway Company shall at all times during the continuance of this grant, comply mth and conform to such jreason able rules and regulations as are, or may hereafter be prescribed by the City, by ordinance with respect to, (a) The number, schedules, intervals between and freiiuency of movement of cars. (b) The rate of speed at which cars shall be operated. (c) The equipment of ears. The Company shall, under such regulations, schedules, and at such rates of fare as the Council shall from time to time fix, and not less than the rates provided in Section 12 hereof, oper- ate such night cars between the hours of 12 o'clock midnight and 5 o'clock a. m., as may be reasonably necessary to accom- modate the public. Passengers riding upon such night ears shall not be entitled to demand transfers to other lines unless such transfers were received from a day car. Passengers rid- ing on night cars shall be entitled to transfers to day cars. The JMahoning Valley Railway Company shall, for a period of Three (3) years from and after the passage of this Ordi- nance, maintain not less than the following schedules of cars on its various lines within the City of Youngstown : Elm Street. From 5 a. m. to 11 a. m., ears to be run at not less than 12 minute intervals. From 11 a. m. to 9 p. m., cars to be run at not less than 10 minute intervals. From 9 p. m. to 12 m., cars to be run at not less than 12 minute intervals. 24 RAILWAY AND LIGHTING ORDINANCES Albert Street and North Avenue. Cars to be run at not less than 15 minute intervals. South Side Lines. Cars to be run at not less than 15 min- ute intervals, with extra cars between 4 p. m. and 6 p. m. Mahoning Avenue. Cars to be run at not less than 15 min- ute intervals. Poland Avenue. Cars to be run at not less than 15 min- ute intervals. Public Square to Easterly City Limits — Main Line. From 5 a. m. to 6 :3() a. m., cars to be run at intervals of not less than 5 minutes. From 6:30 a. m. to 3 p. m., cars to be run at in- tervals of not less than 10 minutes. From 3 p. m. to 6 p. m., cars to be run at intervals of not less than T^/o minutes, with extra cars to East Youngstown. From 6 p. m. to 12 m., cars to be run at intervals of not less than 15 minutes. The above service not including the Limited service. Public Square to Calvin Street — Main Line. From 5 a. m. to 6 :30 a. m., cars to be run at not less than 10 minute intervals; 6 :30 a. m. to 3 p. m., cars to be run at intervals of not less than 15 minutes; 3 p. m. to 6 p. m.. cars to be run at intervals of not less than 10 minutes; 6 p. m. to 12 m.. cars to be run at not less than 15 minute intervals. The above service not including the Limited service. Glenwood Avenue. Cars to be operated at not less than 20 minute intervals, except between the hours of 4 and 6 p. m., when cars shall be operated at not less than 15 minute inter- vals. The above schedules to be maintained for the period above named, except in the event of continuous business depression, resulting in substantial losses. CITY OF VOUNGSTOWN, OHIO ?.^ CONDUCTORS AND MOTORMEN— EXERCISE OF CAUTION. Section 11. The conductor in charge of cars, so far as pos- sible, shall not allow any lady or child to enter or leave any car while in motion, and the conductor and motorman shall keep a vigilant watch for all teams, carriages, persons, and obstruc- tions upon or near to the track, and shall give warning and stop the car if necessary, to prevent accident, and the motor- man shall always be upon the front platform while the car is in motion. RATES OF FARE. Section 12. The INIahoning Valley Kailway Company, its successors and assigns, shall be entitled to charge fares wnthin the present corporate limits of the city, including Stop 10, op- posite the plant of The Youngstown Sheet & Tube Company without the City, and including a point opposite the plant of The General Fireproofing Company without the Cit3^ during the term herein provided at the following rates, and no more, to-wit : For a single cash fare, 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. Tlie above tickets shall be sold by the Company upon all ears, and the Company shall accept for transportation over its lines tickets issued by The Youngstown & Sharon Street Rail- way Company and The YoungstoAvn Park & Falls Street Rail- Avay Company. For school children's tickets during the school season, in packages of thirty-three, one dollar. 26 RAILWAY AND LIGHTING ORDINANCES The Company shall have the right to prescribe and enforce reasonable regulations with regard to the use and sale of school children 's tickets. Any child of the age of five years, or under, accompanied by parent or guardian, shall be carried free. TRANSFERS. Section 13. Any passenger demanding a transfer ticket at the time of paying such cash or ticket fare shall be entitled, without additional charge, to transfer from the route on which he shall have paid such fare to any other route of the Company within the City, and to Stop 10 opposite the plant of The Youngstown Sheet & Tube Company without the City, and to a point opposite the plant of The General Fireproofing Company without the City, and such transfers shall entitle such passen- ger to transfer to any point on the line of The Youngstown & Sharon Street Railway Company Avithin the City, or to any point on the line of The Youngstown Park & Falls Street Rail- way Company within the City and to Idora Park on the line of The Youngstown Park & Falls Street Railway Company with- out the City, provided, however, that such passenger shall transfer to the car upon such second route first passing such transfer point upon such second route after the intending pas- senger's arrival thereat, and at the first point of intersection of said routes, or at such other transfer point established by the Company.^ If cars upon two or more routes are operated regu- larly along the same street, persons who are able to reach their destination by one of said routes without transfer to another of said routes, shall board a car upon the route reaching such destination, and shall not be entitled to a transfer thereto from any other route. The Company shall not be required, however, to furnish a round trip ticket for a single fare, or to carry any passenger to any point upon its railway to the vicinity of his CITY OF YOUNGSTOWN. OHIO 2'J starting point for a single fare, and the Company may make such reasonable regulations not inconsistent with the provisions of this Ordinance as may be necessary to prevent the misuse or abuse of transfers. "^The Company shall accept for passage to any point on its lines within the City of Youngstown and to Stop 10 opposite the plant of The Youngstown Sheet & Tube Company without the City of Youngstown, and to a point op- posite the plant of The General Fireproofing Company, without the City of Youngstown, transfers issued to passengers taking passage withhi the City of Youngstown. on the line of The Youngstown & Sharon Street Railway Company, within the City of Youngstown. or to passengers taking passage on the line of The Youngstown Park k Falls Street Railway Company within the City of Youngstown, or to passengers taking pas- sage at Idora Park on the line of The Youngstown Park & Falls Street Railway Company without the City of Youngs- town. In the event that The Youngstown Sheet & Tu])e Conijiany shall construct a bridge from its ]>lant. thence across the Ma- honing river to the Poland avenue line, then and in that event. the ticket and transfer jirivilege herein sot forth shall extend to a point without the city limits on tln^ Poland avoimo line op- posite said proposed bridge. CROSSING OTHER LINES. Section 14. The City reserves to itself the right to grant to any other person or persons. Company or Cor|)oration, oper- ating a street railway within said City, the right and privilege to cross said Company's tracks at grade at any public street crossing; also the right to prescribe the terms and conditions as to such occupation and compensation in the event that such companies should fail to come to such agreement by and be- tween themselves. 28 RAILWAY AND LIGHTING ORDINANCES INDEMNITY. Section 15. Said Company shall at all times defend, keep harmless, and indemnify, the City of Youngstown, from all damages, claims and demands for injury to persons or prop- erty, together with any cost and expense to which said City may be legally subjected, or made liable by any proceedings at law. or in equity, arising from or growing out of the privileges granted in this ordinance or out of the exercise or operation of the same by the Company, provided that said Company shall have reasonable notice of the pendency of such action, and shall, upon receipt of said notice, assume the defense and cost of all such actions. JOINT USE OF TRACKS. Section 16. The City hereby reserves the right and power at any time, during the life of this grant to grant to any other company or corporation engaged in operating an inter-urban street railroad having a trackage of at least eight miles outside of the limits of the City of Youngstown. to jointly use with said. The :\Iahoning Valley Railway Company, any track or part thereof owned or operated by said Company vrhieh may be necessary to enable the cars operated on such inter-urban rail- road to ])ass by the most direct route to and from Central Square within said City. If such right to such joint use be granted by the City, and if fair and reasonable terms, con- ditions and compensation for such joint use cannot be agreed upon by said. The :Mahoning Valley Railway Company and the corporation or company ai)plying for such joint use within sixty days after such grant is made by the City, the terms, con- ditions and compensation under Avhich such joint use shall be enjoyed, shall be submitted to arbitration. One arbitrator shall CITY OF VOUNGSTOWN, OHIO 2g be chosen by The Mahoning Valley Railway Company, one by the corporation or company ai)plying for sneh joint use, and the two so chosen to select a third arbitrator. If sudi arbitra- tors shall fail to agree upon a third arbitrator within sixty days from their appointment, then such third arbitrator shall be appointed by a Judge of the Court of Common Pleas of ^Ma- honing County. Ohio. The decision of the said arbitrators, in the absence of fraud, accident or mistake of law or fact, .shall be conclusive upon both parties. Any grant or traffic arrange- ment made by said, The iNIahoning Valley Railway Company with any other corporation, company or individual to use its tracks, or anv part thereof, shall be subject to all rules and regulations of said City now in force, or which m<\\ hereafter be adopted by said City concerning the rate of speed aiul head- way and the operation, character, lighting and heating of all cars so operated under such grant or traffic arrangement for such joint use. and for the comfort and safety of passengers carried thereon. It being expressly understood and agreed that such joint use shall not be required or permitted if such joint use would sub.stantially interfere with the transportation or carriage of passengers by The Mahoning Valley Railway Company within the City of Youngstown. or substantially interfere with or de- lay the performance l)y The ]\rahoning Valley Railway Com- pany of its public duties as a common carrier of passengers for hire within the limits of the City of Youngstown. or substantial- ly interfere with the discharge of the obligations imposed by this Ordinance; nor shall such other inter-urban railroad com- pany have the right to carry local passengers over the tracks of The Mahoning Vallej^ Railway Company within the City of Youngstown. 30 RAILWAY AND LIGHTING ORDINANCES SPRING COMMON VIADUCT. Section 17. The Mahoning Valley Railway Company, its successors, or assigns, shall, in the event that a viaduct or over- head bridge is constructed over the Mahoning river, the tracks of The Pennsylvania Company, The Baltimore & Ohio Railroad Company and The Erie Railroad Company, at Spring Common, pay, or cause to be paid, to the City of Youngstown, or as it may designate, one-half of the entire cost and expense which may be assessed or borne by the City of Youngstown on ac- count of such proposed construction. In the event that the City's portion is payable in deferred payments, then, and in that event, the Company shall be entitled to likewise defer the payment of its proportionate part, as is hereinbefore provided. Should any other Company be hereafter granted the right to cro.ss said proposed viaduct with its tracks, it shall be required by the City to pay to The Mahoning Valley Railway Company one-third of its contribution to said viaduct. CAR LICENSE. Section 18. The Company shall pay to the City an annual license fee of ten dollars for each ear operated within said City. REGULATION. Section 19. The construction and operation of the street railroads herein authorized, shall be subject to and governed by the general street railroad ordinances now in force, except as the same are herein modified, and future ordinances and regu- lations of the City not inconsi-stent herewith. VIADUCTS. Section 20. AVhen a separation of grades shall bo hereafter determined upon, at any public street and railroad crossing Avithin the City of Youngstowai, upon which crossing the tracks of the Companj^ are now, or may hereafter be constructed, the CITY OF YOUNGSTOWN, OHIO 3I City of Youngstown shall have the power, by ordinance, to re- quire the Company to bear a fair and reasonable proportion of the cost assumed by the City of Youngstown in the making of said improvement, in connection with such grade separation, not exceeding, however, one-half of the portion payable by said City of Youngstown. Said contribution so to be made by the Company to be in full of its proportion to said improvement or improvements. In the event that the City's portion is payable in deferred payments, then, and in that event, the Company shall be en- titled to likewise defer the payment of its proportionate part, as hereinbefore provided. Should any other street railway company be thereafter granted the right to cross said crossing with its tracks, after such separation of grades, it shall be re- quired by the City of Youngstown to repay to The Mahoning Valley Railway Company one-third of its contribution to said improvement. FUTURE EXTENSIONS. Section 21. The Company shall, in the event that the necessary consents and grants are obtained, from time to time, construct, maintain and operate, such extensions from its pres- ent or future lines within the City of Youngstown, as the y>ub- lic convenience and business of the Company may, from time to time, justify and require. FORFEITURE. Section 22. In case of any failure of the Company to do and perform each and every one of the terms and conditions herein stipulated to be performed by it, and such failure shall continue for an unreasonable time after written notice to The Mahoning Valley Railway Company from the Council of said 32 RAILWAY AND LIGHTING ORDINANCES City, of its intention to exact a forfeiture by reason of such failure, the Company shall, upon the passage of an ordinance by two-thirds vote of the Council, declaring such forfeiture, forfeit all and singular all the rights and privileges herein granted, and thereafter all such rights and privileges shall cease and determine and be null and void. The above remedy to be in addition to other remedies pro- vided by law. REPEAL AND TERMINATION OF PRESENT FRANCHISE. Section 23. The acceptance of this Ordinance by the Com- pany in the manner herein provided shall be and constitute a surrender, termination and cancellation of all the grants, and franchises of every kind, character and description, received, acquired or owned by it, or its predecessors, from the City of Youngstown, Ohio, or from any source whatever, to operate street railways within the present limits of the City of Youngs- town. The provisions of any and all ordinances and resolutions and parts of ordinances and resolutions, heretofore passed and adopted by the City Council of said City, which are inconsist- ent with the terms of this Ordinance are here])y repealed and rescinded. ACCEPTANCE. Section 24. The Mahoning Valley Railway Company, for itself, its successors, lessees and assigns, shall, within thirty days from the passage of this Ordinance, file with the City Clerk, its written acceptance of the terms, conditions, cove- nants and provisions hereof, and its agreement to be bound by the terms, conditions, covenants and provisions hereof: which said acceptance shall be in the following form : CITY OF YOUNGSTOWN, OHIO 33 "To the Honorable, the City Council of the City of Youngs- town, Ohio: Gentlemen: The undersigned. The ^Mahoning Valley Rail- way Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions of an Ordinance, entitled, 'An Ordinance Renewing to The Ma- honing Valley Railway Company for the Term of Twenty-five Years, its Grants, Rights, Privileges and Franchises to Main- tain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, "Ways and Places and Parts of Streets. Avenues, Ways and Places Hereinafter Mentioned, in the City of Youngstown, Ohio, Fixing the Terms and Conditions of such Renewal Grants — Changing the Rate of Fare — Regulating Transfers, and Terminating Existing Grants,' and passed in Council on the day of 1908; and said The Mahoning Valley Railway Company, for itself, its successors, lessees and assigns, hereby agrees to he l)ouiid !)