§ 5. It is further provided, that this ordinance is passed, and the consent and privileges herein mentioned are granted upon the condition that the Troy City Railway Company by its president, or one of its vice-presidents, shall accept the same, and shall within ninety days. after the passage of this ordinance notify the common council, or the city clerk or the said City of Troy, in writing, of such acceptance. § 6. This ordinance shall take effect immediately. [Notice of acceptance of the above received by the common council on November 16, 1899.] AN ORDINANCE TO AMEND THE ORDINANCE PASSED MAY 12TH, 1892, entitled, "AN ORDINANCE AUTHORIZING THE TROY CITY RAILWAY COMPANY TO EXTEND AND The City of Troy, in Common hereby ordain as follows: I. Passed April 6, 1899. Council convened, does SECTION 1. Section one of the aforesaid ordinance, passed May 12th, 1892, is hereby amended so as to read as follows: SECTION I. The Troy City Railway Company (a corporation operating a street surface railroad within the City of Troy) having made application therefor, pursuant to law, is hereby authorized and granted the right to extend and operate its said railroad upon and along the surface of the soil of Ferry and Fourth streets in the City of Troy, commencing at the intersection of Ferry and Sixth streets and running thence westwardly to Fourth street and thence northerly, through Fourth street, to Congress street, there to unite with the present railroad of said company and to operate said railroad as a part of its existing railroad system, by means of two tracks in Ferry street, between Sixth street and Fifth street, and by means of a single track in Ferry street, from Fifth street to Fourth street, and in Fourth street from its intersection with Ferry street northerly to Congress street, with necessary turnouts, and to move and propel its cars thereon, either by the power of electricity or by cable power, and for that purpose to erect poles and string wires thereon, in and through the said streets upon the following terms and conditions, however, to wit: I. The said poles must be of iron and must be painted and kept painted. The placing thereof shall be under the direction and determination of the mayor, the city engineer and the corporation counsel first had and obtained; but no pole shall be erected at street corners, except where it may be necessary for the movement of the cars from one street into another. Said poles shall be of the height and be set at such distances apart as shall be determined by the said officers. 2. Whenever the surface and bed of said streets or the sidewalks thereof or of any pavements thereon shall be deranged in whole or in part in the extension and laying of said road, or in the setting of said poles, the said company shall immediately thereafter restore said roadbed, pavement and sidewalks to their former state and usefulness, and to the satisfaction of the contracting board of said city. 3. The pattern of the rails to be laid in said streets shall be the same as that now used by said railroad company upon Congress street, unless the common council shall hereafter, by ordinance, order the same to be changed, when such change shall be made; and all rails shall be laid and maintained flush with the surface of said streets, so that the same may be readily crossed by vehicles and shall be kept at a true grade. 4. The said company shall keep the space between its rails and tracks and for the distance of two feet outside of each rail reasonably free and clear of ice and snow and shall remove the same therefrom, but in such a manner as not to cause the streets to become obstructed or dangerous to travel. 5. Whenever the common council shall order Ferry street to be graded, or to be paved or repaved, the said company shall permit such grading to be done and such pavement or repavement to be laid between its rails and tracks and outside the rails thereof, and shall pay into the city treasury the entire expense of such grading and of such pavement or repavement for the space between its rails and tracks and two feet outside of each rail, and such expense may be assessed against the property of said company, and the City of Troy may enforce the same in the same manner as other assessments are enforced in said city, or may maintain an action for the recovery of such expense and assessment, or both. 6. The tracks of said company shall be laid in said. streets in such portions thereof as may be prescribed by the officers above mentioned. 7. Until such time as Ferry street shall be ordered to be paved and shall be paved, the said company shall pave the space between its rails and tracks and for a distance of two feet outside of each rail in the manner that is prescribed by the ordinance passed August 5th, 1890, relative to the extension of the railroad of the Troy and Albia horse railroad company (predecessor of the above named company) with reference to its road in the streets therein mentioned. The said company shall at all times have and keep in permanent repair the space between its rails and tracks and for the distance of two feet outside of each rail at its own expense. 8. Said company shall not extend its railroad in Fourth street, except with the consent, in writing, first had and obtained of the Troy and Lansingburgh railroad company now operating a railroad in said street. 9. Nothing herein contained shall in any manner be held to waive or interfere with the right of the city to construct a public sewer in said Ferry street and to take all proper and necessary steps for the doing of the work, and said company shall pay a fair and reasonable proportion of the cost thereof, to be assessed as other assessments are made for local improvements in said city. 10. Except as above specially modified and provided, the extension of said railroad and the operation thereof is hereby made subject to all the conditions and provisions mentioned in the said ordinance of August 5, 1890, as fully as if the same were incorporated herein. § 2. This consent and grant are upon the express condition that the provisions of article four of the railroad law, and all acts amendatory thereof and sup plemental thereto, in so far as the same are pertinent hereto, are complied with. § 3. It is further provided and this ordinance is passed and the consent and privileges herein mentioned are granted upon the condition that the Troy City Railway Company, through its board of directors, at a meeting thereof, shall accept the same, and shall thereafter, and within ninety days after the passage of this ordinance, notify the common council or the city clerk, in writing, of such acceptance. § 4. This ordinance shall take effect immediately. [Notice of acceptance of the foregoing ordinance was received by the common council November 16, 1899.| AN ORDINANCE TO PROMote the PubLIC CONVENIENCE BY MEANS OF INCREASED FACILITIES FOR TRAVEL AND REQUIRING THE TROY CITY RAILWAY COMPANY TO RUN AND OPERATE ADDITIONAL CARS UPON ITS LINES OF RAILROAD IN THE CITY OF TROY. Passed August 17, 1899. The City of Troy, in Common Council convened, does hereby ordain as follows: SECTION I. In addition to the cars which are now regularly operated by the Troy City Railway Company on its lines of railroad in the City of Troy, it shall be the duty of the said company, from and after the passage of this ordinance, to run and operate cars upon its said railroad as follows: Instead of the intersection of Congress and River streets being both the starting point and the terminal point of the cars which are now operated by the said company, on what is known as the "red line,' between the villages of Waterford and Lansingburgh and the City of Troy during the hours from 1 to 5 o'clock a. m., the said company shall make its railroad at the intersection of Mill street and Burden avenue the starting point and the terminus of the cars which are run between said villages and this city during the said hours, and said company shall run cars on its said road to and from said last named intersection as frequently as they are now run to and from the intersection of Congress and River streets between the hours of 1 and 5 o'clock a. m. of each day. The said company shall also commence the running of cars on the said "red line" on Sunday mornings as early as 6 o'clock a. m., and shall continue to run cars thereon at intervals of not more than half an hour until the schedule time of the present car service is reached; and it shall run cars on Sunday mornings southward through the City of Troy to the terminus at Mill street and Burden avenue, as often as every half hour from 6 o'clock a. m. until the said present schedule time shall be reached. The said company shall also commence |