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HomeMy WebLinkAboutMN-CC-1929-09-04C011110It COUNCIL Ithkoa Railway no: P ow 0r 1 ine Franchise a4 ept ed Isar is •- B .1as pro erty exc angea H eal Ord Bufj Zone Regi f it l E. S1 imp] Regular 'T-(-,t i.n September 4, 1920. PRESENT: Tlayor; Frel P. Iio:vr' Aldermen; (Iau:,er,1Torr i s,on, At!- in son, 11 off man. S:�lninons, rant erl inr�, Lolve, ril 1. Thi Irinutes of inenting wPrn react. and. »pr. ov e•d. . ?Ir. Sherrnari Pecr r'a11^d attention to the Infornal.' a.Sreerilent b tiv�en thA members of the ^ou�zci! and hir . self res,ar.;iinm perl,tisgion to run a power line from the street ^ar barns to the I:torse Chain Co. plant, aG, set forty in the minutes of June 1.7th. it wa- niove•l by Iderraan r7x-sAr; ae^_.ondel by Alcie-Tian Iiaffr1an: RFSOI,V rl) : that the Ocvirnon Council hereby tyrants to Ithaca. Rail-xays Inc. the ri-fit to run an electri.o rower transmission line thru .the j)1iblic .str.eets ri.n.:l ,)vex such routo -as the Boar_i of T'ublic I"arks rrri'� dpprove, from th,l intersection of riles and Hudson street: to the l.:lant of the I:Iorse Chain Company. A1rpt In this connection, Cl,3r1r Kerr reportre,j that hs had received .froir, Ithaca Rai Inc. a fori,;al a:;capt- ance of the aviended and codified street r.aiiway franchise, thus oloain,E this transaction.. Tr_ r�,cc ordance ,with a recomcndation of Attcniey ilc2th, III vr,i;.s, moved by All-�riran Surrions; . .co_11cl by Alderiria.n r il1, and un, nii:iou ,1y that the I,Iayor and City 1013rk a.r.e hereby auth car iz Sci t o e:C- change by d.eols the i 'Opert- o'^tai.ne(l of.. tllii r01-3 heirs for the jamL-s Harr. is property on Tau;hannoci: Boul evard . Alderman. '.'orrison reportdd that, t,h,3 Planninr Cora - mission had br?nn to get cL cxu01'urrl ut any rec'."lt, n-,eetlilQ b,zt +':.at the iilembers l:resent ut: thl, r In etir.gi this afternoon recomen:i.t-i that tha pi3titJcn. ting ing the zone on the 'forth side of Pliffri.lo `'tr.^t be lered nl' tjCror1 to If(rni'I"' rc.taill 17 -ct or Aurora Ctr.sBt' r(� alo St. .alprovQ:i al�:i I�ranted. In ar:-orci.tneo :with tr,e i,ro.. :�ioi�:; C'f the er..lin Change ci'�nce, it ,:•ems r,r,.r-3,j by A11ei'man Ca.usq r; econ era. b ' nl i r,l3.n Low,,- ,i,n:i. t11 a•t a public hQarinY brY 9.vartis:.i tint- h,�11 at the r o, »t r- r r a n'r c t.- , I ! ..,,�u1ar u,,,..�i.,�;, with f ..n.. to the p,.o�:oorc. change of zone in the one and two hunlred blooks of Fast Puf f a1 o St . -l',t . '71irk Kerr it:t?cl. rrr,)!� the rCCt':I i of Fublin `corks ask in an �,d�? it ic�r►ul. appropriation of;: lisitlon i� ACC?. to oor,plete the irlprovernr,nts in East State id for Street by widening tha s;tr-et, cuttinC th�i id.F,.corner: late St. back and laying; new conduit for tho boulevard liLbta. loveinent Aldorilen Lr)-;9, Iorriison, an,.;, Causer, expreosecl then-selvos as oppoeo:i to ia,pprorriatini adii.tional funds for widening tl,::, two feet as they felt it was L, n^,idles char e <-,n l a viasteful._ exr(?niiture. ' After some furth?r disouGsion, it r;-�L!,ulally moved by Alderi::_tn se-,ond-:-,d ranl lari nimrnr3ly carried; that it was the sensn of the Common Council that the irrgprov?tints in Fast State Street shoi id be carried out as originally planned and appropriations riade therefore, including the cutting back of the corn:�r but without widdening the street. i i On motion (.)f Alder.