>' the terms, conditions, covenants and provisions, and each of them, in said Ordinance contained. THE MAHONING VALLEY RAILWAY COMPANY, (Seal) By Vice President. Attest : Secretary. Dated at Youngstown, Ohio, tlie day of , 1908." RAILWAY AND LIGHTING ORDINANCES TIME OF TAKING EFFECT. Section 25. This Ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance hereof by the Company, in writing, as hereinbefore provided; provided, that the provisions as to the issuance and acceptance of transfers and sale of tickets shall not take eft'ect until thirty days from the date of the passage and publication hereof. Passed in Coimcil this twenty-fifth day of August, A. D. 1908. M. C. HIGGINS, President of Council. Attest:— M. F. Hyland, Clerk. Approved this third day of September. A. D. 1908. A. W. CRAVER, Mayor. ACCEPTANCE OF The Mahoning Valley Railway Company OF AN ORDINANCE RENEWING AND EXTEND- ING ITS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN "To the Honorable, the City Council of the City of Youngs- town, Ohio: Gentlemen: The iindersigued, The Mahoning Valley Rail- way' Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions of an Ordinance, entitled, "An Ordinance Renewing to The* Mahoning Vallej' Railway Company for the Term of Twenty- five Years, its Grants, Rights. Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, Ways and Places and Parts of Streets, Avenues, Ways and Places Hereinafter Mentioned, in the City of YoungstoAvn, Ohio, Fixing the Terms and Condi- tions of such Renewal Grants — Changing the Rate of Fare, — Regulating Transfers, and Terminating Existing Grants," and passed in Council on the 25th day of August, 1908; and said The Mahoning Valley Railway Company, for itself, its succes- sors, lessees and assigns, hereby agrees to be bound by the terms, conditions, covenants and provisions, and each of them, in said Ordinance contained. THE .AI A HONING VALLEY RAILWAY COMPANY, (Seal) By R. Montgomery, Vice President. Attest : S. C. Rogers, Secretary. Dated at Youngstown, Ohio, the 23rd day of September, 1908. 37 APPLICATION OF The Younorstown & Sharon Street Railway Company FOR RENEWAL AND EXTENSION OF FRANCHISES To the Honorable, the Council of the City of Youngstown, Ohio : Gentlemen: The Youngstown & Sharon Street Railway- Company, for itself, its successors, lessees and assigns, hereby requests your Honorable Body to grant to it, its successors, lessees and assigns, for the period of twenty-five years, exten- sions and renewals of the rights, privileges and franchises granted to it or its predecessors in title, by various ordinances heretofore enacted by the City of Youngstown, Ohio, on, along and over the following streets, alleys, avenues, roads, ways, places and parts thereof within said City : 1. Boardman Street. From ]\Iarket Street to Basin Street. 2. Basin Street. From Boardman Street to and across East Federal Street. 3. Private Right of Way. From East Federal Street or Basin Street to the sontliorly end of Andrews Avenue. 4. Andrev/s Avenue. From the southerly end thereof to McGuffey Street. 5. McGuffey Street. From Andrews Avenue to and across the McGuffey Street Viaduct to private right of way. 6. On Private Right of Way. From a point near the end of the I\IcGuffey Street Viaduct to a connection with McGuffey Street. 7. McGuffey Street. From private right of way to the easterly City Limits of Youngstown. Together with the right to maintain and operate on, along and over said streets, alleys, avenues, roads, ways, places and parts thereof, its existing street railway by single or more 41 42 RAILWAY AND LIGHTING ORDINANCES tracks as the same now exists in the City of Youngstowli, with all necessary curves, connections, turn-outs, cross-overs, Y's, loops, trolley-feed-span and guy-wires, and such other equip- ment, appurtenances, appliances and fixtures as may be neces- sary for the proper construction, operation or maintenance thereof. Said, The Youngstown & Sharon Street Railway Company further requests your Honorable Body to grant to it, its suc- cessors, lessees and assigns, the following rights and privileges: First. The right, privilege and franchise to construct, maintain and operate a connection between its tracks from a point near the westerly end of Boardman Street with the tracks of The Youngstown Park & Falls Street Railway Company. Second. The right, privilege and franchise to construct additional switches to and from its lines on Boardman Street opposite its present freight station, to and within said freight station. Third. The right, privilege and franchise to construct, maintain and operate a connection between its tracks from a point where Champion Street intersects Boardman Street, and thence, on, along and over Champion Street to tlie line of The Youngstown & Southern Railway Company. Fourth. The right, privilege and franchise to construct, maintain and operate a connection between its tracks on Basin Street with the tracks of The Mahoning Valley Raihvay Com- pany. Fifth. The right, privilege and franchise to construct, maintain and operate a connection betw'een its tracks where the same cross Albert Street with the tracks of The .Mahoning Valley Railway Company upon Albert Street. The Youngstown & Sharon Street Railway Company further requests your Honorable Body to so modify the exist- CITY OF YOUNGSTOWN. OHIO 43 ing rates of fare which it is entitled to charge within the City of YoungstoA\ai. as that such rates of fare which it shall be en- titled to charge shall be as follows: Single cash fare five cents. Tickets in jicickages of six. twenty-five cents. Tickets in packages of twelve, fifty cents. Tickets in packages of twenty-five, one dollar. School children's tickets during the school season, tickets in packages of 33. one dollar. As a consideration of the renewals and extensions of the franchises and ordinances above enumerated, and of the right to construct additional tracks and connections, and the modifi- cation of its rates of fare as above enumerated. Tlic Youngs- town & Sharon Street Railway Company for itself, its succes- sors and assigns, agrees that it will : First. Connect its lines with the lines of The Youiigstown Park & Falls Street Railway Company at Market Street; its lines with the lines of The i\Iahoning Valley Railway Company at Basin Street; its lines with the lines of The Mahoning Val- ley Railway Company at Albert Street, so that inter-m.oveinent and inter-routing of cars from and between the lines of The Youngstowii & Sharon Street Railway Company and The Ma- honing Valley Railway Company and The YoungstoAvn Park & Falls Street Railway Company shall lie made possible. Secor?d. That it will carry passengers wilhin the limits of the City of Youngstown as they at present exist at the follow- ing rates of fare: Single cash fare, five cents. Six tickets for twenty-five cents. Twelve tickets for fifty cents. Tv.^entv-five tickets for one dollar. 44 RAILWAY AND LIGHTING ORDINANCES School children's tickets during the time that school is in session to be sold to school children entitled thereto, 33 tickets for one dollar. It being understood and agreed that the above tickets are not to be sold upon cars, but are to be sold at ticket offices lo- cated at Central Square in the City of Youngstown. at the gen- eral offices of the Company, and at convenient places to be established throughout the City of Youngstown. Third. That it will give to passengers taking passage on its cars within the City of Youngstown. transfers entitling such passengers to ride. (a) To any point upon the lines of The Mahoning Valley Railway Company within the City of Youngstown, to a point opposite the plant of The Youngstown Sheet & Tube Company, and a point opposite the plant of The Gen- eral Fireproofing Company, and the territory intervening between said points and the City Limits of YoungstoAvn without the City of Youngstow^n. (b) To all points on the line of The YoungstoAvm Pai:k & Falls Street Raihvay Company within the City of Youngstown. ;ind to Idora Park on the line of said rail- way-without the City of Youngstown. and the territory intervening between said Idora Park and the City Limits of YoungstoA^Ti. Fourth. That it will accept for transportation to any part of its line Avithin the City of Youngstown. transfers issued by (a) The ]\Iahoning Valley Raihvay Company to pas- sengers taking passage at any point within the City of YoungstoAvn from a point opi)osite the plant of The Youngstown Sheet & Tube Company without the City of Youngstown and a point opposite the plant of The General Fireproofing Company without the City of Youngsto-wn CITY OF YOUNGSTOWN, OHIO 45 and the territory intervening between said points and the City Limits of Yonngstown. (b) The Youngstown Park & Falls Street Railway Company to passengers taking passage over any i)oint on its lines within the City of Youngstown. at Idora Park without the City of Youngstown. and at all points between Idora Park, and the City Limits of Youngstown. It being understood that the present rates and transfers shall be changed and the present franchises of this company surrendered only in the event that the Council of said City shall grant the rights herein requested, and shall further grant to The Youngstown Park & Palls Street Railway Company, its successors and assigns, the rights, privileges and franchises re- quested l)y it in its application this day tiled, and shall also grant to The Mahoning Valley Railway Company, its successors and assigns, the rights, privileges and franchises recpiested by it in its application this day filed. Respectfully submitted. THE YOUNGSTOWN & SHARON STREET RAITAYAY CO:\IPANY, By M. E. McCaskey, Gen. Mgr. Youngstown. Ohio. Julv 20. 1908. AN ORDINANCE GRANTING TO The Youngstown & Sharon Street RaiKvay Company AN EXTENSION OF ITS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN PaSvSEd in Council August 25, 1908 AN ORDINANCE, Renewing to The Youngstown & Sharon Street Railway Com- pany, for the Term of Twenty-five Years, its Grants, Rights, Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, Ways and Places, and Parts of Streets, Avenues, Ways and Places, Hereinafter Mentioned, in the City of Youngstown, Ohio — Fixing the Terms and Conditions of Such Renewal Grants — Changing the Rate of Fare — Regu- lating Transfers; and Terminating Existing Grants. PREAMBLE. Whereas, The Youngstown & Sharon Street Kailway Com- pany is the owner of, and now engaged in operating certain lines of street railroad in the City of Youngstown, Ohio, and Whereas, Under the franchises, which said The Youngs- town & Sharon Street Eailway Company is now operating its lines within said City, it is entitled to charge the following rates of fare : Single fare, five cents. Six tickets for twenty-five cents. Thirteen tickets for fifty cents. Twenty-seven tickets for one dollar; and said franchises expire on the 1st day of Jul.y, 1025; and Whereas, The Youngstown & Sharon Street Railway Com- pany has made its certain written proposition to the Council of the City of Youngstown. Ohio, in which it proposes that if the council of Youngstown will extend and renew its franchises so that the same will expire in twenty-five years from the pas- sage of a proper ordinance therefor; and Avill further grant it the right to make certain connections, and construct certain additional tracks therein specified ; and will further modify the 49 50 RAILWAY AND LIGHTING ORDINANCES rate of fare which it is at present entitled to charge for the carriage of passengers, that it. The Youngstown & Sharon Street Raihvay Company, in consideration thereof, would con- nect its lines in the City of Youngstown with the lines of The Mahoning Valley Railway Companj'^ and The Youngstown Park & Falls Street Railway Company in such a way as to permit the inter-movement and inter-routing of cars, and will further give to passengers taking passage on its ears within the City of Youngstown, transfers entitling such passengers to ride over any part of the lines of The Mahoning Valley Railway Com- pany, Avithin the City of Youngstown and also to a point op- posite the plant of The Youngstown Sheet & Tube Company, and to a point opposite the plant of The General Fireproofing Company without the City of Youngstown, and transfers en- titling such passengers to ride to any point on the lines of The Youngstown Park & Falls Street Railway Compan.y within the City of Youngstown, and also to a point known as "Idora Park" on the line of The Youngstown Park & Falls Street Rail- way Company without the City of Youngstown ; and would further accept and honor for transportation over its lines with- in the City of Youngstown, transfers issued by The Youngs- town Park & Falls Street Railway Company to passengers tak- ing passage on its cars at any point within the City of Youngs- town, and from Idora Park Avithout the City YoungstoAvn ; and would further accept and honor transportation over any part of its line in the City of Youngstown, transfers issued hy The ]\Iahoning Valley Railway Company to passengers taking pass- age at any point on its lines Avithin the City of YoungstoAvn and also from a point opposite the plant of The YoungstoA\'n Sheet & Tube Company and a point opposite the plant of The General Fireproofing Company Avithout the City of Youngs- town. And CITY OF YOUNGSTOVVN, OHIO Whereas, The Council of the City of Youngstown deems that it would be conducive to the best interests of the City of YoungstoAvn, and to the citizens thereof, to accept said proposi- tion. Now, Therefore, Be it ordained by the Council of the City of Youngstown, State of Ohio, as follows, to-wit: TERMS DEFINED. Section 1. That wherever in the following ordinance the words '"The Youngstown & Sharon Street Railway Company," "The Company." or "Said Companj^" are used, they shall be held to mean and include "The Youngstown & Sharon Street Railway Company," its successors, lessees and assigns; and whenever in this Ordinance the words "The City," or "Said City," are used, they shall l)e held to mean and include "The City of Youngstown." ROUTES. Section 2. The Youngstown & Sharon Street Railway Company is hereby granted, upon the conditions hereinafter provided, a renewal and extension for the period of twenty-five years from the date of the passage of this Ordinance, of the right to nuiintain and operate its existing street railroad by single or more tracks, as the same now exists in the City of Youngstown. witli all necessary curves, connections, turn-outs, cross-overs. Y's. loops, poles, trolley-feed span and guy-wires, equipment, and other appliances, appurtenances and fixtures upon, along and over the following streets, avenues, and parts thereof, and other public ways and places in the City of Youngstown. 1. Boardman Street. From Market street to Basin street. 2. Basin Street. From Boardman street to and acro.ss East Federal street. 52 RAILWAY AND LIGHTING GUDIXAXCES 3. Private Right of Way. From East Federal street or Basin street to the southerly end of Andrews avenue. 4. Andrews Avenue. From the southerly end thereof to MeG-uffey street. 5. MeGuffey Street. From Andrews avenue to and across the ]\IcGuffev street viaduct to Private Risrht of Wav. 6. On Private Right of AVay. From a point near the end of the AIcGuffey street viaduct to a connection with AIcGuffey street. 