THE UNIVERSITY OF ILLINOIS LIBRARY ^' 2.0771 ve)07 T' y !/ * r ar". ✓ / • / ijjij f. /^%V' *»'. '^v 1 , riiary 5th, 1890. For a complete record of the pro- ceedings in the matter of incorporation, see Record ot Incorporations, Volume 2, page 17 1, in the office ot the Recorder of Mahoning County, Ohio.) 907 Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedordinanceOOIowe v-7 Cjf' - 33 .n /907 o r") REVISED ORDINANCES TABLE OF CONTENTS CHAPTER 1. CHAPTER H. CHAPTER III. CHAPTER IV. CHAPTER V. CHAPTER VI. CHAPTER VII. CHAPTER VIII. CHAPTER IX. CHAPTER X. CHAPTER XI. CHAPTER XIL CHAPTER XIII. CHAPTER XIV. CHAPTER XV. CHAPTER XVI. CHAPTER XVII. INDEX— Preservation of public peace and safety. Protection of public property. Prevention of nuisances. Suppression of certain places and practices. Regulation of places where intoxi- cating liquors are sold. Regulation of public ways and public grounds. Regulation of railroads. Prohibition or restraint of animals running at large. Granting of licenses. General control of streets. Relating to street grades. Relating to sidewalks. Relating to finance and taxation. Relating to Council. Relating to executive officers. Relating to the qualification and compensation of officers. Relating to the Mayor’s Court. to Revised Ordinances. 1 0437 1 5 AN ORDINANCE To revise, codify, re-arrange and publish in book form the General Ordinances of the Village of Lowellville, State of Ohio, under appropriate titles, chapters and sections. Be it Ordained by the Council of the Village of Lowellville^ State of Ohio: That the General Or- dinances of said Village in force on the first day of March, 1907, be and are hereby revised, codified, re-arranged and ordered published in book form under appropriate titles, chapters and sections as follows: Title I. ORDINANCES UNDER GENERAL POWERS CHAPTER 1. ORDINANCES FOR THE PRESERVATION OF THE PUBLIC PEACE AND SAFETY. Section i. Disturbance. — Any person who disturbs the good order and quiet of said Village, by clamor and noise in the night season, or by intoxication, drunk- enness or fighting; or by using obscene or profane lan- guage in the streets or other public places, to the annoy- ance of the citizens; or who otherwise violates the public peace by indecent or disorderly behavior, shall be fined in any sum not exceeding twenty-five dollars. Section 2. Disorderly House. — Any person who, being the keeper or occupant of any house, building, room, shed or other structure in said Village, permits therein any noise and disturbance, or any immoral or disorderly behavior tending to disturb the public peace and quiet, shall be fined in any sum not exceeding forty dollars. Section 3. Disturbing Meetings. — Any person who willfully interrupts or disturbs any public or private meeting or assembly of persons, met for a lawful pur- pose, shall be fined in any sum not exceeding twenty- five dollars. Section 4. Intoxication. — Any person found in a state of intoxication, shall be fined in any sum not ex- ceeding ten dollars. (Passed May 27th, 1890. Bk. i, p. 23.) Section 5. Resisting Officers. — Whoever resists, ob- structs, or abuses the Mayor, Marshal, Deputy Marshal, 6 or any other officer of said Village in the execution of any of the duties of his office, or resists, obstructs or abuses any person lawfully assisting any such officer in the execution of any of the duties of his office, or resists, obstructs or abuses any person in the performonce of any duty, under the lawful direction or authority of the Council, shall be fined in any sum not more than fifty dollars ($50.00) or imprisoned not more than thirty days (30) or both. (Passed October 3rd, 1892. Bk. i, p. 80.) Section 6. Firearms and Fireworks . — It shall be unlawful for any person or persons to fire or discharge any cannon, rifle, gun, revolver, pistol, or firearms of any kind, or to fire, explode or discharge any rocket, roman candle, firecracker or other fireworks of any kind or de- scription within the limits of said Village. Section 7. Exceptions . — Preceding Section 6 shall not apply to the use of firearms in the lawful defense of the person, family or property of any person, nor to the Marshal or other officer in the lawful discharge of his duty. Section 8. Suspension . — The operation of said Sec- tion 6 shall be suspended on the Fourth of July and per- mission is hereby given to fire or discharge firearms and fireworks on that day. The Mayor may at any other time suspend the operation of Section 6 for not more than one day and permit the discharge of such firearms and fireworks as he may deem proper, by giving public notice of such suspension and permission by posting no- tices in not less than three public places within said Vil- lage, for at least one day prior thereto. Section 9. Penalty . — Any person violating any pro- vision of the preceding Sections 6, 7 and 8 shall be fined in any sum not more than twenty-five ($25.00) dollars. (Passed May 15th, 1893. Book r, p. 84.) 7 Section io. Fast Driving , — It shall be unlawful for any person to ride or drive, any horse or other animal, in such manner as to endanger and unreasonably incom- mode any person within said Village, or at a rate of speed exceeding five miles an hour, upon any street; lane, square or public highway, within said Village. Section ii. Penalty , — Whoever violates any of the provisions of the preceding Section lo, shall, on convic- tion thereof, be fined in any sum not less than two dol- lars, nor more than ten dollars, or imprisoned not more than ten days, or both. (Passed January 2nd, 1893. Bk. i, p. 83.) Section 12. Climbing upon Railroad Cars . — Any person who climbs, jumps, steps or stands upon or clings or in any way attaches himself to any locomotive, engine or car upon any part of the track of a railroad, unless in so doing he acts in compliance with law or by permission under the lawful rules and regulations of the corporation then operating such railroad, shall be fined not more than twenty-two dollars. (Passed June 6th, 1894. Bk. i, p. 94.) CHAPTER II. ORDINANCES FOR THE PROTECTION OF PUBLIC PROPERTY. Section 13. Street Lamps etc . — Any person who shall wilfully or maliciously or carelessly break, deface, or in any way injure, destroy or remove any street lamp or lamp post, or lantern of any kind, or wilfully and ma- liciously extinguish any such street lamp or lantern be- longing to or put up under the direction or permission of the Village, shall be fined in any sum not more than twenty-five dollars ($25.00) or imprisoned not more than twenty (20) days, or both. (Passed February 5th, 1894. Bk. i, p. 87.) 8 Section 14. Electric Works Property. — No person shall wilfully or maliciously or negligently destroy, dis. connect, displace, cut, break, tap, ground or make any connection with, or in any way interfere with any of the poles, cables, wires, lamps or transformers, electrical ap- paratus, buildings, appliances or machinery of any kind used in the construction of or in operating of the electric works of said Village. Section 15. Accessories^ Etc. — No person shall wil- fully or maliciously aid, agree with, employ or conspire with any other person or persons to do any of the acts forbidden in the preceding Section 14. Section 16. Posting Advertisements 07 i., Etc. — No person shall stick, post, nail, tack or attach in any way any advertisement, poster, sign, hand bill or placard of any description upon, or drive any nails, tacks or other metallic substance into any electric light pole within said Village without first having obtained consent from the Board of Trustees of Public Affairs of said Village. Section 17. Pe?ialty. — Any person violating any of the provisions of the preceding Sections 14, 15 aud 16, shall be fined in any sum not exceeding fifty dollars. (Passed June 20th, 1900. Bk. i, p. 196.) CHAPTER HI. ORDINANCES FOR THE PREVENTION OF NUISANCES. Section 18. Phosphates and Fertilizers. — It shall be unlawful for any person or persons, partnership or corpo- ration to keep or store, in any warehouse, shop, store, or other building, enclosure or any other place within the limits of said Village, any offensive, or obnoxious phos- phates, or other offensive fertilizers, or to keep or permit the same to remain in any car within said Village for a longer period than twenty-four hours. Section 19. Phosphates., Etc.., continued. — It shall be unlawful for any person or persons, partnership, or cor- 9 poration to keep or permit any oflfensive, or obnoxious phosphates or other offensive fertilizers to remain upon any standing wagon, or other vehicle upon any of the streets, alleys, avenues, lanes, public grounds, enclosures or any place within the limits of said Village for any length of time whatever. Section 20. Penalty . — Any person or persons, part- nership or corporation violating any of the provisions of either Section 18 or 19, shall upon conviction thereof before the Mayor be fined in any sum not exceeding twenty dollars. (Passed October 3rd, 1892. Bk. i, p. 81.) Section 21. Filth and Rubbish . — No person shall, without the permission of the Council previously ob- tained, throw or deposit or permit to be thrown or de- posited, any filth, dirt, filthy water, ashes, shavings, straw, wood, earth, stones, manure, refuse matter, or rub- bish of any kind upon any street, alley or other public way or public ground of said Village to the annoyance of any of the citizens thereof; nor shall any person suffer any filth, or other matter as aforesaid to remain upon any premises owned or occupied by him, to the annoyance of any of the citizens of said Village. Section 22. Penalty . — Any person violating any of the provisions of the preceding Section 21, shall be fined in any sum not more than twenty dollars. (Passed May i8th, 1891. Bk. i, p. 43.) CHAPTER IV. ORDINANCES FOR THE SUPPRESSION OF CERTAIN PLACES AND PRACTICES. Section 23. Ganiblmg Roo?ns^ Etc . — No person shall keep any' building, room, premises or other structure, or place, to be used or occupied for gambling; and no person shall permit any building, room, premises or other struc- ture, or place of which he has the care or possession, to lO be used or occupied for gambling, or permit any game whatsoever to be played therein for any sum of money or other thing of value, upon or by means of any instrument or device whatsoever; and no pf‘rson shall rent any build- ing, room, premises or other structure, or place of which he is the owner, to be used or occupied for gam- bling, or permit the same to be used or occupied for such purpose; and an owner of any such place who knows that the same is used or occupied for gambling or that any gambling instrument or device is used or kept therein for gambling, shall be deemed to have rented and permitted the same to be used or occupied for such purpose, unless he shall forthwith make complaint against the person so using or keeping the same. Section 24. Gaynbling , — No person shall play at any game for any sum of money or other thing of value, or make any bet or wager for any sum of money or other thing of value. Section 25. Pejialty . — Any person violating any provision of preceding Sections 23 and 24, shall be fined in any sum not more than fifty dollars, and all gambling instruments or devices used or kept by any person in violation of Sections 23 and 24, shall be seized, and upon conviction of such person, shall be destroyed, provided that if any person called upon to testify in behalf of the prosecution upon any complaint for any violation of Sec- tions 23 and 24, shall disclose, in his testimony, any fact tending to expose him to prosecution or punishment for any violation of preceding Sections 23 and 24, he shall thereupon be discharged from all liability to prose- cution or punishment for the offense so disclosed by him. (Passed February 2nd, 1891. Bk. i, p. 37.) Section 26. Houses of III Fame . — No person shall keep a house or place of ill fame or assignation, for the purpose of prostitution or lewdness or keep a house or place for persons to visit for unlawful sexual intercourse or for any other lewd, obscene or indecent purpose. II Section 27. Disoi'derly House. — No person shall keep a disorderly house or place of public resort by which the peace, comfort or decency of a neighborhood is disturbed. Section 28. Leasing Premises for. — No person or agent shall let or lease a place, building or any portion of a building knowing that it is to be used for any pur- pose forbidden in preceding Sections 26 and 27, or knowingly permit the same to be used. Section 29. Harboring Children in. — No person be- ing the keeper of such a house or place of ill fame, prostitution or assignation or of such disorderly houses shall keep or harbor or employ therein any child, either male or female, the same being over four and under six- teen years of age, or allow such child to remain in or about such house. Section 30. Residing in^ etc. — No person shall re- side in or resort to any house of ill fame for the purpose of prostitution or for the purpose of aiding, encouraging, assisting or abetting the same as musician, servant, em- ployee, lodger, boarder, visitor or otherwise. Section 31. Resorting to. — No person shall resort to any disorderly house or place for the resort of persons of bad reputation or where persons of bad reputation or immoral character commonly resort. Section 32. Penalty. — Any person violating any ot the provisions of the preceding Sections 26, 27, 28, 29, 30 and 31 shall upon conviction thereof be fined in any sum not less than one dollar ($1.00) and not more than three hundred dollars ($300.00). Sectiojst 33. Abatement. — The houses, buildings, portion of buildings and places mentioned in Sections 26, 27, 28, 29, 30 and 31 are hereby declared to be public nuisances, and upon the conviction of any person under 12 Sections 26, 27, 28, 29, 30 and 31, the Mayor shall order the nuisance abated. (Passed February 5th, 1906. Bk. 2, p. 21 1, 212.) CHAPTER V. ORDINANCES FOR THE REGULATION OF PLACES WHERE INTOXICATING LIQUORS ARE SOLD. Section 34. Closing . — It shall be unlawful for any person or persons to sell or offer for sale any intoxicating liquors, whether distilled, malt, or vinous, on the first day of the week, commonly called Sunday, and during the remainder of the week between the hours of eleven o’clock P. M. and five o’clock A. M.; all ale, beer or porter houses and all other places where such intoxicat- ing liquors are at any time sold or exposed for sale, ex- cept regular drug stores, shall on said first day of the week and at all other times between said hours during the remainder of the week, be kept securely closed. Section 35. Closing.^ continued . — It shall be unlawful for any person, by agent or otherwise, on the first day of the week, commonly called Sunday, or any time during the remainder of the week between the hours of eleven o’clock P. M. and five o’clock A. M., to permit any per- son to remain in or pass into or out of any ale, beer or porter house, or any other place where intoxicating liquors, whether malt, distilled or vinous, are at other times sold or exposed for sale, except regular drug stores, and over which place such person has as owner, proprie- tor or employee, any control whatever. Section 36. Closing.^ continued . — It shall be unlawful for any person on the first day of the week, commonly called Sunday, or between the hours of eleven o’clock P. M. and five o’clock A. M. during the remainder of the week, to remain in or pass out of or to knowingly 13 enter any ale, beer or porter house or any other place where intoxicating liquors are sold or exposed for sale, except at regular drug stores, but this and the preceding Sections 34, 35 and 36 shall not be deemed to prohibit any police officer of the Village from entering or passing out of said place at any time for the purpose of discharg- ing his duty as such officer, or the proprietor thereof from entering therein for the purpose of lighting said place or extinguishing the lights therein or for any other necessary legitimate purpose. Section 37. Screens . — It shall be unlawful for any person or persons owning or conducting such ale, beer or porter house or place where intoxicating liquors are sold, to have the windows or the glass in the doors of the room or rooms where such business is carried on covered or obstructed by shades, blinds, screens or any obstructions or coverings whatsoever which shall prevent a free view from the outside thereof of the interior of the room or rooms wherein said business is carried on during the fol- lowing hours, to-wit: From Saturday at eleven o’clock P. M. to the following Monday at 5 o’clock A. M., and the remainder of the time or week from eleven o’clock P. M. to five o’clock A. M. Any person or persons own- ing or conducting ale, beer or porter houses or places where intoxicating liquors are sold or exposed for sale and having such screens, shades or blinds or other ob- struction or covering hereinbefore mentioned shall re- move the same and keep the same removed during the hours and times hereinbefore mentioned; every such room shall be constructed or arranged so that it shall have at least one glass window or at least one door with glass therein, through which a free and unobstructed view may, be had of the interior thereof. Section 38. Penalty . — Any person violating any of the provisions of Sections 34, 35 and 37, shall upon con- viction thereof be fined in any sum of not less than 14 twenty-five dollars, nor more than one hundred dollars, and any person violating any of the provisions of pre- ceding Section 36, shall upon conviction thereof be fined in any sum not less than one Inor more than five dollars; and any person convicted of violating Sections 34, 35, 36 and 37, shall stand committed until fine and costs are paid or otherwise discharged by due course of law. (Passed June 4th, 1906. Bk. 2, p. 242.) CHAPTER VI. ORDINANCES FOR THE REGULATION OF PUBLIC WAYS AND PUBLIC GROUNDS. Section 39. Trimming Trees . — The owners or agents of the owners of any lot or parcel of land fronting on any street or public ground within said Village, shall trim or cause to be trimmed the branches from trees in front of or on such lot or land near which street lamps are or may be placed so as not to obstruct the light upon the streets and sidewalks, and shall trim all branches overhanging the streets or sidewalks, so as to have a clear height of eight (8) feet above the surface of the sidewalks and roadway. Section 40. Penalty . — Any person who violates or refuses to comply with any of the provisions of the pre- ceding Section 39, shall be fined in any sum not more than twenty-five dollars. (Passed October 22d, 1891. Bk. i, p. 69.) Section 41. Trimming Trees., continued . — The own- er or the agent of a non-resident owner, of any lot or parcel of land fronting on any street, alley or public ground in said Village, in which shade trees are planted and growing, shall trim, or cause to be trimmed, the branches from the trees in front of such lot or parcel of land, so as not to obstruct the passage of light from street lamps to the street and sidewalk, and so as not to inter- 15 . fere with the construction, operation and maintenance of any electric light line, wire, pole or fixture belonging to the municipal Electric Light plant or system of said Village, and if any such owner or agent fails or refuses to comply with the requirements of this section, after being notified to do so, by two days notice, in writing, served upon such owner or agent personally, or left at his usual place of abode by, or by the order of The Board of Trustees of Public Affairs of said Village, it shall be the duty of said Board of Trustees to cause said trees to be trimmed as aforesaid at the expense of the owner of the property in front of which the Board may cause such trees to be trimmed, and report to Council the amount of such expense, for collection in the manner provided by law. (Passed July 7th, 1902. Bk. i, p. 239, 240.) Section 42. Awnings aiid Signs . — No person shall construct, have or maintain any awning or other cover- ing that shall project over the sidewalk of any street in said Village of any material other than textile fabric with necessary frames of iron to support the same, and such frame and awning shall be adjustable, all awnings and signs which project over any sidewalk shall be ele- vated at least seven (7) feet at the lowest part thereof above sidewalk, all awnings heretofore erected in a differ- ent manner shall after notice from the Mayor be imme- diately removed. (Passed June 4th, 1906. Bk. 2, p. 241.) Section 43. Cleaning Sidewalks.^ Etc . — The occu- pant of any building or tenement, or the owner of any unoccupied building or vacant lot, fronting upon any street, avenue, square, park, common, lane or alley with- in said corporation, shall clean or cause to be cleaned, the sidewalk and gutter in front of such building, tene- ment or unoccupied building or vacant lot, of snow, ice, dirt and filth, by nine o’clock in the forenoon of each i6 day, and cause the same to be kept clean and free from snow, ice, dirt, filth and weeds. Section 44. Penalty , — Whoever violates any provis- ion of preceding section 43, shall be fined five dollars ($5.00) or imprisoned not less than five nor more than ten days, or both. (Passed June 19th, 1893. Book i, p. 86.) CHAPTER VIL ORDINANCES FOR THE REGULATION OF RAILROADS. Section 45. Obstruction of Street Crossings . — No No locomotive or railroad car or train of cars shall be permitted to stand upon or across any crossing of any street, alley or other public way in said Village for any period longer than five minutes, and when any locomo- tive, car or train has crossed any such street, alley or public way, such locomotive, car or train shall not re- cross, nor shall any other locomotive, car or train cross such street, alley or other public way, until all persons detained shall have had full time to cross the railroad tracks. Section 46. Penalty . — Any engineer, conductor or other railroad employee or railroad company violating any of the provisions of the preceding Section 45, shall be fined in any sum not exceeding fifty dollars. (Passed April 20th, 1891. Bk. i, p. 41.) Section 47. Speed . — No locomotive or railroad car or train of cars, shall be run at a greater rate of speed in any direction than fifteen (15) miles per hour between the following limits in said Village, to-wit: On the North side of the Mahoning River between the West line of McGill Street and the East line of Sixth Street; and on the South side of the Mahoning River, between the cor- poration limits on the West, and the direct extension of the East line of Sixth Street on the East. 17 Section 48. Penalty , — An engineer, conductor or railroad company violating any of the provisions of the preceding Section 47, shall be fined in any sum not less than five ($5.00) dollars, and not more than fifty ($50.00) dollars. (Passed July 6th, 1891. Bk. i, p. 53.) Section 49. Whistles , — No steam whistle, upon any railway locomotive, shall be sounded or used within the limits of the Village of Lowellville except such whistle be sounded when in the exercise of ordinary care it shall be necessary to do so in order to prevent a directly impend- ing collision or when there is unusual and immediately impending danger of destroying life or injuring persons or property by such locomotive. Section 50. Penalty . — Any person, company, firm or corporation violating any provision of the preceding Section 49, shall be fined not less than one dollar ($1.00) nor more than fifty dollars ($50.00) which fine may be recovered by prosecution or cjyil action before any court of competent jurisdiction. (Passed February 19th, 1906. Bk. 2, p. 218.) CHAPTER Vni. ORDINANCES FOR THE PROHIBITION OR RESTRAINT OF ANIMALS RUNNING AT LARGE. Section 51. Horses,, Etc . — No person being the owner or having charge of any animal of the horse, mule, cattle, sheep, swine, goose, or goat kind, shall permit the same to run at large on any open lot, street, alley or other public ground within the corporation. Section 52. Exception . — The preceding Section 51 shall not be construed to prohibit or interfere with the i8 driving of said animals through the streets to and from pasture fields, or for other lawful purposes. Section 53. Penalty . — Any person violating any provision of preceding Sections 51 and 52, shall be fined in any sum not more than ten dollars, and this penalty shall be in addition to any charge or penalty that may be prescribed in any ordinance providing for the im- pounding of said animals. (Passed May i8th, 1891. Bk. i, p. 44.) Section 54. Registration of Dogs . — The owner, keeper or harborer of every dog within the Village of IvOwellville, shall be required to have the same regis- tered with the Clerk of said Village, and shall pay for such registration the sum of fifty cents (50c) for each male or splayed female dog or whelp and one dollar ($1.00) for each unsplayed female dog or whelp, which sum of money shall be placed to the credit of the General Fund, and paid into the Village treasury; and a fee of ten (loc) cents to be paid to the Village Clerk by the person registering each animal, for his services rendered in such registration. Section 55. Certificate of Registratioji . — The Vil- lage Clerk shall give a receipt and a certificate of regis- tration bearing the signature and official seal of the Vil- lage Clerk, and containing also a description of the ani- mal so registered, the name and place of residence of the person owning, keeping or harboring the same, and the place where the animal so registered is kept, and also give a metal tag hereinafter required, which certificate of registration shall not be transferable. Section 56. Tags and Penalty . — Bach year the Vil- lage Clerk shall procure metal tags having stamped thereon the number of the year in which the license is issued, and the letters V. of B. M. D. for male dogs. 19 and V. of L. F. D. for female dogs, as the case may be. Any person counterfeiting the aforesaid tags or placing any except the authorized tag upon the collar of a dog, shall be subject to a fine of not more than twenty-fivC dollars ($25.00). Section 57. ^ Collar , — Every dog so licensed shall wear a collar around his neck with the metal tag afore- said securely fastened to it. In case any tag, duly issued) shall be lost, the owner thereof may on presentation ot his certificate and payment of ten cents (.10) to the Vil- lage Clerk make proof of loss, and receive another simi- lar tag as a substitute thereof. The Village Clerk may require a sworn statement as proof of loss. Section 58. Records and Reports , — It shall be the duty of the Village Clerk to keep a book in which he shall record a duplicate of every certificate issued and shall report to the Council, at the first regular meeting of each month, the number of certificates issued and also the amount of tax received. Section 59. Annual Notice , — The Village Clerk shall in January of each year cause to be published in two daily papers of general circulation in said Village, a warning notice of the requirements of this ordinance. Section 60. Dog Marshal^Etc . — If any dog described in preceding Section 54, shall be found running at large upon any street, sidewalk or public ground of the Village contrary to the several requirements of preceding Sec- tions 54, 55, 56, 57, 58 and 59 respecting registration, collar and tag, it shall be the duty of the Marshal of the Village and of each deputy Marshal, and of any officer appointed for that purpose, to capture said dog, and if the same cannot be captured, it may be killed by the officer in pursuit. Every dog not wearing the aforesaid collar and tag is hereby declared unregistered. 