And it is further provided that unless the said Troy and Lansingburgh railroad company shall forthwith accept in writing this license and enter upon the business of changing the traction and propulsion of its cars upon said street railroad from horse power to that of electric motive power, and shall prosecute the same to completion with all reasonable dispatch, then and in such case the ordinance shall not take effect and said license shall have no force or virtue.

§ 2. This ordinance shall take effect immediately.

[Notice of acceptance of this license by Troy and Lansingburgh Railroad Company was received by Common Council at a meeting thereof held August 1, 1889.]

AN ORDINANCE AUTHORIZING THE TROY AND LANSINGBURGH RAILROAD COMPANY TO EXTEND ITS RAILROAD THROUGH, UPON AND ALONG CERTAIN PUBLIC STREETS, AVENUES AND HIGHWAYS IN THE CITY OF TROY, AND TO OPERATE AND USE THE RAILROAD WHICH MAY BE THUS EXTENDED, AND TO PRESCRIBE THE TERMS AND CONDITIONS UPON WHICH SUCH EXTENSION MAY BE MADE.

Passed August 5, 1890. The City of Troy, in Common Council convened, does hereby ordain as follows:

SECTION I. The Troy and Lansingburgh railroad company (a corporation at present operating a street surface railroad within the corporate limits of the city of Troy), having made application therefor, pursuant to law, is hereby authorized and granted the right to extend its said railroad on the surface of the soil through, upon and along the following public streets, avenues and

highways within the City of Troy, to wit: Broadway, from River street where the tracks of the said railroad company are now laid at its intersection with Broadway, easterly through Broadway to Union street; Union street, from Broadway to Fulton street; Fulton street, from Union street to River street, where the tracks of the said company are now laid; Third street, from River street, where the tracks of the said company are now laid, to Broadway; Fourth street, from its intersection with River street, where the tracks of the said company are now laid, southerly through said Fourth street to Fulton street; Fourth street, from Congress street southerly through said street and the Greenbush highway to the junction. of the said street or highway with Main street and First street, to unite with the tracks of the said company at said junction, and Mill street, from Fourth street or Greenbush highway, at the present terminus of the said railroad, up and along the said street to Vandenburgh street or avenue; and the said company may operate and use its said railroad so extended in the said streets, avenues and highways and run cars thereon and convey passengers in said cars for compensation; and for the purposes of such extension and operation the consent of the common council, the local authorities of the City of Troy, having charge of the said streets, avenues and highways, is hereby given to such extension and to the laying down and construction by said company in the said streets, avenues and highways of a railway track or tracks and of such switches, sidings, turn outs, turn tables and suitable stands as may be necessary for the convenient working of the road thus extended. The said company may operate its said railroad and run cars thereon by means of horse power, or by cable power or system, or by the power of electricity, either by means of overhanging wires or storage batteries, and for that purpose may erect and maintain poles in the said streets, highways and avenues and string wires such as shall be necessary and proper for the operation of the said rail

road, and the communication of power, by means of electricity, to electric motors placed on or under the cars of said company. The placing and erection of such necessary poles along the streets, avenues and highways on either or both sides of the railroad track or tracks where the said railroad may be extended and laid and upon the sidewalks next to the curbstone shall be done under the direction and determination of the mayor, city engineer and corporation counsel of said city, or of a majority of said officers, first had and obtained; and the said poles shall be set at such uniform distances apart along the line or lines of said railroad and shall be of the height and depth as the said officers shall determine; and this consent and license are given upon the express condition that wherever and whenever the surface and bed of such streets, avenues and highways or of the sidewalks thereof or of any pavement thereon shall be disturbed, excavated, deranged or taken up in whole or in part by the said company in the extension and laying of its said railroad or in the setting of such poles, the company shall immediately thereafter restore the said roadbed, pavements and sidewalks to their former state and usefulness and to the satisfaction of the contracting board of said city. The said company shall indemnify and save harmless the City of Troy and its officers and agents from all claims, actions. costs and damages arising through the disturbance, excavation and derangement of the public thoroughfares and sidewalks and the extension, maintenance and operation of its said railroad.

§ 2. The pattern of the rails and tracks to be laid in the said streets, avenues and highways shall be similar to that now being put down by the said railroad company in the upper portion of River street, and shall be approved by the said officers mentioned in the first section of this ordinance; such rails shall be laid under the supervision of and in such portions of the streets, avepues and highways as the common council or its com

mittee on streets and alleys acting for the said common council shall direct, but the grade of the said streets, avenues and highways in which said rails shall be laid shall not be altered or changed by said company. Wherever any of the streets, avenues and highways in which the said railroad shall be extended shall not be paved, the said company shall lay a line of granite or trap-rock blocks on the outside of each rail and within the rails which shall be six inches deep and alternating blocks eight inches square, with six by eight inches square, with sufficient cobblestone pavement to keep the blocks in place, and the spaces between the tracks shall be paved with cobblestone or granite in the same manner where the said streets are not paved with other than cobblestone. Whenever the common council shal lchange the grade of the streets, avenues and highways through which the said railroad shall be extended and run as above authorized, or shall order and direct that the same shall be paved, the said company shall conform the grade of its said railroad to the grade ordered for said streets, avenues and highways, and shall conform the paving of the spaces between the rails and for the distance of two feet outside of each rail to the paving of the rest of the said streets, avenues and highways at the same time at which the paving and grading of the said streets, avenues and highways are under way, and such work shall be done entirely at the expense of the said company; and the said company shall also and whenever and as required and under the supervision of the proper local authorities of said city have and keep in permanent repair the portion of every street, avenue and highway between the tracks, the rails of its tracks and a space two feet in width outside and adjoining the outside rails of its track or tracks so long as it shall continue to use such tracks, at the expense of said company. The track or tracks shall be laid and maintained flush with the surface of the streets, avenues and highways as the same are now or may hereafter be established and graded, except where it may be necessary

to make gutters or water-courses under the said track or tracks, and in such case the work shall be done under the direction of the city engineer.

§ The said company shall at all times and while it continues to operate its said extended railroad, promptly cause the snow and ice to be removed from between the tracks and for a distance of two feet outside of each track, so as to afford a safe and unobstructed passageway for sleighs and wagons and so as not to create an uneven grade along the line of said tracks. The removal of snow and ice shall be done to the satisfaction of the city engineer and the city superintendent.

§ 4. The rate of fare to be collected for a ride in any one general direction upon the railroad of said company within the City of Troy shall not exceed the sum of five

cents.

§ 5. This consent and grant are given upon the condition that the said railroad company takes and accepts the same subject to any and all rights, claims, privileges and franchises of the said Troy Union railroad company, or of any of the railroads composing the said company, arising out of any contract between the Troy Union railroad company and the component railroads. and the City of Troy, and that the said Troy and Lansingburgh railroad company shall fully indemnify and save harmless the City of Troy from any claim or action of the said Troy Union railroad company or its component companies, and from any and all other claims and damages which the said city may be made or become liable to pay by reason of the extension or operation of said road or the consenting to and granting of the licenses, rights and privileges mentioned in this ordinance.

§ 6. The said common council hereby reserves the right and power to direct by a two-thirds vote of all the members of that body the changing of the company's rails from any portion of the streets, avenues or