7. :McGuffey Street. From Private Right of Way to the easterly City Limits of Youngstown. MOTIVE POV/ER AND CONSTRUCTION OF TRACKS. Section 3. The motive power for the operation of the Company's Railway shall be electricity, or such other motive power as Council shall, from time to time at the rciiucst of the Company. approA^e. The construction and equipment of the Company's Railway, including tracks, poles, wires, cars and all fixtures, appurtenances and appliances in coniKM-tion there- with, shall be first-class in every particular, and at all times maintained in a first-class conditif^i. The tracks hereafter laid in paved or unpaved streets, either as new constrnction. or as renewal of existing construction, shall with respect to their style of construction, conform to the general ordinances of the City of Youngstown which are now in force or may hereafter be adopted. MAINTENANCE OF POLES AND WIRES. Section 4. The right is hereby given to the Company to maintain its present lines of poles and wires, and to erect and maintain such other lines of poles and wires as may be neces- sary to connect its power houses and its saitl street railway system, and wherever any of the routes hereinbefore enumer- CITY OF YOUNGSTOWN, OHIO 53 ated, provide for, or include private right of way or property, the Company is granted the right to maintain and operate its tracks on and across any and all intervening streets, and to maintain all poles and wires necessary to such purpose. CONNECTING TRACKS. Section 5. Said Company is hereby granted upon the con- ditions herein provided, and for the period provided in Section 2, herein, the right to construct, maintain and operate the fol- lowing connecting tracks: . (a) The right, privilege and franchise to construct, maintain and operate a connection between its tracks from a point near the westerly end of Boardman street with the tracks of The Youngstown Park & Falls Street Railway Company. (b) The right, privilege and franchise to construct additional switches to and from its lines on Boardman street opposite its present freight station to and within said freight station. (c) The right, privilege and franchise to construct, maintain and operate a connection l)etween its tracks on Basin street with the tracks of The Mahoning Valley Rail- way Company. (d) The right, privilege and franchise ti) construct, maintain and operate a connection between its tracks where the same cross Albert street with the tracks of The Mahoning Valley Railway Company upon Albert street. POWERS. Section 6. Tlie Company may transport upon and along its lines, in suitable cars, such material, supplies, appliances and tools as it may need in the construction, maintenance and operation of its railroad. It may carry upon its passenger cars, 54 RAILWAY AND LIGHTING ORDINANCES or upon other cars, mail for the Government of the United States. It may carry packages and make a reasonable charge therefor. It may operate funeral cars, observation cars, express passenger service, and other special cars, but the transportation of material, supplies, appliances, tools, mail and packages, and the operation of funeral ears, observation cars, and other spe- cial cars, shall not be permitted to interfere with, or delay the carriage of passengers. PAVEMENT AND REPAIR. Section 7. The Company shall, as to all streets, or parts thereof, including bridges, over which its lines are now or may hereafter be constructed, at its own cost and expense, and at the same time, with the same material, and in the same manner as the balance of said street, or part thereof is paved, pave and when necessary repave the space between its rails, the space between its tracks, knoAvn as the "devil strip." and one foot upon the outside of its tracks. The Company shall, however, not be required to pave or repave its part of said streets with sheet asphalt, but the City may require it to pave, or when necessary repave, its portion with other material, jVi-ovided the same is not more expensive than sheet asphalt. The Company shall, as to all paved or luipaved streets, or parts thereof, in- cluding bridges over which its lines now are, or may hereafter be constructed, keep in repair, free from nuisance, and sprinkle between its rails, the space between its tracks, known as the "devil strip." and one foot on the outside of its tracks. In the event that the Company shall fail or refuse to pave, repave when necessary, or repair said space within thirty days after receiving notice so to do from the City, the City Council may make the same, or cause the same to be done, and said City of Youngstown shall collect all the cost and expense thereof from CITY OF VOUNGSTOWK, OHIO 55 said Company, and the entire amount of such costs and ex- pense shall constitute a lien and charge upon the property and franchises of said Company the same as if levied and assessed, as in the case of other municipal improvements. EQUIPMENT. Section 8. The Company shall, at all times, during the life of this grant, furnish, operate and maintain upon all its lines within the City of Youugstown, a sufficient number of first-class, commodious cars for the accommodation of its patrons. All cars shall be of modern design, and at all times kept and maintained in first-class condition and repair; and, after dark, all cars running shall be lighted and provided with suitable route designations ;iii(l lieadlights. All cars sliall be kept clean, well ventilated and comfortably heated. SERVICE AND REGULATION. Section 9. The City of Youngstown shall, at all times, during the continuance of this grant, have the right to i:)re- scribe, and The Youngstown & Sharon Street Railway Com- pany shall at all times during the continuance of this grant, comply with and conform to such reasonable rules and regula- tions as are, or may hereafter be prescribed by the City, by ordinance Avith respect to, (a) The number, schedules, intervals between and frequency of movement of cars. (b) The rate of speed at Avhich cars shall he oper- ated. (c) The equipment of cars. The Company shall, under such regulations, schedules, and at such rates of fare as the Council shall from time to time fix, and not less than the rates provided in Section 1 1 hereof, oper- ate such night cars between tiie hours of 12 o'clock midnight 56 RAILWAY AND LIGHTING ORDINANCES and 5 o'clock a. m., as may be reasonabl}' necessary to accom- modate the public. Passengers riding upon such night cars shall not be entitled to demand transfers to other lines unless such transfers were received from a day car. Passengers rid- ing on night cars shall be entitled to transfers to day cars. CONDUCTORS AND MOTERMEN— EXERCISE OF CAUTION. Section 10. The conductor in charge of cars, so far as pos- sible, shall not allow any lady or child to enter or leave any car while in motion, and the conductor and motorman shall keep a vigilant watch for all teams, carriages, persons, and obstruc- tions upon or near to the track, and shall give warning and stop the car if necessary, to prevent accident, and the motor- man shall always be upon the front platform while the car is in motion. RATES OF FARE. Section 11. The Youngstown & Sharon Street Railway Company, its successors and assigns, shall be entitled to charge fares, within the present coi*porate limits of the City, during the term herein provided, at the following rates, and no more, to- wit : For a single cash fare, 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. The above tickets shall lie sold by the Company upon all ears, and tickets issued by The Mahoning Valley Railway Com- pany and by The Park & Falls Street Railway Company shall be accepted for transportation over the lines of this Company. For school children's tickets during the school season, in packages of thirty-three, one dollar. CITY OF YOUNGSTOWN, OHIO 57 The Company shall have the right to prescribe and en- force reasonable regulations with regard to the use and sale of school children's tickets. Any child of the age of five years, or under, accompanied by parent or guardian, shall be carried free. TRANSFERS. Section 12. An}- passenger demanding a transfer ticket at the time of paying such cash or ticket fare shall be entitled, without additional charge, to transfer from the route on which he shall have paid such fare to any other route of the Company within the City, and such transfers shall entitle such passenger to transfer to any point on the lines of The Mahoning Valley Eailway Company within the City, or to a point on the line of The jMahoning Valley Railway Companj^ opposite The Youngs- town Sheet & Tube Company without the City, or to a point op- posite the plant of The General Fireproofing Company on the line of The Mahoning Valley Railway Company without the City; and also to transfer to any point on the line of The Youngstown Park & Falls Street Railway Company within the City of Youngstown. and to Idora Park on the line of The Youngstown l*ark & Falls Street Railway Company, without the City of Youngstown. Provided, however, that such passen- gers shall transfer to the car upon such second route first pass- ing such transfer point upon such second route after the in- tending passenger's arrival thereat, and at the first point of intersection of said routes, or at such other transfer point established by the Company. If cars upon two or more routes are operated regularly along the same street persons who are able to reach their destination by one of said routes without transfer to another of said routes, shall board a car upon the route reaching such destination, and shall not be entitled to a transfer thereto from any other route. The Company shall not 58 RAILWAY AND LIGHTING ORDINANCES be required, however, to furnish a round trip ticket for a single fare, or to carry any passenger to an}^ point upon its railway to the vicinity of his starting point for a single fare, and the Company may make such reasonable regulations not inconsist- ent with the provisions of this Ordinance as may be necessary to prevent the misuse or abuse of transfers. The Company shall accept for passage to any point on its lines within the City of Youngstown transfers issued to passengers taking passage at any point on the lines of The Mahoning Valley Railway Com- pany within the City of Youngstown, or from a point opposite the plant of The Youngstown Sheet & Tube Company, or a point opposite the plant of The General Fireproofing Company on the line of The IMahoning Valley Eailway Company without the City of Youngstown, and shall also accept for transporta- tion over its lines within the City of Youngstown transfers is- sued by The Youngstown Park & Falls Street Railway Com- pany to passengers taking passage on its line within the City of Youngstown, or to passengers taking passage at Idora Park on the line of The Youngstown Park & Falls Street Railway Company without the City of Youngstown. CROSSING OTHER LINES. Section 13. The City reserves to itself the right to grant to any other person or persons. Company or Corporation, oper- ating a street railway within said City, the right and privilege to cross said Company's tracks at grade at any public street crossing; also the right to prescribe the terms and conditions as to such occupation and compensation in the event that such companies should fail to come to such agreement by and be- tween themselves. INDEMNITY. Section 14. Said Company shall at all times defend, keep harmless, and indemnify, the City of Youngstown, from CITY OF YOUNGSTOWN, OHIO 59 all damages, claims and demands for injury to persons or prop- erty, together with any cost and expense to which said City may be legally subjected, or made liable by any proceedings at law, or in equity, arising from or growing out of the privileges granted in this Ordinance or out of the exercise or operation of the same by the Company, provided that said Company shall have reasonable notice of the pendency of such action, and shall, upon receipt of said notice, assume the defense and cost of all such actions. CAR LICENSE. Section 15. The Company shall pay to the city an annual license fee of ten dollars for each ear operated within said City. REGULATION. Section 16. The construction and operation of the street railroads herein authorized, shall be subject to and governed by the general street railroad ordinances now in force, except as the same are herein modified, and future ordinances and regulations of the City not inconsistent herewith. JOINT USE OF TRACKS. Section 17. The City hereby reserves the right and poAver at any time, during the life of this grant, to grant to any other company or forporation engaged in operating an tnter-ur})an street railroad having a trackage of at least eight miles outside of the limits of the City of Youngstown, to jointly use with said. The Youngstown & Sharon Street Railway Company, any track or part thereof owned or operated by said Comjiany which may be necessary to enable the cars operated on such inter-urban railroad to pass l)y the most direct route to and from Central Square within said City. If such right to such joint use be granted by the City, and if fair and reasonable terms, conditions and compensation for such j)int u.se cannot 6o RAILWAY AND LIGHTING ORDINANCES be agreed upon by said The Youngstown & Sharon Street Rail- way Company and the corporation or company applying for such joint use within sixty days after such grant is made by the City, the terms, conditions and compensation under which such joint use shall be enjoyed, shall be submitted to arbitra- tion. One arbitrator shall be chosen by The Youngstown & Sharon Street Railway Company, one by the corporation or company applying for such joint use, and the two so chosen to select a third arbitrator. If such arbitrators shall fail to agree upon a third arbitrator within sixtj^ days from their ap- pointment, then such third arbitrator shall be appointed by a Judge of the Court of Common Pleas of Mahoning County, Ohio. The decision of said arbitrators, in the absence of fraud, accident or mistake of law or fact, shall be conclusive upon both parties. Any grant or traffic arrangement made by said The Youngstown & Sharon Street Railway Company with any other corporation, company or individual to use its tracks, or any part thereof, shall be subject to all rules and regulations of said City iu)w in force, or which may hereafter be adopted by said City concerning the rate of speed and headway and the operation, character, lighting and licating of all cars so oper- ated under such grant or traffic arrangement for such joint use, and for the comfort and safety of passengers carried thereon. it being expressly understood and agreed that such joint use shall not be required or permitted if such joint use would substantially interfere w^ith the transportation or carriage of passengers by The Youngstown & Sharon Street Railway Com- pany within the City of Youngstown, or substantially interfere with or delay the performance by The Youngstown & Sharon Street Railway Company of its public duties as a common car- rier of passengers for hire within the limits of the City of Youngstown, or substantially interfere with the discharge of CITY OF YOUNGSTOWN, OHIO 6 1 the obligations imposed by this Ordinance; nor shall such other inter-urban railroad company have the right to carry local pas- sengers over the tracks of The Youngstown & Kharon Street Railway Company within the City of Youngstown. VIADUCTS. Section 18. When a separation of grades shall be hereafter determined upon, at any i)nblic street and railroad crossing within the City of Young.stown. upou which crossing the tracks of the Company are ncnv. or may hereafter be constructed, the City of Youngstown shall have the power. l)y ordinance, to re- quire the Company to bear a fair and reasonable proportion of the cost assumed by the City of Youngstown in the making of said improvement, in connection with such grade separation, not exceeding, however, one-half of the portion payable by said City of Youngstown. Said contribution so to l)e made by the Company to be in full of its j^roportion to said improvement or improvements. . In the event that the City's portion is payable in deferred payments, then, and in that event, the Company shall l)e en- titled to likewise defer the payment of its proportionate part, as hereinbefore provided. Should any other street railway company be thereafter granted the right to cross said crossing with its tracks, after such separation of grades, it shall be re- quired by the City of Youngstown to repay to The Youngstown & Sharon Street Raihvay Company one-third of its contribution to said improvement. FUTURE EXTENSIONS. Section 19. The Company shall, in the event that the neces- sary consents and grants are obtained, from time to time, con- struct, maintain and operate, such extensions from its present 62 RAILWAY AND LIGHTING ORDINANCES or future lines within the City of Yonngstown, as the public convenience and business of the Company may, from time to time, justify and require. FORFEITURE. Section 20. In case of any failure of the Company to do and perform each and every one of the terms and conditions herein stipulated to be performed by it, and such failure shall continue for an unreasonable time after written notice to The Yomigstown & Sharon Street Railway Company from the Council of said City, of its intention to exact a forfeiture by reason of such failure, the Company shall, upon the passage of an ordinance by two-thirds vote of the Council, declaring such forfeiture, forfeit all and singular all the rights and privileges herein granted, and thereafter all such rights and privileges shall cease and determine and be null and void. The above remedy to be in addition to other remedies pro- vided by law. REPEAL AND TEEMINATION OF PRESENT FRANCHISES Section 21. The acceptance of this Ordinance by the Com- pany in the manner herein provided shall be and consititute a surrender, termination and cancellation of all the grants, and franchises of every kind, character and description, received, acquired or owned by it, or its predecessors, from the City of Youngstown, Ohio, to operate street railways within the pres- ent limits of the City of Youngstown. The provisions of any and all ordinances and resolutions and parts of ordinances and resolutions, heretofore passed and adopted by the City Council of said City, which are inconsist- ent Avith the terms of this Ordinance are hereby repealed and recinded. CITY OF YOUNGSTOWN, OHIO 63 ACCEPTANCE. Section 22. The Youngstown & Sharon Street Railway Company, for itself, its successors, lessees and assigns, shall, within thirty days from the passage of this Ordinance, file with the City Clerk its written acceptance of the terms, conditions, covenants and provisions hereof, and its agreement to be bound by the terms, conditions, covenants and provisions hereof; which said acceptance shall be in the following form; "To the Honorable, the City Council of the City of Youngs- town, Ohio: Gentlemen: The undersigned. The Youngstown & Sharon Street Railway Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions of an Ordinance, entitled, 'An Ordinance Renewing to The Youngstown & Sharon Street Railway Company for the Term of Twenty-five Years, its Grants, Rights, Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, Waj^s and Places and Parts of Streets, Avenues, Ways and Places Hereinafter Mentioned, in the City of Youngstown, Ohio, Fixing the Terms and Conditions of such Renewal Grants — Changing the Rate of Fare — Regulating Transfers, and Terminating Existing Grants,' and passed in Council on the day of , 1908 ; and said The Youngs- town & Sharon Street Railway Company, for itself, its suc- cessors, lessees and assigns, hereby agrees to be bound by the terms, conditions, covenants and provisions, and each of them, in said Ordinance contained. 