20 Section 6i. Impounding a 7 td Rede^nption, — Every dog thus captured shall be confined in the Village pound, or some other public place to be provided by the Council for the purpose; and if not redeemed by the- owner, har- borer or keeper of the same within 24 hours from the time of the capture, said dog shall be killed. When so redeemed said owner, harborer or keeper of the same shall pay for every dog of the male kind the sum of fifty cents (.50) and for every dog of the female kind the sum of one dollar ($1.00) which several amounts shall be paid into the Village treasury and placed to the credit of the General Fund. Section 62. Hindering Officers. — Any person who shall hinder, obstruct or resist any officer in the enforce- ment of preceding Sections 54, 55, 56, 57, 58, 59, 60, 61 and 62, or shall aid in the release of any dog when so captured may be fined in any sum not to exceed ten dollars ($10.00). Section 63. Term of Registration. — Such registra- tion shall have effect for one year from the time of its date and shall be renewed annually on the same terms. (Passed February 19th, 1906. Bk. 2, p. 219, 220, 221 and 222.) CHAPTER IX. ORDINANCES FOR THE GRANTING OF LICENSES. Section 64. Auctions. — No person shall sell at auction vendue or public outcry, within the limits of the Village of Eowellville, Ohio, any goods, wares or merchandise imported into the corporation for the purpose of being sold at auction, without first obtaining a license therefor. Section 65. License. — The Mayor shall make out and deliver to any person applying for the same, an auc- tion license upon payment to him by such person of the 21 sum of five dollars for each day, or fifteen dollars for each week such auction shall continue. Section 66. Penalty . — Whoever violates any pro- vision of preceding Sections 65 and 66, shall be fined in any sum not less than five dollars nor more than fifteen dollars. (Passed June 17th, 1890. Bk. i, p, 27.) Section 67. Exhibitions and Shows . — It shall be un- lawful for any person to exhibit or perform, or cause to be exhibited or performed, within the limits of the Vil- lage of Lowellville, Ohio, any theatrical exhibition, 'public show, or exhibition of whatever name or nature for which money or other reward is in any manner de- manded or received, without first obtaining a license therefor. Section 68. License . — The Mayor shall make out and deliver to any person applying for the same, a license upon the following sums being paid to him by such persons: ist, for a circus, menagerie of animals, or other show or exhibition performed or exhibited under a tent, or other temporary structure, five dollars for each day of performance or exhibition; 2nd, the owner or lessee of any hall or opera house shall upon payment of fifteen dollars receive a license good for one year from date of issue for all shows or exhibitions held in said hall or opera house; 3rd, for all other shows or exhibi- tions, one dollar for each day of performance or exhibi- tion. Section 69. Exceptions . — Lectures upon scientific, historic or literary subjects and concerts, exhibitions or other amateur performances, given or made by citizens of this Village, or for charitable purposes, shall not come within the provisions of preceding Sections 66 and 67. 22 Section 70. Penalty , — Any person violating any of the provisions of preceding Sections 68, 69 and 70, shall be fined in any amount or sum not less than two dollars nor more than ten dollars. (Passed March 7th, 1898. Bk. i, p. 108.) Section 71. Peddling . — No peddler shall sell or offer for sale any goods, wares or merchandise, or any article of value, within the limits of the Village of Lowellville, Ohio, without first obtaining a license therefor. Section 72. License . — The Mayor shall make out and deliver to any person applying for the same, a ped- dler’s license upon payment to him by such person: For two horses and a wagon, the sum of twenty-five dollars for an annual license, or fifteen dollars for a semi-annual license, or three dollars for a monthly license, or one dollar for a one day license. For one horse and wagon or motor vehicle, fifteen dollars for an annual license, or ten dollars for a semi-annual license, or two dollars for a monthly license, or seventy-five cents for a one day license. For a peddler without horse and wagon or motor vehicle, five dollars for an annual license, or three dollars for a semi-annual license, or one dollar for a monthly license. And every peddler while peddling shall carry his license, and shall exhibit the same if re- quested to any purchaser or Village officer. Section 73. Exceptions. — Preceding Sections 72 and 73 shall not be construed to require of any manufac- turer of any article manufactured by him, license or au- thority to vend or sell in any manner by himself or agent, any such article or product, nor shall be construed to apply to any person selling or offering for sale fruits, veg- etables, milk or agricultural produce of any kind of his own raising or production, nor to children under sixteen years of age who peddle newspapers. 23 Section 74. Restriction . — A license to peddle shall not authorize the person named therein to sell or offer for sale goods, wares or merchandise at auction, vendue or public outcry, nor to sell the same by the agency of any other person. Section 75. Penalty . — Whoever violates any provis- ion of preceding Sections 72, 73, 74 and 75, shall be fined not less than three dollars nor more than fifty dollars. (Passed Sept, ist, 1902. Bk. 2, p. 45, 46.) Title II. ORDINANCES OF A GENERAL NATURE UNDER SPECIAL POWERS. CHAPTER X. ORDINANCES RELATING TO THE GENERAL CONTROL OF STREETS. Section 76. Names of Streets . — The streets and public ways of said Village North of the Mahoning River shall be known and designated by the names by which they are designated upon the map of the territory incor- porated as said Village, and the streets and public ways of said Village South of said river shall be known and designated by the names by which they are designated upon the original town plat of McGillsville, except that the street designated on said plat as Water Street shall be known and designated as Railroad Street, and the street designated on said plat as Liberty Street shall be known and designated as Smith Street. (Passed April 20th, 1891. Bk. i, p. 42.) 24 Section 77. Monroe Street . — The street heretofore known and designated as Main Street shall be hereafter known and designated as Monroe Street. (Passed June 15th, 1891. Bk. i, p. 52.) CHAPTER XI. ORDINANCES RELATING TO STREET GRADES. Section 78. Base of Levels North Side . — The Stone Monument, situated on the East line of Second Street, distant fifty-one feet and eight inches, measuring in a Southerly direction, and along the East line of Second Street from the South-east corner of Wood Street and Second Street, shall be, and the same is hereby made and established the Standard Base of Eevels, and plans of reference for grades of streets, sewers, sidewalks and all other levels, in said incorporated Village North of the Mahoning River. The elevation of the top of said mon- ument shall be one hundred feet (100). Section 79. Base of Levels.^ South Side . — The Stone Monument situated on the East line of Washington Street, distant sixty feet and four inches, measuring in a South- erly direction and along the East line of Washington Street, from the South-east corner of Washington Street and Railroad Street, shall be and the same is hereby made and established the Standard Base of Eevels, and plans of reference for grades of streets, sewers, sidewalks, and all other levels South of the Mahoning River in said incorporated Village. The elevation of the top of said monument shall be fifty feet (50). (Passed April 6th, 1895. Bk. i, p. 95.) 25 CHAPTER XXL ORDINANCES RELATING TO SIDEWALKS. Section 8o. Construction mtd Repair. — All owners of lots and lands abutting upon any public highway, street, alley or public ground within said Village, shall, whenever required by a resolution of the Council, accord- ing to law construct, pave and keep in repair, good and sufficient sidewalks in front of their respective premises according to the grade established, and inj accordance with such plans and specifications as the Council may prescribe and under the supervision of the Council or a committee thereof, or such officer as the Council may designate. Section 8i. Constructioii and Repair., continued . — Whenever the owner of any lot or parcel of land shall fail, neglect or refuse to construct or pave any sidewalk, as provided in preceding Section 8o, within thirty days after the passage and service of any resolution of the Council requiring the same to be done, or fail, neglect or refuse to replace the same, within ten days after the passage and service of any resolution of the Council re- quiring such repairs to be made, such sidewalks shall be constructed, paved or repaired by the Council at the ex- pense of the owner, which expense shall be collected, with penalty and interest, from the owner in the manner prescribed by law. (Passed Sept. i6th, 1890. Bk. i, p. 32.) Section 82. Width . — The width of all sidewalks within said incorporated Village measuring from the curbstone thereof shall be as follows, to-wit: On all streets sixty (60) feet wide, eight (8) feet; on all streets fifty (50) feet wide, .seven (7) feet; on all streets forty (40) feet wide, six (6) feet; and on all streets less than forty (40) feet wide, six (6) feet. (Passed Sept. 14th, 1896. Bk. i, p. 115.) Section 83. Pavefuent. — The pavement of all side- walks upon any streets and parts of streets when a grade 26 has been or shall hereafter be established shall be of natural or artificial stone, which shall be constructed and kept in repair in accordance with the following specifi- cations : Width of Pavement . — On the North side of Water Street from First Street to Third Street, seven and one- half (7^) feet wide. On the North side of Water street from Third Street to Sixth Street, (five (5) feet wide. On the North side of Liberty Street from First Street to Fourth Street, five (5) feet wide. On both sides of Sec- ond Street from Water Street to Liberty Street, five (5) feet wide. On the West side of Third Street from Water Street to Liberty Street, five (5) feet wide. On the East side of Third Street from Water Street to Liberty Street, five (5) feet wide. On the East side of Washington Street from the Mahoning River Bridge to Railroad Street, five (5) feet wide. On the West side of Washington Street from the Mahoning River Bridge to Railroad Street, five (5) feet wide. On streets and parts of streets not other- wise specified, four (4) feet wide. Slope . — All sidewalk pavements shall incline toward the curb line one in thirty-eight except for special reas- ons, as at intersections, when the sidewalk shall be laid to such slope as may be necessary to conform to inter- secting grades. Material for Natural Stone Pavements . — Stone shall be of best quality sawed stone of uniform texture, of smooth and true upper surface and not less than two and one-half (2^) inches thick. All natural stone walks shall be constructed with one stone in width. The edges shall be made square and smooth so that the joints will fit close and be of even height. The cross joints shall be not more than two and one-half (2^) inches out of square in a five (5) foot walk, nor more than two (2) inches in a four (4) foot walk. The edges of the stone forming the cross joints shall be dressed straight and true, so that when laid the joints shall be close at the upper surface of the stone and not over one-eighth ( yi) 27 inch wide at a distance of one and one-half (i^) inches from the surface down. The edges of stone when laid shall be pitched off to straight lines so as to make a pave- ment of the full specified and uniform width. Care shall be taken to trim the edges to a true line and nowhere in the depth of the flagging shall the stone be broken under this line more than one-half inch. The stone chips shall be cleaned away from both edges of the pavement. The new sidewalk pavement must be laid for the full length of the same and to the grade established and shall make an even junction with any connecting sidewalk heretofore constructed by order of Council. And in case there is no such connecting sidewalk the earth shall be graded from the end of the new sidewalk at a grade not steeper than eighteen (i8) inches in ten (lo) feet and left in the same condition of surface as before. Grading for Natural Stone. — The earth shall be ex- cavated for a width of two (2) inches on each side greater than the width of the pavement to be laid and to a uni- form depth of six and one-half (6^) inches below the top of the flagging when laid. The lawn or space between the curb line and sidewalk pavement shall be graded in cuts far enough to allow the free flow of water away from the sidewalk and in fills the earth shall be banked up to protect ballast. Ballast for Natural Sto 7 ie. — The flagging shall be laid on a bed of (mill ashes) or gravel put in four (4) inches in depth two (2) inches wider on either side than the width of walk to be laid. The ashes to be clean and clinkers to be excluded or broken. The ballast shall be filled high enough to bring the surface of the flag one inch above the grade, and the flag shall be racked back and forth with bars until surface of the flag is settled to the exact grade. Grading for Artificial Sto 7 ie. — The earth shall be ex- cavated for a width of three (3) inches on each side greater than the width of the pavement to be constructed and to a uniform depth of eight (8) inches below the top sur- 28 face of the pavement when completed. The lawn or space between the curb line and sidewalk pavement shall be graded in cuts far enough to allow the free flow of water away from the sidewalk and in fills the earth shall be banked up to protect ballast. Sub-Base or Foundation for Artificial Stone . — The sub-base or foundation for artificial stone sidewalk pave- ments shall be built of mill ashes or gravel not less than four (4) inches deep; shall be tamped to a uniform degree of firmness and shall extend three (3) inches on either side of pavement. Ashes shall be clean and hard with clinkers excluded or finely broken. Concrete Base for Artificial Stone . — The concrete base for artificial stone sidewalk pavement shall be not less than three (3) inches deep made of one (i) part cement to six (6) parts of clean, sharp, coarse sand or gravel. The said cement to be thoroughly mixed dry and made into stiffer mixture with the least possible amount of water, then spread over the sub-base and well and evenly com- pact by tamping to a height not higher than one (i) inch below grade to receive the wearing surface. Wearing Surface of Artificial Stone . — The wearing surface of artificial stone sidewalk pavement shall not be less than one (i) inch in thickness and shall consist of one (i) part cement to two (2) parts of coarse screened sand. The sand and cement to be thoroughly mixed dry and just sufficient water added that when tempered into mortar and well tamped upon the base, water will rise upon the surface after which it shall be stroked with a straight edge and floated and troweled to a true finish exactly to grade and slope. The sidewalk pave- ment shall be put in between guide strips securely fastened to grade and line and laid in sections four (4) to five (5) feet long with a square vertical joint through the depth of the concrete. The joints to be made by a strip of paper or by equivalent means. On steep grade the walks shall be floated to a rough grained surface. 29 Material for Artificial Stone. — The cement to be used in the construction of the above artificial stone sidewalk pavement shall be Portland cement of the best quality or a cement that in the judgment of the Council is equal to this. The sand shall be clean, sharp, screened sand con- taining not more than five (5) per cent of loam. Cleaning Up. — Surplus earth, spawls and rubbish shall be removed and the streets left clean and in good order in front of each premises as soon as the sidewalk is completed. Depositing Materials. — Any person snail be entitled to occupy in front of any premises for the purpose of sidewalk construction or repair, one-third {yf) of the width of the street between curb lines, but shall not occupy within three (3) feet of any street railway track or steam railway track and shall keep the streets, gut- ters, clean and unobstructed at all times. Control of Work. — The work of constructing and re- pairing sidewalks shall be under the immediate control of the Council, or of an engineer or inspector appointed by the Council for such purpose. No person shall begin work or deposit any sidewalk material in front of any premises until he has obtained the permit from the Council, or from the said engineer or inspector appointed by the Council, and if any sidewalk in the course of construction or repair shall not comply with the ordi- nances, resolutions, grades, plans and specifications pre- scribed by said Village for the constuction and repairing of said sidewalks, such permit may be revoked and the work stopped. Grade and line stakes shall be set by the Village and no permit shall be issued until the grade and line have been marked. No sidewalk shall be considered as approved by the Village until the same shall have been inspected by the Council or by said en- gineer or inspector and accepted by the Council. (Passed May 21st, 1906. Bk. 2, p. 233.) 30 CHAPTER XIIL ORDINANCES RELATING TO FINANCES AND TAXATION. Section 84. Depository for Village Fu 7 tds . — The Public monies coming into the hands of the Treasurer of said Village shall be deposited by said Treasurer in a bank to be designated as the depository for such money by the Council of said Village in the manner herein- after provided. Section 85. Advertisements and Proposals . — Upon the taking effect of this ordinance, and thereafter when directed by the Council, the Village Clerk shall publish one time in oue newspaper printed and of general cir- culation in Mahoning County, Ohio, a notice which shall invite sealed proposals from the banks situated within said County, which proposals shall stipulate a rate of interest said bank will pay respectively for the use of public ijioney aforesaid. Section 86. Award . — At the regular meeting of the Council held next after the expiration of one week from the publication of such notice, the Council shall open such sealed proposals, and shall award the use of such money to the bank offering the highest rate of in- terest therefor, but if two or more banks offer the same high rate of interest therefor, the use of the money may be awarded to either of them or the Council may in any case reject all proposals and advertise for others in the manner aforesaid. Section 87. Bond . — No such award shall be bind- ing until there is executed by the designated bank and approved by the Council, a bond according to law, pay- able to said Village in the sum of Five Thousand ($5000.00) Dollars and conditioned for the receipt, safe keeping and the payment over as provided herein of all the money which may be deposited in such bank under and by virtue of this ordinance, together with the in- terest thereon at the rate specified in its proposal, and 31 further conditioned for the' faithful performance by the bank of all the duties imposed by law and this ordinance on the depository of such money. Section 88. Re- Award on Default . — If a bank to which an award is made as aforesaid fails to execute the required undertaking to the approval of said Council within one week after the award is made, Council may award the use of money to any other bank, the proposal of which offers the same rate of interest therefor as is designated in the proposal of such defaulting bank, or the Council may reject all bids and re-advertise for others in the manner above specified. And in case of any award after such default, the bank to which such award is made shall execute an undertaking as above provided. Section 89. 7 >rw, Additional Security.^ Etc . — The bank to which the award is made shall upon the accept- ance of such undertaking by Council, become the de- pository of the money aforesaid for the term of two years, but the Council may require additional security from the bank at any time it deems the same necessary in such sum as the Council shall designate, and if the bank refuse and neglect for a period of one week after notice of such requirement to give additional security, the removal of said money therefrom, forthwith, may be ordered by the Council, and thereupon the order for such removal shall be entered upon the records of pro- ceedings of the Council and the Village Clerk shall thereupon issue his warrant for the withdrawal of said money from the depository, and the Village Treasurer shall issue checks accordingly for its removal. Section 90. Deposits . — The Village Treasurer upon the receipt of a written notice from the Village Clerk, stating that the depository has been selected and nam- ing the bank selected, deposit in said depository all the money in his custody belonging to said Village and de- posit therein, thereafter, all the public monies of said 32 Village coming into his hands as such Treasurer, pro- vided, however, that the total of such money on deposit in such bank shall at no time exceed five-sixths (5-6) of amount of the undertaking, nor exceed the maximum amount limited by law. Section 91. Checks and Statements . — The deposi- tory shall pay out money deposited under the provisions of this ordinance only on the checks of the Village Treasurer, and such depository shall on the first day of each month render a statement to the Village Clerk, showing all deposits made to the credit of the Village and all checks of the Village Treasurer paid during the preceding month. (Passed February 5th, 1906. Bk. 2, p. 214.) Title III. ORDINANCES RELATING TO THE OR- GANIZATION OF THE VILLAGE. CHAPTER XIV. ORDINANCES RELATING TO THE COUNCIL. Section 92. Regular Meetings . — The regular meet- ings of the Council shall be held in the Mayor’s office in said Village on the first and third Mondays of each month at half-past seven o’clock P. M., standard time, from April to September inclusive, and at seven o’clock P. M., standard time, from October to March inclusive. (Passed Dec. 4th, 1899. Bk. i, p. 145.) Section 93. Special Meetings . — The Mayor or three members may call a special meeting of the Council, upon at least twelve hours’ written notice to each member, served personally or left at his usual place of residence. (Passed April 4th, 1904. Bk. 2, p. 114.) 