°;a.n '-'orrison, the audit W"As duly approved and crAered paid; an�t the ricetIng adjourned. I .; t _ is CHARITIES Audit Sheet September 4, 1929. B8975- August Salary, Commissioner B88,06- Maurice A. Barnard, B8807-- Pr. Lucius L. Button B8993- L. S. Jones B9002- Tohh I� ing 11. Abbott Abb of t Br oth er s Fred Bock J. Coleman Cra.wford's Dry Goods Store Patrick Clynes H. If. Crum, TI. D. James L. Dioh John H. Flynn Harpy Valley Home Ithaca Ice and Coal Co. Ithaca Memorial Hospital Ithaca Children's Home Tars. Lois Jellies Mrs., Clarence Kriur T'r s . i? i.n a. Lamb Frank LaBar Leary Coal Co. T:Irs. Clara Leach Mrs. Burr Loomis Henry E. Merriam, Ti. D. F. F. Norton lira. Willard J. Smith Mrs. Lillian Sinn _. F. Sturrook F. F. Soule $t. Mary's Boys' Or,_han Asylurri Arthur H. Va nOrder N. T. Uallerbeck 1". ?.i. Wood Approved: Finance Committee 75,00 IO. 00 TO. 00 2 3.00 75• o0 I0. 00 91. 50 12. 00 3.00 3.59 .45.7 9 26.00 511. 00 4-7 46.52 6.70 307.35 42.00 MOO 40.00 16. oo 20.00 51. 95 TO. 00 16.0o I F. 00 2 6. 00 50.00 I 6.00 I2.50 4.00I 69.77 12. 00 63.00 16.00 01TV OF ITHACA REGIST:�ATION & VOTING P—LACES FALL_19 29. _ LOCATION Address Firet Wa.rd,lst District 1018 i'.State St.,Beebe Mission 2nd it 626 W. State St.,Fire Co. #6 3r{1 �" W.Buffalo & No.Meadow St,Pump Sta. Second Ward,lst District 136 W.State St.,Fire Co.fi#5 2nd 4! 201 W.01inton, Red Cross Hdgts. 3rd f6 118 S.Tioga St.,Barber Shop Third Ward,let District 203 N.Geneva,Congregationa.l Ch. 2nd is 443 N.Tioga St.Free 11thodist Ch. 3rd it 109 Honroe S t . , Gg,rage « Fourth 4a.rd,lst District 137S.Aurora. St.,Driscoll Bros, 2nd 212 E.Buffalo St.Unitnxia.n Ch. 3rd. 11 311 College Ave.,Fire Co. #9 4th Belle Sherman School, 502 ::itchell Fifth Ward,lat District 203 E.Tompkins St.,Gaz:age 2nd i0 616 N.Aurora. St.Gara.ge rear 3rd 18 1012 N.Tioga St. , Fi re Co. #7 4th n Morrill Hall,Cornell University Adopted and Approved. City Attorney Heath presented an amended Street Railway Franchise, and the same was read by the Clerk. e 42 By Alderman Lowe:seconded by Alderman Hoffman: WHEREAS, heretofore from time to time franchises have been granted by the City of Ithaca for the building,operation and maintenance of street railway tracks for passenger traffic in certain streets in the City of Ithaca ; and WHEREAS, on a, mortgage foreclosure sale of the Ithaca Traction Company the rights under said franchises were purchased by Sherman Peer,Esq., of Ithaca, New York and by him have been duly assigned to Ithaca Railway,incorporated: and WHEREAS, ss.id Sherman Peer, representing the owner'of said ftanchises, has petitioned the j' Cornon ' Co,,_uicil of the City of Ithaca for an amended street railway franchise: and WHEREAS, it is desired by the City of Ithaca and by'the ownets of said franchises�tha.t said franchises be embodied in one document; NOW THEREFORE, it is hereby RESOLVED: That all of the franchises and each of the franchises heretofore granted by the Common Council of the City of Ithaca for street railway purposes be and they are, each and collectively, hereby amended and . codified and shall henceforth be as herein setforth: and it is further RESSOLVED: That the Ithaca Railway, Incorporated is hereby granted the right aand maintain a double track street surfz nate Street from a point just east of the Ifleadow Street intersec— tion where said double track now begins easterly to Eddy Street, and from the intersection of State and Eddy Streets northerly along Eddy Street to the point where said double tracks now laid turn easterly along the Cornell University land to College Avenue and a double track along Thurston Avenue as said tracks are now located, and a single track along Stewart Avenue as said tracks are now located to the intersection of State Street and Stewart Avenue, a single track in State Street from the point heretofore mentioned just east of the intersection of Meadow and State Streets westerly to Westport Street, and a single track from the intersection of 1,7estport Street with State Street northerly along Westport Street as now located to Buffalo Street, and a single track in West Buffalo Street from the intersection of said West Buffalo Street with Westport Street, said track to extend westerly to the Lehigh Valley Railroad station as said track is now located, and a double track in Tioga Street from the intersection of Tioga Street and State Street , northerly to Fa.