64 RAILWAY AND LIGHTING ORDINANCES THE YOUNGSTOWN & SHAJJON STREET RAILWAY COMPANY, (Seal) By Vice President. Attest : Secretary. Dated at Youngstown, Ohio, the day of , 1908." TIME OF TAKING EFFECT. Section 23. This Ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance hereof by the Company, in writing, as hereinbefore provided ; provided that the provisions as to the issuance and acceptance of transfers and sale of tickets shall not take effect imtil thirty days from the date of the passage and publication hereof. Passed in Council this twenty-fifth day of August, A. D. 1908. M. C. IITGGINS. President of Council. Attest:— M. F. Hyland, Clerk. Approved this third daj^ of September, A. D. 1908. A. W. CRAVER. Mavor. ACCEPTANCE OF The Youngstown & Sharon Street Raihvay Company OF AN ORDINANCE RENEWING AND EXTEND- ING ITS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN "To the Honorable, the City Council of the City of Youngs- town, Ohio: Gentlemen: The undersigned, The Youngstown & Sharon Street Railway Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions of an Ordinance, entitled, "An Ordinance Renewing to The Youngstown & Sharon Street Railway Company for the Term of Twenty-five Years, its Grants, Rights, Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, Ways and Places and Parts of Streets, Avenues, Ways and Places Hereinafter Mentioned, in the City of Youngstown, Ohio, Fixing the Terms and Conditions of Such Renewal Grants — Changing the Rate of Fare — Regulating Transfers and Terminating Existing Grants," and passed in Council on the 25th day of August, 1908; and said The Youngstown & Sharon Street Railway Com- pany, for itself, its successors, lessees and assigns, hereby agrees to be bound l)y the terms, conditions, covenants and provisions, and each of them, in said Ordinance contained. THE YOUNGSTOWN & SHARON STREET RAILWAY COMPANY, (Seal) By R. Montgomery, Vice President. Attest: — S. C. Rogers, Secretar3\ Dated at Youngstown, Ohio, the 23rd day of September, 1908. APPLICATION OF The Youngstown Park & Falls Street Railway Company FOR RENEWAL' AND EXTENSION OF FRANCHISES Yoiingstown. Ohio, July 20, 1908. "To the Honorable, the Council of the City of Youngstown, Ohio : Gentlemen: The undersigned. The Yomigstown Park & Falls Street Railway Company, hereby requests youi- Honor- able body to grant to it, its successors, lessees and assigns, for the period of twenty-five years, extensions and renewals of the rights and privileges granted to it by various ordinances here- tofore enacted by the City of Youngstown. Ohio, on, along and over the following streets, alleys, avenues, roads, ways, places and parts thereof within said City : 1. Hillman Street. From the intersection of the City Limits of the City of Youngstown thercAvith to AVarren Avenue. 2. Warren Avenue. From Hillman Street to Market Street. 3. Market Street. From Warren Avenue to Central Square, including the ]\[arket Street Viaduct, so-called, and the Central Scpiare loop, so-called. Together with the right to maintain and operate on, along and over said streets, alleys, avenues, roads, ways and places and parts thereof, its existing street railroad, by single or more tracks as the same now exists in the City of Youngstown, with all necessary curves, connections, tui-n-outs, cross-overs, Y's, loops, poles, trolley-feed span and guy-wires, and such other equipment, appurtenances, appliances and fixtures as may be necessary for the proper construction, operation or mainten- ance thereof. Said, The Youngstown Park & Falls Street Railway Com- pany, further requests your Honorable body, to grant to it, its 71 ^2 RAILWAY AND LIGHTING ORDINANCES successors, lessees and assigns, the following rights and privi- leges : First. The right and franchise to construct, maintain and operate a connection between its tracks on Market Street near the street formerly known as ''Bresett Street" with the tracks of The Mahoning Valley Railway Company. Second. A connection between its tracks on Market Street near Boardman Street with the tracks of The Youngstown & Sharon Street Railway Company. Third. A connection between its tracks on Market Street near Front Street with the tracks of The Youngstown & South- ern Street Railway Company! Fourth. The right, privilege and franchise to construct, maintain and operate an additional track, on, along and over Market Street from the intersection of Warren Avenue there- with, and thence to the end of the present double track near Central Square and including also the Market Street Viaduct, so-called ; said rights, privileges and franchises to be granted to the said Company upon the presentation and filing by it of the necessary consents of the owners of property abutting on said street. Fifth. The right, privilege and franchise to construct, maintain and operate an extension of its present line on ]Mar- ket Street where the same is intersected by West Woodland Avenue; thence on. along and over West Woodland Avenue to Hillman Street; thence on. along and over Hillman Street to Warren Avenue to a connection with its present lines on War- ren Avenue, said rights, privileges and franchises to be granted upon the presentation and filing ])y it of the necessary consents of the owners of property abutting on said streets. Sixth. The right, privilege and franchise to construct, maintain and operate an extension of its present line on Market CITY OF YOUNGSTOWN, OHIO 73 Street, from a point where East Woodland Avenue intersects said street; thence on, along and over East Woodland Avenue to South Avenue; thence on, along and over South Avenue to a point opposite Warren Avenue; and thence over private right of way to Warren Avenue ; said rights, privileges and fran- chises to be granted upon tlie presentation and filing by it of the necessary consents of the owners of property abutting on said streets. Said, The Youngstown Park & Falls Street Railway Com- pany further requests your Honorable body to terminate the present franchises now existing between the City of Youngs- town and said Company and under which it is now operating its lines within said City, and to modify the rates of fare which this Company is now permitted to charge on its lines under said franchises. As a consideration of the renewals and extensions of the franchises and ordinances above enumerated and of the right to construct additional tracks, extensions and connections as above enumerated, and of the right to modify its rates of fare above enumerated. The Youngstown Park & Falls Street Rail- way Company, for itself, its siu'cessors. lessees and assigns agrees that it will. First. Upon the necessary consents being obtained, con- struct, maintain and operate an additional track, upon, along and over IMarket Street, from the intersection of Warren Ave- nue therewith to the end of the present double track near Cen- tral Square and including the IMarket Street Viaduct, so-called. Second. That it will carry passengers within the limits of the City of Youngstown, as they at present exist, niid also to Idora Park without the limits of the City of Youngstown, and to points intervening between the limits of the City of Youngs- town and Idora Park, at the following rates of fare : 74 RAILWAY AND LIGHTING ORDINANCES Single fare, five cents. Six tickets for twenty-five cents. Twelve tickets for fifty cents. Twenty-five tickets for one dollar. School children's tickets during the time that school is in session to be sold to children entitled thereto, thirty-three tick- ets for one dollar. Children under the age of five years ac- companied by parent or guardian to be carried free. It l)eing understood and agreed that the above tickets are not to be sold upon cars, but are to be sold at ticket offices located at Central Square in the City of Yaungstown, at the offices of the Com- pany, and at convenient places to be located within the City of Youngstown. Third. That it will give transfers. (a) Over all its lines in the City of Youngstown, and to Idora Park without the City of Youngstown, and to all points intervening l)etween the limits of the City of Youngstown and Idora Park. (b) Over the lines of The ]\Iah{)nii]g Valley Ivailway Company to any point v\'ithin the City of Young-stown. and also to a point opposite the plant of The Youngstown Sheet & Tube Company without the City of Youngstown. and to a point opposite the plant of The General Fireproofing Company without the City of Youngstown, Ohio. (c) To any point on the lines of The YoungstoAvn & Sharon Street Raihvay witliin the City of Youngstown. Fourth. That it will accept for transportation over any part of its lines within tln^ City of YoungstoAvn and the terri- tory intervening between said Park and the City Limits of Youngstown, transfers issued by. (a) The ^lahoning Valley Railway Company to passen- gers taking passage at any imint on its lines within the CITY OK VOUNGSTOVVN, OHIO 75 City of Youngstown and from a point opposite the plant of The General Fireproofing Company without the City of Youngstown. (b) The Youngstown & Sharon Street Railway Com- pany, to passengers taking passage at any point on its lines within the City of Youngstown. It being understood that the present rates of fare shall be changed and the transfers above enumerated, given and hon- ored only in the event that the Council of said City shall grant the rights. priA'ileges and franchises herein requested, and shall further grant to The ^Mahoning Valley Railway Company, the rights, privileges and franchises by it requested in its applica- tion til is (lay filed, and to The Youngstown & Sharon Street Railway Company, the rights, privileges and franchises re- quested by it, in its application this day filed. Respectfully submitted, THE YOUNGSTOWN PARK & FALLS STREET RAILWAY ' CO]\IPANY, By M. E. McCaskey, President. AN ORDINANCE GRANTING TO The Younirstown Park & Falls Street Railway Company AN EXTENSION OF ITS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN PaSvSRd in Council August 25TH, 1908 AN ORDINANCE, Renewing" to The Youngstown Park & Falls Street Railway- Company, for the Term of Twenty-five Years, its Grants, • Rights, Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railway upon the Streets, Avenues, Ways and Places, and Parts of Streets, Avenues, Ways and Places, Hereinafter Mentioned, in the City of Youngstown, Ohio — Fixing the Terms and Conditions of Such Renewal Grants — Changing the Rate of Fare — Pro- viding for and Regulating Transfers ; and Terminating Ex- isting Grants. PREAMBLE. Whereas, The .Youngstown I*ark & Falls Street Railway Company is the owner of, and now engaged in operating cer- tain lines of street railroad in the City of Youngstown, Ohio, being the lines heretofore owned and operated by it; and Whereas, The rights, i)rivileges and franchises now held by the said The Youngstown Park & Falls Street Railway Com- pany on the streets, avenues, ways, and parts thereof, herein- after mentioned, expire on the third day of June, 1920; and Whereas, The present franchises under which said Com- pany is now operating i)rovide for the following rates of fare: Single cash fare, five cents. Commutation tickets in packages of, six, twenty-five cents. Thirteen for fifty cents, anil Twenty-seven for one dollar. Packages of fifteen for fifty cents to be sold to school child- ren over five years and under fifteen years of age, hut said franchises do not provide that said The Youngstown Park & Falls Street Railway Company shall issue to passengers taking 79 8o RAILWAY AND LIGHTING ORDINANCES passage upon its lines, transfers entitling such passengers to passage over other lines within the City of Youngstown ; nor do such franchises require said The Youngstown Park & Palls Street Railway Company to accept for passage over its lines transfers issued by other lines of street railway within the City of Youngstown ; and Whereas, Said The Youngstown Park & Falls Street Rail- way Company has presented its certain written application to Council in which it proposes, in consideration of the extension and renewal for a period of tAventy-five years of its existing grants and the granting to it of certain other rights and privi- leges, and the modification l)y the City of Youngstown of the present rates of fare, which it is entitled under its present fran- chises to charge, that it. The Youngstown Park & Falls Street Railwa^y Company, will, upon the necessary consents being ob- tained, construct additional trackage and extensions, which are necessary for bettering the service upon its lines, will connect its lines with other street railway companies, within said City, so as to permit the inter-movement of cars between its lines, and the lines of other companies; will issue to passengers upon its lines transfers entitling such passengers to passage over the lines of The Mahoning Valley Railway Comi)any within the City of Youngstown, and to certain points without tiu^ City of Youngstown, and will likewise issue to its passengers transfers entitling such passengers to passage over the lines of the Youngstown & Sharon Street Railway Company Avithin the City of Youngstown, and will further accept for passage over its lines, transfers issued by The ^Mahoning Valley Railway Company within the City of Youngstown, and also certain points without the City of YoungstoAvn, and also transfers issued by The Youngstown & Sharon Street Railway Company within the City of Youngstown ; and CITY OF YOUNGSTOWN;, OHIO 8l Whereas, The Council of the City deems it for the best in- terests of the City of Youngstown, and the citizens thereof, and conducive to the public interest that said proposition be ac- cepted ; the extensions, renewals and rights which The Youngs- town Park & Falls Street Railway Company desire, granted; the rates of fare modified ; and the right of transfer to and from the lines of The Youngstown Park & Falls Street Railway Company secured. Now, Therefore, Be it ordained by the Council of the City of Youngstown, Ohio, as follows, to-wit : TERMS DEFINED. Section 1. That wherever in the following Ordinance the words, "The Youngstown Park & Falls Street Railway Com- pany," "The Company," or "Said Company," are used, they shall be held to mean and include The Youngstown Park & Falls Street Railway Company, its successors, lessees and as- signs; and vi^herever in this Ordinance the words "The City" or "Said City" are used, they shall be held to mean and in- clude The City of Youngstown. ROUTES. Section 2. The Youngstown Park & Falls Street Railway Company is hereby granted, upon the conditions hereinafter provided, a renewal for twenty-five (25) years from the date of the passage of this Ordinance, of the right to maintain and operate its existing street railroad by single or more tracks, as the same now exists in the City of Youngstown, with all neces- sary curves, connections, turn-outs, cross-overs, Y's loops, poles, trolley feed-span and guy wires, equipment, and other ap- purtenances, appliances, and fixtures upon, along, and over the following streets, avenues, and parts thereof, and other public ways and places in the City of Youngstown : 82 RAILWAY AND LIGHTING ORDINANCES 1. Grace Avenue. From City Limits to Hillman street. 2. Hillman Street. From Grace avenue to Warren ave- nue. 3. Warren Avenue. From Hillman street to Market street. 