33 Section 94. Places to Post Ordinances, — The fol- lowing places, to-wit: r. The Mahoning Valley Railway Station, Tiberty St., 2. The Pittsburg & Lake Erie- Depot, Third St., 3. Willis Collins’ Barber Shop, Water St, 4. The Leish Building on Water St., 5. W. J. Lomax’s Store on Washington St., are determined to be and designated as the five most public places in said Village of Lowellville, State of Ohio, at which copies of all ordinances, resolutions, statements, orders, proclamations, notices and reports which require publication shall be posted. (Passed Aug. ist, 1904. Bk. 2, p. 142.) CHAPTER XV. ORDINANCES RELATING TO EXECUTIVE OFFICERS. Section 95. Board of Trustees of Public Affairs . — There is created a Board of Trustees of Public Affairs for said Village, which shall consist of three (3) members who shall have the qualifications, and shall be chosen in the manner and for the term provided in Section 205 of an act entitled, AN ACT, “ To provide for the organization of cities and incorpo- rated villages, and to restrict their power of taxation, as- sessments, borrowing money, contracting debts, and loan- ing their credit, so as to prevent the abuse of such pow- ers, as required by the Constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent here- with,” passed October 22nd, 1902, and said Board shall organize in the manner and exercise all the authority, and have all the powers and perform all the duties pro- vided by said Section 205 of said act. (Passed March i6th, 1903. Bk. 2, p. 61.) Section 96. Deputy Marshals. — The Deputy Mar- shals of said Village shall be two in number, whose du- 34 ties and compensation shall be such as is or may be pro- vided by law. \_Note . — See amendment.] The period of service of Deputy Marshals shall begin on the first Monday in January in each year, and each Deputy Mar- shal shall serve for one year and until his successor is chosen and qualified. (Passed February 5th, 1906. Bk. 2, p. 209.) There is hereby provided for said Village, one Deputy Marshal, whose duties and compensation shall be such as is and may be provided by law, and ordinance. Passed March i8th, 1907. Thos. F. Varley, [Seal.] Mayor and Ex-Officio President of Council. F. C. Breneman, [Seal.] Clerk. Section 97. Dog Marshal . — An officer known as Dog Marshal shall be appointed by the Mayor by and with the consent of the Council, and shall hold office for one (i) year from and after the first Monday in January of each year, and until his successor is chosen and qualified. (Passed Feb. 19th, 1906. Bk. 2, p. 220.) AN ORDINANCE TO PROVIDE FOR POLICE PROTECTION* Be it ordained by the Council of the Village of Low- ellville. State of Ohio: Section I. Policemen and Night Watchmen . — There is hereby provided for said Village, two policemen and night watchmen, who shall be appointed by the Mayor, with the approval of the Council, and who shall hold their office for the term of one year, beginning on the first Monday in January of each year, unless sooner re- moved according to law or ordinance. Section 2. Qualifications . — Said policemen and night watchmen shall be electors residing within the limits of said Village and shall be not less than five (5) feet, eight (8) inches in height, and not less than one 35 hundred and fifty (150) pounds in weight, and not over forty-five (45) years of age. Said policemen and night watchmen shall, while on duty, wear a regulation police uniform, which each officer shall buy at his own ex- pense and each of such officers shall keep his uniform in neat and presentable condition. Section 3. Duties . — Said policemen and night watchmen shall perform all the duties and exercise all the powers, which are or may be imposed and conferred by law and ordinance upon policemen and night watch- men, and deputy marshals in Villages. And one of said policemen and watchmen shall be appointed and perform the duties of Health Officer of said Village and the other of said policemen and night watchmen shall be appointed and perform the duties of Fire Chief of said Village, such appointments to be made and approved as required by law and ordinance, provided that the provis- ion of this section relating to Health Officer shall not take effect until the office of the present Health Officer shall become vacant. Section 4. Duties^ continued . — Said policemen and night watchmen shall be under the general superintend- ence, direction and control of the Mayor and subject to his orders and the Mayor shall prescribe the hours dur- ing which said policemen and night watchmen shall be on duty, but said policemen and night watchmen shall be subject to call for duty when required at any time. Section 5. Suspension . — The Mayor shall have power to suspend any policeman and night watchman for neglect of duty, misconduct or other good cause, but all such suspensions and the cause thereof, shall be re- ported by the Mayor to the Council for their approval at the next regular meeting of Council thereafter, and the Mayor may appoint other persons to fill temporary va- cancies caused by suspension, absence or disability of any policeman or night watchman. 36 Section 6. Oath and Bond . — Each policeman and night watchman shall before entering upon his duties, take the required oath of office and give an official bond according to law as policemen and night watchmen, and health officers or fire chief as the case may be, in the penal sum of one thousand ($1000.00) dollars with sureties to the approval of the Mayor. Section 7. Compensation . — The compensation of each policeman for his services as policeman and night watchman, health officer or fire chief as the case may be, shall be forty-five ($45.00) dollars per month, payable monthly out of the general fund, and in addition thereto, shall receive such fees and costs as is or may be allowed by law and ordinance for services rendered in the per- formance of his duties. Section 8. Repeal . — All ordinances and resolutions and parts of ordinances and resolutions, inconsistent with this ordinance are hereby repealed. Section 9. Taking Effect . — This ordinance shall take effect and be in force from and after passage and legal publication. Passed March i8th, 1907. Section 98. Health Officer . — [See Police Ordinance.] In accordance with the provisions of Sections 1536-725 M. C. 187 of the Revised Statutes of Ohio, a Health Offi- cer shall be appointed for said Village instead of a Board of Health, the term of said Health Officer shall be one (i) } ear beginning on the first Monday in January in each year, and he shall serve until his successor shall be appointed and qualified, and that said Health Officer shall be appointed and approved as provided by law. (Passed April 6th, 1906. Bk. 2, p. 226.) Section 99. Fire Department . — There is established a Fire Department in and for the said Village, which shall consist of a Fire Chief and such number of volun- teer firemen as may be appointed from time to time. 37 Section ioo. Fwe Chief. — [See Police Ordinance.] The Fire Chief shall be appointed by the Mayor as pro- vided by law; shall have the qualifications required by law, and shall have and exercise all the powers conferred by law upon such officer. Section ioi. Duty of Fire Chief — It shall be the duty of the Fire Chief to be present at all fires except in case of unavoidable absence or disability, and he shall have command over all volunteer firemen and other persons engaged in the extinguishing of fires, and to have charge and control of all fire apparatus belonging to the Village, and keep the same in good order and repair, and to do all the other things necessary for the effective ex- ercise or performance of any power or duty conferred upon or required of him by law or ordinance. Section 102. Volunteer Firemen. — The volunteer firemen shall be appointed by the Fire Chief by and with the consent of Council, and may be removed by him with like consent, at any time, and all volunteer firemen shall serve without compensation from the Village. Section 103. Assistant Fire Chief. — The Fire Chief, by and with the consent of Council, may appoint one such volunteer fireman to be Assistant Fire Chief who shall perform the duties of Fire Chief in the absence or disability of such Chief, in which case he shall receive the compensation provided for the Fire Chief. (Passed Oct. ist, 1906. Bk. 2, p. 264.) CHAPTER XVL ORDINANCES RELATING TO THE QUALIFICATION AND COMPENSATION OF OFFICERS. Section 104. Oath., Etc. — [See Police Ordinance.] When any person is duly elected or appointed to any office of the Village, he shall before entering upon the duties of his office, and within ten days after due notice of his election, take the requisite oath of office, and enter 38 into a bond with sufficient sureties payable to the Vil- lage, and conditioned for the faithful performance of his duties, which bond shall be approved, deposited and pre- served in the manner provided by the Uw of Ohio. Section 105. Bonds . — [See Police Ordinance.] The bond of the Mayor shall be given with a penalty of one thousand dollars (#1000.00). The bond of the Clerk shall be given with a penalty of five hundred dollars (#500.00). The bond of the Treasurer shall be given with a penalty of two thousand dollars (#2000.00). The bond of the Marshal shall be given with a penalty of five hundred dollars (#500.00). The bond of each Deputy Marshal shall be given with a penalty of five hundred dollars (#500.00). The bond of the Street Commis- sioner shall be given with a penalty of three hundred dollars (#300.00). And the bond of each member of the Board of Trustees of Public Affairs shall be given with a penalty of one thousand dollars (#1,000.00). Section 106. Default . — If any person duly elected or appointed to any office of the Village shall fail or neglect to be qualified within the time, and in the man- ner provided in this ordinance, the Council may declare the office vacant, and such vacancy shall be filled in the manner provided by the law of Ohio. (Passed Dec. 15th, 1902. Bk. 2, p. 56.) Section 107. Compensation . — [See Police Ordi nance.] The compensation of the following Village of- ficers for services rendered in their respective offices and positions, or which they may be required to render as such Village Officers, is establshed as follows; payable quarterly: ist. Mayor . — The compensation of the Mayor shall be one hundred dollars (#100.00) per year in addition to fees allowed to him by statute, and this ordinance. The fees of the Mayor for his services as Magistrate in civil and criminal actions, and in prosecutions for the viola- tions of any ordinance of this Village shall be the same 39 as the fees fixed by statute for similar services before Justices of the Peace. The fees of the Mayor for issuing licenses shall be: For annual peddler’s licenses, auction licenses, and exhibition and show licenses, fifty (50) cents each. For all other licenses twenty-five (25) cents. 2nd. Clerk. — The compensation of the Clerk shall be one hundred dollars ($100.00) per year. 3rd. Treasurer. — The compensation of the Treasurer for the disbursement of moneys which shall come into his hands shall be as follows : On the first $5000.00 two per centum, On the next $5000.00 i per centum, On the next $10000.00 ^ of one per centum, and on the sum which may be disbursed by him in ex- cess of above amounts 1-5 of i per cent. 4th. Marshals. — The compensation of the Marshal shall be eighty dollars (80.00) per year, and the compen- sation of each Deputy Marslial shall be sixty dollars ($60.00) per year, and such compensation shall be in ad- dition to fees allowed to them by statute or this ordinance. The fees of the Marshal and Deputy Marshals, for their services in civil and criminal cases and in the prosecution for the violation of any ordinance of this Village, and as Police Officers, shall be the same as the fees fixed by statute for similar services by constable. 5th. Street Commissioner. — The compensation of the Street Commissioner shall be at the rate of one dollar and seventy-five cents ($1.75) per day for the time he actually works. 6th. Trustees 0/ Public Affairs . — The membejs of the Board of Trustees of Public Affairs shall serve with- out compensation, provided that any member serving as Clerk of the Board shall receive one hundred dollars ($100.00) per year. (Passed Dec. 15th, 1902. Bk. 2, p. 59.) Section 108. Councilmen . — Each member of the Council of said Village shall receive as compensation the 40 Slim of two (I2.00) dollars for each meeting of the Council at which he is present, not to exceed twenty- four (24) meetings in any one year. (Passed Feb. 5th, 1906. Bk. 2, p. 208.) Section 109. Dog Marshal , — The Dog Marshal shall give official bond in the sum of one hundred {$100.00) dollars with sureties to the approval of the Mayor. Any Marshal, Deputy Marshal or Dog Marshal who shall capture any dog in the enforcement of any ordi- nance to restrain dogs from running at large or requir- ing the same to be registered, shall receive the sum of twenty-five (25) cents for every dog so captured, to be paid out of the general fund. (Passed Feb. 19th, 1906. Bk. 2, p. 218.) Section no. Health Officer . — The Health Officer shall receive a salary of one hundred dollars {$100.00) per year, payable quarterly, and shall perform all the duties prescribed by law or ordinance to be performed by the Sanitary Policemen or the other Sanitary Officers without additional compensation than above mentioned. (Passed April 2nd, 1906. Bk. 2, p. 226.) Section hi. Dire Chief . — [See Police Ordinance.] The Fire Chief shall give an official bond to the Village in the sum of two hundred dollars ($200.00) and shall receive for his official services, compensation at the rate of fifty (50) cents per hour for the time he is actually and necessarily employed in such service. - CHAPTER XVH. ORDINANCES RELATING TO THE MAYOR’S COURT. Section 112. Complaint and Warrant . — All prose- cutions for the violation of any ordinance of the Village of Eowellville, shall be commenced before the Mayor of said Village, and conducted as follows : Any person ag- grieved by the violation of any ordinance of said Village, or any person having knowledge of such violation, may 41 file before the Mayor a complaint in writing, and upon oath, giving the name, if known, of the person therein charged with such violation; and thereupon the Mayoi shall, unless he have reasonable ground to believe that the complaint is without probable cause, issue a warrant for the arrest of the accused person. Said warrant shall be directed to the Marshal, and shall be issued, executed and returned in the manner and form provided for the issue, execution and return of warrants in the Penal Code of the State of Ohio. Section 113. Arrest Without Warrant . — It shall be the duty of the Marshal, or any other police officer ol said Village, to arrest without a warrant any person whom he may find violating any ordinance of said Vil- lage, and to bring such person forthwith before the Mayor for trial, and it shall be the duty of the officer making the arrest, to file with the Mayor, immediately, a written report, setting forth the cause of such arrest. Section 114. Trial by Mayor . — When any person is arrested and brought before the Mayor for the violation of any ordinance of said Village, or for the commission of any misdemeanor prosecuted in the name of the State of Ohio, and a plea of not guilty is entered, the Mayor, unless such person is, by the law ot Ohio, entitled to a trial by jury, and does not waive the right, shall proceed to try such person upon the accusation. But, if a pleaot guilty be entered, or if, upon trial, such person shall be found guilty of the charge preferred, the Mayor shall pro- nounce the sentence provided as a penalty for the offence committed, and if, upon trial, such person shall be found “not guilty” he shall be discharged from custody. Section 115. Trial by Jury . — If such accused person is, by the constitution or law of Ohio, entitled to a trial by jury, and does not waive the right, the Mayor shall summon a jury and try the accused, unless, as provided by statute, he shall decline to permit such trial, and such 42 jury shall, in each case, be summoned and empaneled as follows: The Mayor and Clerk, or in his absence the President pro tern, of Council, shall select the names of eighteen persons resident of said Village and having the qualifications of jurors in the Court of Common Pleas, and the Mayor shall issue a venire to the Marshal, or other public officer of the said Village, for the persons whose names are so selected, to appear before the Mayor, at a time fixed for the trial, and the officer to whom the venire is directed shall serve and return the same, and twelve of the jurors so summoned, first called and not excused or set aside on challenge (the Village and each person accused being entitled to two peremptory chal- lenges) shall be the jury in each case; but no person shall be required to serve as such juror more than five times in one year, and if, after exhausting the jurors summoned and in attendance, the panel be not complete, or if the wffiole array be set aside, talesmen shall be called by the Marshal, or other officer attending the trial, and the panel be filled in the same manner as panels are filled in the Court of Common Pleas; and the jury shall be sworn by the Mayor to impartially hear and try the charge made against the accused person, and true verdict to render, according to the law and the evidence. The Mayor shall preside at the trial, and the jury shall return their verdict in writing. If the jury find the accused person “guilty”, the Mayor shall pronounce the sentence provided as a penalty for the offence committed, but if the jury return a verdict of “not guilty” the accused shall be discharged from custody. Section ii6. Pe^ialty or Refusal of Juror to Serve. — Any person who shall be summoned to serve as a juror and shall without cause refuse or neglect to attend and serve, shall be fined not less than one dollar nor more than ten dollars. Section 117. Security for Costs . — The Mayor shall have the same power to require security for costs, when a 43 complaint is filed before him, and to enter judgment upon such acknowledgement, as is by the laws of the State of Ohio vested in Justices of the Peace, in similar cases. Section ii8. Fees^ Costs^Etc . — All prosecutions for violations of the ordinances of said Village shall be com- menced and conducted in the name of the Village of lyowellville, and the Mayor, Marshal, or other police offi- cers, jurors or witnesses, for services rendered hereunder, shall receive the same fees and costs, as near as may be, as are allowed by law for similar services in cases before Justices of the Peace, and such fees and costs shall be taxed and paid according to law. Section 119. Adjournment^ Etc . — x^ny prosecution may be continued, for good cause shown, upon the appli- cation of either party, for a period of time not longer than forty-eight houis, or by consent for not longer tliau ten days, and security, to th.e satisfaction of the Mayor, shall be given for the appearance of the accused at the time to wliich such cause shall stand adjourned, and it the accused fails to appear at the time named in tlie re- cognizance, or oth.erwise fails to cojuply with th.e condi- tions thereof, the Mayor shall declare the recognizance forfeited, and such further proceedings shall be had for recovering upon the same as may be authorized by law. (Passed April 23rd, 1890. Bk. i, p. 16.) Section 120. Workhouse Contract . — The Mayor and the Clerk are authorized to contract in behalf of said Village with the Board of Workhouse Directors of the City of Cleveland, Ohio, for confining the prisoners ot said Village in the workhouse in said City, and the terms and conditions of said contract shall be the same as are contained in the contracts made by said Board with other Village corporations outside of the County of Cuyahoga, and the said Mayor and Clerk are authorized to execute said contract on the part of the Village and to sign its corporate name and affix its corporate seal thereto. (Passed Feb. 2nd, 1891. Bk. i, p. 35.) 44 And that all ordinances and resolutions, and parts of ordinances and resolutions in conflict with this ordinance, or with the foregoing ordinances as hereby revised, codi- fied, rearranged and ordered published in book form, be and are hereby repealed, and this ordinance shall take effect and be in force from and after the earliest period allowed by law, provided, however, that the repeal of such ordinances and resolutions and parts of ordinances and resolutions shall not affect any right, property, or claim which was vested in the said Village of Lowellville, nor any suit, action or proceeding pending or commenced before the time when such repeal shall take effect, nor shall such repeal affect any offence committed, or any penalty or forfeiture incurred or any suit or prosecution pending at the time of such repeal, for any offense com- mitted, or for the recovery of any penalty or forfeiture incurred under any of the ordinances or resolutions, or parts of ordinances or resolutions so repealed. Passed in Council the i8th day of March, 1907. Thos. F. Varlky, [Seal] Mayor and Ex-Officio President of Council. F. C. Breneman, [Seal] Clerk. lyOWEEEVlEEE, Ohio, Mar. i8th, 1907. We hereby certify the foregoing ordinances to be correct. Thos. F. Varley, [Seal] Mayor. F. C. Breneman, [Seal] Clerk. Lowellvieee, Ohio, Mch. 18, 1907. I, F. C. Breneman, Clerk of the Village of Lowellville, State of Ohio, do hereby certify that the foregoing ordi- nances were duly published in book form on the 25th day of June, 1907. F. C. Breneman, [Seal] Clerk. 45 REVISED ORDINANCS INDEX A Animals at large Auctions Awnings and Signs B Base of Levels, North Base of Levels, South Bonds, Official C Climbing on Railroad Cars Compensation of Officers Council Meetings D Depository for Village Funds Deputy Marshals Disorderly Houses Disturbances Disturbing Meetings Dogs, Registration of . Dog Marshal £ Electric Works Property, Interfering with. Etc. Exhibitions and Shows F Fast Driving Fertilizers and Phosphates Filth and Rubbish Firearms and Fireworks Fire Department ^ G Gambling H Houses of 111 Fame Health Officer I Intoxicating Liquors Intoxication Sections 51- 63 64- 66 42 78 79 105 12 107-111 92-93 84- 91 96 2 & 27 I 3 54- 63 97 14- 17 67- 70 10- II 18- 20 21- 22 6- 9 99-103 23- 25 26- 33 98 34“ 38 4 46 J Skctiows Jury in Mayor’s Court 115-116 I. Licenses, Auctions 64- 66 “ Exhibitions, Shows 67- 70 “ Peddling 71- 75 M Meetings of Council 92-93 Mayor’s Court, Procedure in 112-119 O Oath of Office 104 Ordinances, Places to Post 92 P Peddling 7i“ 75 Phosphates and Fertilizers 18- 20 Public Affairs, Board of 95 Police Ordinance P. 34, 35, 36 Railroad Cars, Climbing on 12 Railroads, Obstructing Crossings 45- 46 Speed 47- 48 “ Whistles 49- 50 Resisting Officers 5 & 62 Rubbish and Filth 21-22 S Salaries, Etc 107-111 Saloons 34- 38 Sidewalks, Cleaning of .... ‘ 43- 44 “ Construction and Repair .... 80- 83 Signs and Awnings 42 Shows and Exhibitions 67- 70 Speed, Railroad Trains 47- 48 Streets, Names of 76- 77 Street Crossings, Obstruction of 45- 46 Street Lamps, Injuring, Etc ^ 3-^7 T Trees, Trimming of 39- 41 W Whistles, Steam 49- 50 Workhouse Contract 120 PART II. COMPILED ORDINANCES OF THE VILLAGE OF LOWELLVILLE STATE OF OHIO Being Special Ordinances of a Perma- nent Nature not included in the Fore- going Revised General Ordinances. COMPILED ORDINANCES TABLE OF CONTENTS CHAPTER 1. Granting Rights and Privileges to Railroad Companies. CHAPTER 11. Requiring the Construction of Street Crossings by Railroad Companies. CHAPTER III. Requiring the flighting of Railroads. CHAPTER IV. Vacating Streets. CHAPTER V. Granting Rights and Privileges to Street Railway Companies. CHAPTER VI. Granting Rights and Privileges to Telephone and Telegraph Co’s. CHAPTER VII. Granting Miscellaneous Rights and Privileges. CHAPTER VIII. Approving Plats. CHAPTER IX. Authorizing the Purchase or Lease of Property. CHAPTER X. Appropriating Property. CHAPTER XL To Issue Bonds. CHAPTER XII. Establishing Street Grades. CHAPTER XIII. To Construct Sidewalks. INDEX to Compiled Ordinances. 