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D., 19SS, certain powers and pririleges werd granted by the Corporation of the City of Vic- toria to J. Donglas Warren, Andrew Oray, Thomas Bhotbolt, Joseph Hunter and David Williams Higgins, and which said agreement is in the words and fignree following: Memorandum ot agreement made and entered into this 20th day of November between the Corporation of the City of Victoria (herein after called the corporation) of the iirst part and J. Donglas Warren, Andrew Gray, Thomas Bhotbolt, Joseph Hunter and David Williams Higgins. (hereinafter called the parties of the second part). Whereas the parties of the second part are desirone of forming a company for the purpose of constructing, completing and maintaining a proposed line of tramways, or streetcars, in the said City of Victoria, and for making, doing and building all the acts, deeds, works and things necessary for the construction, completion and maintenance of sach proposed line, and for thai purpose have requested the Corporation to grant them certain rights, pow- ers and privileges, and to permit them to make, do and perform and build certain acts, deeds, things and works which the Corporation have agreed to do. Now these presents witness that In consideration of the premises aad of the covenants hereinafter contained, the' Corpora- tion heteby covenant with the parties of the second part, and the parties of tlie second part hereby for themHAives jointly and severally covenant with the (Corporation as follows: 1. That it shall be lawful for the parties of tha second part to lay a single or double lino of rails in the centre of the streets mentioned in the schedule hereto for the purpose of a tramway or a line of straet cars, and for that purpose to enter into and upon said streets, and to do all ueoessary ezoavations and alteratious upon and to grade •aid streota. S. That it shall be Uwfal fur the parties of the second p&rt t4> erect poles and to lay over- head wiroM along all or any of the said streots and roads of the municipality of the CUiy of in^t^'nit TvT ui« liuypiy or siSiitriCiTjr lor iiMUk- iiMi and motor ^^<*"^ <^nd '^r *^^y other •leotrioal purposa, Mit for the purpose of the •rection of such poles and the laying of such wires t^innter upon Miy such streets and roads and to uiakfl nncli exoavationn and to do such acts and things as may he necessary. B. That it shall hp lawful for the p»rtlf>s of for the carriage of passengers four miles of such track or tramway lines by tka first day of July, 1890. 9. That the parties of the second part shall and will at all times during the oonstmction of such tracks or tramway lines, or the erection of such poles and the laying of such wires, and daring any repair or alteration of the same, take due and proper precautions for the safety of foot and other passengers, and of horses and carriages passing along the said streets, cr any of them, on which such construction, alteration or repair is being petformed. 10. That after the construction of such tracks or tramway tinea or after the completion of any repair, addition or alteration to the same, and also after the erection of such poles and the lay. ing of such poles, wires or any alteration repair or aSdition thereto, the parties of the second part shall and will repair and amend the said streets and leave them in as good a condition as they shall be in at the time of the commencement of such conBtrnction, alteration, repair or amend- ment so far as the name is compatible with the construction of such tracks or tramway lines or the erection of such poJes and the laying of such wires, such work of reparation and amendment of vhe said streets to be done to the approval of the City Surveyor or some other competent per- son, to be approved of by the Corporation. 11. That the parties of the second part shall not, whilst they are runninK r.ny cars over the saldstreots, under the powers hereinbefore given them, ciiarge more than a maximum farn of .^ centH per head {or a single trip over tlieirsaid lines or any of them. 12. That the powers, permisHions, authorities, rights and privileges* hereinbefore contained are grantod by the ('ori>oration to the pB.rtiei of the second part for the term of .^0 years from the time of the passing of any by-law authorizing the execution of thin contract, and that the obli- gations lieroinbofore iraposerl upon tliC partisH of the seconi part Hhall b« Itinding upon them so long as they shall run the said tramways or can* under the powers hereinbefore given them. 1%. Th£t !' Ihs n£.riiss nf ti^st&RO.nmi nas-i shall under the powern hereinbefore contained, com- mnmie the ooaHlrnctioo of unoh tracks or t ram- way liueii and shall not have four miles of the saiflti thoroughly e«ulpt>(*d and in running onler for the carriage of passengern by the.tirst day of July, 1H9(), 1. shall be lawful for the Coi'porath>n to ont4«r into and upon and take pos. HOHnlon of all trackH and rnilH iaid compensation oi to the working c herein contempl 20. The rail to shall be the flat used for the pi horse-car railwa; 21. Each car ( shall be number 22. The oars sb streets mentiom which the said ti summer and 15 at intervals of t 23. The speed t miles an honr. 24. The condnc each car shall ai names of the str< 25. The cars sh carriage of pasic 2«. The partiee ble for all damafl tion or operatior plated. 27. If the said lect to keep tl same or crossing the rails in good CHsary repairs r City Surveyor or notice thereof, made forthwith, Bonable time the ticer as aforesa made and the an poration may be ties of the secom jurisdictUm. '.:s. That liefori terferlng with i purpose of com said parties to cause to be giv least »U days not _^ lU-.. OK/ «« ilS-w-ITT VJISU =tr-. broken up or op when, the work mence ./" ///i^ Street Railways oompensation or damage that may be occasioned to the working of the railway or to the works herein contemplated. 