4. ^Market Street. From AVarren avenue to Central Square, including the Market Street Viaduct, so-called, and the Central Square loop, so-called. MOTIVE POWER AND CONSTRUCTION OF TRACKS. Section 3. The motive power for the operation of the Company's Railway shall be electricity, or such other motive power as Council shall, from time to time at the request of the Company, approve. The construction and equipment of the Company's Railway, including tracks, poles, wires, cars and all fixtures, appurtenances and appliances in connection therewith, shall be first-class in every particular, and at all times main- tained in a first-class condition. The tracks hereafter laid in paved or unpaved streets, either as new construction, or as re- newal of existing construction, shall with respect to their style of construction, conform to the general ordinances of the City of Youngstown which are now in force or may hereafter be adopted. MAINTENANCE OF POLES AND WIRES. Section 4. The right, is hereby given to the Company to maintain its present lines of poles and wires, and to erect and maintain such other lines of poles and wires as may be neces- sary to connect its power houses and its said street railway system, and wherever any of the routes hereinbefore enum- erated, provide for, or include private right of way or property, the Company is granted the right to maintain and operate its tracks on and across any and all intervening streets, and to maintain all poles and wires necessary to such purpose. CITY OF YOUNGSTOWN, OHIO 83 ADDITIONAL TRACKAGE AND EXTENSION OF LINES Section 5. The City agrees that it will, upon the presenta- tion iuid filing of the necessary consents of abutting property owners, grant to the Company the right to construct, maintain and operate the following additional tracks and extensions to lines : (a) The right, privilege and franchise to construct, maintain and operate an additional track on, along and over Market street from the intersection of Warren ave- nue therewith; thence to the end of the present double track near Central Square and including also the Market Street Viaduct, so-called. (b) The right, privilege, and franchise to construct, maintain, and operate an extension of its present line on ]\rarket Street where the same is intersected by West Woodland avenue; thence on, along and over West AVood- land avenue to Hillman street; thence on, along and over Hillman street to Wari'en avenue, to a connection with its present line on Warren avenue. (c) The right, privilege, and franchise to construct, maintain, and operate an extension of its present line on Market street from a point where East Woodland avenue intersects said street; thence on, along and over East Woodland avenue to South avenue; thence on, along and over South avenue to a point opposite Warren avenue ; and thence over private right of way to Warren avenue. The Company shall, as soon as possible after the passage of this Ordinance, obtain the necessary consents to construct, maintain and operate the additional trackage and extensions, provided for in sub-divisions a, b and c of this Section. Upon such consents being obtained, it shall present the same to Coun- cil, with an application for the necessary franchise, and upon 84 RAILWAY AM) LTC.HTING ORDINANCES such franchises being granted, shall, Avithin a reasonable time, proceed to construct and put in operation said extensions or either of them. CONNECTING TRACKS. Section 6. Said Company is hereby granted \^^(m the con- ditions herein provided, and for the period provided in Section 2. herein, the right to construct, maintain and operate the fol- lowing connecting tracks : (a) The right, privilege, and franchise to construct, maintain, and operate a connection between its tracks on Market street near the street formerly known as Bresett street with the tracks of The Mahoning Valley Railway Company. (b) The right, privilege, and franchise to construct, maintain, and operate a connection between its tracks on Market street near Boardman with the tracks of The Youngstown & Sharon Street Railway Company. POWERS. Section 7. The Company may transport upon ;nul along its lines, in suitable cars, such material, supplies, appliances and tools as it may need in the construction, maintenance and operation of its railroad. It may carry upon its i)assenger cars, or upon other cars, mail for the Government of the United States. It may carry packages, and make a reasonable charge therefor. It may operate funeral cars, observation cars, ex- press passenger service, and other special cars, but the trans- portation of material, supplies, appliances, tools, mail and pack- ages, and the operation of funeral cars, observation cars, and other special cars, shall not be permitted to interfere with, or delay the carriage of passengers. CITY OF YOUNGSTOWN, OHIO 85 PAVEMENT AND REPAIR. Section 8. The Company shall, as to all streets, or parts thereof, including bridges, over which its lines are now or may hereafter be constructed, at its own cost and expense, and at the same time. Avith the same material, and in the same manner as the balance of said street, or part thereof is paved, pave and when necessary repave the space between its rails, the space between its tracks, known as the "devil strip," and one foot upon the outside of its tracks. The Company shall, however, not be required to pave or repave its part of said streets with sheet asphalt, but the City may require it to pave, or when necessary repave its portion with other material, provided the same is not more expensive than sheet asphalt. The Company shall, as to all paved or unpaved streets, or parts thereof, in- cluding bridges over which its lines now are, or may hereafter be constructed, keep in repair, free from nuisance, and sprinkle between its rails, the space between its tracks, known as the "devil strip." and one foot on the outside of its tracks. In the event that the Company shall fail or refuse to pave, repave when necessary, or repair said space within thirty days after receiving notice so to do from the City, the City Council may make the same, or cause the same to be done, and said City of Youngstown shall collect all the cost and expense thereof from said Company, and the entire amount of such costs and expense shall constitute a lien and charge upon the property and fran- chises of .said Company, the same as if levied and assessed, as in the case of other municipal improvements. EQUIPMENT. Section 9. The Company shall, at all times, during the life of this grant, furnish, operate and maintain upon all its lines within the City of Youngsto-vm, a .sufficient number of 86 RAILWAY AND LIGHTING ORDINANCES first-class, commodious cars for the accommodation of its patrons. All cars shall be of modern design, and at all times kept and maintained in first-class condition and repair; and, after dark, all cars running shall be lighted and provided with suitable route designations and headlights. All ears shall be kept clean, well ventilated and comfortably heated. SERVICE AND REGULATION. Section 10. The City of Youngstown shall, at all times, during the continuance of this grant, have the right to pre- scribe, and The Youngsto^vn Park & Falls Street Railway Com- pany shall at all times during the continuance of this grant, comply with and conform to such reasonable rules and regula- tions as are, or may hereafter be prescribed by the City, by ordinance with respect to. (a) The number, schedules, intervals between and frequency of movement of cars. (b) The rate of speed at Avhich cars shall be oper- ated. (c) The equipment of ears. The Company shall, under such regulations, schedules, and at such rates of fare as the Council shall from time to time fix. and not less than the rates provided in Section 12 hereof, oper- ate such night cars between the hours of 12 o'clock midnight and 5 o'clock a. m.. as may l)e reasonably necessary to accom- modate the public. Passengers riding upon such night cars shall not be entitled to demand transfers to other lines unless such transfers were received from a day car. Passengers riding on~ night cars shall be entitled to transfers to day cars. The Youngstown Park & Falls Street Railway Company shall, for the period of three (3) years from and after the pas- CITY OF YOUNGSTOWN, OHIO 87 sage of this ordinance maintain not less than the following schedules of cars on its lines within the City of Youngstown : Cars to be operated on the line of The Youngstown Park & Falls Street Railway Company at not less than 10 minute intervals throughout the entire year. Between the liours of 4 and n p. m., ears shall be operated at not less tlian (5 minute in- tervals as far as Warren Avenue. The above schedules to be maintained for the period above named, except in the event of continuous business depression, resulting in substantial losses. CONDUCTORS AND MOTORMEN— EXERCISE OF CAU- TION. Section 11. The conductor in charge of cars, so far as pos- sible, shall not allow any lady or child to enter or leave any car while in motion, and the conductor and motorman shall keep a vigilant watch for all teams, carriages, persons, and obstruc- tions upon or near to the track, and shall give warning and stop the car if necessary, to prevent accident, and the motorman shall always be upon the front platform while the car is in mo- tion. RATES OF FARE. Section 12. The Youngstown Park & Falls Street Railway Company shall be entitled to charge fares upon its lines during the term herein provided at the following rates, and no more: For a single cash fare, 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. The above tickets shall be sold by the Company upon all cars, and the Company shall accept for transportation over its 88 RAILWAY AND LIGHTING ORDINANCES lines tickets issued by The Youngstown & Sharon Street Rail- way Company and The Mahoning Valley Railway Company For school children's tickets during the school season, in packages of thirty-three, one dollar. The Company shall have the right to prescribe and enforce reasonable regulations with regard to the use and sale of school children 's tickets. Any child of the age of five years, or under, accompanied by parent or guardian, shall be carried free. TRANSFERS. Section 13. Any passenger demanding a transfer ticket at the time of paying such cash or ticket fare shall be entitled, without additional charge, to transfer from the route on which he shall have paid such fare to any other route of the Company within the City, and such transfers shall entitle such passenger to transfer to any point on the lines of The jNIahoning Valley Railway Company within the City of Youngstown, and to a point opposite the plant of the Youngstown Sheet & Tube Com- pany, without the City, or to a point opposite the plant of The General Fireproofing Company, without the City, and also to any point on the lines of the Youngstown & Sharon Street Rail- way Company'- Avithin the City of Youngstown. Such transfer over such lines shall be good not only from the lines of The Youngstown Park & Falls Street Railway Company within the City limits of Youngstow^n, but also from Idora Park without the City of Youngstown, and the territory lying between Idora Park and the City Limits of Youngstown. provided, however, that such passengers shall transfer to the car upon such second route first passing such transfer point upon such second route after the intending passenger's arrival thereat, and at the first point of intersection of said routes or at such other transfer CITY OF YOUNGSTOWN, OHIO 89 point established by the Company. If cars upon two or more routes are operated regularly along the same street, persons who are able to reach their destination by one of said routes without transfer to another of said routes, shall board a car upon the route reaching such destination, and shall not be en- titled to a transfer thereto from any other route. The Com- pany shall not be required, however, to furnish a round trip ticket for a single fare, or to carry any passenger to any point upon its railway to the vicinity of his starting point for a single fare, and the Company' may make such reasonable regulations not inconsistent with the provisions of this Ordinance as may V be necessary to prevent the misuse or abuse of transfers. The Company shall accept for passage to any point on its lines with- in the City of Youngstown, or to Idora Park without the City of Youngstown, and the territory between Idora Park and the City Limits of Youngstown, transfers issued to passengers tak- ing passage on The Mahoning Valley Railway Company within the City of Youngstown, and from a point opposite The Youngs- town Sheet & Tube Company, and from a point opposite the plant of The General Fireproofing Company, and the territory in the vicinity between said point and the City Limits of YoungstoAvn, and shall also accept for transportation, over its lines, transfers issued by The Youngstown & Sharon Street Eailway Company, to passengers taking passage over its lines within the City of Youngstown. Said transfers so to be ac- cepted and honored by The Youngstown Park & Falls Street Railway Company shall be accepted for passage not alone on the lines of The Youngstown Park & Falls Street Railway Com- pany within the City of Youngstown, but also on the line of said Company to Idora Park without said City, and the terri- tory intervening between said Park and the City Limits of Youngstown. 90 RAILWAY AND LIGHTING ORDINANCES CROSSING OTHER LINES. Section 14. The City reserves to itself the right to graut to any other person or persons, Company or Corporation, oper- ating a street railway within said City, the right and privilege to cross said Company's tracks at grade at any public street crossing; also the right to prescribe the terms and conditions as to such occupation and compensation in the event that such companies should fail to come to such agreement by and l)e- tween themselves. INDEMNITY. Section 15. Said Company shall at times defend, keep harmless, and indemnify, the Cit.y of Youngstown, from all damages, claims and demands for injury to persons or prop- erty, together with any cost and expense to which said City may be legally subjected, or made liable by any proceedings at law, or in equity, arising from or growing out of the privi- leges granted in this Ordinance or out of the exercise or opera- tion of the same by the Company, provided that said Company shall have reasonable notice of the pendency of such action, and shall, upon receipt of said notice, assume the defense and cost of all such actions. JOINT USE OF TRACKS. Section 16. The City hereby reserves the right and pov.-er at any time, during the life of this grant to grant to any other company or corporation engaged in operating an inter-urban street railroad having a trackage of at least eight miles outside of the limits of the City of Yoimgstown, to jointly use with said. The Youngstown Park & Falls Street Railway Company, any track or part thereof ownied or operated by said Company which may be necessary to enable the cars operated on such inter-urban railroad to pass by the most direct route to and CITY OF YOUNGSTOWN, OHIO 9 1 from Central Square within said City. If such right to such joint use be granted by the City, and if fair and reasonable terms, conditions and compensation for such joint use cannot be agreed upon by said, The Youngstown Park & Falls Street Railway Company and the corporation or company applying for such joint use within sixty days after such grant is made by the City, the terms, conditions and compensation under which such joint use shall be enjoyed, shall be submitted to ar- bitration. One arbitrator shall be chosen by The Youngstown Park & Falls Street Eailway Company, one by the corporation or company applying for such joint use, and the two so chosen to select a third arbitrator. If such arbitrators shall fail to agree upon a third abitrator within sixty days from their ap- pointment, then such third arbitrator shall be appointed hy a Judge of the Court of Common Pleas of Mahoning County, Ohio. The decision of the said arbitrators, in the absence of fraud, accident or mistake of law or fact, shall be conclusive upon both parties. Any grant or traffic arrangement made by said The Youngstown Park & Falls Street Railway Company with any other corporation, company or individual to use its tracks, or any part thereof, shall l)e subject to all rules and regulations of said City now in force, or which may hereafter be adopted by said City concerning the rate of speed and hea-1- way and the operation, character, lighting and heating of all cars so operated under such grant or traffic arrangement for such joint use, and for the comfort and safety of passengers carried thereon. It being expressly understood and agreed tliat such joint use shall not be required or permitted if such joint use would substantially interfere Avith the transportation or carriage of passengers by The Youngstown Park & Falls Street Railway Company within the City of Youngstown. or substantially in- 92 RAILWAY AND LIGHTING ORDINANCES terfere with or delay the performance by The Youngstown Park & Falls Street Kailway Company of its public duties as a common carrier of passengers for hire Avithin the limits of the City of Youngstown, or substantially interfere with the dis- charge of the obligations imposed by this ordinance ; nor shall such other inter-urban railroad company have the right to carry local passengers over the tracks of The Youngstown Park & Falls Street Railway Company within the City of Youngs- town. CAR LICENSE. Section 17. The Company shall pay to the City an annual license fee of ten dollars for each car operated within said City. REGULATION. Section 18. The construction and operation of the street railroads herein authorized, shall be subject to and governed by the general street railroad ordinances now in force, except as the same are herein modified, and future ordinances and reg- ulations of the City not inconsistent herewith. VIADUCTS. Section 19. AVhen a separation of grades shall be here- after determined upon, at any public street and railroad cross- ing Avithin the City of YoungstoAvn, upon which crossing the tracks of the Company are now, or may hereafter be construct- ed, the City of Youngstown shall have the power, by ordinance, to require the Company to bear a fair and reasonable propor- tion of the cost assumed by the City of Youngstown in the mak- ing of said improvement, in connection with such grade separa- tion, not exceeding, however, one-half of the portion payable by said City of Youngstown. Said contribution so to be made by the Company to be in full of its proportion to said improve- ment or improvements. CITY OF YOUNGSTOWN, OHIO 03 In the event that the City's portion is payable in vleferred payments, then, and in that event, the Company shall be en- titled to likewise defer the payment of its proportionate part, as hereinbefore provided. Should any other street railway company be thereafter granted the right to cross said crossing with its tracks, after such separation of grades, it shall be re- quired by the City of Youngstown to repay to The Youngstown Park & Falls Street Railway Company one-third of its contribu- tion to said improvement. FUTURE EXTENSIONS. Section 20. The Company shall, in the event that the necessary consents and grants are obtained, from time to time, construct, maintain and operate, such extensions from its pres- ent or future lines within the City of Youngstown, as the public convenience and business of the Company may, from time to time, justify and require. FORFEITURE. Section 21. Tn case of any failure of the Company to do and perform each and every one of the terms and conditions herein stipulated to be performed by it, and such failure shall continue for an unreasonable time after written notice to The Youngstown Park & Falls Street Railway Company from tlic Council of said City, of its intention to exact a forfeiture by reason of such failure, the Company shall, upon the passage of an ordinance by two-thirds vote of the Council, declaring such forfeiture, forfeit all and singular all the rights and privileges herein granted, and thereafter all such rights and privileges shall cease and determine and be null and void. The above remedy to be in addition to other remedies pro- vided by law. 94 RAILWAY AND LIGHTING ORDINANCES REPEAL AND TERJVIINATION OF PRESENT FRANCHISE. Section 22. The acceptance of this Ordinance by the Com- pany in the manner herein provided shall be and constitute a surrender, termination and cancellation of all the grants, and franchises of every kind, character and description, received, acquired or' owned by it, or its predecessors, from the City of Youngstown, Ohio, or from any source whatever, to operate street railways within the present limits of the City of Youngs- town. The provisions of any and all ordinances and resolutions and parts of ordinances and resolutions, heretofore passed and adopted by the City Council of said City, which are inconsist- ent with the terms of this Ordinance are hereby repealed and rescinded. ACCEPTANCE. Section 23. The Youngstown Park & Falls Street Railway Company, for itself, its successors, lessees and assigns, shall, within thirty days from the passage of this Ordinance, file with the City Clerk, its written acceptance of the terms, conditions, covenants and provisions hereof, and its agreement to be bound by the terms, conditions, covenants and provisions hereof; which said acceptance shall be in the following form: "To the Honorable, the City Council of the City of Young-s- town, Ohio: Gentlemen: The undersigned. The Youngstown Park & Palls Street Railway Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions of an Ordinance, entitled, 'An Ordinance Re- newing to The Youngstown Park & Falls Street Railway Com- pany for the Term of Twenty-five Years, its Grants, Rights, CITY OF YOUNGSTOVVN, OHIO 95 Privileges and Franchises to Maintain and Operate its Tracks and Lines of Street Railroad upon the Streets, Avenues, Ways and Places and Parts of Streets, Avenues, "Ways and Places Hereinafter Mentioned in the City of Youngstown, Ohio, Fix- ing the Terms and Conditions of such Renewal Grants — Chang- ing the Rate of Fare — Providing for and Regulating Transfers and Terminating Existing Grants,' and passed in Council on the day of , 1908 ; and said The Youngstown Park & Falls Street Railway Company, for itself, its successors, lessees and assigns, hereby agrees to be bound by the terms, conditions, covenants and provisions, and each of them, in said Ordinance contained. THP] YOUNGSTOWN PARK & FALLS STREET RAILWAY COMPANY, (Seal) By President. Attest : Secretary-. Dated at Youngstown, Ohio, the day of 1908." TIME OF TAKING EFFECT. Section 24. This Ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance hereof by the Company, in writing, as hereinbefore provided; provided that the provisions as to the issuance and acceptance of transfers and sale of tickets shall not take effect until thirty days from the date of the passage and publication hereof. 96 RAILWAY AND LIGHTING ORDINANCES Passed in Council this twenty-fifth day of August, A. D. 1908. M. C. HIGGINS, President of Council. Attest: M. F. Hyland, Clerk. Approved this third day of September, A. D. 1908. A. W. GRAVER, Mayor. ACCEPTANCE OF The Youngstown Park & Falls Street Railway Company OF AN ORDINANCE RENEWING AND EXTEND- ING ITS FRANCHISES WITHIN THE CITY OF YOUNGSTOWN To the Honorable, the City Council of the City of Youngstown, Ohio: Gentlemen: The undersigned. The Youngstown Park & Falls Street Railway Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisions oi" an Ordinance, entitled, "An Ordinance Re- newing to The Youngstown Park & Falls Street Railway Com- pany for tlie Term of Twenty-five Years, its Grants, Rights, Privileges miuI Franchises to Maintain and Operate its Tracks and Lines of Street Railroad upon the Streets, Avenues, Ways and Places ;iii(I Pjirts of Streets, Avenues. Ways and Places Hereinafter Mentioned in the City of Youngstown, Ohio, Fix- ing the Terms and Conditions of such Renewal Grants — Chang- ing the Rate of Frire — Providing for and Regulating Transfers and Terminating Existing Grants," and passed in Council on the 25th day of August. 1908; said The Youngstown Park & Falls Street Railway Company, for itself, its successors, lessees and assigns, hereby agrees to be bound l)y the terms, condi- tions, covenants and provisions, and each of them, in said Ordi- nance contained. THE YOUNGSTOWN PARK & FALLS STREET RAILWAY COMPANY. (Seal) By M. E. McCASKEY. President. Attest : S. C. ROGERS, Secretary. Dated at Youngstown, the 23rd day of September, 1908. 99 APPLICATION OF The Mahoning Valley Railway Company FOR WICK AVENUE EXTENSION FRANCHISE Youngstowii. Ohio. Nov. 4. IDDS. To the Honorable, the Council of the City of Youngstown, Ohio : Gentlemen: The ^lahoiiing Vall(\\- Railway (\)ini>any, for itself, its successors, lessees and assigns, hereby requests your Tlonorable Body to grant to it, its successors, lessees arul as- signs, the right, privilege and franchise to construct, maintain and operate an extension from the terminus of its present line on Wick Avenue P^xtension near the Hubbard Road, so-called; thence northerly, on. along and over Wick Avenue Extension, to the northerly City Limits of the City of Young.stown. Ohio: together with .sucli turn-outs, cross-overs, sidings, poles, wires, connecting tracks, appurtenances, appliances and fixtures as may be necessary or proper for the construction. oi)eration or maintenance thereof. Respectfully submitted, THE :\IAHOXING VALLEY RAILWAY COMPANY, By M. E. McCaskey, General Manager 103 AN ORDINANCE GRANTING TO The Mahoning Valle\' Railway Company AN EXTENSION OF ITS LINE ON WICK AVENUE EXTENSION TO THE NORTHERLY LIMITS OF YOUNGSTOWN AN ORDINANCE, Granting to the Mahoning Valley Railway Company, Its Suc- cessors and Assigns, the Right, Privilege and Franchise to Construct, Maintain and Operate an Extension from Its Present Line on Wick Avenue Extension, So-Called, at or Near the Hubbard Road, So-Called ; Thence Northerly, On, Along and Over Wick Avenue Extension to the Northerly Limits of the City of Youngstown, Ohio, and Fixing the Terms and Conditions Thereof. Whereas, The Mahoning Valley Railway Company lias heretofore made its application in Avriting to the City Conm'il of the City of Youngstown, Ohio, for the right, jtriviie^e .ind franchise, for itself, its successors and assigns, to extciul its line of street railway and its tracks, upon, along and over Wi'-lc Avenue Extension, so-called, between the present tci'mimis of its railway on Wick Avenue Extension at or near the Iliihh.u",] Road, so-called, and the northerly city limits ol" the ('i1\- of Youngstown. Ohio. And, Whereas, The Mahoning Valley Railway Conif>any has oi)- tained the written consent of a majority of the proiicrty hold- ers and land owners as represented by the foot fi-oiit upon said part of said avenue, consenting to the eonstrud ion. mainten- ance and operation of said street railway, which wi-ittcn con- sents have been produced and filed with the Coinicil of said city. And, Whereas, All the requirements of law in respect to the ex- tension of said railway and the tracks have I)een ci)iii!)1icd wiHi, and the Council deems the same l)eneficial to the public; Now, Therefore, Be it ordained by the Council of \]\r City of Youngstown. as follows: 107 I08 RAILWAY AND LIGHTING ORDINANCES Section 1. That The Mahoning Valley Railway Company, its successors, lessees and assigns be, and it and they hereby are granted the right, privilege and franchise to extend its lines of street railway and its tracks, and to construct, maintain and operate with electricity, or such other motive power, except steam or animal, as said The Mahoning Valley Railway Com- pany, its successors, lessees or assigns, may from time to time adopt, upon and over Wick Avenue Extension, so-called, be- tween the northerly terminus of its present line on said avenue antl the northerly city limits of the City of Youngstown, a single track street railway, together with such poles, wires, conduits, switches, sidetracks and other appurtenances, fixtures and appliances as are necessary for the proper operation of the same, with the further right, whenever said The Mahoning Valley Railway Company, its successors, lessees or assigns, may desire to construct an additional track on said part of said avenue, with the necessary appurtenances and appliances there- for, but subject to the conditions herein set out and referred to. Sec. 2. The rights and privileges set forth herein, are given and are to be exercised under and upon the same terms and conditions as are set forth in an ordinance passed in Coun- cil on the 25th day of August, 1908, granting to The Mahoning Valley Railway Company a renew^al of its grants, rights, privi- leges and franchises within the City of YoungstoAvn, and pre- scribing the terms and conditions under which such grants, rights, privileges and franchises should be exercised, which said terms and conditions as set forth in said ordinance, passed August 25th. 1908. are hereby adopted and made a part hereof as if again herein written. Sec. 3. Said extension of said line of street railway shall be completed and in operation within sixty (60) days from the date of the passage of this ordinance, (unless said company is CITY OF YOUNGSTOWN, OHIO IO9 prevented from completing the same by litigation or other causes beyond its control), and the rights, privileges and fran- chises hereinbefore granted shall be in force until the 10th day of October, 1933. Sec. 4. That said The Mahoning Valley Railway Com- pany, its successors or assigns, shall within thirty (30) days from the passage of this ordinance, accept the rights, privileges and franchises herein granted, and agree to comply with the terms of this ordinance. Sec. 5. This ordinance shall take effect and he in force from and after the earliest period allowed by law. Passed in Council this 4th day of November, A. I). 1908. M. C. IIIGGINS. Attest: President of Council. M. F. Hyland, Clerk. Approved : A. W. CRAVER, Mayor. ACCEPTANCE OF The Mahoning Valley Railway Company OF WICK AVENUE EXTENSION FRANCHISE To the Honorable, the City Council of the City of Youngstown, Ohio: Gentlemen: The undersigned, The Mahoning Valley Rail- way Company, for itself, its successors, lessees and assigns, hereby accepts the terms, conditions, covenants and provisional of an ordinance passed in Council on the 4th day of November, A. D. 1908, and entitled, "An Ordinance Granting to The Ma- honing Valley Railway Company, its Successors, and Assigns, the Right. Privilege and Franchise to Construct. Maintain and Operate, an Extension from its Present Line on Wick Avenue Extension, so-called, at or near the Hubbard Road, so-called; thence northerly, on. along and over Wick Avenue Extension to the northerly Limits of the City of Youngstown. Ohio, and Fixing the Terms and Conditions Thereof." and for itself, its successors, lessees and assigns, hereby agrees to be bound by all the terms, conditions, covenants and provisions in said ordi- nance contained, or therein referred to. THE MAHONING VALLEY RAILWAY COMPANY, (Seal) By R. ^Montgomery, Vice President. Attest : S. C. Rogers, Secretary. Dated at Youngstown, Ohio, this 23rd day of November. A. D. 1908. 11' AN ORDINANCE CONFIRMING AND AUTHORIZING CONTRACT BETWEEN The City of Youngstown AND The Youngstown ConsoHdated Gas & Electric Company AN ORDINANCE, Confirming and Authorizing the Execution of a Contract Be- tween The Youngstown Consolidated Gas and Electric Company and the City of Youngstown, Ohio. Be it ordained by the Council of the City of Youngstown, Ohio: Section 1. That the Board of Public Service, be. and here- by is. authorized, directed and empowered, to enter into and execute on l)ehalf of the City of Youngstown. Ohio, the follow- ing: contract : "This agreement made and entered into this day of , A. D.. 1908. by and between The Youngstown Consolidated Gas and Electric Coini)any, of the City of Youngs- town. Ohio, party of the first part, and The Citj" of Youngs- town. (^hio. party of the second part, Witnesseth, That. "Whereas, Party of the first part is now furnishing electric are lights to the party of the second part under a contract which expires on December 17th, 1909. And. Whereas. Party of the second part, in order to insure the furnishinar to it of electric arc lights subsequent to December 17th, 1909. is desirous that first party shall enter into and exe- cute a contract with it providing for the furnishing of electric arc lights for a period of eight (8) years, from and after the the 17th day of December, 1909. And, Whereas, First party is willing to enter into and execute such a contract under the terms and conditions hereinafter set forth. Now, Therefore, this agreement witnesseth: That first party and second party, in consideration of the covenants and agreements upon each part to be done and performed, as hereinafter set forth, do hereby agree as follows: 117 Il8 RAILWAY AND LIGHTING ORDINANCES First. First party agrees that it, its successors and assigns, will, during the period hereinafter set forth, furnish and de- liver to second party, and second party agrees that it will take and pay for, at such locations within the corporate limits of the City of Youngstown, Ohio, as second party, the Council thereof, or the proper boards or officers may determine, not less than six hundred series, alternating current enclosed electric arc lights, having an amperage of seven and one-half (1^2) am- peres, consuming an average of four hundred and fifty (450) Watts each, and kno"wn commercially as "Two thousand candle power lights;" said lights to be at least equal in efficient light- ing power to those now in use in said city. First party further agrees from time to time during the period of this contract, excepting the last year thereof, to in- stall such additional arc lights as second party may desire, and upon locations within the corporate limits of the City of youngstown, Ohio, to be fixed as hereinbefore provided. First party shall not be required to install or supply ad- ditional arc lights during the last year of the period covered by this contract, except by mutual agreement. First party agrees to operate said arc lights every night and all night throughout each of the years covered by this con- tract; the aggregate service for each light not to exceed four thousand hours per year. The hours of starting and stopping the operation of said lights to be subject to the direction of second party or its authorized representatives. Second. Second party agrees to take all lights that may be needed to properly light the streets, alleys, avenues, public ways and places within said city from first party, its .successors and assigns under this contract, during the period herein pro- vided. CITY OF VOUNGSTOVVN, OHIO 1 19 Party of second i)arl agrees to ]iay for llic lio'lits hri-ciii provided to be frirr.islu'd. the sum of Sixty-ei«rht (^6S) Dollars per light per year, payable iti ('(jual iiinnthly iiistalliiMMits. Pro- vided that if any lig'ht sliall be ont at a time when the liLvhts are required to be on, and the snnie is reported t«» jiarty of first part by party of second j)art. no cliarg'e sliall be nuub^ for sMid light or lights until the same shall be again {daced in ^'ull ojier- ation. All bills for electric lighting to be renderi^d by first party on the first of each month, for the preceding tnonlh. an.l to be paid l)y second party on or before the 20th of eai-h month. Third. If at the expiration of the first five years of this contract, second |)arty is of the opinion tliat the [)rice being paid for lights under this contract should be reduced, then, and in tliat event, second party shall have the riglit. by written notice, to require the appointment of an arbitration l)oafd, i'or the purpose of determining the cost to first party of the lights so furnished by it. Said board of arbitration, shall, within thirty days from receipt of such written notice be chosen as follows: First party shall choose one person, and second party shall choose one per- son, and the parties so chosen shall determine from the records of first party the cost of furnishing said lights. If said board shall determine that the cost of furnishing said lights plus a profit of ten per centum upon capital invested in the produc- tion and furnishing of said lights shall be less than f)rice fixed by this contract, then, and in that event, said price shall be so reduced by first party as that second party shall pay, and first party shall receive for lights during the remaining period of this contract, an amount equal to the cost of furnishing said lights, plus a profit of ten per centum upon the amount invested in the production and furnishing of said lights. I20 RAILWAY AND LIGHTING ORDINANCES In the event that the two arbitrators so chosen shall be un- able to agree upon the cost of producing and furnishing said lights, then said abitrators shall choose a third person, and the decision of said