49 CHAPTER I. ORDINANCES GRANTING RIGHTS AND PRIVILEGES TO RAILROAD COMPANIES. Section i. Pittsburg & Lake Erie, — The Pittsburg & Lake Erie Railroad Company, its successors and assigns, and it and they are granted the right and privilege to construct two (2) additional tracks across McGill Street, First Street, Second Street, Third Street, Fourth Street, Fifth Street and Sixth Street in the Village of Lowellville. Section 2. Pittsburg,^ Cleveland & Toledo. — The Pittsburg, Cleveland and Toledo Railroad Company, its successors and assigns, and it and they are granted the right and privilege to re-arrange its present tracks in such manner as it may deem advisable across, and to construct and maintain four (4) additional tracks across McGill Street, First Street, Second Stree-t, Third Street, Fourth Street, Fifth Street and Sixth Street, in the Village of Lowellville, O., provided, however, that the tracks of said Company across any one of the above named streets shall not exceed six (6) in number. Section 3. Conditions. The rights and privileges herein granted to the above mentioned Railroad Compa- nies are granted upon the following conditions, to-wit : (a) Location. — All said additional tracks shall be lo- cated between Liberty Street in said Village, and the Southerly line of the present right of way of the Pitts- burg and Lake Erie Railroad Company. (^) Grade. — The present grade of said Streets shall not, in any manner, be changed in the construction and location of such additional tracks across the same. {c) Crossings. — Said Streets shall be placed in sub- stantially as good conditions after said additional tracks are constructed as said streets are in at the present time. (d) McGill Street Sewer. — Said Railroad Companies shall, at their own cost and expense, within twelve (12) 50 months from the date of the passage of this ordinance, construct from the center line of Liberty Street to the Mahoning River along McGill Street, and the produc- tion thereof south-westerly on its present course, a forty- eight (48) inch sewer. Such sewer to be constructed of brick or iron pipe, at such location in McGill Street as the Council of said Village may designate, and the bot- tom thereof to be not less than seven (7) feet in depth below the surface of the ground. Said Village shall, however, provide all the right of way for said sewer that may be necessary in the construction thereof. (e) Third Street Sewer . — Said Railroad Companies shall, at their own cost and expense, within twelve (12) months from the date of the passage of this ordinance, construct from the center line of Liberty Street to the Mahoning River along Third Street, and the production thereof south-westerly on its present course, a forty-two (42) inch sewer, such sewer to be constructed of brick or iron pipe, at such location in said Third Street as the Council of said Village may designate, and the bottom thereof to be not less than seven (7) feet in depth below the surface of the ground. Said Village shall, however, provide all the right of way for said sewer that may be necessary in the construction thereof. (/') Sixth Street Sewer . — Said Railroad Companies shall, at their own cost and expense, within twelve (12) months from the date of this ordinance, extend the thirty (30) inch sewer now under the tracks of the said Pitts- burg, Cleveland and Toledo Railroad Company at Sixth Street, northerly along said last mentioned street to the center line of Liberty Street and southerly along said last mentioned street and the production thereof, south- westerly to the Mahoning River. Said Village shall, however, provide all the riizhts of way for said sewer that may be necessary in the construction thereof. (^g) Flagmen.— said . Railroad Companies shall, at their own cost and expense, and within a period of 51 eight (8) months from and after the passage of this ordi- nance, provide at the crossing of said Railroad Compa- nies’ track with Second and Third Streets, for the purpose of warning the traveling public of the approach of cars and engines toward said crossings, a crossing flagman or crossing guard gates. The said Railroad Companies shall not, however, be required to keep such crossing flagman or to operate such crossing guard gates at Second and Third Streets for a period of more than twelve (12) hours out of each day of twenty-four (24) hours. The question as to whether said crossing at Second and Third Streets shall be protected by crossing flagmen or crossing guard gates shall be referred to the Commissioner of Railroads and Telegraphs of the State of Ohio for decision, and his determination of the matter shall be final and binding upon the Village of TowellviHe and the Railroad Companies. (k) Acceptance . — Each of said Railroad Companies shall, within thirty (30) days from and after the passage of this ordinance, file with the Clerk of said Village, its written acceptance of the terms of this ordinance and agree to be bound thereby. (i) Costs . — Said Railroad Companies shall pay the costs of the publication of this ordinance. (Passed Dec. loth, 1903. Bk. 2, p. 92.) (Acceptances Book 2, pages 97 and 98.) Section 4. Location and Grades Approved . — The location and grades of said sewers at McGill Street, Third Street and Sixth Street, as shown by blue print submit- ted by said Railroad Companies, and now on file with the Village Clerk, to which blue print reference is made, is approved and adopted. Section 5. Material Approved . — The said proposed construction of said sewers at McGill Street and Third Street of good hard brick and of the said sewer at Sixth Street of double thick terra cotta pipe, except those parts of said three sewers which will be located under the 52 eight existing and proposed main tracks of said Railroad Companies, which parts of each of said sewers may be constructed of good iron pipe, are approved and accepted. (Passed April i8th, 1904. Bk. 2, p. 118.) Section 6. Pittsburgh Youngstown mid Ashtabula , — The Pittsburg, Youngstown and Ashtabula Railroad Company, and its successors and assigns, and it and they are granted the right and privilege to move its present track across Washington Street northerly, not exceeding fifty (50) feet from its present location, and to construct and maintain across said Washington Street four (4) ad- ditional tracks, all of said tracks across . said street to be maintained either upon the present grade of said street, or upon any grade not exceeding two and eight-tenths (2.8) feet above the top of the rail of the present track of said Railroad Company now constructed across said street; it being understood, however, that nothing herein contained shall be construed to grant unto said Railroad Company any rights in addition to what said Company now possesses in the present Railroad Street, except at the point where said Railroad Street is crossed by said Washington Street, and it being further understood that, in case the present track across Railroad Street shall be moved under the terms of this ordinance, it shall be located at least forty (40) feet northeasterly of the south- v/esterly line of Railroad Street. Section 7. Conditions . — The rights and privileges granted are granted upon the following conditions : {a) Approaches . — Said Railroad Company shall con- struct proper approaches on a regular grade, to said tracks when so constructed on each side of said tracks. (p) Profiles . — Said Railroad Company shall furnish plans and profiles and a draft of grade ordinance for said Washington Street where the grade thereof will be changed by said Railroad Company, in making the im- provements in its tracks herein contemplated, in order 53 that the grade of said Washington Street, as so changed, may be established without expense to the Village of IvOwellville. (c) Gates . — Said Railroad Company shall, if it legally can, construct, maintain and operate gates on Washing- ton Street, on each side of the tracks of said Railroad Company. (d') Inde 7 nnity . — Said Railroad Company shall and will protect, indemnify and save harmless the said Village from any and all claims for damages, costs and expenses that may arise against said Village by reason of the placing of additional tracks across Washington Street and the change of grade of said street; provided, how- ever, that said Village shall give to said Railroad Com- pany, its successors or assigns, written notice immediately upon said claim or claims being made against it, and permit said Railroad Company in the name and on behalf of said Village to adjust the same with the claimant, and, in case the said Railioad Company is unable to adjust the said claim with said claimant, said Village shall refuse to adjust the same, and when said claimant or claimants shall bring suit against said Village for such claims, said Village shall notify said Railroad Company that said suit has been brought and permit said Company to defend against the same in the name and on behalf of said Village. (Passed March 21st, 1904. Bk. 2, p. 109.) (Acceptance Book 2, page 113.) Section 8. P. C. & T. Authorised to Divert Drain on Liberty Street . — The Pittsburg, Cleveland and Toledo Railroad Company, its successors and assigns, be and are granted the right to divert the sewer or drain which ex- tends between lots number sixty-six (66) and number sixty- seven (67) and across lyiberty Street in the Village of I^ow- ellville, in such a manner as that said sewer or drain when diverted shall extend along the southerly curb line of 54 • said street easterly to a connection with the sewer at Third Street from the point where said sewer or drain intersects said curb line. Section 9. Conditions, — The rights granted are granted on the following conditions : {a) Catch Basin. — Said Railroad Company shall, at its own cost and expense, construct at or near said south- erly curb line of said street at the point where said sewer or drain now crosses said curb line a catch basin of brick or concrete three (3) feet wide and four (4) feet long, the bottom of which shall be at least two and one-half (2^) feet below the bottom of said sewer or drain, as it exists at present, such catch basin to be constructed of good material, and in first class workmanlike manner, and connect said sewer with said catch basin at the northerly line of said catch basin. (d) Pipe. — Said Railroad Company shall, at its own cost and expense, construct such diverted sewer from the catch basin aforesaid easterly along the southerly curb line of said Riberty Street to a connection with the sewer at Third Street of good sewer pipe twenty-seven (27) inches in diameter, making a temporary connection with the twenty (20) inch sewer now located on the west side of said Third Street, and when the forty-two (42) inch brick sewer upon said Third Street shall have its outlet provided for, remove such temporary connection with said twenty (20) inch sewer and make a perm.anent con- nection with said forty-two (42) inch sewer without delay. ic) Cellar Drains. — In constructing such sewer along the southerly curb line of said Liberty Street, said Rail- road Company shall make connection with any cellar drains that may now cross such sewer in its new location. id) Village Connectio 7 is. — The Village of Lowellville shall have the right hereafter to make any connections with such diverted sewer as it may desire. (e) Rights Relinquished. — All present rights of the Village of Lowellville to carry or maintain the said sewer 55 or drain upon property of the Pittsburg, Cleveland and Toledo Railroad Company, southerly of Liberty Street in its present location are relinquished by said Village. (/) Costs. — The said Railroad Company shall pay the costs expended by said Village in repairing damages done to the street by digging heretofore done by said Compa- ny, amounting to about thirty-five ($35.00) dollars. (^g) Time. — The work of diverting said sewer or drain and constructing said catch basin shall be completed (ex- cepting the making of the connection of the forty«two (42) inch brick sewer) on or before April 15th, 1905. (Ji) Street Surface. — Said Railroad Company shall after the work hereinbefore provided for has been com- pleted, restore the surface of said street where such ser- vice has been diverted by said work to a good condition. (Passed March 27th, 1905. Bk. 2, p. 190.) Section 10. Pittsburg .^Cleveland a 7 id Toledo. — That The Pittsburg, Cleveland and Toledo Railroad Company, its successors and assigns, be, and it and they are hereby granted the right and privilege to raise the grade of all of the railroad tracks of said Company now located in said Village to a height of not to exceed six (6) inches above the present grade line of said tracks at and over the crossing of the following streets, to-wit: McGill Street, First Street, Second Street, Third Street, Fourth Street, Fifth Street and Sixth Street in the Village of Lowell ville, and to make all necessary fills and ballasting within said streets to accomplish said purpose, and to construct and maintain across said streets interlocking pipe lines and connections necessary to properly complete and main- tain the interlocking plant now building. Section ii. Conditiojis. — The rights and privileges granted to the above mentioned Railroad Company are granted upon the following conditions, to-wit: {a) Pipe Lilies to be Protected.^ Etc. — Said work of raising the grade of the tracks shall be conducted by the S6 said Railroad Company without unnecessary interruption of public travel over the streets of the Village, and all the above mentioned interlocking pipe lines and connec- tions shall be properly protected for the safety of public travel on said streets. (d) Profiles^ Gradings Etc . — The said The Pittsburg, Cleveland and Toledo Railroad Company shall at its own cost and expense make the necessary surveys, plans, pro- files and ordinances necessary to properly amend and re- establish the street, curb and sidewalk grades upon said McGill Street, First Street, Second Street, Third Street, Fourth Street, Fifth Street and Sixth Street, at a regular grade from the south line of Tiberty Street to the north side of said tracks and from the south side of said tracks to the north side of the tracks of The Pittsburg & Lake Brie Railroad Company to conform to the raised grade of said tracks herein provided for, and shall furnish such plans, profiles and ordinances to said Village within thirty (30) days from the taking effect of this ordinance. And said Railroad Company shall grade and macadamize said McGill Street, First Street, Second Street, Third Street and Sixth Street from the said north side of the tracks to the said south line of Liberty Street to such changed grade so to be established and to the full pres- ent established width of roadway, properly sloped and guttered, with furnace slag, top dressed with granulated slag, which covering of slag or limestone shall not be less than twelve (12) inches in depth along the center line of said streets, and diminishing regularly to a depth of not less than six (6) inches at the gutter on the sides thereof, and said Railroad Company shall raise all existing curbs and sidewalks upon all of said portions of all said streets to conform to said raised and re-established grade. (c) Liberty Street Sewer Pipe . — Said Railroad Com- pany shall lay twenty-four (24) inch sewer pipe for said Village, beginning at the intersection of the east gutter line of Second Street, and the south gutter line of Liberty 57 Street at a flow line elevation of seventy-eight (78) feet, according to the present established grade of said Liberty Street; said elevation of seventy-eight (78) feet being five (5) feet below the established grade of the center line of said Liberty Street; thence by uniform descending grade of five-tenths (5-10) per cent along the south gutter line of said Liberty Street to an intersection and connection with the brick sewer on McGill Street at a flow line ele- vation of seventy-five (75) feet according to said estab- lished grade at Liberty Street; said elevation of seventy- five (75) feet being at least six (6) inches above the flow line of said brick sewer on McGill Street, and shall con- struct a brick man-hole at the center of First Street, and a brick man-hole at the center of Second Street, which man-holes shall not be less than four (4) feet in diamter inside measurement, with the necessary steps, and shall also construct a catch basin at the east gutter line of First Street, and a catch basin on the west gutter line of First Street, and a catch basin at the east gutter line of Second Street, which catch basins shall be of brick and not less than twenty-four (24) by twenty-four (24) inches square, inside measurement, with sediment basins not less than eighteen (18) inches deep, and shall lay said twenty-four (24) inch pipe with nine (9) six (6) inch north side connections, and shall also connect with said twenty-four (24) inch pipe, the present pipes on the east side and West side of First Street, and on the east side and west side of Second Street, and all excavations shall be properly re-filled and tamped and re-cindered after settling, and said streets restored to as good condition as at present in all respects. {d) Fourth Street Sewer Pipe . — The said Railroad Company shall lay a twenty (20) inch drain pipe from the north line of the light of way of The Pittsburg and Lake Erie Railroad Company along and under the west gutter of Fourth Street, to its intersection with the south curb line of Liberty Street, and at such intersection 58 shall construct a catch basin, the opening of which shall be not less than 12x12 inches in size, and shall properly connect with said twenty (20) inch pipe the drain pipe which now crosses Fourth Street diagonally. And all excavations for said pipe, catch basin and connections shall be properly re-filled and tamped. (e) Sixth Street Sewer Pipe . — Said Railroad Company shall in addition to grading and macadamizing the road- way of Sixth Street from the northerly side of the tracks of said Company to the south line of Riberty Street as provided in sub-section {b') above also fill said portion of said Sixth Street to changed grade the full width of said street. And said Railroad Company shall also lay a twenty-four (24) inch drain pipe from its land lying north of its northerly track and south of its northerly property line and immediately east of said Sixth Street and shall connect said pipe with the thirty (30) inch drain pipe now in place in the center of said Sixth Street, and shall so fill upon said premises east of Sixth Street as to con- duct the water collecting thereon, to, into and through said thirty (30) inch pipe, and shall close the present thirty (30) inch pipe running underneath the tracks of said Company about on the east line of said Sixth Street, and said Company shall construct a brick catch basin not less than twenty-four (24) by twenty-four (24) inches square inside measurement with sediment basin not less than eighteen (18) inches deep, at the intersection of the south gutter line of Liberty Street and the west gutter line of Sixth Street, and connect the pipe now in place there across Liberty Street and lay a sewer pipe twenty (20) inches in diameter from said catch basin to the thirty (30) inch sewer in the eenter of Sixth Street, and shall properly connect said pipe with said catch basin and sewer. (/') Cost and Expense . — The entire cost and expense of everything required to be done by the said Railroad Company in order to fully comply with all the conditions of this ordinance shall be paid by the said The Pittsburg, 59 Cleveland and Toledo Railroad Company, its successors or assigns, and all of said conditions shall be fully and completely complied with and every requirement com- pleted on or before June 30th, 1907, and to the accept- ance of the Village engineer. {£■) Acceptance. — The said Railroad Company shall within thirty (30) days from and after the passage of this ordinance, file with the Council of said Village its accept- ance of the terms hereof, and agree to be bound thereby. (h) Cost of Publication. — The cost of posting this or- dinance shall be paid by the Railroad Company, and the injunction suit entitled, “The Village of Rowellville vs. The Baltimore & Ohio Railroad Company et al.” No. 25100, now pending in the Common Pleas Court of Ma- honing County, Ohio, shall be dismissed by the Village at the cost of the defendant. (i) Privilege to Connect. — The Railroad Company shall have the privilege to connect with any or all drain- pipe or pipes at any point or points whenever it so desires. (y) Prior Ordinaiice not Affected. — Nothing herein contained shall be construed to repeal or waive any of the conditions of an ordinance entitled, “An Ordinance grant- ing to The Pittsburg, Cleveland and Toledo Railroad Company, their several and respective heirs and assigns, the right and privilege to re-arrange their present tracks across and to cross MicGill Street, Phrst Street, Second Street, Third Street, Fourth Street, Fifth Street and Sixth Street in the Village of Rowellville, with additional tracks and fixing the terms and conditions on which such right and privilege are granted,” passed by Council or said Village on the loth day of December, A. D. 1903. Section 12. Repeal. — An ordinance entitled, “An Ordinance granting to The Pittsburg, Cleveland and To- ledo Railroad Company, its successors and assigns, the right and privilege to raise the existing grade of its rail- road tracks across McGill Street, First Street, Second Street, Third Street, Fourth Street, Fifth Street and 6o Sixth Street in the Village of I^owellville, and fixing the terms and conditions on which such right and privilege are granted,” passed by Council of said Village on July 2nd, 1906, be and the same is hereby repealed. (Passed January 9th, 1907. Bk. 2, p. 270.) (Acceptance Bk. 2, p. 276.) CHAPTER II. ORDINANCES REQUIRING THE CONSTRUCTION OF STREET CROSSINGS BY RAILROAD COMPANIES. Section 13. The Pennsylvafiia Company. — The Pennsylvania Company, its successors and assigns, shall construct, maintain and keep in repair, good and suffi- cient crossings, approaches and sidewalks, in the manner and to the extent required by the subsequent sections of this ordinance at the points where the line of railroad operated by it, the track, sidetrack or switches thereof, cross or intersect the following streets within said Village, to-wit: (Smith Street, Monroe Street, Howard Street,) Washington Street (and Railroad Street). Section 14. Construction . — Said crossings shall be constructed and maintained as follows: The spaces be- tween all tracks, sidetracks and switches, and the spaces between the rails of all tracks, sidetracks and switches, and one foot outside of the outside rail at each crossing, shall be planked solid to the following widths: At Wash- ington Street to the full width of the street including sidewalks; (and at all other streets named in preceding Section 13, to a width of not less than sixteen feet across the roadways), and safe and sufficient approaches shall be graded upon both sides of the crossings at each of said streets; and all such approaches shall not be less in width than is hereby prescribed for the plank roadway of the crossing at that point. Also good and sufficient culverts, ditches and drains shall be provided upon all of said streets herein named under or along the said tracks, side- tracks and switches for the free flow of water that may run or flow upon any of said streets; and all culverts. 6i ditches and drains, and all other excavations and open- ings on any street within the right of way owned or occupied by said Company, shall be securely covered and protected to prevent accidents to persons or prop- erty lawfully upon said street. Section 15. Notice . — That the Mayor is directed to give due notice to the said The Pennsylvania Company of the passage of this ordinance, by delivering a copy thereof to the nearest station agent of said Company or section foreman having charge or control of that portion of the track of said Company where such crossing, ap- proach or sidewalk is to be constructed and maintained. And if said Company shall fail to comply within thirty days of the receipt of such notice, the Council of said Vil- lage will cause said crossings, approaches and sidewalks with the necessary culverts, ditches and drains to be con- structed at the expense of said Company, and will re- cover the cost thereof, with interest and all penalties pro- vided by law in the manner provided by statute. (Passed Oct. 22nd, 1891. Bk. i, p. 63.) Section 16. The Pittsburg & Lake Erie Railroad Company . — The Pittsburg & Bake Erie Railroad Com- pany, its successors and assigns, shall construct, maintain and keep in repair good and sufficient crossings, ap- proaches and sidewalks in the manner and to the extent required by the subsequent sections of this ordinance, at the points where its line of railroad, its tracks, sidetracks or switches cross or intersect the following streets within said Village, to-wit: McGill Street, Phrst Street, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street and Water Street. Section 17.’ Construction . — Said crossings shall be so constructed and maintained as follows: The spaces be- tween all tracks, sidetracks and switches, and one foot outside of the outside rail at each crossing, shall be planked solid to the following widths: At Second Street and Third Street, to a width of not less than forty (40) feet, and at all the other streets named in preceding Section 62 i6, to a widtli of not less than thirty (30) feet across the roadways, and safe and sufficient approaches shall be graded upon both sides of the crossings at each of said streets; and all such approaches shall not be less in width than is prescribed for the planked roadway of the cross- ing at that point, at Second Street and Third Street, ex- tending wholly across the right of way owned and occu- pied by said Company, and at all the other streets named in this ordinance, to a width of not less than five (5) feet wholly across its right of way. Also good and sufficient culverts, ditches and drains shall be provided upon all of said streets herein named, under or along the said tracks, sidetracks and switches, for the free fiow of water that may run or flov/ upon any of said streets; and all culverts, ditches and drains, and all other excavations and open- ings upon any street within the right of way owned or occupied by said Company, shall be securely covered and protected, to prevent accident to persons or property lawfully upon said street. Section 18. Notice . — If said Company shall fail to comply within thirty days from the receipt of the notice as provided by statute, the Council of said Village will cause said crossings, approaches and sidewalks, with the necessary culverts, ditches and drains, to be constructed at tlie expense of said Company, and will recover the cost thereof, with interest and all penalties provided by law in the manner provided by statute. (Passed Feb. 7th, 1894. Bk. i, p. 89.) Section 19. The Pittsbiu'g & Western Railway Com- pany . — The Pittsburg & Western Railway Company, its successors and assigns, shall construct, maintain and keep in repair, good and sufficient crossings, approaches and sidewalks in the manner and to the extent required by the subsequent sections of this ordinance, at the points where the line of said Railway, its tracks, sidetracks and switches cross or intersect the folllowing streets within said Village, to-wit: McGill Street, First Street, Second Street, Third Street, Fourth Street, Fifth Street and Sixth Street. 63 Section 20. Constncctioii . — Said crossings sliall be so constructed and maintained as follows: The spaces between all the tracks, sidetracks and switches and the spaces between the rails of all tracks, sidetracks and switches and one foot outside of the outside rail at each crossing shall be planked solid to the following widths, to-wit: At Second Street and Third Street to a width of not less than forty (40) feet; at the other streets named in preceding Section 19, to a width of not less than thirty (30) feet across the roadways, and safe and sufficient ap- proaches shall be graded upon both sides of the crossings at each of the said streets, and all such approaches shall be not less in width than is provided for the plank road- way of the crossings at that point. At Second and Third Streets the sidewalks upon both sides of said streets shall be planked to a width of not less than six (6) feet and the sidewalks of the other named streets in this ordinance shall be planked to a width of not less than four (4) feet and extending wholly across the right of way owned and occupied by said Railway Company. Also good and sufficient culverts, ditches and drains shall be provided and constructed upon all of said streets, herein named, under and along the said tracks, sidetracks and switches, and upon Third Street up and until (on both sides there- of) its intersection with Liberty Street for the free flow of water that may run or flow upon any of said streets; and all culverts, ditches and drains, and all excavations and openings upon any streets within the right of way owned or occupied by said Railway Company shall be securely covered and protected to prevent accidents to persons or property lawfully upon said streets. Section 21. Notice . — If said Railway Company shall fail to comply within thirty (30) days from the receipt of notice of the passage of this ordinance, as provided by statute, the Council of said Village shall cause said cross- ings, approaches and sidewalks, with the necessary cul- verts, ditches and drains, to be constructed, at the ex- pense of said Railway Company, and shall recover the 64 expense thereof with interest and all penalties provided by law in the manner provided by statute. (Passed March 7th, 1894. Bk. i, p. 112.) CHAPTER III. ORDINANCES REQUIRING THE LIGHTING OF RALROADS Section 22. The Pittsburgh Youngstown and Ashta- bula . — The Pittsburg, Youngstown and Ashtabula Rail- road Company is required to light with electric lights the portion of the railroad owned by the said The Pittsburg, Youngstown and Ashtabula Railroad Company, and op- erated by the Pennsylvania Company, within the limits of said Village, by constructing and installing incandes- cent electric lights at the point where said railway crosses Washington Street in said Village. Section 23. Construction. — The electric lights at each of the above designated points shall be a cluster of three incandescent sixteen candle power lamps. Said lamps and the poles, wires and other appliances and fixtures therefor shall be of the kind used by the Board of Trustees of Public Affairs of said Village. And the same shall be constructed and installed by said Board in said Village and said lights shall be kept burn- ing the same number of hours per night as is now or may hereafter be required of other public lights in said Village. Section 24. Notice. — The Clerk is directed to give due notice to said Companies of this ordinance by the delivering of a certified copy hereof to the ticket or freight agent of said Companies in said Village, and if said Com- panies fail to light said tracks in conformity hereto, within twenty days from the service of such notice, said lighting may be done by said Village at the expense of said Companies, and the cost thereof assessed against and made a lien upon the property of said Companies as provided by law. (Passed Feb. 6th, 1905. Bk. 2, p. 200) 65 Section 25. Pittsburg & Lake Erie and The Balti- more & Ohio . — It is deemed necessary by the Council of the Village of IvOwellville, State of Ohio, to have a por- tion of the railways operated by The Pittsburg & Take Erie Railroad Company and The Baltimore & Ohio Rail- road Company within the limits of said Village, to-wit: From McGill Street to Fifth Street lighted, and that the said The Pittsburg & Lake Erie Railroad Company and the said The Baltimore & Ohio Railroad Company are required to light said portion of said railways with in- candescent electric lights, and for said purpose to install and maintain or cause to be installed and maintained 6 cluster 16 candle power lights or the equivalent thereof at McGill Street, First Street, Second Street, Third Street, Fourth Street and Fifth Street in said Village, with all necessary poles, wires, converters and other fix- tures and appliances therefor, which shall be located as shown by a blue print marked “Exhibit A” and identi- fied by signatures of A. L. Rowland and L. H. E. Lowry and now on file with the Clerk of said Village, which blue print is expressly referred to and adopted as part of this ordinance, and said lights shall be kept burning from dark to daylight each and every night except said light fail from accident or natural causes. Section 26. Notice . — The Clerk is directed to give notice to said The Pittsburg & Lake Erie Railroad Com- pany, and The Baltimore & Ohio Railroad Company of the passage of this ordinance by serving a copy thereof upon each Company according to law, and if said Rail- road is not lighted as herein required within twenty days from the service of such notice, said lighting will be done by said Village and the expense thereof assessed against said Companies in the manner provided by law. (Passed Oct. 4th, 1905. Bk. 2, p. 205.) 66 CHAPTER IV. ORDINANCES VACATING STREETS. Section 27. Railroad Street Partly Vacated. — All that portion of said Railroad Street which extends from the westeily limits of said Village to the easterly limits of land now owned by The Ohio Iron and Steel Company (said easterly limits being also the easterly line of great lot number fifty-five (55) of Poland Township) is vacated throughout its entire length and width. Section 28. Railroad Street Partly Narroived . — All that portion of said Railroad Street which extends from the easterly limits of said lands now owned by The Ohio Iron and Steel Company to the easterly end of said street, and which lies northeasterly of a line drawn par- allel to and at all points distant forty (40) feet northeast- erly, measured at right angles from the southwesterly line of the present Railroad Street, is vacated, and that portion of said street extending from the easterly limits of the land now owned by The Ohio Iron and Steel Company to the easterly end of said street is narrowed to a width of forty (40) feet. Section 29. Conditions. — Before those portions of Railroad Street which are vacated by this ordinance shall be closed to public travel. The Pittsburg, Youngstown & Ashtabula Railroad Company, or itssuccessors or assigns, shall do, or cause to be done, the following things: {a) New Street. — Dedicate and open up, and bear the expense of opening up for public use, a new street forty (40) feet in width upon which it shall and will con- struct a roadway thirty-three (33) feet in width, extend- ing from Washington Street northwesterly to the westerly limits of said Village of Lowellville, the surface of said street to be constructed to a regular grade of g^ood slag to a depth of at least eighteen inches in substantially the location indicated on the blue print plan filed in the office of the Clerk of said Village, endorsed, “Proposed Second 67 track and change of alignment Lowellville, Ohio, May 22nd, 1903,” and marked for the purpose of identification with the signatures of “JohnT. Harrington” aud “Harry W. Williams”, and place said street when so opened up, in first class condition for public travel, and, also, shall construct along the northeasterly line of such new street a good and substantial guard rail, and shall connect said street with the county road beyond the lands of The Ohio Iron and Steel Company, and shall, also, furnish plans and profiles so that such grade may be established in the Village of Towellville, and a form of ordinance for the establishing of such grade, in order that said Vil- lage may establish said grade without expense to itself. (d) Fillmg Railroad Street. — At its own cost and ex- pense fill such portions of Railroad Street as remain un- vacated (the surface of said street to be constructed on a regular grade of good slag to the depth of at least eight- een (18) inches, to such an extent as the Village of Row- ellville may require and direct, and shall, also, construct regular approaches thereto on all intersecting streets when required, such filling to be entirely completed within one (i) year from the date of the passage of this ordinance, unless prevented by litigation, and said Rail- road Company shall also furnish plans and profiles, show- ing the grade of said Railroad Street aud intersecting streets so far as the same may be affected by the filling of the part thereof which remains unvacated, and the forms of ordinances establishing such grades in order that the Village may establish such grades without cost to itself, and (c) Village Use of Private Way. — Grant said Village the free and full use for fire department purposes of a private way to be constructed by said Company from Washington Street easterly to lands of Patrick INIeehan. Section 30. Acceptance and Indemnity. — Within ninety (90) days after the passage of this ordinance, said The Pittsburg, Youngstown and Ashtabula Railroad 68 Company shall file with the Clerk of said Village, its written acceptance under its corporate name and seal, of the terms and conditions of this ordinance, and agree therein (a) Its successors and assigns will in all respects be bound thereby, and (d) That it, its successors and assigns, shall and will fully protect, indemnify and save harmless the said Vil- lage of lyowellville from any and all claims for damages, costs and expense, that may arise against said Village by the reason of vacation of said portions of said Rail- road Street as hereinbefore provided. Provided, how- ever, that said Village shall give said Railroad Company, its successors or assigns, written notice immediately upon such claim or claims being made against it, and permit said Railroad Company, in the name and on behalf of said Village to adjust the same with the claimant, and in case said Railroad Company is unable to adjust said claim with said claimant, said Village shall refuse to ad- just the same, and when said claimant or claimants shall bring suit against said Village for such claim or claims said Village shall notify said Railroad Company that such suit has been brought and permit said Company to defend against the same in the name and on behalf of said Village. (Passed April i8th, 1904. Bk. 2, p. 120.) (Acceptance Book 2, page 126.) Section 31. hnprovements in Railroad Street^ Ap- proved , — The improvements made by the Pittsburg, Youngstown and Ashtabula Railroad Company, upon Railroad Street in the Village of Lowellville, Ohio, have in all respects been made in conformity to the condi- tions imposed by the terms of an ordinance vacating a portion, and narrowing another portion of Railroad Street in the Village of Lowellville, Ohio, and passed on the 1 8th day of April, A. D. 1904, and said Railroad 69 Company is released from making any further improve^ ments in said Railroad Street. (Passed Dec. 23rd, 1904. Bk. 2, p. 172.) Section 32. Old Street , — The said certain street which extends northeasterly from Railroad Street to the Mahoning River between Out-Rots number forty-three (43) and number forty-four (44) of said Village is vacated throughout its entire length and width. Section 33. Acceptance and Indemnity,— that portion of said street which extends northeasterly from Railroad Street to the Mahoning river, between Out-Lots number forty-three (43) and number forty-four (44) , which is vacated shall be closed to travel, The Pittsburg, Youngstown and Ashtabula Railroad Com- pany, its successors or assigns, shall file with the Clerk of said Village, its written acceptance of all the terms and conditions of this ordinance and therein agree that it shall, and will fully protect, indemnify and save harmless said Village of Lowellville from any and all claims for damages, cost and expense that may arise against said Village by reason of the vacation of said certain street as hereinbefore provided. Provided, how- ever, that said Village shall give said Railroad Com- pany, its successors or assigns, written notice immedi- ately upon such claim or claims being made against it, and permit said Railroad Company, in the name and on the behalf of said Village to adjust the same with the claimant or claimants, and in case said Railroad Com- pany is unable to adjust said claim with said claimant or claimants, said Village shall refuse to adjust the same, and when said claimant or claimants shall bring suit against said Village for such claim < r claims, said Vil- lage shall notify said Railroad Company that sucli suit has been brought and permit said Company to defend against the same in the name and on behalf of the said Village. (Passed June 23rd, 1904. Bk. 2, p. 129.) (Acceptance Bk. 2, p. 145.) 70 Section 34. Old Bridge Street . — All that portion of the old road lying easterly of Washington Street, be- tween Railroad Street and the Mahoning river, where the public highway formerly crossed the Mahoning river is vacated throughout its entire length and width. Section 35. Acceptance and Inde^nnity . — Before that portion of said old road lying easterly of Washing- ton Street between Railroad Street and the Mahoning River which is vacated, shall be closed to public travel, The Pittsburgh, Youngstown and Ashtabula Railroad Company, or its successors or assigns shall file with the Clerk of said Village, its written acceptance of all the terms and conditions of this ordinance, and therein agree that it shall and will fully protect, indemnify and save harmless said Village of Lowellville, from any and all claims for damages, costs and expense that may arise against said Village by reason of the vacation of said old road, as hereinbefore provided. Provided, hov/ever, that said Village shall give said Railroad Company, its suc- cessors or assigns, written notice immediately upon such claim or claims being made against it, and permit said Railroad Company, in the name and on behalf of said Village to adjust the same with the claimant or claim- ants, and in case said Railroad Company is unable to adjust said claim with said claimant or claimants, said Village shall refuse to adjust the same, and when said claimant or claimants shall bring suit against said Vil- lage for such claim or claims said Village shall notify said Railroad Company that such suit has been brought, and permit said Company to defend against the same in the name and on behalf of said Village. (Passed June 23rd, 1904. Bk. 2, p. 132.) (Acceptance Book 2, page 135.) Section 36. Howard Street Partly Vacated . — All that portion of Ploward Street which extends from the northeasterly line of Railroad Street to the Mahoning River is vacated through its entire length and width. 71 Section 37. Acceptance and Indejnnity. — Before that portion of said Howard Street which extends from the northeasterly line of Railroad Street to the Mahom ing River, hereby vacated, shall be closed to the public travel. The Pittsburg, Youngstown and Ashtabula Rail- road Company, or its successors or assigns, shall file with the Clerk of said Village, its written acceptance of all the terms and conditions of this ordinance, and therein agree that it shall and will fully protect, indemnify and save harmless said Village of Lowellville, from any and all claims for damages, costs and expense that may arise against said Village by reason of the vacation of said Howard Street, as hereinbefore provided. Provided, however, that said Village shall give said Railroad Com- pany, its successors or assigns, written notice immediately upon such claim or claims being made against it, and permit said Railroad Company, in the name and on be- half of said Village to adjust the same with the claimant or claimants, said Village shall refuse to adjust the same, and when said claimant or claimants shall bring suit against said Village for such claim or claims, said Village shall notify said Railroad Company that such suit has been brought, and permit said Company to defend against the same in the name and on behalf of said Village. (Passed June 23rd, 1904. Bk. 2, p. 136.) (Acceptance Book 2, p. 139.) CHAPTER V. ORDINANCES GRANTING RIGHTS AND PRIVILEGES TO STREET RAILWAY COMPANIES. Section 38. Route No. /. Liberty Street . — A rail- road route for the transportation of passengers, baggage. United States mails, express matter, packages, freight, to be known as Street Railroad Route No. i, is estab- lished upon and over Liberty Street in said Village throughout its entire length. 72 Section 39. Co^istruction^ etc . — The Street Railway to be constructed over said route shall be operated with electricity, or such other motive power, except steam or auimal, as may from time to time hereafter be adopted by the grantee of a franchise hereunder, that said grantee shall have the right to construct, equip, main- tain and operate a single track street railway upon and over said route, with the sidetracks, switches, conduits, poles, wires, connecting tracks, curves and other appur- tenances, fixtures and appliances necessary for the con- nection ot the same with other lines, and for the opera- tion of the same, and shall have the right to carry and transport upon, along and over said line of railway, passengers, baggage. United States Mails, express mat- ter, packages, freight and parcels; provided, however, that in case the Grantee of a franchise hereunder should at any time desire to lay sidetracks or switches in excess of two, he or it must obtain permission of Council so to do. Section 40. Construction.^ continued. — Said Rail- way line shall be constructed, equipped and laid in proper and regular grade of said street, as now estab- lished; the gauge of said railway shall be standard gauge of four feet, eight and one-half inches; the rails used therein shall be girder rails, having a tram of not less than two and one-fourth (2^) inches and weighing not less than sixty (60) pounds per lineal yard; the poles shall be of cedar or pine and shall be neatly painted; the track of said railway shall, when single, be laid in the center of the street and where turnouts are con- structed, the tracks thereof shall be laid as near to the center of the street, and as close to each other as is practicable, and the rails of said track or tracks shall as nearly as is practicable be laid on a level with the sur- face of said street. Section 41. Regulatio 7 t . — Said track or tracks shall when laid, be subject at all times to be taken up and re- 73 laid at the expense of the grantee of a franchise hereun- der, whenever deemed necessary by the Council of said Village, for the purpose of re-grading, repairing or pav- ing said part of said street, constructing sewers or other improvements therein, necessitating the temporary re- moval of said track or tracks, or any part thereof, and traffic upon said street railway may be suspended by Council for such reasonable time as may be necessary on account of such repairs. In case the grade of said street should at any time be changed, the grantee of a fran- chise hereunder shall be required at his own or its own cost or expense to make his or its track or tracks con- form to such grade as changed. Section 42. Pavings Etc . — The grantee of a fran- chise hereunder shall lay his or its tracks upon a furnace cinder or other substantial macadam and shall restore that part of said street which has been macadamed, as nearly as practicable to its former condition; whenever said street is paved, the grantee of a franchise hereunder shall pave the space between the rails, the devil strip, and one (i) foot on the outside of the outer rails, at the same time and with the same material as the remainder of said street is paved, and shall keep the space between the rails and tracks and one (i) foot outside of the outer rails in repair and free from nuisance during the life of this grant. Section 43. Macada 7 nizing . — The grantee of a fran- chise hereunder shall macadamize that part of said street which has been macadamized and improved, to the curb line, which is understood to be seventeen (17) feet on each side, measured from the center line of the street, using the same kind of material as has been used by the Village on the remainder of said part of said street, and shall macadamize in like manner with like material to the same width, those parts of said street not yet im- proved, and that said work shall be done under the su- pervision of the Council of said Village. 74 Section 44. Interference . — In the erection of poles and wires for the operation of said railway, the grantee of a franchise hereunder shall, so far as practicable, avoid interference with the poles, wires and lamps of the Elec- tric Eight Plant of said Village, and wherever in the erection of such poles and wires, any interference is nec- essary with the poles, wires or lamps of said Electric Eight Plant, the grantee of a franchise shall first agree with the Board of Trustees of the Electric Works as to such changes as shall be made to avoid interference, and at its own cost and expense, and to the satisfaction of said Board, shall make such changes. Section 45. Cars.^ Etc . — The cars to be used on said railway shall be properly lighted and heated whenever the comfort and convenience of passengers require the same. Each motor car shall be supplied with a proper headlight and gong; such headlight shall be lighted whenever the safe and careful operation of such car re- quires the same. Cars shall be stopped to receive or to permit passengers to alight, so as to leave the rear plat- form slightly past the cross-walk. Cars shall be run along said track or tracks not less than one every thirty (30) minutes in each direction, between the hours of 5:30 o’clock A. M., Central Standard Time, and 10:30 o’clock P. M., and on Sundays as late as 10 o’clock P. M., Central Standard Time. Section 46. Non- Liability . — The Village shall not be held liable to the grantee of a franchise hereunder for any damage suffered by him or it from the breakage of any sewer, water or other pipes or from any delay that may be caused by the construction of sewers, laying of water pipes, gas or other pipes, or the necessary repair- ing of the same, or from any delay or damage that may be caused by fire or otherwise. Section 47. Indemnity . — The grantee of a franchise shall at all times defend, keep harmless and indemnify the Village of Eowellville from and against any and all 75 damages, lawful claims and demands, for injury to per- sons or property to which said Village may be legally subjected, or made liable by any proceeding at law or in equity, growing out of the construction, maintenance and operation of such line of railway, provided said Vil- lage shall give such grantee reasonable notice of any and all such claims, and reasonable notice of the pendency of any and all such actions; and permit said grantee to assume and control negotiations for the settlement of any and all such actions. Section 47. Reservation , — The Village of Lowell- ville reserves to itself, the right to grant to any other person or persons, company or corporation, operating a street railway, the ri^ht and privilege to cross the railway laid hereunder at grade at any public street crossing upon such terms and conditions as the Council may deem just and equitable, in case the grantee of a franchise hereunder and the person or persons, company or corporation, seek- ing such crossing should fail to agree among themselves. Section 48. Bids . — The bidders for the franchise over the route established in Section 38 hereof, shall state in their proposals therefor: (1) At what price they will carry passengers over said route in either direction. (2) At what price they will carry passengers between Lowellville and the Pittsburg & Western Station at Struthers, or at any intervening point in either direction. (3) At what price they will carry passengers between Towellville and the Public Square (commonly called the Diamond) in the City of Youngstown, Ohio, or any in- tervening point in either direction. And (4) That they will carry children 5 yrs. of age 01 under, accompanied by an older person in charge, free. Section 49. Term . — The franchise which shall be given hereafter for the operation of said railroad route shall continue for and during the period of twenty-five (25) years from and after its date, and such line of rail 76 way shall be completed and in operation in fifteen (15) months from the same date, unless the construction and operation thereof be prevented b} litigation or other causes beyond the control of the grantee hereunder. Section 50. Advertising . — The Clerk of said Village is hereby ordered to advertise for sealed proposals to con- struct and operate a street railway over the route estab- lished in Section 38 hereof, and covering the points mentioned in Section 48 hereof, for the period of three consecutive weeks, as provided by law. Section 51. Force and Effect . — This ordinance shall take effect and be in force from and after its passage and legal publication, and all the terms, obligations and con- ditions hereof shall run to and be binding upon the grantee of a franchise hereunder, his, its, or their heirs, successors, lessees or assigns. (Passed June 4th, 1900. Bk. i, p. 184.) Section 52. Grantees . — Permission is granted to Arthur A. Anderson and John B. McVey, the survivor of them, their heirs, successors, lessees or assigns, to con- struct and operate said Street Railroad Route No. i as follows: “Upon and over Biberty Street in said Village through- out its entire length with the right and privilege to carry and transport over said line of railway, passengers, freight, baggage, express matter. United Stages Mails, packages and parcels.” Section 53. Terni.--^\i^ foregoing grant shall be for the period of twenty-five (25) years, and shall be sub- ject to all the terms and conditions contained in an ordi- nance entitled: “An Ordinance to establish a Street Rail- road Route upon and over Liberty Street in the Village of Lowellville, Ohio, and to prescribe tt e terms and condi- tions upon which a street railway may be constructed, maintained and operated thereon,” passed by the Council on the 4th day of June, A.D. 1900, establishing said route. Section 54. Fare . — The rate of fare shall at no time exceed the rates named in the preamble to this ordi- nance, to-wit: 77 First. Over said route, in either direction, single fare, five (5) cents. Second. Between Lowellville and the Pittsburg & Western Station at Struthers, O., or any intervening point, in either direction, single fare five (5) cents. Third. Between Lowellville and the Public Square (commonly called the Diamond) in the City of Youngs- town, Ohio, in either direction, single fare ten (10) cents. {a) From Dowellville, or from any point between Dow- ellville and the Pittsburg & Western Station at Struth- ers, Ohio, to any point between said Pittsburg & West- ern Station and the Public Square in the City of Youngs- town, Ohio, single fare ten (ro) cents. (b^ From the Public Square in the City of Youngs- town, Ohio, or from any point between said Public Square and the Pittsburg & Western Station at Struth- ers, to any point between said Pittsburg & Western Sta- tion and lyowellville, single fare ten (10) cents. Fourth. Children five (5) years of age or under, ac- companied by an older person in charge, free. Section 55. Acceptance . — The said Arthur A. An- derson and John E. McVey, the survivor of them, their or his heirs, successors, lessees and assigns, shall within sixty (60) days from the passage of this ordinance, in writing, accept the terms and conditions thereof, and pay all costs and expenses of publishing this ordinance, the notice of proposals for bids to construct said Street Rail- way Route No. I. (Passed Aug. 3rd, 1900. Bk. i, p. 193.) CHAPTER VI. ORDINANCES GRANTING RIGHTS AND PRIVILEGES TO TELEPHONE AND TELEGRAPH COMPANIES. Section 56. The Ohio Telephone arid Telegraph Co. — Permission is granted to The Ohio Telephone and Telegraph Company, its successors and assigns, to erect, operate and maintain its lines of telephone and telegraph including the necessary poles and wires and fixtures, upon 78 along and over the following streets within the Village of Lowellville, Mahoning County, Ohio, viz: Upon, along and over Jackson Street from the easterly line of the Village of Lowellville, Mahoning County, Ohio, to Wash- ington Street, thence along Washington Street to Railroad Street, thence along Railroad Street to Village Limits, also, upon, over and along such other streets and alleys as will best enable said Company to accommodate parties desiring to be connected with the lines of said Company. Section 57. Re-Location , — In case any pole or poles erected by virtue of this ordinance shall interfere with the public use of the streets, the Village Council may re- quire said Company to change the location of such pole ' or poles, and the said The Ohio Telephone and Telegraph Company shall make such change of location at its own expense. (Passed Aug. 20th, 1891. Bk. i, p. 60.) Section 58. Ceiitral Union Telephone Company , — The right is hereby granted to the Central Union Tele- phone Company, its successors and assigns, to place and to operate and maintain, for a period of twenty-five years (25) from the taking effect of this ordinance upon the highways of said Village, the poles, wires and fixtures necessary and convenient for supplying to the public, communications by telephone or other improved electri- cal device, for the transmission of telephone or tele- graphic communications. Section 59. Conditions , — All the privileges herein granted by the said Village are granted upon the follow- ing conditions: 1. That the Central Union Telephone Company and its successors and assigns,shall establish within sixty (60) days from the taking effect of this ordinance, and shall maintain and operate under proper and reasonable rules, a pay or toll station, at a convenient place in said Village. 2. That the said Central Union Telephone Company, its successors and assigns, shall locate its said poles, wires 79 and fixtures, on ly at such points upon the said highway as shall be determined and approved by the improvements Committee of the Council, and that said Company shall put and keep in good order all those parts of the high- ways excavated in the setting of poles or other fixtures, remove all dirt or other excavated material at its own expense, and upon removal of any such pole or other fixture, shall refill the excavation and put said highway in its former condition to the satisfaction of the Council; that all poles shall be neatly painted, and all cross arms thereon shall be not less than 24 feet above the estab- lished grade of said highways, and that said poles and other fixtures shall be so set as not to interfere with the flow of water in any gutter or drain, or with trees planted for shade. Section 60. Indemnity . — Said Company shall hold said Village harmless and free from all damages arising by reason of any abuse or negligence in such occupancy; and this grant is made, and is to be enjoyed subject to all reasonable regulations or ordinances of a police nature as said Council may be authorized and see proper at any time to adopt, not destructive to the rights hereby granted. Section 61. Reservation . — The right of use herein given shall not be exclusive; the Council reserves the right to grant a like right of way to any person or persons for similar uses; the same, however, not to interfere with a reasonable exercise of the privileges hereby granted. Section 62. Village IVires^ Etc . — In consideration hereof, said Central Union Telephone Company shall agree to allow the Village to attach at any time to any of said poles, the Village fire alarm and police wires; pro- vided the same shall not be done so as to interfere with said Company’s use; and such attachment shall be made and maintained under direction of said Company’s Mana- ager. And said Company is to furnish such telephones as the Council may by resolution require for Village use at twenty-five (25) per cent discount from the regular 8o prices from time to time charged for business purposes, provided that for each of the telephones so furnished separate contracts containing the customary provisions, be previously signed, having endorsed thereon the con- cession herein specified. (Passed June 19th, 189. Bk. i, p. 140.) Section 63. Youngstown Telephone Co. — The Youngs- town Telephone Company, its successors and assigns, and it and they are granted the right, franchise and privilege of constructing and maintaining in, upon, along, over and under the streets, alleys, bridges, public ways and public grounds, of the Village of Towellville, Ohio, such poles and posts, of wood, iron or other suitable material, and such wires and other appurtenances and fixtures as are or may be necessary and convenient for the construc- tion, maintenance and operation of a telephone ex- change or system of telephones in said Village. Section 64. Conditions. — All the rights herein granted by said Village, are granted subject to the fol- lowing provisions and conditions: First. Constructio 7 i. — Such poles, posts, wires and other appurtenances and fixtures shall be erected and maintained, only upon one side of each street, alley, bridge, public way and public ground used, unless it shall be necessary to change from one side thereof to the other, for the purpose of reaching a desired destination, or for the purpose of avoiding obstructions. Second. Co^istruction.^ contmued. — Said poles or posts shall be so set, and suid wires so placed thereon as not to interfere with travel upon said streets, alleys, bridges, public ways, and public grounds; and in case any pole or post so erected shall interfere with the public use of said streets, alleys, bridges, public ways or public grounds, said Village may require the said The Youngstown Tele- phone Company, its successors or assigns, to change the location of the same, and thereupon the said The Youngs- town Telephone Co., its successors or assigns, shall make 8i such change of location at its own expense; and the said The Youngstown Telephone Co., its successors or assigns, shall put in good order and repair, at its own expense, all parts of said streets, alleys, bridges, public ways and public grounds, which shall be excavated, to permit the setting of said poles or posts, and shall remove the dirt or other excavated material, at its own expense, if deemed necessary by said Village. And on the removal of any poles or posts, by the said The Youngstown Tele- phone Company, its successors or assigns shall refill the excavations therefore occupied by the poles or posts re- moved, to the satisfaction of said Village. Third. Construction.^ co7itinued . — Said poles or posts shall be so set as not to interfere with the flow of water in any gutter or drain, or with trees planted for shade in said Village, and shall be shaven and painted, and erected under the supervision of the Council of the said Village. And said Council shall have the right to establish and make such regulations, with reference to the public safety, protection, painting and sightliness of poles or posts and appurtenances as it may determine. Fourth. Village Wires . — The said Village shall have the right to string its fire alarm and police wires upon all of the poles or posts erected by the said The Youngstown Telephone Company, its successors or assigns; but in such manner as not to interfere with the proper and sat- isfactory use of the same by the said The Youngstown Telephone Company, its successors or assigns, it being un- derstood that said Village may use the top arm of eacli pole, or so much of the same as may be necessary for that pur pose. Fifth. Central Office . — The said The Youngstown Telephone Company, its successors or assigns, shall main- tain and use, under proper and reasonable restrictions and rules, a central office and operator, on the system of telephone wires erected by it, under this ordinance, at a convenient point in said Village. 82 Sixth. Rates. — The said The Youngstown Telephone Co., its successors or assigns, shall charge a uniform price to all persons within said Village, for the same service ren- dered, and under contracts, for the same period of time. Seventh. Free Telephone for Village. — The said The Youngstown Telephone Co., its successors or assigns, shall furnish to said Village, for Village business, free of charge, and with exchange service, one telephone at the place of meeting of the Council, and shall also furnish any addi- tional instruments that may be required for Village use, when called for by a resolution of the Council, at twenty- five per cent discount on the regular rates from time to time charged for telephones for office use, provided that for each and all telephones so furnished, separate written contracts shall be previously signed, having endorsed thereon, the terms of payment herein provided for. Eighth. Exchange. — The said The Youngstown Tele- phone Company, its successors or assigns, shall build a telephone exchange, of sufficient capacity to accommodate at least fifty subscribers, and have the same in operation within one year, unless the same is prevented, by litiga- tion or other cause, beyond its control. And should the operation of said telephone exchange be discontinued, at any time for the period of one year, this ordinance shall become null and void, at the option of said Village, un- less said discontinuance be caused by litigation or other cause beyond the control of said Company, its successors or assigns; and thereupon the poles, wires and other ap- purtenances and other fixtures, shall be removed from the streets, alleys, bridges, public ways and public grounds of said Village, within a reasonable time, upon request of said Village. Ninth. Indemnity. — Said Company shall hold said Village free and harmless from all damages aris- ing by reason of the occupancy of streets, alleys, bridges, public ways and public grounds of said Village, inider this ordinance, provided, however, that said Vil- 83 lage shall immediately give the said The Youngstown Telephone Company, its successors or assigns, written notice ot any claim for damages that may be made against said Village arising from the reason hereinbefore mentioned, and shall permit said Company, its success- ors or assigns, to compromise, adjust or defend against such claim or claims as to said Company may seem best. Tenth. Reservation . — The right, franchise and privi- lege granted shall not be exclusive, the Council reserv- ing the right to grant like rights, privileges and fran- chises, to any person, persons or corporation. Eleventh, hiterference . — The right, privilege and franchise granted shall be so used and exercised by the said The Youngstown Telephone Company, its success- ors or assigns, so as not to interfere with a reasonable use and exercise of the electric light system of said Vil- lage, or with the reasonable use and exercise of any rights, privileges or franchises heretofore granted by said Village, to any person, persons or corporation. Twelfth. Acceptance . — The said The Youngstown Tele- phone Company, its successors or assigns, shall, within thirty days after the passage of this ordinance, accept the right, franchise and privilege hereby granted it, and pay the ‘expense of the preparation and publication ot this ordinance. (Passed May 27th, 1901. Bk. i, p. 213.) (Acceptance, see Bk. i, p. 222.) ( Note. — For an ordinance granting certain rights to The Union Telephone and Telegraph Company, see Bk. I. P- 1 35 -) 84 CHAPTER VIL ORDINANCES GRANTING MISCELLANEOUS RIGHTS AND PRIVILEGES. Section 65. Electric Works Switch . — The right is granted to the Board of Trustees of the Electric Works, and to the Pittsburg and Lake Erie Railroad Company under any agreement which the said Trustees may make with said Railroad Company, and to the respect- ive successors and assigns of said Trustees and said Com- pany, to construct, maintain, use and operate a single track railroad switch or side track from the existing switch of said Railroad Company on Water Street, along and upon Fourth Street, the full length of the premises purchased as a site for the Electric Eight Works, to- wit : The West Half of Eot Number Thirty-Three (No. 33) in said Village. ( Passed March 28th, 1900. Bk. i, p. 180.) Section 66. Jesse Cun 7 tingha 7 n . — The right is hereby granted to Jesse Cunningham, his heirs, legal repre- sentatives and assigns, to place and to operate and to maintain for the period of Twenty-five ( 25 ) years, from the taking effect of this ordinance, upon Third Street the full length of said Street in said Village, the poles, wires and fixtures necessary and convenient for the transmission of communications, by telephone, 01 other improved electrical devices. Section 67. Conditions . — All the privileges herein granted by said Village are granted upon the following conditions : First. Construction . — The said Jesse Cunningham, his heirs, legal representatives and assigns shall locate and maintain said poles, wires and fixtures only at such points, upon said Street, as shall be determined and approved by the Improvement Committee of the Coun- cil, and shall put and keep in good order, all those parts of said street excavated in the setting of poles or other fixtures, remove all dirt or other excavated 85 material, at his or their own expense, and upon removal of any such pole or wire or other fixture, refill the excavation and put said street in its former condi- tion to the satisfaction of the Council. All poles shall be neatly painted and all cross-arms thereof shall be not less than twenty-four ( 24 ) feet above the established grade of said Street. And said poles, wires and fixtures shall be so placed and maintained as not to interfere with travel on said street, and so as not to interfere with the poles, wires and fixtures of the Electric Eight Works of said Village ; ( or with the poles, wires and fixtures of the Central Union Telephone Company, or of any person or corporation to whom a franchise has been heretofore granted, for the operation of any Street Rail- way, within said Village). And said poles and other fixtures shall be so set as not to interfere with flow ot water in any gutter, drain or sewer, or with trees planted for shade. Second. Indemnity., Etc . — The said Jesse Cunning- ham, his heirs, legal representatives and assigns, shall hold such village free and harmless from all damages arising by reason of (any trespass or negligence in) such occupancy. This grant is made and is to be enjoyed, subject to all reasonable regulations and ordinances of a police nature, as said Council may be authorized and see proper at any time to adopt, not destructive to the rights hereby granted. Third. Reservations . — The right of way liere given shall not be exclusive. The Council reserves the ri^rlit to grant a like right of way to any person or p^ rsons for similar uses. The same, however, not to interfere with a reasonable exercise of the privileges hereby granted. Fo2irth. Village Wires., Etc . — In consideration hereof, said Jesse Cunningham, his heirs, legal representatives and assigns shall allow said Village to attach, at any time to any of said poles, Village fire alarm and police wires, provided the same shall not be done, so as to inter- fere with the proper use of said telephone line, and such 86 attachment shall be made and maintained under the direction of said Jesse Cunningham, his heirs, legal rep- resentatives or assigns. (Passed January 7th, 1901. Bk. i, p. 200.) Section 68. Walsh and Stambaugh . — That Walsh and Stambaugh be given the right and privilege to occupy and use with the scales and offices, and to make an opening for the purpose of removing coal for a period of ten (10) years at the extreme south end of Howard Street. Section 69. Contmned. — Walsh and Stambaugh shall keep the Village of Towellville, Ohio, free and clear from any damage that might accrue by their occu- pying said street. Section 70. Continued . — All refuse and dirt is to be removed and said street kept open for travel. (Passed April 4th, 1904. Bk. 2, p. 116.) (Note. — For an ordinance granting certain pipe line rights to E. T. Cooper & Co., see Bk. i, p. 224.) CHAPTER VIH. ORDINANCES APPROVING PLATS. Section 71. Margaret N. Lowry. — Margaret N. Lowry’s sub*division into lots of that portion of the Mar- garet N. Lowry farm lying along the North side of Wood Street in the suburbs of Lowellville, and situated partly in Great Lot No. Eighty (80) and partly in Great Lot No. Eighty-one (81) in the original survey of Poland Township (that part of said sub-division which is situated in said Great Lot No. Eighty-one, being within the limits of said Village) as said sub-division was surveyed by Chas. L. Mackey, Civil Engineer, August 9, 1899, and approved, certified and acknowledged by the said Margaret N. Lowry, October 2, 1899, is accepted and approved, and the streets therein laid out within the limits of the said Village, and platted and dedicated to public use by the proprietress of said sub-division 87 are accepted, and such dedication confirmed and the same are declared to be public highways of the said Village, and the Village Clerk is directed to certify upon said plat for record the approval of said sub-division by the Council as aforesaid. (Passed Oct. 2nd, 1899. Bk. i, p. 143.) Section 72. Geo. Quies^ier . — The plat of lots and streets in the sub-division of Out-Iyot No. Thirty-six (36) in said Village, platted and owned by Geo. Qniesner, sur- veyed on the 6th day of February, 1901, by Geo. M. Montgomery, County Surveyor, and certified and acknowledged by said Geo. Quiesner on the iith day of February, 1901, is accepted and approved and the streets and alleys therein laid out and platted and dedicated to public use by the proprietor of said sub-division, are accepted and said dedication confirmed, and the same are declared to be public highways of the said Village, and the Village Clerk is directed to approve said plat for record. (Passed February 19th, 1901. Bk. i, p. 210.) Section 73. Nessle^s Second Addition . — A plat of Nessle’s Second Addition to Lowell ville, O., as re-sur- veyed January 25th, 1902, by Edwin Hazeltine, Sur- veyor, and acknowledged by Isaiah J. Nessle on the 17th day of March, 1902, is approved. (Passed March 17th, 1902. Bk. i, p 236.) Section 74. He^iry Mnllin . — The plat of lots and streets in a sub-division of a part of Out-Lots No. 30 and 31 in the Village of Lowellville, County of Mahoning, State of Ohio, platted and owned by Henry Mnllin, dated and acknowledged by him on the 13th day of July, 1904, is accepted and approved, and the streets therein laid out and platted and dedicated to public use by the proprietor of said sub-division are accepted, and such dedication confirmed, and the same are declared to be public highways of said Village of Lowellville, State of Ohio, and the Clerk of said Village is directed to approve said plat for record. (Passed Aug. ist, 1904. Bk. 2, p. 140.) 