20. The rail to be employed by the said railway Bhall be the flat rail, each as is now generally used for the present eystem of electrical or horse-oar railways . 21. Each car employed on the said railway shall be numbered. ^ 22. The cars shall ran oTsr the whole of the streets mentioned in the sohedole hereto, on which the said tracks are laid, at least 15 hoars in sammer and 15 hoars in winter on each dny and at in terrain of not less than 30 minutes. 23. The speed of the cars shall never exceed 10 miles an hour. 24. The conductor or other person in -"large of each oar shall announce to the passe Aigei s the names of the streets as the oars reach them. 25. The oars shall be used exclusively for the carriage of pasHengerp 26. The parties of the second part shall be lir- ble for all damages arining out of the construc- tion or operation of the works herein contem- plated. '27. If the said parties of the second part neg- lect to keep the tracks or roadway between same or crossings, between und on eaoh side of the rails in good condition or to have the nec- CHsary repairs made therein as aforesaid, the City Surveyor or other proper officer shall give n«)tice thereof, requiring sr.oli repairw to be made forthwith, and if not made within a rea- sonable time the said City Smveyor or other of- lioer as aforesaid may cause the repairH to be made and the amount so expended by the (Cor- poration may be recovered against the said par- ties of the Heoond part in any c«)urt of competent jurisdiction. '<:h. Tliftt liefore breaking np, opening or in- terferhiH with any of the naid Htroets for the purpose of constructing the said railway, the HAid parties to the senond part will give or cause to bs given to the said Corporation, at least HU days notice of their intention and that Xr m-.T^ fK'-t OfUV-lfs r.* M^0 A-I.A uhKI af vinAla attnll l^A broken up or opened at any one time, and tliat when ,the work thorson shall have been ooni- menoed I ho same shall be prot^eedwl with Nteadlly and without lnterruptl«»n, nnd as rapidly aH the same can be carried on, ilue re- gard being had to the i>roper and effloioni con- struction of the same. material orovided therefor shall be to the satis- faction of the City Surveyor or such other officer as aforesaid. 34. That the poles used for supporting the elec- trical conduits shall not be inferior in appear auce to those on the day of the date hereof used in Goyernment street in the City of Victoria by the Telephone Company. In witness whereof the parties of the second part have hereto set their hands and seals and the Corporation iias caused the corporate seal of the City of Victoria to be hereto affixed. Signed, sealed and delivered in the presence of (R. Sinclair,) (R. Sinclair,) (D.W.HlGOINS,) (D.W.HlOGINS,) (Wm. Hammond.) Signed . D. Warben, Andrew (Jbay, Tho8. Shotbolt, Joseph Hunter, D. W. HlOOINS. [L. 8.] schedule. Fort Street to city boundary Hue east. YateH Street to Fort Street boundary line east. Johnson Street (part). Pandora (all). Cook, North Park and Pioneer Streets. DougljiH Sti-eet to northern l)ouudary of city limits. Hilliiide Avenue. Store, DlMcovery and Constance Streets. Hock Hay Bridge t<» Work Streot. Dridge Htrcot. (iovernment Sti'et^t and James Ray Bridge. Helloville, St. Li'.wrenop, Menzies and Erie HtrcwtH to ouler wharf. Simco^t Street to Deacon Hill Park. Be It therefore enacted by the Municipal Coan- oll of tho City of VioUiiia um foilowH: i. That the Hiild agreement hereinlM'foro recited Hlinll Im< nnti t he HHtnsHw44t«*i'iiM'»J t«iu#akiA'ii-au4i.auimtrtt!J^ HtrtMit rai!w;iyMou IheHtreetH uieuliuned iu the Holiedule (o ilio Maid agreement, and to operate the name under the condlttous. provintons and roHtrletiouN (and not otherwise) in tlie Hald aKioeiiieiit conlainod. and huoI> c /#^^ / erection of saoh poles and the laying of each wires to enter npon any such streets and roads and to make sach excarations and to do snch acts and things as may be necessary. 3. That it shall be lawfal for the parties of the second part to ran cars along and« oyer any streets in the said schedule mentioned and along and over any street or streets in which the parties of the second part may at any time have power to lay a line of tramway, and also that it shall be lawfal for the parties of the second part to :. upelfiai mn sach cars either by electricity, gas, compreeeed air or horse power. 4. That the parties of the second part shall have power to extend the said single or doable tracks, and to erect poles for lighting and motor And other electrical parposes along any of the said streets or sach other streets as 'may be deemed necessary from time to time, and for that purpose shall have power to make excava- tions apon, and to hare the power of grading each streets, and all other rights and powers nooessary for such extension. 5. That the parties of the second part shall have power to lay sidings along any of the said streets and to take ap and replace the said tracks, or any part thereof, and to repair the same, and for these parposes, or any of them, to enter upon the said streets and to excavate and do any other act or thing necessary. 