SECTION 4. That the said company shall at all times keep the streets and alleys and avenues between the rails of its tracks and for a distance of eighteen (18) inches on each side thereof in good order and repair and to the satisfaction of the City Commission; and if said company shall fail to put such streets in good repair within sixty days from and after written notice from the city so to do, the City Commission shall cause the same to be done at the expense of said company, and if all costs and expenses thereof be not paid within sixty days after such work is completed, then the costs and expenses hereof may be assessed against the real and personal property of said company, to be collected as other taxes and assessments on street improvements.

SECTION 5. That said company, its successors and assigns, shall hold the City of Middletown free and harmless from any and all damages arising out of the construction of its said street railroad and every part thereof.

SECTION 6. That at any time the City Commission shall cause any of the streets or avenues or alleys over which said company's lines shall be operated to be paved, then at the same time the said street railroad company shall pave between the rails of its tracks and on either side thereof for a distance of eighteen (18) inches, as is provided by law; that where the paving of a street is already completed, the said street railroad company shall replace all paving it may remove for the purpose of constructing its tracks, ties and anything required in its construction, with such material as may be agreed upon by the City Commission, and it shall promptly restore all streets to as good condition as before being disturbed and at its own cost and expense.

SECTION 7. That city car service shall be furnished over the lines above mentioned on at least a twenty-minute schedule and from five o'clock A. M. to twelve o'clock P. M. daily, and all such cars shall stop at all street intersections to receive and discharge passengers; that all limited interurban cars operated over said route shall make at least three stops within the corporate limits of the city for the purpose of receiving and discharging passengers and at such points as may be designated by the City Commission for through business; that all local interurban cars shall make at least ten stops at street intersections within the corporate limits of the city to receive and discharge through passengers and at such places as may be designated by the grantee company; that if any of the provisions of this section are not complied with by grantee company, then this franchise shall be and become void and of no effect, at the option of the City Commission. • SECTION 8. That the rate of fare to be charged by said grantee company, its successors and assigns, for the carrying of passengers over its entire lines within the city shall in no event exceed five cents for persons over six years of age for one continuous trip, and that children under the age of six years shall at all times be carried free of charge; provided that if at any time the lines of the grantee company shall be extended to West Middletown the rate of fare herein allowed to be charged shall apply to a continuous trip to the depot of the C. H. & D. Railroad at said West Middletown.

SECTION 9. That if grantee fails to operate its cars for a consecutive period of sixty days, unavoidable casualties excepted, it shall forfeit all of its rights under this franchise, at the option of the City Commission.

SECTION 10. That the City of Middletown shall have and it retains the right and privilege to construct or permit to be constructed under the tracks of said railroad company sewer, gas and water mains and other apparatus or conduits, and to string wires and cables above its right-of-way; and it may, if deemed necessary to do so, temporarily remove the tracks of said grantee company for those purposes, it being understood and agreed that the city shall restore the tracks so removed to as good condition as before removal or excavation, and it shall protect the grantee company from unreasonable delay or injury during the time such work is being performed.

SECTION 11. That the grantee company's privilege to construct and operate the said street railroad shall be for a

period of twenty-five years and shall be granted to the company or its assigns, who shall bid for the carrying of passengers at the lowest rate of fare in accordance with the laws of the State of Ohio, for continuous trips, number of commutation tickets for one dollar, number for fifty cents and number for twenty-five cents.

SECTION 12. That the company to whom this privilege is granted shall pay all the costs and expenses incurred in the publication of all ordinances and resolutions and notices relating to the proceedings granting or providing for said franchise, and it shall, within sixty days after the date of the passage of any ordinance granting a franchise to such company, its successors and assigns, file its written acceptance of the terms thereof with the Clerk of the City Commission.

SECTION 13. That any company desiring to bid for said franchise shall do so in writing, which written bid, sealed and addressed to the Clerk of the City Commission and endorsed, “Proposal for the construction and operation of Street Railroad Route Number Four,” shall be filed with the Clerk of the City Commission at or before the time mentioned in the advertisement for bids.

SECTION 14. That before the commencement of the actual work of construction of said street railroad, the grantee shall file with the City Commission a surety bond in the sum of ten thousand dollars, conditioned that the grantee, its successors and assigns, will construct and operate said street railroad within the time specified herein, and will comply with the conditions and stipulations contained herein as to such construction, and that the grantee will save the City of Middletown free and harmless from any claim or claims for damages as provided in Section 5 of this ordinance.

SECTION 15. That the grantee shall begin the construction of said street railroad within eighteen months after the acceptance of the ordinance granting the franchise, and shall have the same in operation within one year thereafter, and failing to do so, all the rights and privileges herein con

ferred shall cease, and this franchise shall be declared null and void; provided, however, that after said company shall have begun the actual construction said provision shall not apply in case of strikes or other causes over which said company has no control, nor by reason of injunction proceedings which may delay the construction of said street railroad.

SECTION 16. That whenever the company, after the completion of said street railroad, desires to make any change, or put in sidetracks, switches, turnouts, Y's or extensions, it shall be required to make written application to and secure from the City Commission permission to do so.

SECTION 17. That the company, its successors and assigns, shall have the right to carry passengers, baggage, express, freight and United States mail; that all cars carrying passengers shall at all times be properly lighted and heated, be clean, and be of modern type, and that the cars carrying freight shall be of modern type and such as are now in use on electric railroads; that any and all baggage, freight and express matter handled by said railroad company shall be housed, handled, loaded and unloaded on the private property and lands of the company and not on the streets, avenues and alleys of the City of Middletown unless special permission is given so to do by the City Commission; that no freight or express cars shall be allowed to stand on the street for the purpose of loading and unloading baggage, freight or express, and that no train to be operated over said route herein established shall at any time be composed of more than three cars.

SECTION 18. That the grantee company shall with promptness remove all snow and ice from its tracks and cart the same off the streets so as to prevent the snow and ice from being banked along the sides of its tracks, so as to preserve always an open highway for public travel and use.

SECTION 19. That any street railroad company hereafter operating a street railroad over and upon the streets of Middletown shall have the right to operate over such portion of the tracks herein described as is now or may

hereafter be provided by the laws of the State of Ohio, upon the payment to grantee herein of the proper proportion of the cost thereof.

SECTION 20. That the Clerk of the City Commission be and he hereby is directed to advertise for sealed proposals to construct and operate said street railroad route number four as herein established for a period of three consecutive weeks as provided by law.

SECTION 21. This ordinance shall take effect and be in force from and after the earliest period allowed by law.

(Ord. Bk. 3, Pages 31-32-33-34-35; March 4, 1914.)

Granting leave and permission to The Dayton, Middletown & Cincinnati Railroad Company to construct, maintain and operate a street railroad over, along and upon certain streets in the City of Middletown, State of Ohio.

Whereas, on the 6th day of November, 1913, The Dayton, Middletown & Cincinnati Railroad Company made application in writing to the Council of said City of Middletown, Ohio, for the right to construct, maintain and operate a street railroad over, along and upon certain streets in the City of Middletown, hereinafter specifically set forth, and

Whereas, on the 4th day, of March, 1914, an ordinance was duly passed establishing a street railroad route over such streets and notice of the establishment of said route and of said application was duly published according to law, and

Whereas, The Dayton, Middletown & Cincinnati Railroad Company has made a bid for said route, which said bid offers rates of fare, which are the lowest rates bid, and previous written consents of a majority of the property holders upon each of said streets or parts thereof on the line of the proposed railroad represented by the feet front of the property abutting thereof having been obtained.

Now Therefore, BE IT ORDAINED by the City Commission of the City of Middletown, State of Ohio: