the said 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 Sixth and Ferry streets, Hoosick street from Tenth street to Fifth avenue, Fifth avenue and Fulton street, shall be similar to that now being put down by the Troy and Lansingburgh 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; the pattern of the rails and tracks to be laid in the other streets, avenues and highways or portions thereof mentioned in the first section of this ordinance may be of light T rail; all such rails shall be laid under the supervision of and in such portions of the streets, avenues and highways as the common council or its committee 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 and the flat rail shall be used thereon, 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 6x8 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; where the T rail shall be used the spaces between the rails and outside thereof for a distance of two feet shall be filled with hard gravel, and at the intersections of streets, avenues, highways and alleys shall be planked or paved. Whenever the common council shall change 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 its 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 the said T rail may be used, and in such case, it shall be laid and maintained as near to grade as possible, and 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. Whenever any street, avenue or highway in which the T rail shall be in use shall be paved, such rail must be taken up and the flat rail sub· stituted. § 3. 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 on that portion of its said railroad which the said company is authorized to extend and operate as herein provided, 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 Troy Union railroad company, or of any of the railroads composing the said company, arising out of any contract between the the said Troy Union railroad company and the component railroads and the City of Troy, and that the said Troy and Albia horse 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 railroad 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 or granting of the licenses, rights and privileges mentioned in this ordi nance. § 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 highways in which they may be located to any any other portion of the said streets, avenues and highways whenever the public wants and convenience shall seem to require and after notice to the said company, and in case the said company neglects or refuses to comply with any such order or resolution of the common council for the changing of said rails, the said common council may cause them to be changed and the streets, avenues and highways through which the road passes put in as good order as the rest of said streets, avenues and highways at the expense of the said company. § 7. In case the said company refuses or neglects to do any act lawfully required to be done by virtue of this ordinance, then the same may be done under direction of the common council, or the proper officers of said city, and the expense thereof shall be a lien upon the said road and its property and franchises, and the company in accepting the consent and franchises hereby given and granted agrees to pay such expenses and that the same shall be a claim against the said company and be enforced and collected in an action to be brought by the City of Troy against the said company. § 8. The said company shall place suitable cars on its said railroad so extended for the convenience and comfort of passengers, and shall run the said cars each and every day, both ways, as often as the public wants and convenience may require and under such reasonable directions and regulations as the common council may from time to time prescribe by a two-thirds vote of all the members of that body. § 9. In case the said company shall neglect or fail to commence the extension of its said railroad or of some portion thereof, as herein authorized, and actually operate the road thus extended or some portion thereof within two years from the passage of this ordinance, then the consent, powers, franchises and privileges given and granted to the said company by this ordinance shall cease, determine and be withdrawn as to those streets, avenues and highways or portions thereof in which such road shall not be extended and constructed. § 10. This consent and grant are upon the express condition that the provisions of chapter 252 of the laws of the state of New York, passed May 6, 1884, and any and all acts amendatory thereof and supplemental thereto in so far as the same are pertinent hereto, shall be complied with. § II. It is further provided and this ordinance is passed and the consent and privileges herein mentioned are granted, upon the condition that the said Troy and Albia horse railroad company shall accept the same, in writing, and shall notify the common council of such acceptance within sixty days after the passage of this ordinance. § 12. This ordinance shall take effect immediately. [Notice of acceptance of above license was received by the common council at meeting held on August 28, 1890.] AN ORDINANCE RELATIVE TO THE TROY AND NEW ENG- Passed May 21, 1891. The City of Troy, in Common Council convened, does hereby ordain as follows: SECTION I. The Troy and New England Railway company, having made application therefor, the City of Troy does hereby authorize the said railway company to construct and operate the railroad or railway of said company along, upon and across the public streets in the City |