•lls. Street end thence northerly to the City Line as said tracks are now located, and a single track in Os,k Avenue,Dryden Road and kaple Avenue as said tracks are now located and a, single track on Cornell. Heights from Thurston Avenue northerly along Tyckoff Road to the City Line, together with the necessary appurtenances and with the right to erect necessary poles, wires,fixtures,curves,switches and special work under the conditions herein expressed,and subject to the following conditions and restrictions: First: The Gauge of the tracks to be four feet eight and one—half inches,and the distance from center to center of each track to be not greater than ten feet two inches. Second: The rails to be of steel,in weight not less than sixty pounds to the yard and of the type in lawful and common use, or such other rail as may be approved by the Comz..on Council. The ties are to be not less than six and one—half feet in length and placed not more than two and one—half feet between centers,and whenever and 13 wherever the street is paved the rails are to be located at proper grade without +he use of blocks or bolsters between the tie and rail. Wherever the street is not paved the track shall at all times be fully protected in a manner to insure safety and convenience to the traveling public. Third : In laying its tracks the Company shall. retain the present street grade unless otherwise specified by the Board of Public Works and the rails of said track shall not be over one—half inch above grade. FOurth: The railroad company shall keep in repair the railroad bed and the tracks and shall maintain the joints of the rails of said tracks so that the surface of said street raiDriay shall be uniform, and shall maintain its ties so that said ties properly perform the function of supporting the rails, and if at any time, it shall become necessary to remove the brick or paving between or adjacent to the rails for the purpose of repair of the tracks or ties, said work of removing said brick or paving and the work of replacing the same shall. be done under the; supervision of the Superintendent of the Beard of Public Works of the C:i,ty of Ithaca and in accordance with his directions.­-It:is�-�understbod And agreed that the Company shall not be charged with the paving or repaving of any portion of the streets in which its tracks lay except when such paving or repaving is made necessary for the repair and the maintenance of the street railway. The Company agrees to repair its tracks and the foundation thereof whenever the same shall be Needed for the protection of the pavement in the street as determined by the Board of Public Works, Fifth: The minimum heighth of the trot,_ev wire shall be eighteen feet above the rails ; the wooden poles erected by sa:ic]. Company shall be of uniform heights, except the poles that are used also for electric wires, and shall be not less than six inches in diameter at they top and not less than eight inches in diameter at the bottom; said poles sha.11 be get straight Pnd Qh 11. be Get pernenc?iorinr inside the curb -.line and soy maintained, Within the".fire limits said poles shall be of -steel. The loci.tion of any switches,poles and power lines shall require the approval of the Board of Public Worke of the City cf l U-ha-V, In the went of a. change in orc"%de hereinafter merle by the City, the expense of makingr such a change shall be chargeable to the Company to the extent. that sc-�id change requires the raising or lowering of the tz7aan;s of. the Company. This requirement shall obtain in streets in connection with initial. paving but shall not apply in streets in connection with repaving and or resurfacing