three persons, or a majority thereof, shall be final and conclusive upon the parties hereto. Should first party, upon written notice, fail or refuse to choose an arbitrator as contemplated herein, for a period of thirty days from the receipt of such written notice, then second party shall have the right to choose two persons, which persons so chosen shall determine the questions hereinbefore provided to be arbitrated. First jmrty agrees that it will permit said board of arbitra- tors to examine its books and records for the purpose of deter- mining the cost, as herein contemplated. It is mutually understood and agreed that all expenses in connection with said arbitration board shall be borne equally by the parties to this agreement. Fourth. This contract shall take effect and be in force for and during the period of eight (8) years, commencing on the 17th day of December, A. D. 1909. and ending on the 16th day of December. A. D. 1917. Fifth. Tt is mutually understood and agreed that second party shall have the riglit. at its option, to require, and first party shall furnish, if so required, are lights upon the schedule herein stated, at the price herein fixed, at any time subsequent to the execution of this contract, and prior to the 17th day of December, 1909. Sixth. First party shall give to second party a bond in the amount of Ten Thousand Dollars (.1^10,000), with sufficient surety, conditioned upon the faithful performance by it of the terms, covenants and conditions of this contract by it to be performed, and to indemnify and save harmless party of sec- CITY OF VOUNGSTOVVN, OHIO 121 ond part, from any and all claims and demands on account ot" injury to persons or property for which second party may be- come liable by reason of this contract. Seventh. The terms, conditions and provisions of this agreement shall inure to and bind the respective successoi's and assigns, of the [larties hereto. In Witness Whereof, the parties to this agreement have hereunto caused the same to be executed by their proper offi- cei's. on the day and year first above written. Section 2. That the bond furnished to The City of Youngs- town. Oliio. ])y The Youngstown Consolidated Gas and Electric Company, conditioned upon the faithful performance by it of the terms and provisions of the above contract be, and the same hereby is. approved. Section 3. This ordinance shall take effect and be in force from and after the earliest period authorized by law. Passed in Council this 20th day of July, A. D. 1908. JAMES A. GREEN, President pro tem. of Council. Attest : :\r. F. Hyland. Clerk. Approved : A. W. GRAVER, Mayor. BOND Know All Men by These Presents, That we, THE YOUNGS- TOWN CONSOLIDATED GAS AND ELECTRIC COMPANY, as principal, and FIDELITY AND DEPOSIT COMPANY OF BALTIMORE, MARYLAND, as surety, are held and firmly liound unto the City of Youngstown, in the penal sum of TEN THOUSAND DOLLARS ($10,000), to the payment of which we, and each of us, do bind ourselves, our successors and as- signs by these presents. 122 RAILWAY AND LIGHTING ORDINANCES Dated at Youngstown, Ohio, this 31st day of July. A. D. 1908. The Condition of this Obligation is such that Whereas, On the 20th day of July, 1908, the Council of the City of Youngstown, Ohio, passed an ordinance, entitled, "An Ordinance Confirming and Authorizing the Execution of a Contract Between The Youngstown Consolidated Gas and Electric Company and the City of Youngstown;" and Whereas, The provisions of the contract, as contained in said ordinance, required The Youngstown Consolidated Gas and Electric Company to furnish a bond in the amount of Ton Thousand Dollars ($10,000), conditioned upon the faithful per- formance by it of the terms, covenants and conditions of the contract by it to be done and performed; Now, If said TPIE YOUNGSTOWN CONSOLIDATED GAS AND ELECTRIC COIMPANY shall faithfully perform each and every one of the terms, covenants and conditions of the contract as more fully set forth in the application and ordi- nance, and shall indemnify and save harmless the City of Youngstown from any and all claims or demands on account of injury to persons or property for which said City of Youngs- town may become liable by reason of said contract, then this obligation shall be void ; otherwise to be and remain in full force and virtue in law. THE YOUNGSTOWN CONSOLIDATED GAS AND ELEC- TRIC COMPANY, (Seal) By M. E. MeCASKEY, Vice President. Attest: S. C. Rogers, Secretary. CITY OF YOUNGSTOWN. OHIO 1 23 PJDP]LITY AND DEPOSIT COMPANY OF UALTIMORK, MARYLAND. (Seal) By CHARLES K. MILLHR. Vice President. Harry R. Murfew, Secretary. In presence of M. A. SATTERFTELD. E. G. DUNLAP. As to The Youngstown Consolidated Gas & Electric ('ompany. FRANK P. TIRESH, CHARLES S. IIOPPKR. As to F. & D. Co. of Maryland. ORDINANCES AND FRANCHISES UNDER WHICH The Youngstown Consolidated Gas & Electric Compan}^ IS OPERATING IN THE CITY OF YOUNGSTOWN No. 1. COUNCIL JOURNAL. Vol. 1, Page 243. AN ORDINANCE, To Provide for the Lighting of the Village of Youngstown. Section 1st. Be it ordained by the Council of the Incor- porated Village of Youngstown, That Augustus B. Cornell of Youngstown, aforesaid, his heirs and assigns, and such persons as may be associated with him or them for the purposes herein mentioned, be and they are hereby invested with the full and exclusive privilege to erect gas works within the limits of the said Village of Youngstown, and also with the sole and ex- clusive privilege of using the streets, avenues, lanes, alleys, commons and public grounds o-f said village and its future ad- ditions, for the purpose of laying pipe and of conveying gas for the use of said village and the inhabitants thereof, for the period of twenty years from the passage of this ordinance, with the right to dig and excavate in any or all of such streets, avenues, lanes, alleys, commons and public grounds, for the purpose of laying pipe and other apparatus to convey said gas to consumers; provided that such streets avenues, etc., shall not be unnecessarily obstructed by such excavation, and pro- vided further that the then existing arrangements for drainage of the streets by sewers or ditches shall not be interfered with. Section 2. And be it further ordained, That when such gas works shall have been erected, the right to the above grants and easements and to the enjoyment thereof, shall be held on condition and so long only as the said Cornell, his heirs, assigns and his or their associates, shall furnish gas of good quality for the public lamps of said village (when erected) and to the inhabitants thereof, upon the several streets, avenues, etc., in 127 128 RAILWAY AND LIGHTING ORDINANCES and through which the leading or main pipes for supplying the citizens with gas shall be laid and in use at a price not exceed- ing four and 50-100 dollars per thousand cubic feet, until two hundred and fifty consumers are obtained exclusive of public lamps, after which the price shall not exceed three and 50-100 dollars per thousand cubic feet. Provided, however, that the work of erecting and constructing such gas works be com- menced and at least one mile of pipe be laid by the 30th day of June, A. D. 1866. Section 3. And be it further ordained. That after the ex- piration of the twenty years named in the '1st Section of this ordinance, the said Cornell, his heirs, assigns and associates shall continue in the enjoyment of all the rights and privileges specified in said 1st Section so long and so long only as he or they shall furnish gas in such quantities as shall be required for the public lamps and for the use of the citizens, on as fa- vorable terms as any other responsible party will contract to furnish the same, and upon the refusal so to do, he or they shall forfeit all the exclusive privileges herein granted. Section 4. That said Gas Light Company shall, within two years after said Gas Works are erected and in operation, cause a map to be made of the districts within which its mains lie, on a large and sufficient scale, and shall cause to be marked there- on the lines of all their then existing mains, and once in every year shall correct such map, and make such additions thereto as Avill show the line of all their then mains, as aforesaid. Section 5. That every map, or a copy thereof, so madi\ l)y or for said Gas Light Company, with tlie date expressed thereon of the last time when it was so corrected, shall be de- posited, certified to by their engineer, or secretary, or clerk, or other proper person, in writing, under his hand to be a true copy thereof, with the Recorder of said Village, who is hereby CITY Ol' NOUNGSTOWX. OHIO 1 29 required to receive aiul keep in safe eustody the same; and su(*1i map so deposited shall at all reasonable times be open to to tlie local authorities and consumers, and their respective agents, and they respectively may take such eoj)ies or extracts from the same. Section 6. That if at any time reasonable complaints as to quantity, quality or pressure of the gas supplied by said Gas Light Company be made to the village council by memorial in writing signed by not less than twent\- iidiabitant household- ers, paying rates for and sui)plied with gas l)y said Gas Light Company (a copy of which shall be left with the said Gas Com- pany), and the same be not adjusted l)etween them within one month, the Mayor may, at any time within sixty days a-fter the receipt of such notice, refer tiie matter of complaint to three competent persons (the village council to select one and the said Gas Light Company to select another, and the tv.'o thus chosen to select the third) who shall investigate and inquire into and concerning the grounds of such complaint, and report to the said village council thereon ; that the three persons so chosen as aforesaid shall give three days' notice thereof in writing to the said Gas Light Company, and after such ru)tice as aforesaid they shall have power to inspect and examine the Gas AVorks of said Company and incpiire into and concerning the grounds of such complaint, and said Gas Light Company, and their officers or workmen shall afford all reasonable facili- ties for such inspection, inquiry or examination : That if said referee shall report to said village council that the said com- plaint is well founded, the Mayor or Hecorder shall give notice thereof in writing to said Gas Light Company. After the re- ceipt of such notice the said Gas Company shall and they are hereby required within a reasonable time to remove the grounds of such complaint, and it is hereby ordained that if 130 RAFLWAY AXD LIGHTING ORDINANCES said Gas Light Company shall fail to comply with such notice within three months from and after its receipt, or if the same grounds of complaint shall carelessly or intentionally twice oc- cur in any one year, or said Company shall fail to comply with any of the provisions of this Section, then said Company shall forfeit all exclusive rights and privileges by this ordinance granted to them. Section 7. And be it further ordained. That all ordi- nances and parts of ordinances, heretofore passed relating to the erection of Gas Works, and the supplying of gas for public lamps or for the use of the citizens of Youngstown, be and are hereby repealed. Section 8. This ordinance shall be in full force and effect from and after its passage. Passed in Council June 15th. 1865. (Now owned by Young.stown Consolidated Gas & Electric Company.) No. 2. SPECIAL ORDINANCES. Vol. 2 B, Page 567. AN ORDINANCE, Granting to Bales M. Campbell, Thomas E. Davey and Louis W. King the Right and Permission to Erect and Maintain the Necessary Poles, Wires and Other Electrical Apparatus, for the Purpose of Furnishing Persons and Corporations Within the City of Youngstown With Incandescent Elec- tric Light and Power, and Prescribing the Terms and Con- ditions Upon Which the Same Shall Be Done. Sec. 1. Be it ordained by the City Council of the City of Youngsto^vn, Ohio, that Bales M. Campbell. Thomas E. Davey CITY OF YOUNGSTOWN, OHIO I3I and Louis W. King, their successors and assigns, be and are hereby granted, for the period of five (5) years from and after the passage of this ordinance, the sole and exclusive authority, privilege and right of way, through, in, upon and along the streets, alleys and public grounds of the said City of Youngs- town, necessary or proper for the use and purpose of furnish- ing to persons and corporations incandescent electrical light or power, or both, and to erect and maintain thereon such poles, posts/ wires and other electrical apparatus, as may be necessary or proper to carry on and maintain said business. Said parties, their successors and assigns, are hereby further granted the right to maintain and operate such electric light plant for the full period of twenty (20) years from and after the passage of this ordinance, and for that purpose to use the streets afore- said, for the purpose aforesaid. Provided, that nothing herein contained shall be deemed or construed to mean that the rights and privileges herein granted are, or are intended to be ex- clusive for a longer term than said first mentioned period of five (5) years. The rights and privileges set forth herein are given under and upon the conditions named in the following Sections. Sec. 2. Before said parties shall enter upon and use said streets, alleys, or public grounds, or any part thereof, for the purpose designated in Section 1 of this ordinance, they shall submit to. and have approved by the City Council of said city, a plan or map showing what streets, alleys and public grounds, or parts thereof, are proposed by them to be used, and indicat- ing the location thereon, by them determined for their poles, wires and other apparatus. Said city reserves to itself the right to make reasonable changes and alterations of such map or plan ; and also to make reasonable regulations regarding the kind and material of poles to be used, and the distance apart 132 RAILWAY AND LIGHTING ORDINANCES at which the same shall be placed. And said city also reserves the right to establish, from time to time, such reasonable regu- lations as to public safety, and the painting and sightliness of poles and appliances as it may deem just and proper. Said poles, wires and appliances shall be so arranged and constructed as to, in no way, interfere with any telegraphic or police alarms owned or controlled by said city. Sec. 3. Said Bales M. Campbell, Thomas E. Davey and Louis W. King, their successors and assigns, shall at all times hereafter defend, keep harmless and indemnify the City of Youngstown from any and all lawful claims and demands for injury to persons and property, costs and expenses, for which said city shall be made liable, by reason of the privilege in this ordinance granted, or which may result from the construction, maintaining and operation of said electric light business within said city; and said parties, their successors and assigns, shall, before said business is put into operation, enter into bond in the sum of five thousand dollars ($5,000) to the City of Youngs- town conditional, to indemnify said city against damages, ex- penses and costs by it sustained, or rendered liable. l)y reason of said business. Sec. 4. Said grantees, their successors and assigns, shall erect said light plant, and be prepared to operate at least one thousand (1,000) incandescent lights within nine (9) months from passage of this ordinance, or forfeit all rights granted by same, and shall wnthin thirty (30) days signify, in writing, their acceptance of this grant, together with an agreement to comply with the terms and conditions thereof. Sec. 5. Said grantees, their successors and assigns, shall, in consideration of the rights and privileges herein granted, agree to furnish the city, at such places as the City Council CITY OF YOUNGSTOWN, OHIO I33 may designate, not to exceed thirty-five (35) incandescent lights free of charge. Sec. 6. When a majority of the residents of any street within the city, having more than twenty resident household- ers thereon, agree to use said incandescent light system, the same shall be extended to the street on which such household- ers reside, provided the City Coimcil shall deem such exten- sion necessary and reasonable. Passed in Council, February 10th. 1890. (Now owned by Youngstown Consolidated Gas & Electric Company.) No 3. SPECIAL ORDINANCES. Vol. 3, Page 437. AN ORDINANCE, Granting to Youngstown Electric Light Company the Right and Permission to Erect and Maintain the Necessary Poles, Wires and Other Electrical Apparatus, for the Purpose of Furnishing Persons and Corporations Within the City of Youngstown With Arc Electric Light, and Prescribing the Terms and Conditions Upon Which the Same Shall Be Done. Sec. 1. Be it ordained by the City Council of the City of Youngstown, Ohio, that The Youngstown Electric Light Com- pany, its successors and assigns, is hereby granted the author- ity, privilege and right of way through, in, upon and along the streets, alleys and public grounds of said City of Youngs- town, necessary or proper for the purpose of furnishing to per- sons and corporations arc electric light, and maintain thereon 134 RAILWAY AND LIGHTING ORDINANCES such poles, posts, wires and other electrical apparatus as may be necessary or proper to carry on and maintain said business. The rights, privileges and franchises hereby granted are to continue in force and effect for the full period of twenty years from and after the passage of this ordinance. Sec. 2. The rights, privileges