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HomeMy WebLinkAboutMN-CC-1929-09-04 iI 1 COMMON COUNCIL 'i i; Regular 'recut i.nS September 4, 1929. i. PRESENT: Uayor; Fred P. Howe . Aldermen; rau:ger,1Torrison, At?'inson,Hof.frnan,, Saturn on s, Ca st crl in e,L ow e,rill. • The irinutes of the .pre^..ecdinp: meeting were read. and a'ap:r ov ed. ' Hr . Sherman Peer called attention t6 the informal' agreement between the members of the council and hir-y self resrardinty permission to run a power line from the street car barns to the Horse Chain Co. 1,1ant , as �� set forth in the minutes of June 17th. It ,T;,.:: moved Ith= oa • by Alderman Causer ; seconded hi Alderman Hoffman: Railway RFSOLV 'P: that the Common Council hereby tyrants to re: Ithaca Railways Inc. the ri:ht to run an electric rower transmission line thru .the ��ublic •streets end Powr line over such route as the Bolrd of T'ubl is V"orks may dpprove, from the intersection of Giles and Hudson streets to the l.:lant of the Morse Chain Company. Adopted. In this connec,` ion, Clerk Kerr reported that he had Franchise received from Ithaca RailwayS Inc. a formal accept- a4epted ance of the amended and codified street railway franchise, thus closingthis transaction.. . In accordance with a recomendation of Attorne ;' Heath, it was moved by Alderman Summons; . ccoud l by Isar is •- Alderman !"ill, and unanimou �1y carried: that the B las �.Iayor ani. City Clerk are hereby authorized to e:c_.• proerty change by deeds the i:roperty obtained of. the Bolas exc1 angel heirs for the .James Harr. is property on Tau;hannock . Boulevard. i \%....1Alderman. :.7errison rep �rted that the Planning Com- mission had been unable to get a quolurs at any recent, meetinbut that the members ers present wt; thi.cr meeting' this afternoon recc�r:ieniced. that the petition, r aque:et- Hea ing ing the zone on the North side of Buffalo Street be or' erect changed to "Coalmerc.ial" 1 t of nurora Street, be Buf alo St . approved ac i Ia.rant ed. Tr. accordance with thepre Zon change e ^fdotm eta�. naIA1crmant :L•ms ? e.d cby r fil.le'd1,?i'rt.''ah na• t li a public hearini.Y be• a 9.vert iced andhell at the ne:t I regular meeting, with ref e�ren,e to the proposed change of zone in the one ani two hundred blocks of Eastof f.:La n t e : 1 I : Kerr 2ub.1.it t eci a •'e v s it .ton fro,,. the scar:i of Public s ork s asking an -additional appropriation of;: Reglaisition 12, 500 . to complete the improvements in East State fi1d for Street by widening the street, cutting the N. 7. corner E. S ate St. back and laying new conduit for the boulevard lights. ; improvement A1dernen Lowe, Lorrison, and Causer, expressed themselves as opposed to appropriating additional funds for widening thestreet two feet as they felt it was a, needles chane and a wasteful expenditure. i' After some further discussion, it VR9 re€';u1arly moved b,l Alderman Morrison, seconded and unanimously i i carried; that it was the semen of the Common Council that the improvements in Fast State Street should be !; carried out as originally planned and appropriations made therefore, including the cutting back of the corner but without widdening the street. 1 On notion of Alderman ':orrison, the audit Was duly approved and ordered paid; and the meeting I adjourned. s 1 /,%, r7,Ilrrm 11 P6 _r't" Citi, Clerk . � is CHARITIES Audit Sheet September 4, 1929. B8975- August Salary, Commissioner 75,00 !: B8806- Maur ice A. Barnard, M. D. 10. 00 ' B8807-- Pr. Lucius L. Button I0. 00 B8993- L. S. Jones 23. 00 139002-- Johh t'ing 75. 00 M. Abbott I0. 00 Abbott Brothers 91. 501 Mrs. Fred Bock 32. 00 J. Coleman 3. 00 Crawford ' s Dry Goods Store 3. 59 Patr ick Clynes 45.78 H. H. Crum, 11. D. 26. 00 James L. Dick 11. 00 John H. Flynn 54.75 Happy Valley Home 46. 52 Ithaca Toe and Coal Co. 6. 70 Ithaca Memorial Hospital 307. 35 Ithaca Children's Home 11-2. 00 Mrs. Lois Jell les 12. 00 Mrs. Clarence Krum 40. 00 Mrs. Mina Lamb 16. 00 Frank LaBar 20. 00 Leary Coal Co. FI. Mrs. Clara Leach I0.00 Mrs. Burr Loomis 16. 00 Henry E. Merriam, M. D. IF. 00 F. F. Norton 20. 00 Mrs. Willard J. Smith 50. 00 Mrs. Lillian Sinn 16. 00 G. E. Sturrock I2. 50 F. F. Soule 4. 00 &t. Mary's Boys ' Orphan Asylum 69.77 Arthur H. VanOrder T2. 00 N. T. Vall enbeck 63. 00 7. M. Wood 16. 00 Approved: _ 1 •'i Finance Committee 11 01TY OF ITHACA REGIST:�ATION & VOTING P—LACES FALL_1929.— _ LOCATION Address Firet Wa.rd,lst District 1015 W.State St. ,Beebe Mission 2nd it 626 W. State St. ,Fire Co. #6 3rd �" W.Buffalo & No.Meadow St ,Pump Sta. Second Ward,lst District 136 W.State St. , Fire Co.fi#5 2nd If 201 W.01inton, Red Cross Hdgts. 