88 Section 75. F. A. McBride . — The plat of five lots in a sub-division of a part of Ont-Iyots Number Thirty (30) and Number Thirty -one (31) of the Village of Tow- ellville, State of Ohio, platted and owned by F. A. McBride and dated and acknowledged by him on the 19th day of December, A. D., 1904, is accepted and approved and the Village Clerk directed to approve said plat for record. (Passed January 4th, 1905. Bk. 2, p. 182.) CHAPTER IX. ORDINANCES AUTHORIZING THE PURCHASE OR LEASE OF PROPERTY. Section 76. Electric Works Site. — Whereas the Board of Trustees of the Electric Works of the Village of Lowellville, Ohio, propose to purchase from James Erskine for the sum of Two Hundred and Fifty Dollars ($250.00), the following described premises as a site for the Electric Works of said Village, to-wit : Situated in the Village of Lowellville, County of Mahoning and State of Ohio, and known as the West Half of Lot Num- ber Thirty-Three (33) according to the present enumera- tion of lots in said Village, formerly known as Lot Num- ber One (No. i) in Block No. 5, and bounded as follows : On the North by the right of way of Pittsburg and Lake Erie Railroad Company ; on the East by the East Half of said lot. Number Thirty-Three (No. 33) heretofore sold by the said James Erskine to Andrew Baughman ; on the South by Water Street, formerly known as Canal Street ; on the West by Fourth Street, and having a frontage of thirty-three (33) feet on Water Street, and extending back therefrom between parallel lines one hundred and fifteen feet and nine inches (115 ft. and 9 in.) excepting and reserving, however, to the said James Erskine, his heirs, legal representatives and assigns, the right to remove the salt house now upon said premises from its present site and to keep and maintain 89 said salt house upon the said North-parts of said prem- ises, for the full term of ten (lo) years with the free right of access to said salt house at all times and for all purposes connected with the use and occupancy of said house, and the right to remove the said salt house from said premises at the expiration of said term of ten (lo) years, be the same more or less, but subject to all legal highways. Now therefore, ordained, that the purchase from James Erskine for the sum of Two Hundred and Fifty Dollars ($250.00) of the above recited and described premises as a site for the Electric Works of said Village, be and the same is hereby authorized and approved, and that said Board of Trustees be and are authorized to take the title of said premises to themselves, and their successors and assigns forever. (Passed March 28th, 1900. Bk. i, p. 178.) (Note. — For ordinance authorizing lease of the Mayor’s Office from Board of Control, see Bk. 2, p. 85). CHAPTER X. ORDINANCES APPROPRIATING PROPERTY. Section 77. Third Street Sewer Oiitlet . — The fol- lowing described property, to-wit : Situated in the Vil- lage of Eowellville, County of Mahoning and State of Ohio, and known as part of Out- Lot Number Four (4) according to the present enumeration of out-lots in said Village and bounded as follows ; Beginning at a point on the South side of Water Street five (5) feet easterly from the intersection of the Southerly line of Water Street with the center line of Third Street produced ; thence in a Southerly direction parallel with the center line of Third Street produced and five (5) feet distant easterly therefrom for a distance of thirty-three (33) feet to a point ; thence westerly parallel with the South line of Water Street and distant thirty-three (33) feet there- from for a distance of ten (10) feet to a point ; thence 90 Nortlieily parallel with the center line of Third Street produced and distant five (5) feet westerly therefrom to the South line of Water Street, a distance of thirty- three (33) feet ; thence Easterly along the South line of Water Street, for a distance of ten (10) feet to the place of beginning and containing three hundred and thirty (330) square feet of land, is appropriated to public use for the purpose of opening, constructing and main- taining an extension and outlet for the brick storm sewer upon Third Street in said 'Village, which brick storm sewer is to be used in the place of the present two pipe storm sewers and the box culvert extensions thereof now located and used upon said Third Street. Said prem- ises above described and said storm sewer shown by the blue print hereto annexed, marked “Exhibit A” and hereby referred to. Section 78. Application to Court. — The solicitor and legal counsel of said Village is authorized and directed to apply to a court of competent jurisdiction to have a jury impanelled to make inquiry into and ascertain the compensation to be paid for such property. (Passed March 20th, 1905. Bk. 2, p. 188.) CHAPTER XL ORDINANCES TO ISSUE BONDS. Section 79. Electric Works Bonds . — The bonds ot said Village shall be issued and sold in the sum of Eight Thousand Dollars ($8000.00), for the purpose of erecting electric light works in said Village, for supplying said Village and the inhabitants thereof with light. Section 80. Continued . — Said bonds shall be issued in denominations of not less than One Hundred Dollars ($100.00); shall have interest coupons attached; shall bear interest at the rate of six (6) per centum per annum, payable semi-annually on the first day of April and Oc- tober, in each year; the principal and interest shall be 91 payable at the First National Bank of Youngstown, Ohio, and the principal shall be payable as follows: Five Hundred Dollars ($500.00) on Oct. ist, 1901. 1902. 1903. 1904. 1905. 1906. 1907. 1908. 1909. 1910. 1911. 1912. 1913- 1914. 1915- 1916. Section 81. Contimied . — Said bonds shall be signed by the Mayor under the seal of the Village, and coun- tersigned by the Clerk, and shall be advertised, issued and sold, in the manner provided by law for the issue and sale of municipal bonds. Section 82. Contimied . — The proceeds of said bonds shall be placed in the Village Treasury to the credit of a fund to be known as the Electric Light Works Construc- tion Fund, and shall be used for the purpose of erecting electric light works, and for no other purpose whatever. (Passed Nov. 20th, 1899. Bk. i, p. 150.) CHAPTER XH. ORDINANCES ESTABLISHING STREET GRADES. WATER STREET. Section 83. Center Line . — The grade of the center line of Water Street from the West line of Lot No. 97 (Lot I, Block 13) to Sixth Street is established at elevation referred to the base of levels. North Side, as follows: At Station No. o on West line of Lot No. 97 (Lot No. i, Block 13) 68.4 At Station No. 6, 5 ft. east of center of First St 75.9 92 At Station No. 9, at center of Second Street 78.3 At Station No. 17 69.5 At Station No. 21-40, at center of Sixth Street 67.7 B. M. No. ii: On top of foundation stone at S.-W. corner of house at N.-E. corner of Water St. and First Street. Ele- vation 77.495- B. M. No. 13: Elevation 73.51 on top of foundation stone at N.-W. corner of brick mill. Grade from Station No. o to Station No. 6 1.25-100% “ “ “ “ 6 “ “ “9 0.8-10% “ 9 “ “17 1.1-10% “ “ “ “ 17 “ “ “ 21-40 0.4-10% The grade at the center line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (100) feet apart, and numbered Eastward from Station o, which is opposite the West line of Eot No. 97 (Lot No. i. Block 13). Section 84. Curb and Side Lines . — The grade of both side lines is established at the same elevation as the grade of the center line, and the grade of both curb lines at an elevation of two-tenths (2-10) of a foot lower than center line, provided the grade of curb and side lines shall con- form at intersecting streets and railroads with the estab- lished grade of the same, and provided the crown of said street shall be eight-tenths (8-10) of afoot, and the height of the curb six-tenths (6-10) of a foot. (Passed Oct. 21st, 1898. Bk. i, p. 129.) Section 85. Sidewalk., North Side., Third to Sixth . — The grade of sidewalk line on the North side of Water Street from Third Street to Sixth Street is established at elevation referred to base of levels, North Side, as follows: At Station 12-39 — (^4 h- east of center 3rd St 76.00 “ “ 18 69.26 “ 21-20 — (on west line of Sixth Street) 68.49 And said grade shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and are numbered east- ward from Station o, which is at the center of McGill St. Section 86. Inside Lme . — The grade of the inside line is established at elevation one and one-fourth (1%^) 93 inches above the grade of the outside line described in preceding section. Provided, the grade of said sidewalk line shall conform at intersecting streets and railroads with the established grades of the same. The inside line of sidewalk shall be placed one (i) foot from the line of said street. (Passed July 21st, 1902. Bk. i, p. 267.) LIBERTY STREET. Section 87. Center Line . — The grade of the center line of Liberty Street from the Bast line of Out-Lot No. 33 to Sixth Street is established at elevation referred to Village base of levels, North Side, as follows: At Station o (on the east line of Out-Lot No. 33). . . 79.4 “ “ 0-68 79.4 “ “ 3-18 82.4 “ “ 5-68 81.0 « 9-68 83.7 “ “ 10-68 83.7 “ “ 17-68 76.7 “ “ 21-18 75.3 ‘‘ “ 21-58 (on the east line of Sixth St.) 75.3 The grade ot said center line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (100) feet apart, and are numbered Eastward from o, which is at the intersection of the Bast line of Out-Lot No. 33 and Liberty Street. Section 88. Curb and Side Lines . — The grade of both curb lines is established at the same elevations as the grade of the center line, and the grade of both side lines at an elevation five-tenths (5-10) of a foot higher than said center line, provided, grade of said curb and side lines shall conform at intersecting streets and rail- roads with the established grade of the same (etc.). (Passed July 21st, 1902. Bk. i, p. 249.) Section 89. Sidewalk., North Side., First to Fourth . — The grade of the sidewalk line on the North side of Lib- erty Street from First Street to Fourth Street is estab- lished at elevations referred to the basis of levels. North Side, as follows: 94 At Station 6-o8 (15 ft. East of the center of ist St.). . . “ “ 8-83 “ “ 9-13 “ “ 10-68 “ “ 11-88 “ “ 15-13 (01^ the West line of Fourth St.) 81.92 84-33 84-53 83.70 82.62 81.18 Said grade shall be uniform from one to another of the grade points and in order enumerated. Stations are one hundred (100) feet apart, and are numbered Eastward from Station o, which is on the Easterly line of Out-Eot No. 33. Section 90. Inside —Inside Line of said side- walk is established at an elevation one and three. fourths (i^) inches above the grade of the outside line described in preceding section, provided, the grade of said sidewalk line shall conform at intersecting streets and railroads with established grades of the same. The inside line of said sidewalk shall be placed one and one- half (ij4) feet from the line of said street. (Passed July ist, 1902. Bk. i, p. 269.) WOOD STREET. Section 91. Center Line McGill Street to QuiesneC s. (For change of grade see below.) The grade of the center line of Wood Street from Mc- Gill Street to Quiesner’s Lane is established at elevations referred to base of levels. North Sif^e, as follows: At Station o (at center of McGill Street) “ 8 “ II “ 12-54 (at Quiesner’s Lane) 99.60 96.00 94.49 102.00 103.00 The grade of the centerline shall be unform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered Westward from Station o, which is at the center of Mc- Gill Street. Spxtion 92. Sidewalks . — The grade of the sidewalk on the North side shall be parallel to, and one (i) foot higher than grade of center line. The grade of sidewalk on the South side, shall be at the same elevation as the 95 center line, as described in preceding section. The grade of inside lines of sidewalks is established at elevation one and one-fourth {i}() inches above the grade of the outside lines, and the grade of curb lines shall conform to the grades of center line, and sidewalk lines. The inside lines of sidewalks shall be placed one (i) foot from the side lines of said street. (Passed July 2ist, 1902. Bk. i, p. 255.) Section 93. Change of Grade^ McGill Street to 1200 feet West , — The grade of Wood Street from center of McGill street to a point twelve hundred (1200) feet west of said center of McGill Street, is established as follows: Beginning at the intersection of the center line of Wood Street with the center line of McGill Street at an eleva- tion of ninety-eight (98) feet above the established base of levels; thence along the center line of said Wood Street on a level grade for a distance of twenty (20) feet to an elevation of ninety-eight (98) feet; thence descend- ing at the rate ot one (i) foot in one hundred (100) feet, for a distance of eighty (80) feet to an elevation of ninety- seven and two-tenths (97.2) feet; thence descending at the rate of one and three-tenths (1.3) feet in each one hundred (100) feet for a distance of two hundred (200) feet to an elevation of ninety-four and six-tenths (94.6) feet; thence ascending at the rate of fourteen hundredths (.14) feet in each one hundred feet for a distance of four hundred and thirty-two (432) feet to an elevation of ninety-five and two-tenths (95.2) feet; thence ascending at the rate of one and twenty-five hundredths (1.25) feet in each one hundred (100) feet fora distance of one hun- dred and twenty-eight (128) feet to an elevation of ninety- six and eight-tenths (96.8) feet; thence ascending at the rate of two and eight-tenths (2.8) feet in each one hundred (100) feet, for a distance of one hundred (100) feet, to an elevation of ninety-nine and six- tenths (99.6) feet; thence ascending at the rate of one and eight-tenths (1.8) feet each one hundred (100) feet for a distance of one hundred (100) feet to an elevation g6 of one hundred and one and four-tenths (101.4) feet; thence ascending at the rate of one and two-tenths (1.2) feet in each one hundred (100) feet for a distance of one hundred (100) feet to an elevation of one hundred and two and six-tenths (102.6) feet to Station No. twelve (No. 12), which is said point in the center line of Wood Street, twelve hundred (1200) feet west of the center of McGill St. (Passed Sept. 22nd, 1904. Bk. 2, p. 147.) Section 94. Center Line McGill to Sixth. — (Change of Grade, see next Section.) The grade of the center line of Wood Street from McGill Street to Sixth Street is established at elevations referred to base of levels. North Side, as follows: Station 0 (at center of McGill Street) ...... 3 - -05 (“ “ ‘‘ First Street) ... 93.50 (( At Station 4 (at center of Second Street) . . . . .. 95.00 (( a (( 6-10 ( “ (( (( (( (( ^ (( a {( 7 . . . 107.60 u ({ C( II “ . . . 100.00 (C n a 15-45 (“ “ “ Fifth Street) . ..112.50 (C ic a 17 . . . 107.20 (( a ({ 18-50 ( “ “ “ Sixth Street) . . . 1 10.00 (( Grade of said center line shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered Eastward from Station o, which is at the center of Mc- Gill Street. Section 95. Curb Lines and Side Lmes. — The grade of both curb lines is established at the same elevations as the grade of the center line, and the grade of both side lines at an elevation five-tenths (5-10) of a foot higher than center line. Provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grades of the same (etc.). (Passed Sept, ist, 1902. Bk. i, p 279.) Section 96. Change of Grade.^ McGill to First . — The grade of Wood Street from the center of McGill Street to the center of First Street is established as fol- lows: Beginning at the intersection of the center line of 97 Wood Street with the center line of McGill Street at an elevation of ninety-eight (98) feet above the established base of levels; thence along the said center line of Wood Street on a level grade for a distance of twenty (20) feet to an elevation of ninety-eight (98) feet; thence descend- ing at the rate of one and eighty-nine one-hnndredths (i 89-100) feet in each one hundred (100) feet for a dis- tance of two hundred and sixty-two (262) feet to an ele- vation of ninety three (93) feet; thence on a level grade for a distance of twenty (20) feet to the intersection of said center line of Wood Street with the center line of said First Street at an elevation of ninety-three (93) feet. (Passed Sept. 22nd, 1904. Bk. 2, p. 150.) Section 97. Sidewalk^ North Side^ McGill to Third. • — The grade of the sidewalk line on the North side of Wood Street from McGill Street to Third Street is estab- lished at elevations referred to the Village base of levels, Nortt side, as follows: Station o (At center of McGill Street) “ 2-88 4 “ 5-98 “ 6-25 “ 8-95 8-10 (on W. line of Third St.) 100.60 94 - 5 ° 94-50 q6.oo 108.88 1 10.00 1 10.00 106.30 Section 98. Sidewalk^ South Side^ McGill to Third. — The grade of the sidewalk on the South side of Wood Street from McGill Street to Third Street is established at elevations referred to base of levels. North side, as follows: At Station << (( (( (t (( (( 0 (At center McGill Street) ^-85 3-25 4 98.60 92 - 5 ,? 92-53 it << 5-90 104.56 (( (( 6-30 104-56 (( (( 7-50 <( (( 8-95 9-10 Section 99. hiside Lines., Etc. — The inside lines ot said sidewalks are established at elevations one and one- fourth (i}{) inches above the grade of the outside lines 98 as above described, provided, the grade of said sidewalk lines shall conform at intersecting streets and railroads with the established grades of the same. The grades of said sidewalks shall be uniform from one to another of the grade points, and in the order enu- merated. Stations are one hundred (roo) feet apart, and numbered Eastward from Station o, which is at the center of McGill Street. The inside lines of said sidewalk shall be placed one (i) foot from the line of the street. (Passed July 2 ist, 1902. Bk. i, p. 271 and p. 273.) GRANT STREET. Section ioo. Center Line ^ Etc. — The grade of Grant Street from the East line of Nessle Street to the Center line of Second Street is established as follows: Beo:in- ^ O ning at the intersection of the center line of said Grant Street with the said East line of Nessle Street at an ele- vation of one hundred and twenty-five and six-tenths (125.6) feet above the established base of levels; thence along said center line of Grant Street ascending at the rate of six and four-tenths (6.4) feet in each one hundred (100) feet for a distance of fifty (50) feet to an elevation of one hundred and twenty-eight and eight tenths (128.8) feet; thence ascending at the rate of four (4) feet In each one hundred (100) feet for a distance of fifty (50) feet to an elevation of one hundred and thirty and eight-tenths (130.8) feet; thence ascending at the rate of one and six- tenths (1.6) feet in each one hundred (100) feet for a dis- tance of one hundred (100) feet to an elevation of one hundred and thirty-two and four-tenths (132.4) feet; thence ascending at the rate of ninety-seven hundredths (97-100) of a foot in each one hundred (100) feet for a distance of one hundred and five (105) feet to an eleva. tion of one hundred and thirty-three and six-tenths (i 33.6) feet at the intersection of said center line of Grant Street with the East line of First Street; thence ascending at the rate of two (2) feet in each one hundred (100) feet for a distance of one hundred and forty-five (145) feet to an 99 elevation of one hundred and thirty-six and five-tenths (136.5) feet; thence ascending at the rate of two and forty-six hundredths (2.46) feet in each one hundred (100) feet for a distance of one hundred and forty-three (143) feet to an elevation of one hundred and forty (140) feet at the intersection of the said center line of Grant Street with the said center line of Second Street, and the curb line shall be on the same level with the said center line. (Passed Nov. 7th, 1904. Bk. 2, p. 166.) MCGILL STREKT. Section ioi. Center Line . — The grade of the center line of McGill Street from Water to Wood Streets is es- tablished at elevations referred to the Village base of levels, North side as follows: At Station o (center of Water Street) 72.0 “ “ 0.30 72.0 “ “ 1.50 80.6 “ “ 2.15.75 80.6 “ “ 3.20.75 (center of Liberty) 81.9 “ “ 5 90.9 “ “ 6.36.5 (center Wood Street) ioo-5 The grade line shall be uniform from one to another of the grade points, and in order enumerated. Stations are one hundred (100) feet apart, and are numbered north- ward from Station o, which is at the intersecting center lines of McGill and Water Streets. Section 102. Curb and Side Lines.-^\\Q. grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at eleva- tions five-tenths (5-10) of a foot higher than said center line, provided the grade of curb and side lines shall con- form at intersecting streets and railroads with the estab- lished grade of the same, (etc.) (Passed July 21st, 1902. Bk. i, p. 247.) NESSLE STREET. Section 103. Center Lhte., Wood to Grant . — The grade of the center line of Nessle Street from Wood Street to Grant Street is established at elevations referred to the Village base of levels. North side, to-wit: lOO At Station o (20 ft. N. of center Wood St.) 100.60 “ “ 1.50 III. 10 ‘‘ “ 2.65 122.90 The grade of center line shall be uniform from one to another of the grade points, and in order enumer- ated. Stations are one hundred (100) feet apart, and numbered Northward from Station o, which is twenty (20) feet North of the center of Wood Street. Section 104. Curb and Side Lmes , — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at an elevation five-tenths (5-10) of a foot higher than said center line. Provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grades of the same, (etc.) (Passed July 21st, 1902. Bk. i, p 241.) Section 105. Sidewalk^ EastSide^ Wood to Grant . — The grade of the sidewalk line on the Bast side of Nessle Street from Wood Street to Grant Street is established at elevations referred to base of levels,North Side, as follows: At Station o (20 ft. N. of the center of Wood St.) . . . 100.28 “ T.50 I II. 10 “ 2.65 124.90 Grade of said sidewalk shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered Northward from Station o, which is twenty (20) feet North of the center of Wood Street. Section 106. Inside Line . — The grade of the inside line of said sidewalk is established at an elevation one and a fourth (i^) inches above the grade of the outside line described in preceding section, provided, the grade of said sidewalk line shall conform at intersecting streets and railroads with the established grades of same. The inside line of sidewalk shall be placed one (i) foot from the line of the street. (Passed July 21st, 1902. Bk. i, p. 273.) lOI FIRST STREET. Section 107. Center Line^ Water to Wood. — The grade of the center line of First Street from Water Street to Wood Street is established at elevations referred to base of levels, North Side, as follows: At Station 0 (at center of Water Street) . . . 75.8 feet (( 0.30 ... 75-8 n ({ I --50 ... 79 4 a (( 2-10.75 ... 80.1 ii (( 3-20.75 (at center of Liberty St.) . . . . ... 81.2 (( a 6-61.5 (on N. line of Wood St.) . . . . ... 