except in so fa.r as may be necessary to bring street railway tracks to old established grade. The City shall have the right to use; the poles of the, Company for -fire t alarm, electricity and other wires for its orn purpose free of charge. Sixth: The motive Dover of said street railway company shall. be electri=pity, or such power other than steam: locomotive,as may be approved by the Common. Council. Seventh: No stock,coal or box car, so called, o care used for freight, except for baggage or express matter, shall be operated on said lines except such as may be used in the construction of said railroad and maintenance of way, and no ba.ggp.ge or express matter shall be loaded or unloaded upon the cite streets. Eighth: In the construction and. maintenance of said line and equipment thereof, modern and approved appliances shell be used to provide safety and convenience to the traveling public, in: Nintl.e: The said Comax:y shall operate said .railway over and along the principal atreets on which this franchise is granted, continuously between the hours of seven A.M. and eleven P.'1, with a schedule of not more than sixteen 14 minutes headway except as may be modified by order or consent of Ae Public Service Commission. Failure upon the part of the'Company to perform either of the above conditions for more than three (3) days con- tinuously between the hours of seven A.I.I. and. eleven B.M., except in the event of strikes, injury to plant or electrical equipment by acts of God 'or by unforeseen contingency, shall constitute a forfeiture of this consent and franchise,and the some shall revert to the City of Ithaca. Tenth: In case of the abandonment of the railway, or any part thereof, forfeiture or other termination of this consent and franchise, said Company shall remove its poles,and .from unpaved streets shall remove its tracks and ties on the part so abandoned or forfeited, and repair and restore the streets to their normal condition. No track or ties shall be removed from paved streets without the consent of the Board of Public Works. Eleventh: No cars shall be propelled within the limits of the City of Ithaca at a greater rate of ,speed than that provided by the Cit;T Ordinance now in force or that may hereafter be adopted. Twelfth: During the fiscal years when the gross income from operation of said railway within the C City limit- d he-lines�'OL ere Orai�u6 "i City limits r�'yed area er, n so a.s I to exceed tie total mileage now lying outside the City limits, shall equal or exceed twenty-five thousand Dollars ($25,000) per mile, said Railway Company shall pay to the City of Ithaca. one per cent (1�o) of such annual gross earnings. The amount of such gross earnings to be detex-mined from the final verified report filed with the Public Service Com- mission, or any other office, railroad board, or commission that may, by legislative enactment, be substituted. in its place. For the purposes of this section all double track sections shall be rated as single lines. Thirteenth: Snow may be deposited by said Company upon that portion of the streets mentioned in this franchise between the outermost rails of the tracks and the curb lines, but in such casee,hoVever, the Company shall imaLed.iately thereafter remove the same when required to do so by the Superintendent of Public 'Xorks, and in the event the Company fails in this duty so to be performed, then the City of Ithaca may remove all snow so deposited q,t the exr,ense of the Company; the expense to be rec©vered by action or to be assessed and collected as is provided now or hereafter may be provided, by the Charter of the City of Ithaca for the collection of taxes. Foutteenth: The Ithaca Railway Incorporated shall pay to the City of Ithaca on or before the first day of October in each year the mun of Five Hundred Dollars (0"500) per annum for thirty (30) years, and thereafter the sum of Seven Hundred Fifty Dollars '($750) per annum during the life of this franchise, such payments to be chargeable against the earnings and assets of the Company operating the franchise, as taxes are chargeable, and to be in addition to all franchise or other taxes and assessments imposed by law. And in rase of the non --payment of any sum above provided for at the time it becomes due on the first day of October in any year, the said Ithaca. Ra.ilwvay, Incorporated or the Company entitled to operate this franchise at that time shall pay to the City the additional sum of Five Dollars ($5) per day for each any such payment remains in default ; such payments so in default, with such additional sums.if any, to be oolle�cted by suit, by sequestration of the earnings ,or in such other manner as may be legally appropriate. Fifteenth: Members of the police force, the city and assistant superintendent, the superintendent .of hose, Rnd the superintendent of the fire, alarmsystem, the chief and assistalits of the 'Lire d,epartment-, while in the performance of their duties, shall have upon the passenger, cars of said, Company ,over the lines covered by the terms of this franchise free of chari�e. Sixteenth: The Company agrees to install and painitain proper rail supports on all bridges in the City of Ithaca crossed by the street railvisy; the, work to be done under the supervision of the Board pf Pub?. o Seventeenth: It is agreed that the Company ,shall mtidntain with the City Clerk of the Oil ty of Ith,?,_cs. the sizi of Cr � 1J - 9OCY�;. or the eouival en' thereof.* allq securi-tv fo_,� the -oerformance Lv the Conipr,.ny of the - conditions and provisions of this ' franchise, P.nd that Ira the even-�'v that the 11a"i t)v of Ithaca shall expend moneve for plurnoses which pu-suant to this franc1Ldse should �." ed by h _T)e en exT, en $ the 60rapanL'y land shall h,-.4.%,e ii-icalintsined ,action a�-,ainst the Company and procured a for ,the; payatent- thereof that s,-iiel judEment r,,icny, be satisfied -out o.-L" the said security so filed with the City Clem.,a ' na that in the event of the depletion of said 17und for any reason the said Cram pany will upon thirty days notice in %rriting Fidd to said seouritv to brie E the same up to the. sum of, ��315�000. or its e,quivallen't., it 'boring the intent th,:).t there shall always be de posited With the City Clerk a *sizr. equivalent to $5) 000 security for the faithful perfo-_rmance of the conditions of this franchise. Aye s--Ci 11., Lowe,, Cast erl ine,, Myer s I At kinson Hof fman Nays-0 Adopted. APPROVED: _Z_ Eayor. On motion adjourned. Deputy City Ci k Cler. Ci1JY , 16 OTT', (TT, Audit Sh--iet S,,�I:temlber L, 1c29. 'Salary Pay Roll, August, off. ice, -f �--st half second half '87 �*6- Hazel. H T-1 itl- I e j.1 Eastman E,8790- 7`i 2 1 "t m ',loss B880" 6- VU12iam Simmers H. F. Var-Derhoef E, S F) 7 County Clark rrzmces D, "--rner 8 Q 0 6- D. T,& R. a, 00. Ic V-:�,nPerhoef T 7 �5 15�, C", C Hazel r T-ittIp :38 5 Ch P-ri es Fa o t r�- an _Tar, York Telephone Co. P C TTP-.; York pto-te Fle,�^trlc Cnrp. '�Or,00- AddressogrIph Co. 0 7 - 7illi.',--. Si!�,imers erk 0, IT Ynrk TL --I h on,� "o. H. H. "rum, F ar c.Ld P. Denniston T t'- a - Laundries, Inc It -aca Oil Coml;any It'ia-la Journal News oh ti Vr:,Imer The J. R. Lan�- Fn,--. Sc 47;ar. Co. Inc LD T . G, . e. r I s Sons TMa;Jer Co. The -Hiun--j llta�rqp rcmipany V. CL. Norris Prieur."'atic stam", Co. C 1-1. J. Rumsey -00. Stover Print inn- Comm any Q.� -1-1 Tropical Print ',- Oil Company T Va. '�Tatta Library Aqz-,00t.ation -r ov P 2 T I,7-A2 r)5 1, 676: 25 Tim 70 �O. 79 7.29 .6 o. C, - ?e,. 97 Jr;"f)o )4 7T. ;p j0.78 3 0. 7�5 P. 7G n 0. nJ TO. Or) 0. r,0 .72 77 2 00 0 1-.25 3. -Zr) 2 0 05 200. 00 Fi.nGnce..___ror^ittAs- J