and franchises set forth and granted in the foregoing Section of this ordinance are given under and upon the conditions following : The said The Youngstown Electric Light Company, by its acceptance of this ordinance, and of the rights, privileges and franchises herein granted, binds itself, its successors and assigns, by the con- ditions and requirements set forth and contained in Sections 2 and 3 of an ordinance granting certain rights, privileges and franchises to said company, passed in Council February 10th, 1890, the same as if said conditions and requirements were herein written and repeated, and upon the further condition that said city shall have the right to connect its wires for police and fire alarm telegraph system to said poles. Pro- vided, that such conditions shall only be made in such manner and at such points as shall be approved by the said The Youngs- town Electric Light Company. Passed in Council, October 12, 1891. (Now owned by Youngstown Consolidated Gas & Electric Company.) CITY OF YOUNGSTOVVN, OHIO 135 No. 4. SPECIAL ORDINANCES. Vol. 3, Page 441. AN ORDINANCE, Granting to The Mahoning Electric Light Company the Right and Permission to Erect and Maintain the Necessary Poles, Wires and Other Electric Apparatus, for the Purpose of Furnishing Persons and Corporations Within the Cit^;' of Youngstown With Arc Electric Light, and Prescribing the Terms and Conditions Upon Which the Same Shall Be Done. Sec. 1. Be it ordained by tlie City Conneil of tlic City of Youngstown, Ohio, that Tlie ^lahoning Eleetric Liglit Com- pany, its successors and assigns, be, and the same is iiereby granted the authority, privilege and right of way tlirough, in, upon and along the streets, alleys and public grounds of said City of Youngstown necessary or proper for the purpose of furnishing to persons or corporations are electric light, aiul to erect and maintain thereon such poles, posts, wires and othin- electrical apparatus as may be necessary or proper to carry o)i and maintain said business. The riglits, privileges and fran- chises hereby granted are to continue in force and effect for the fvdl period of twenty-five years from and after the passage of this ordinance. Sec. 2. Said city reserves to itself llic right to make rea- sonable regulations regarding the kind and material of poles to be used; the distance apart at which the sann^ shall be placed, and the streets additional to those now occupied by said The Mahoning Electric Light Company, on which such poles, wires and other apparatus may be placed. And said city also reserves the right to establish, from time to time, sueli 136 RAILWAY AND LIGHTING ORDINANCES reasonable regulations as to the public safety, and the painting and sightliness of poles, and appliances shall be so arranged and constructed as to in no way interfere with any telegraph or pf)lii'e alarms owned or controlled by said city, and upon the further condition that said city shall have the right to con- nect its wires for police and fire alarm telegraph system to said poles. Provided, that such connections shall only be made in sucli inanner at such points as shall be approved by said The Mahoning Electric Light Company. Sec. 3. The Mahoning Electric Light Company, its suc- cessors and assigns, shall at all times hereafter defencL keep harndess and indenniify the City of Youngstown from any and all lawful claims and demands for injuries to persons or prop- erty, costs and expenses, for which said city shall be made liable by reason of the privileges in this ordinance granted, or Avliich may result from tlu^ construction, maintaining and oper- ation of said (^lectric light 'husiiiess within said city. And said The ^lahoiiing Electric L-ight Company, its successors and as- signs, shall, before this ordinance shrdl take effect, enter into bond in the sum of five thousand dollars to the City of Youngs- to^\•^. conditioned, to indemnify said city against all damages, exi)enses and costs by it sustained, or rendered liable by reason of said business, and sliall also, vrithin thirty days from the jiassage of this ordinaiu'c signify, in writing, its acceptance of this grant, together wilh ;ui agreement to comply with the terms and conditions thereof. Passed in Council. October 2(ith. 1891. CXow oAvned by YoungstoAvn Consolidated Gas & Electric Company.) CITY OF YOUNGSTOWN, OHIO 1 37 No. 5. SPECIAL ORDINANCES. Vol. 4, Page 175. AN ORDINANCE, Granting to Henry F. Kaercher the Right to Erect and Main- tain Over and Upon Dutton Alley, and Across a Certain Portion of West Federal Street, the Necessary Poles, Wires and Other Electrical Appliances for the Purpose of Fur- nishing Persons and Corporations Within the City of Youngstown With Arc and Incandescent Electric Light and Power. Sec. 1. Be it ordained by the City Council of the City of Youngstown. Ohio, that Henry F. Kaercher. his successors and assigns, be and is hereby granted the privilege and riglit of way necessary and ]>i'i)per for the purpose of furnishing to per- sons or corporations arc or incandescent electric light or elec- tric power or both, upon and over the following named streets and alleys of the City of Youngstown. to-wit : Along and upon Dutton alley aiul across Hazel street, from the westerly line of Out-lot No. 1 to the easterly line of Lot No. 38 in said city, to- gether with the right to erect and maintain thereon such poles, Avires and such other electrical apparatus and appliances as may be necessary to carry on and maintain such business, with the further privilege and right to erect and maintain two wires for the purpose of furnishing said electric light and power, over and across West Federal street in said city, at some ])oint or points between the westerly line of said Out-lot No. 1 and Hazel .street in said city; said wires to be erected across Federal street at a height of not less than sixty (60) feet above the roadwav of said street. 138 RAILWAY AND LIGHTING ORDINANCES The rights, privileges and franchises hereby granted are to continue in force and effect for the period of twenty (20) years from and after the 11th day of February, A. D. 1895. Sec. 2. Said poles, wires and appliances shall be so con- structed and maintained as to prevent any interference with and damage to any existing telephone and telegraph wires, and to the fire alarm and police patrol wires of said city; and the said city reserves to itself the right to make any reasonable regulations regarding the height, material, location and sight- liness of poles, and to establish from time to time such reason- able regulations as to public safety as it may deem just and proper. Sec. 3. Said Henry F. Kaercher, his successors and as- signs, shall at all times defend, keep harmless and indemnify the City of Yoimgstown from any and all lawful claims or de- mands for injury to persons or property for which said city shall be made liable, which may result from the construction, maintenance and operation of the electric light line specified in this ordinance. And said grantee shall, upon the acceptance of this grant, enter into a bond in the sum of three thousand dollars ($3,000) to the City of Youngstown, conditioned as aforesaid. And shall also, within thirty (80) days from the passage of this ordinance, in writing, accept the rights and privileges herein granted, and agree to comply with the terms and conditions hereof. Sec. 4. This ordinance shall take effect er for the furnishing to persons or corporations are or inean- descent electric light or electric power, or both, together with the right to erect and maintain thereon such poles, wires and other electrical appliances and apparatus as may be necessary or proper to carry on and maintain said business. The rights, privileges and franchises herein granted are to continue in force and effect up to and until the 11th day of February, A. D. 1915, and said Henry F. Kaercher, his heirs, successors and assigns, is hereby granted the right to maintain and operate such electric light plant and lines, and for that purpose to use the streets aforesaid up to and until said time. The rights and privileges set forth are given under and upon the conditions named in the following sections : Sec. 2. Said poles, wires and appliances shall be so con- structed, maintained and operated as to prevent any interfer- ence with, or damage to any existing telcjihone. teloijrai^h or 140 KAll.WAV AND LIGHTING ORDINANCES electric liglit wires, or to the fire alarm and police patrol wires of said city ; and said city reserves to itself the right to make any reasonable regulations regarding the locations, height, ma- terial and sightliness of poles, and to establish from time to time such reasonable regulations as to public safety as it may deem just and proper. Sec. 3. Said Henry P. Kaercher, his heirs, successors and assigns, shall, at all times, keep harmless and indemnify the said city from any and all lawful claims and demands for in- juries to persons or property, including costs and expenses, for which said city shall be made liable by reason of the privileges herein granted, or which may result from the construction, maintenance and operation of said electric light plant and lines within said city ; and the said Henry F. Kaercher, his heirs, successors or assigns, shall, before this ordinance shall take effect, enter into bond in the sum of three thousand dollars (.$3,000) to the City of Youngstown. conditioned as aforesaid; and shall within thirty (30) days from the passage of this ordi- nance signify, in writing, his acceptance of this grant, together with an agreement to comply with the terms and conditions thereof. Sec. 4. Said grantee, liis heirs, successors and assigns, in consideration of tlie rights and privileges herein granted, shall furnish to the city free of charge an amount of electric light to be figured upon the total product manufactured and sold by him, as follows: In no case less than ten (10) lights. For each additional ten horse power above one hundred horse power and up to aiul including two hundred horse power he shall so furnish two (2) additional lights. And for each additional ten horse power above two horse power, three (3) additional lights. Said lights to be of sixteen candle power each, and figured on the basis of ten (10) lights to each one horse power. CITY OF YOUNGSTOWN, OHIO I4I Sec. 5. It is further provided, that if the said grantee or his successors shall fail to operate his said lisrhting plant at ;my time, for a period of (U) days, then the rio^hts and privilcp:('s herein granted, shall hi' deemed forfeiti'd by the said grantee or his successors, and this franchise shall beeonic null and void, upon the passage by City Conneil of an ordinance forfeiting the same. Sec. 6. When a majority of the residents of any street within the city, having more than twenty resident householders thereon, agree with said grantee to use said light system, the same shall be extended to said street, provided the City Council shall deem such extension necessary and reasonable. l*assed in Council October 7. 1895. (Now owned by Voungstown Consolidated Gas & Electric Comjiany.) No. 7. SPECIAL ORDINANCES. Vol. 4, Page 572. AN ORDINANCE, Granting to Henry F. Kaercher, His Successors, Heirs, Assigns, and Legal Representatives, Extensions and Renewals of the Rights, Pri\dleges and Franchises Granted to Him in and by the Ordinance Passed October 7th, 1895, so that Said Rights, Privileges and Franchises Will Continue Until the 11th Day of February, 1925. Whereas, l>y an ordinance passed in Council October Tlli. 1895. Henry F. Kaercher obtained the consent of the City of Youngstown and was granted the right and pi-ivilege to erect and maintain the necessary poles, wires and other electrical 142 RAILWAY AND LIGHTING ORDINANCES apparatus for the purpose of operating an electric light plant and system, and of furnishing persons and corporations within the City of Youngstown arc light and incandescent light and electric power, which rights and privileges are fully set out in said ordinance, the rights, privileges and franchises therein granted, to continue in force and effect up to and until the 11th day of February, 1915 ; and Whereas, Said Henry F. Kaereher, the present owner of said rights, privileges and franchises, now makes his applica- tion to the said Council and Board of Commissioners, to grant to him. his successors, heirs, assigns and legal representatives, extensions and renewals of the rights, privileges and franchises granted to him in and by said ordinances, passed October 7th, 1895, so that said rights, privileges and franchises will continue until the 11th day of February, 1925; Now, Therefore, Be it ordained by the City Council of the City of Youngstown, 0., Section 1. That the rights, privileges and franchises granted to Henry F. Kaereher, his heirs, successors and assigns, by an ordinance entitled: "An ordinance granting to Henry F. Kaereher, the right and privilege to erect and maintain the necessary poles, wires, and other electrical apparatus, for the purpose of operating an electric light plant and system, and of furnishing persons and corporations within the City of Youngs- town, arc light and incandescent light and electric power," passed in Council on the 7th day of October, 1895, (See special Ordinance Book, Vol. 4, pages 207, etc.) which said rights, privileges and franchises are now owned by said Henry F. Kaereher, be, and the same are hereby renewed and extended until the 11th day of February, 1925. Sec. 2. That said Henry F. Kaereher, his successors or assigns, shall, within thirty days from the passage of this ordi- CITY OF YOUNGSTOWN, OHIO 143 nance, accept the rights, privileges and franchises hereinbe- fore set out, and pay the costs of publishing this ordinance. Sec. 3. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed in Council this 29th day of January, A. D. 1900. (Now owned by Youngstown Consolidated Gas & Electric Comi)any.) No. 8. SPECIAL ORDINANCES. Vol. 10, Page 496. AN ORDINANCE, Granting The Youngstown Consolidated Gas & Electric Com- panj'', Its Successors and Assigns, the Right to Make the Excavations Necessary for the Purpose and to Lay and Maintain Pipes Thereon for the Transportation of Water, in the Parts of North Avenue and Federal Street Herein- after Named, and Prescribing the Terms Under Which the Same May be Done. Be it ordained by the Council of the City of Youngstown, State of Ohio, as follows : Section 1. That the Youngstown Consolidated Gas & Elec- tric Company, its successors and assigns, be, and it and they hereby are. granted the right and privilege to enter upon North Avenue and Federal Street between the power plant of said Company situated at the northeasterly corner of North Avenue and the right of way used by the Erie Railroad Company, and the northeasterly lino of In-lot Number Fifteen Hundred and Thirty-Seven (1537), fronting on the southwesterly side of Federal Street in said city, and the sidewalk of North Avenue in front of said power plant and in front of said In-lot on Fed- RAILWAY AND LIGHTING ORDINANXES I44 eral Street, and to make the excavations in said parts of said streets and under said sidewalk necessary for the purpose and to lay and maintain pipes therein for the transportation of water to and from the said power plant of said company. Sec. 2. That said pipes shall he laid and maintained below the frost line; that the work of excavatinsr for. and the laying of said pipes shall be done under the supervision of the Board of Public Service and the Engineer of said City; that said parts of said streets shall be restored by said company, its successors and assigns, to the same condition of usefulness in which they were before such excavations were made, and such pipes laid, and that all city sewers, and the sewers, pipes and appliances of other persons or companies injured or interefered Avith by the excavations and the laying of pipes herein authorized, shall he repaired by and restored to their former condition of useful- ness by the said company, its successors and assigns. Sec. 3. That said The Youngstown Consolidated Gas & Electric Company shall, within thirty (30) days from the pas- sage of this ordinance. l)y writing, filed with the clerk of th" City of Youngstown. Ohio, accept this ordinance and agree to be bound by the terms thereof. Sec. 4. This ordinance shall take effect and ])e in force from and after the earliest period allowed by law. Passed in Council this 24th dav of Jul v. A. D. 1905. INDEX The Mahoning Valley Railway Company — Pag«i Application 5 Franchise 15 Acceptance 37 Wick Avenue Extension — A[)plication 10:1 Franchise 107 Acceptance 113 The Youngstown & Sharon Street Railway Company — Application 41 Franchise 49 Acceptance 67 The Youngstown Park & Falls Street Railway Company — Application 71 Franchise 79 Acceptance 99 The Youngstown Consolidated Gas & Electric Company — Ordinance anthorizingr contract with the City of ' !?i Younsrstown 117 ■!r> Bond 121 Operating Franchises — Augustus B. Cornell, Artificial Gas — 1865 127 Bales ]\1. Campbell. Thomas E. Davey, Louis W. King— Electric Light— 1890 130 Youngstown Electric Light Company — Electric Light— 1891 135 The ]\Iahoning Electric Light Company — Arc Elec- tric Light— 1891 135 Henry F. Kaercher. Electric Light— 1894 137 Electric Light and Power— 1895. 139 Extension of Franchise — 1900. . 141 The Youngstown Consolidated Gas & Electric Com- pany — Water Pipe North Ave. and Federal St 143 ^J ^^c :M UNIVERSITY OF ILLINOIS URBANA 3 0112 062377632 ^•.