3rd It 118 S.Tioga St. ,Barber Shop Third Ward,let District 203 N.Geneva,Congregational Ch. 2nd if 443 N.Tioga St.Free 11thodist Ch. 3rd it 109 honroe St. ,(Ixarage « Fourth 4a.rd,lst District 137S.Aurora. St. ,Driscoll Bros, 2nd 212 E.BUffalo St .Unitnxia.n Ch. 3rd. ►e 311 College Ave. ,Fire Co. #9 4th Belle Sherman School,502 :: itchell Fifth Ward,lat District 203 E.Tompkins St . ,Gaz:age 2nd if 616 N.Aurora. St.Gara.ge rear 3rd 1e 1012 N.Tioga 61. ,Fi re Co. ,r7 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. 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' Coy non'Co,,�icil 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 n ate 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:t,ty of Ithaca and in accordance`with his directibns.­- 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 anal 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 orade hereinafter made 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, 1,ifi: 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 headwa 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 off" 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 �'y ed 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. Railwvay, Incorporated or the Company entitled to operate this franchise at that time shall pay to the City the additional sum of Five Dollars ($5) per day for each any such payment remains in default ; such payments so in default, with such additional sums,if any, to be oolle`cted by suit, by sequestration of the earnings or in such other manner as may be legally appropriate. Fifteenth: Members of the police force, the city and assistant superintendent, the superintendent of hose, e:nd the superintendent of the fire, alarm system, the chief and assistaaits of the fire department, while in the performance of their duties,shall have .tranaporta.tion upon the passenger, cars of said Company over the lines covered by the terms of this franchise free of char i~ e. Sixteenth: The Company agrees to install and mainita.in proper rail supports on all bridges in the City of Ithaca, crossed by the street ra.ilvis,y; the, work to be done under the supervision of the Board pf Pub?. o S'orks. Seventeenth: It is agreed that the Company ,shall �ymtidn.ta.int with rythe { City Clerk cif the Oil ty of Itha.::s. t;ia' siuto L Cr OCY°;• or the eoui al en' thereof G.lq "9 - f securi tv fo:_° the performance Lv the Conipr>ny of the conditions and provisions of this franchise, a.nd that i.ra the ever.-t that the C t)v of Ithaca shall expend moneye for piurnoses which pu-sura,nt to this franc hi se should h;.ve _Y>een exT,enc$Pal. by the CorAapanL'y land shall ha%,e tiiaintsined action a�a.irst the Con-pany and procured a. judgrr}ert for the pa:yaaert thereof that said judEme:zt mc�3~ be satisfied out of the said security so filed with the City Clem., ana that in the event of the depletion of said 17und =for any reason the said Cori any will upon thirty days notice in %riting Fidd to said securit;; to brie the same up to the sung of X15 000��. or its equ.iva.lent, it 'bviil ng the intent tht?.t there shall always be de }shed With the City Clerk a: *surf: equivalent to $5,OG{J. a.e security for the faithful p er fo-_rm ance of the conditions of this franchise. Ayes--Ci 11,Lowe,,Cast erline,Myers,At kinson,Hof fman Nays-•0 Adopted. APPROVED: '(e Ea 7'or. `` On motion adjourned.. Deputy City Clerk, 1 E� Cn f rnl, COTT', (TTY Audit Sh?et � ,�r:temlber � , 1G2Q. 'Salary Pay Roll, August, �:I,2T6. �6 Po) ice, first half I,732. )j _ yy L�Tj second half I,076:. 25 i;87*6- Hazel Hs Jitt1.e Ti. "o i �:78g- Chcs. Eastman 30. 7 E,8790- ?"i1 i.�+.m ',loss �C.7� S,31- C. D. T�3�»'���1 rZ4, •.*� 7,29 B880"6- VU 12 lam Simmers 60. C, P8 ItSC- H. F. Var_Derhoef 97 :SF)7I- County lark D88-8,6-- Frzmce" s D. ",.;,rner 8 0 D T 111 **.• 00. r %n F=lu- H. F. V�,nPerhoef T"QC",C- Havel 'ri. T-ittle 7- y" ill i. ':icas 10. 78 :38566- Charles Fa o t an 30. 7<5 ?"; York Telephone Co. P. 7G r I C 1.pw York Pt c:-t e l e, t r i o C nrp. s 'O,-J0- AddressoMraNh Co. rcn07- 7illi : irrers 0n 1. ,30. r) �';Tq:r.• Ynrk T--I-p nnA "o. 1Q )47 - �ice.. _. H. H. "rum, 'i. D. TO. 00 i lrOid P. Denniston 0. Fo Tt'-ao Laundries, Inc 3. 82 ItI--aca Oil Comlr,;an y 2 . 72 It'ia.la Journal News -rw,r er The J. R. Lan�- Fn,--. Sc fix=er. Co. , Inc 2. - T. G. "Tiller ' s Son.: TMa;�er Co. 00 The `H Lm I It a:rgp rcnpany . V. CL. Norris 2. 00 Pr,eur.at is st am"', Co. Stover Pr int inn- Corr any 1-. 25 Tropical Print ': Oil Comj Lny 20 . 0 S "C3''ii 11 Library Aaz,00t�at 'Ion 200. 00 A- ?'oV P r Fi.nGrnce..___ror^ ittAs- -- J