94.5 The grade of the centerline shall be unform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered Northward from Station o, which is at the intersection of the center lines of Water and First Streets. Section 108. Curb and Side Lhies. — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at an elevation five-tenths (5-10) of a foot higher than said center line, provided, grade of said curb and side lines shall conform at intersecting streets and rail- roads with the established grades of the same, (etc.) (Passed July 21st, 1902. Bk. i, p. 245.) Section 109. Sidewalk., West Side., Railroad to Wood. The grade of the sidewalk on the West side of First Street is established at elevation referred to base of levels. North Side, as follows: At Station 2-15-29-100 (center P. & W. Ry.) 79-95 “ 3-02-75-100 81.00 “ 3-39-25-100 81.92 “ 6-11-5-10 (South line of W. Street) 92.53 The grade of said sidewalk line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (100) feet apart, and are numbered Northward from Station o, which is at the center of Water Street. Section ho. htside Line. — The grade of the inside line is established at an elevation of one and one- 102 fourth (i}^) inches above the grade of the outside line described in preceding section, provided, the grade of said sidewalk line shall conform at intersecting streets and railroads with established grades of the same. The inside line of said sidewalk shall be one (i) foot from the line of said street. (Passed July 2ist, 1902. Bk. i, p. 277.) SECOND STREET. Section III. Center Line ^ Water to Grant . — The grade of the center line of Second Street from Water Street to Grant Street is established at elevations re- ferred to the base of levels, North Side, as follows: At Station 0 (center of Water Street) 78.3 (( (( 1-57 78.9 ii 2-15-5 79-4 u (( 3-20-75 (center Liberty Street) 83.2 (( (( 6-36-5 (center Wood Street) (( K 9-44 (center Grant Street) 140.7 The grade of the center line shall be uniform from one to another of the grade points and in the order enumer- ated. Stations are one hundred (100) feet apart, and numbered Northward from Station o, which is at the in- tersection of the center lines of Second and Water Sts. Section 112. Curb and Side Lines . — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at an elevation of five-tenths (5-10) of a foot higher than the center line. Provided, the grade of curb and side lines shall conform at intersecting streets and railroads with the established grades of the same, (etc.) (Passed July 21st, 1902. Bk. i, p. 253.) THIRD STREET. Section 113. Center Line., Water to Wood . — The grade of the center line of Third Street from Water Street to Wood Street is established at elevations re- ferred to base of levels, North Side, as follows: 103 At Station 0 (at center of Water St.) 74-8 <( << 0-30 74-8 n (( 1-50 78.7 n n 2-15 : n (< 3-20-75 (at center of Liberty St.) 82.3 a (1 4 85.0 (( (( 6-36-5 (at center of Wood Street) 103-3 The grade of the center line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (lOo) feet apart, and are numbered Northward from Station o, which is at the in- tersection of center lines of Third and Water Streets. Section 114. Curb and Side Line , — The grade of both curb lines is established at the same elevation as the grade of the center line. The grade of both side lines at an elevation five-tenths (5-10) of a foot higher than said center line. Provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grades of the same, (etc.) (Passed July 21st, 1902. Bk. i, p. 265.) FOURTH STREET. Section 115. Center Line , — The grade of the center line of Fourth Street from Water Street to Wood Street is established at elevations referred to base of levels. North Side, as follows: At Station o (at center of Water Street) 71.3 “ 1-50 76.7 “ 3-20-75 (at center Liberty) 79.1 “ 4-78-54 87.1 “ 6-36-6 (at center Wood Street) i03-9 The grade of the center line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (100) feet apart, and are numbered Northward from Station o, which is at the in- tersection of the center lines of Fourth and Water Streets. Section 116. Curb and Side Lines , — The grade of both curb lines is established at the same elevations as the grade of the center line. The grade of both side lines at an elevation five-tenths (5-10) of a foot higher 104 than the center line. Provided, grade of said curb and side lines shall conform at intersecting streets and rail- roads with the established grades of same, (etc.) (Passed July 21st, 1902. Bk. i, p. 261.) FIFTH STREET. Section 117. Center Line . — The grade of the center line of Fifth Street from Water Street to Wood Street is established at elevations referred to the basis of levels. North side, as follows: At Station o (Center of Water St.). . . . “ “ 0.30 “ “ 1-50 u u 2 “ 3-20 75 (Center of Liberty St. “ 4 ‘‘ “ 6-36-5 (Center of Wood St.) 68.9 68.9 75-6 76.9 76.4 78.6 111.5 The grade of center line shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered Northward from Station o, which is at the intersection of the centers of Fifth and Water Streets. Section 118. Curb and Side Lines . — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at eleva- tions five-tenths (5-10) of a foot higher than center line. Provided, the grade of curb and side lines shall conform at intersecting streets and railroads with the established grade of the same, (etc.) (Passed July 21st, 1902. Bk. i, p. 259.) SIXTH STREET. Section 119. Center Line . — The grade of the center line of Sixth Street is established at elevations referred to the base of levels. North side, as follows: At Station 0 (Center of Water Street) 67.7 (( (( 0.30 67.7 (( (( 1-50 74-9 n t( 75-8 (( (( 3-20-75 (Center of Liberty St.) 75-3 t( It 4-78-6 81.2 ({ it 6-36-5 (Center Wood Street) 105 The grade of the ceuter line shall be uniform from one to another of the grade points, and in order enumer- ated. Stations are one hundred (lOo) feet apart, and are numbered Northward from Station o, which is at the intersection of the center lines of Sixth and Water Streets. Section 120. Curb and Side Lines . — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at elevations five-tenths (5-10) of a foot higher than center line. Provided, that grade of curb and side lines shall conform at intersecting streets and rail- roads with the estaVdished grades of the same, (etc.) (Passed July 21st, 1902. Bk. i, p 257.) RAILROAD STREET. Section 121. Street Grade . — The grade of the center line of Railroad Street is established as follows: Begin- ning at the point of intersection of the center line of said street with the easterly line of lands now belonging to the Ohio Iron & Steel Company at the elevation of forty- two and nine-tenths (42.9) feet; thence ascending east- wardly on a grade of nine-tenths of one per cent, a dis- tance of three hundred (300) feet, more or less, to a point having an elevation of forty-five and six-tenths (45.6) feet; thence eastwardly on the level grade a distance of one hundred and twenty (120) feet, more or less, to the center line of Washington Street; thence descending eastwardly on a grade of nine-tenths of one per cent a distance of eight hundred and eighty (880) feet to a point having an elevation of thirty-eight and fifty-eight hundredths (38.58) feet; thence descending easterly on a grade of five-tenths of one per cent to the easterly limits of the Village. The elevation herein mentioned is made with reference to the Village datum line, and the grade of both curb lines of said street is established at an elevation of four (4) inches below the grade of the center line thereof. (Passed Dec. 23rd, 1904. Bk. 2, p. 173.) io6 JACKSON STREET. Section 122. Center Line . — The grade of the center line of Jackson Street from the center of Washington Street eastward sixteen hundred (1600) feet, is established at elevations referred to the base of levels, South Sire, as follows: At Station o (At center of Washington Street). . . .66.00 feet “ 2-80 (At center line of Howard St.) 67.68 “ 5 69.00 ‘‘ ‘‘ 8-50 (At center of Smith Street) 66.97 ** “ “ 16-50 70.81 The grade of the center line shall be unform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered eastward from Station o, which is at the center of Washington Street. Section 123. Curb aitd Side Lines. — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at elevations five-tenths (5-10) of a foot higher than the center line, provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grades of the same, (etc.) (Passed Sept, ist, 1902. Bk. i, p. 283.) Section 124. Sidewalk.^ North Side., Washington St. Eastward . — The grade of the sidewalk on the North side of Jackson Street from Washington Street to East line of Eot No. one hundred and fifty-four (154) is established at elevations referred to base of levels,South Side, as follows: At Station o (center of Washington St.) 66.00 “ 5 68.00 “ 8-50 66.97 “ “ ii-ioj^ (East line of Lot No. 154) 68.20 The grade of said sidewalk line shall be uniform from one to another of the grade points, and it^ the order enumerated. Stations are one hundred (100) feet apart, and numbered Eastward from Station o, which is at the center line of Washington Street. Section 125. Inside Line. — The grade of the inside line of said sidewalk is established at an elevation one loy and a fourth {i%) inches above the grade of the outside line as described in preceding section. Provided, the grade of said sidewalk line shall properly conform at intersect- ing streets and railroads with the established grades of same. The inside line shall be placed one (i) foot from the line of the street. (Passed July 2ist, 1902. Bk. i, p. 243.) WASHINGTON STREET. Section 126. Center Line, Bridge to Railroad, — The grade of the center line of Washington Street from the Southerly end of the Mahoning River bridge to the center of the Pittsburg, Youngstown and Ashtabula Railroad is established at elevation, referred to the base of levels. South Side, as follows: At Station o (South end of River Bridge) 41.68 “ “ 1-98 (Top of Rail P. Y. & A.) 43-23 The grade of the center line shall be uniform from one to another of the grade points, and in the order enumer- ated. Stations are one hundred (100) feet apart, and are numbered Southward from Station o, which is at the southern end of the Mahoning River Bridge- Section 127. Czirb and Side Lines. — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at elevations five-tenths (5-10) of a foot higher than the center line. Provided, the grade of curb and side lines shall conform at intersecting streets and railroads with the established grades of the same. (Passed Sept, ist, 1902. Bk. i, p. 281.) Section 128. Center Line, Railroad to Jackson. — The grade of the center line of Washington Street from The P. Y. & A. R. R. to Jackson Street is established at eleva- tions referred to base of levels. South Side, as follows: At Station o (on the rail of the P. Y. & A. R. R.) .... 43.25 “ “ 0-50 47.66 “ “ I 51.48 “ “ 1-50 55-30 “ 2 59-12 “ “ 2-50 62.94 “ “ 2-85 7-10 (N. line of Jackson St. on crosswalk) 65.51 “ “ 3-5 7-10 (Center line 66.00 Bench Mark No. i. Top of foundation stone at Northwest corner of Eliab Lomax’s store. Elevation 47.94. io8 The grade of said street from Station o 24 to 2-85 is 7-64-100 feet perhundred(ioo)and the grade of center line shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and are numbered South from Station o, which is at the center of the P. Y. & A. R. R. Track. Section 129. Curb and Side Lmes. — The grade of both curb lines is established at the same elevations as the center line, and the grade of both side lines at an elevation five-tenths (5 10) of a foot higher than said center line. Provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grade of the same. (Passed Sept. 2nd, 1895. Bk. i, p. 106.) Section 130. Sideivalk^East Side^ Bridge to Jackson. — The grade of the sidewalk on the East side of Washing- ton Street from the Southerly end of the bridge over the Mahoning River to Jackson Street is established at eleva- tions referred to base of levels. South Side, as follows: At Station o (South end of Bridge over Mah. River) . . 41.68 “ '' 2-10 43.38 “ 4-85 (North line of Jackson) 66.00 The grade of said sidewalk line shall be uniform from one to another of the grade points. Stations are one hundred (roo) feet apart, and are numbered Southerly from Sta- tion o, which is at the southerly end of bridge over the Mahoning River. Section 131. Inside Line. — The grade of the inside line of sidewalk is established at an elevation one- fourth {yj) inch above the grade of the outside line as described in preceding section. Provided, the grade of sidewalk line shall conform at intersecting streets and railroads with the established grade of same. The inside line shall be one (i) foot from the line of the street. (Passed July 21st, 1902. Bk. i, p. 251.) HOWARD street. Section 132. Center Line, — The grade of the center line of Howard Street from the P. Y. & A. R. to Straw- 109 berry Alley is established at elevations referred to base of levels, South Side, as follows: At Station o (in center of P.Y. &A. R.R. Main Track) . 40.30 “ “ I 49.28 “ 2 58.26 « “ 3-05 7-10 (center of Jackson St. change of grade) 67.68 “ 3-50 (change of grade) 72.46 “ “ 4-50 94-57 B. M. No. 3. — 66.60 on S. E. corner of top stone step at East door of house on N.-W. corner of Jackson and Howard St. Station o. Elevation of top rail. Grade from Station o to Sta. 3-05 7-10. . . 8 98-100 per 100 ft. “ “ “ 3“C>5 7-10 3-50 II 12-100 “ “ “ 3“5o 4 “- 5<3 22 ii-ioo “ “ The center line shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and numbered South from Station o, which is at the center of the main track of the P.Y. & A. R. R. Section 133. Curb a 7 id Side Lines , — The grade of both curb lines is established at the same elevation as the center line, and the grade of both side lines at an eleva- tion five-tenths (5-10) of a foot higher than center line. Provided, the grade of curb and side lines shall conform at intersecting streets and railroads with the established grades of same. (Passed Sept. 2nd, 1895. Bk. i, p. 104.) MONROE STREET. Section 134. Center Line. — The grade of the center line of Monroe Street from the P. Y. & A. R. R. to Straw- berry Alley is established at elevation referred to base of levels. South side, as follows: At Station o (in center of P.Y. & A. R.R. Main Track) .. 37.89 “ 0-28 7-10 (on south line of Railroad St.) . . . .38.00 I 46.01 “ 2 57-13 “ 3‘05 7 '*o (Center of Jackson St.) 68.81 “ 4 (change of grade) 79-93 “ 4-50 89.41 Bench Mark No. 6. — 44.36 on top of stone foundation of house on S. W. corner of Railroad and Monroe Street on N. E. corner of stone. no Station o. — Elevation is on top of rail. Grade from 0-28 7-10 to 4 ii 12-100 ft. per 100 feet “ “ 4 4-50 1896-100 “ The center line shall be uniform from one to another of the grade points, and in the order enumerated. Sta- tions are one hundred (100) feet apart, and are numbered South from Station o, which is at the center of the main track of the Pittsburg, Youngstown and Ashtabula Railroad. Section 135. Curb and Side Lines . — The grade of both curb lines is established at the same elevation as the grade of the center line, and the grade of both side lines at an elevation five-tenths (5-10) of a foot higher than said center line. Provided, the grade of curb and side lines shall conform at intersecting streets and rail- roads with the established grade of same. (Passed Sept, and, 1895. Bk. i, p. 102.) SMITH street. Section 136. Center Lme . — The grade of the center line of Smith Street from the P. Y. & A. R.R. to Straw- berry Alley is established at elevations referred to base of levels. South side, as follows: At Station o 34-94 “ 0-287-10 35.95 “ I 40.01 “ 2 55-21 “ 3-05 7-10 66.97 “ 4 77-6i “ 4-50 87.72 Bench Mark No. 4. — 73.23 on N. E. corner of top stone step in front of School house. Bench Mark No. 6. — 44.36 on top of stone foundation of house on S. W. corner of Railroad and Smith Streets on N. E. corner of stone. Grade from 0-28 7-10 to 4 ii 20-100 ft. per 100 feet “ “ 4 4-50 20 22 100 “ “ The center line shall be uniform from one to another of the grade points, and in the order enumerated. Stations are one hundred (100) feet apart, and are numbered South from Station o, which is placed at the center of the main track of The Pittsburg, Youngstown & Ashtabula Railroad. Ill Section 137. Curb and Side Lines.-Th& grade of both curb lines is established at the same elevation as the grade of the center line, and the grade of both side lines at an elevation of five-tenths (5-10) of a foot higher than said center line. Provided the grade of said curb and side lines shall conform at intersecting streets and railroads with the established grades of the same. (Passed April 15th, 1895. Bk. i, p. 97.) CHAPTER XIII. RESOLUTIONS TO CONSTRUCT SIDEWALKS. Section 138. A natural stone or artificial stone side- walk shall be constructed : On the North side of Water Street from Third Street to Sixth Street : On the North side of Water Street from the East line of lot No. 9 to First Street : On the North side of Liberty Street from First Street to Fourth Street — Except in front of lots No. 67 and No. 68, where sidewalk is already constructed : On the North side of Wood Street from Third to Quiesner’s Lane : On the South side of Wood Street from Third Street to McGill Street : On the East side of Nessle Street from Wood Street to Grant Street : On the West side of First Street from The Pittsburg and Western Railway to Wood Street : On both sides of Second Street from Water Street to Wood Street : On the West side of Third Street from Water Street to Wood Street : On the West side of Fourth Street from Liberty Street to Wood Street : On the East side of Washington Street from the South- erly end of the bridge on the Mahoning River to Jackson Street, and on the North side of Jackson Street from Washington Street to East line of lot No. 154. Said sidewalks shall be constructed upon the grade established by Council and in accordance with the plans II2 and specifications therefor adopted by the Council and on file with the Village Clerk. (Adopted July 2ist, 1902. Bk. i, p. 286.) Section 139. Sidewalks of stone or cement and five {5) feet in width, shall be constructed as follows : On the West side of First Street from the North side of the tracks of the Pittsburg, Cleveland and Toledo Rail- road Company to the South line of Liberty Street. On both sides of Second Street from the North side of the tracks of the Pittsburg, Cleveland and Toledo Rail- road Company to the South line of Liberty Street. On both sides of Third Street from the North side of the tracks of the Pittsburg, Cleveland and Toledo Rail- road Company to the South line of Liberty Street. In accordance with the general plans and specifica- tions for sidewalks now on file in the office of the Clerk of said Village. (Adopted April 3rd, 1905. Bk. 2, p. 194.) (Adopted May ist, 1905. Bk. 2, p. 195.) Section 140. P. C. & T. Sidewalks Approved, — Cer- tain sidewalks to-wit : On the West side of First Street, from the North side of the tracks of The Pittsburg, Cleveland and Toledo Railroad Company to the South line of Liberty Street. On both sides of Second Street from the North side of the tracks of The Pittsburg, Cleveland and Toledo Railroad Company to the South line of Liberty Street. On both sides of Third Street from the North side of the tracks of The Pittsburg, Cleveland and Toledo Rail- road Company to the South line of Liberty Street. Constructed by The Pittsburg, Cleveland and Toledo Railroad Company under a resolution adopted by the Council on the 3rd day of April, 1905, are approved. (Adopted June 19th, 1905. Bk. 2, p. 197-) Section 141. Certain sidewalks shall be constructed as follows : On the North side of Water Street from the West line of lot No. 97 to the East line of lot No. 2. On the North side of Water Street from the East line of First Street to the East line of lot number nine (No. 9). On the North side of Water Street from the East line of Fifth Street to the East line of lot number forty-two (42). On the North side of Water Street from the West line of lot number forty-four (44) to the West line of Sixth Street. On the North side of Liberty Street.from the East line of McGill Street to the West line of First Street. On the North side of Liberty Street from the East end of the sidewalk already constructed in front of lot number seventy-three (73) to the West line of Fourth Street. On the South side of Wood Street from the East line of First Street to the East line of lot number sixty-one (61). On the North side of Wood Street from the East line of First Street to the East line of lot number one hundred and six (106). On the North side of Wood Street from the East line of Out-lot number thirty-one (31) to the West line of said Out-lot number thirty-one (31). On the South side of Grant Street from Nessle Street to Second Street. On the North side of Grant Street from Nessle Street to Second Street. On the West side of McGill Street from Liberty Street to Wood Street. On the East side of Nessle Street fiom Walnut Street to the South line of lot number one hundred and twenty- two (122). On the East side of First Street from Water Street to the South line of The Pittsburg and Lake Erie Railroad right of way. On the West side of First Street from Liberty Street to the North line of lot number fifty-two (52). On the West side of Second Street from Water Street to the South line of The Pittsburg and Lake Erie Rail- road right of way. On the East side of Second Street from Water Street to the South line of The Pittsburg and Lake Erie Rail- road right of way. On the West side of Second Street from Wood Street to Grant Street. II4 On the East side of Second Street from Wood Street to Grant Street. On the East side of Washington Street from the Ma- honing River Bridge to The Pittsburg, Youngstown and Ashtabula Railroad. On the West side of Washington Street from the Ma- honing River Bridge to The Pittsburg, Youngstown and Ashtabula Railroad. On the East side of Washington Street from the South end of the sidewalk already constructed in front of Eo- max’s store to the North end of the sidewalk already constructed in front of Zovatsy’s saloon. On the West side of Washington Street from Railroad Street to Franklin Alley. On the North side of Jackson Street from Washington Street to the East line of lot number one hundred and fifty- four (154). Said sidewalks shall be constructed in accordance with the grades, plans and specifications for sidewalks adopt- ed and ordained by Council and on file in the office of the Clerk of the said Village. Adopted May 21st, 1906. Bk. 2, p. 228.) Section 142. Certain sidewalks shall be constructed on Wood Street as follows : On the south side of said Wood Street from the west end of present sidewalk in front of out-lot No. 32 owned by Martha L. Dickson to the east line of lot No. i of M. E. McGill Dickson’s plat. On the south side of said Wood Street from the west line of said lot No. i of M. E. McGill Dickson’s plat to the east end of the present sidewalk in front of part of out-lot No. 33 owned by Elenor King. On the south side of said Wood Street from the west end of the present sidewalk in front of part of out-lot No. 34 owned by J. N. Cowden to the east line of that part of out-lot No. 35 now owned by John Johnson. On the south side of said Wood Street from the west line of that part of out-lot No. 35 now owned by John Johnson to the east line of lands of Blanche C. and Dayse M. Parsons. II5 On the north side of said Wood Street in front of lot No. I of H. C. Mullin’s plat to-wit: from the west line of ont-lot No. 31 to the east line of Quiesner’s plat. On the north side of said Wood Street from Third Street to Fourth Street. Said sidewalks shall be constructed in accordance with the grades, plans and specifications for sidewalks adopted and ordained by Council and on file in the office of the Clerk of the said Village. (Adopted Aug. 6th, 1906. Bk. 2, p. 258.) Section 143. Certain sidewalks shall be constructed as follows : On the north side of Wood Street from Quiesner’s Tane to the Youngstown and Lowell ville Road on the west boundary line of said Village. Said sidewalks shall be constructed in accordance with the grades, plans and specifications for sidewalks adopt- ed by Council and on file in the office of the Clerk of aid Village. (Adopted Aug. 20th, 1906. Bk. 2, p. 260.) Section 144. Certain sidewalks shall be constructed as follows : On the south side of Liberty Street from Second Street to Third Street. On the south side of Wood Street from Third Street to the easterly line of lot number seventy-eight (78). Said sidewalks shall be constructed in accordance with the grades, plans and specifications for sidewalks adopt- ed and ordained by Council and on file in the office of the Clerk of said Village. (Adopted Aug. 20th, 1906. Bk. 2, p. 262.) COMPILED ORDINANCES INDEX A. SECTIONS American Telephone and Telegraph Co. . . 56- 57 (See Ohio Telephone and Telegraph Co.) B Baltimore and Ohio R. R. (See also P. C. & T. R. R. and P. & W. R. R.) Righting Railroad 25- 26 Bonds outstanding 79- 82 (See Electric Works.) C Central Union Telephone Co., Franchise . . 58- 59 Cooper, E. T. & Co., Pipe line rights ... 70 note Cunningham, Jesse, Telephone rights . . . 66- 67 Electric Works : Railroad Switch . . . . 65 Site, west Rot No. 33 76 Bond issue 79- 82 F Fifth Street : Street grade 117-118 First Street: Street and Sidewalk grades • 107-110 Sidewalks ordered 138, 139, 141 Fourth Street : Electric Works Switch . . 65 Street grade 115-116 Sidewalks ordered 138 G Grant Street : Street grade 100 Sidewalks ordered 141 M Howard Street : Partly vacated 36- 37 Coal Co., rights in 68- 70 Street grade 13 2-1 33 J Jackson Street : Street and Sidewalk grades, 122-125 Sidewalks ordered 138, 141 TI 7 L SECTIONS Liberty Street : ' Street and Sidewalk grades, 87- 90 Sidewalks ordered 138, 141, 144 Lowry, Margaret N., Plat approved .... 71 M Mahoning Valley Ry.: Street Railway Franchise 38- 55 Mayor’s Office, Lease of 76 note McBride, Frank A., Plat approved .... 75 McGill Street : Street grades 101-102 Sidewalks ordered 141 Monroe Street : Street grade 134-135 Mullen, Henry, Plat approved 74 W Nessle Street : Street and Sidewalk grade . 103-106 Sidewalks ordered 138, 141 Nessle’s Second Addition, Plat approved . . ^73 O Ohio Telephone & Telegraph Co. Franchise, 56- 57 Old Street Vacated 32- 33 end Bridge Street Vacated 34- 35 P Pennsylvania Co. : (See also P. Y. & A. R. R.) Street Crossings .7, 13, 15 Pittsburg, Cleveland and Toledo R. R. : (See also B. & O. R. R. and P. & W. R. R.) Four additional tracks 2-5 — Conditions on which granted .... 3 — Location, grade and material of sewers 4- 5 Diversion of drain, Liberty Street . . 8 — Conditions on which granted .... 9 Raise of grade and interlocking plant . 10- 12 — Conditions on which granted .... 1 1 Sidewalks approved 140 Pittsburg and Lake Brie R. R. : Two additional tracks 5 — Conditions on which granted .... 3 — Location, grade and material of sewers 4- 5 Street crossings 16-18 Lighting railroad 25- 26 Electric Works switch 65 ii8 SECTIONS Pittsburg and Western Ry. : (See also B. & O. R. R. and P. C. & T. R. R.) Street crossings 19-21 Pittsburg, Youngstown and Ashtabula Ry. : (See also Pennsylvania Co.) Relocation and four additional tracks . 6 — Conditions on which granted ... 7 Righting railroad 22-24 Vacation of Railroad St 27-31 Vacation of Old St 32- 33 Vacation ot Old Bridge St 34- 35 Vacation of part of Howard St. ... 36- 37 Q Quiesner, Geo. plat approved ... . . 72 Railroads: (See B. & O. R. R.— M. V. Ry.— Penn’a Co — P. C. & T. R. R.— P. & L. E. R. R.— P. & W. Ry. and P. Y. & A. R. R.) Railroad Street : Partly vacated and narrowed 27-31 Street grade 121 S Second Street : Street grade 111-112 Sidewalks ordered 138, 139, 141 Sixth Street: Street grade 1 19-120 Smith Street: Street grade ....... 136-137 T Telephone and Telegraph Lines : (See Central Union Tel. Co. — Cunningham, Jesse — Ohio T. &T. Co. — Union T. & T. Co., and Youngs- town Tel. Co. ) Third Street : Cunningham, Telephone rights .... 66- 67 Sewer outlet, appropriation for ... . 77- 78 Street grade 113-114 Sidewalks ordered 138-139 U Union Telephone and Telegraph Co. franchise 64 note W Walsh and Stambaugh, rights in Howard St. 68- 70 SECTIONS II9 Washington Street : Street and sidewalk grades 126-131 Sidewalks ordered . . 138-141 Water Street : Street and sidewalk grades 83- 86 Sidewalks ordered 138-141 Wood Street : Street and sidewalk grades 91-99 Sidewalks ordered . . . 138-141-142-143-144 Y Youngstown Telephone Co., franchise . . . 63- 64 . i- [Ti V