6. That the parties of the second part shnll have the rights and powers necessary, and it ahall be lawfal for them to nV w their oars and hones (if the same be need) to stand npon the said streets at certain points or places which shall be chosen by the parties of the second part as "stations" for each length of time as the parties uf the second part shall deem fit. 7. That the parties of the second part shall hare all other powers and rights necessary for th^ pnrpose of constructing such lines or tracks and of repairing.altering and maintaining same and for the pnrpose of erecting the said poles and of laying the said wires, and of repairing, altering and maintaining same all power and rights necessary for the erecti«>n of such build- ings and theoonstraotion, alteration, imainten- anoeaad repair df all or any other works nncesshry for the pnrpose of such tramway and the trauHaoti(rn of any eleotrioal basiness and all powers and rights neoMsary for the pnrpose of running and oonduoting i^n efficient line ef street oars or tramways. 8. That the parties of the second part shall (if they Intend to constraot the said tramways or lines^oommenoe theoonstrnotlon of tlie said tracks or tramway Hues not latnr than the lot day of OotolMr, 1HH9. and shall complete, and way lines and shall no*^ have four miles of the s&me thoroaghly eouipped and in running order for the carriage of passengers by the. first day of July, 1890, it shall be lawfal for the Corporation to enter into and upon and take pos- session of all tracks and rails laid and all poles erected and wires laid by the parties of the second part, and thereupon the title of the parties of the second part to such tracks and rails, poles and wires, shall abso- lutely determine and cease and the same shall b^ome forfeited to the Corporation absolutely, anj^roleof law or equity to the contrary not- withstanding. Rut that upon the Corporation Mceroising this last power all the liabilities of the parties of the second part under this contract shall cease and th's contract shall thencefoith be null and void, and any by-law to be made touching this agreement may be repealed. 14. That nothing in this present contract con- tained shall be deemed to confer or be construed as conferring any exclusive privileges, rights or powers on or to the parties of the second part. 15. That all works necessary for constructing and laying down the several railway tracks shall be made in a substantial manner and according to the best modern practice, and under the supervision of the City Surveyor, or such other ^officer as the Council ^hall appoint for that pnrpose. Itt. If horses are used the roadway between and within at least eighteen inches from and outside of each rail shall be p ived or macadamized and kept constantly in repair by the said parties to the second part, who shall also be bound to construct and keep in good repair crossings of a similar nature to those at present or that may be adopted by the Corporation over the streets traversed by the said railway, at the intersection of every such railway track and crossings, whether at cross streets or otherwise. 17. The tracks shall conform to the grade of the said streets on which they are laid, as furn- ished by the City Hurreyor or such other officer as aforesaid, and shall not in anyway change or alter the same. 18. The location of the line of street railway in any of the streets shall not be made until the plans thereof, showing the position of the rails and other works in each street shall have been submitted to and approved of by the City Hnr- veyor or snch other officer as aforesaid. 19. The city authorities shall have the right to take up the streets traversed by the rails, either for the purpose of altering the grades thereof, conslruotiug or repairing drains, or for laying down,removing or repairing water or gas pipes or electrical oondnits of any kind, and for all other purposes within the prttvince and privileges of vzirr "-irs jnr? r?r?-_-rs tt ?r^*-T-r "r-r??xs --— —— -— ■- r-— x menced the sa steadily and ^ rapidly as the gard being had 1 siruction of the 29. That durin railways, due ai leave sufficient s trafhc and trav( streets intersect] sarily impeded, i provided and ke ond part, when s accidents to the ] 30. That the t railways, shall Ui shall be flush wil little obstruction the same, and th) and for all and e soever to travel \ with their vehicL so often as thej not impede or in parties of the sec subject at all tim ties of the second istrators and ass with the said can any other vehicle :U. That the sa shall and will at ; and civil agents, charge of the can that the said part agents, conduoto from time to tim( Continuance of tl the rights and pr ate the said rallw worked under sm the City of Victoi (luisite for the p property of the pi lations shall not i ed to tl>o said par 91 That the wil shall bo at a dista feet above the Htr 88. That the pai dithiu to the p( may lay, construe street railway, ov( city, the tracks ol l>e flush with the I however, that the shall furntNh and flooring (»ver the nnd provided alno l\^lt\ aix Mr%£% an t% fli Zr } } leB of the ling order rst day of rporation ake po8- Ub laid res laid herenpon rt to Bach all abeo- fune shall }8olately, rary not- :poration kilities of I contract incefoith be made Jd. _ 1- menced the Bauiv lulF be proceeded' with steadily and without interraption, and as rapidly as the same can be carried on, due re- gard being had to the proper and efficient con- simction of the same. 29. That during the construction of the said railways, due and proper care slialJ be taken to leave sufficient space and crossings so that the traffic and travel on the said streets, and other streets intersecting same, shall not be unneces- sarily impeded, and lights burning or watchman provided and kept by the said parties of the sec- ond part, when and whera required, to prevent accidents to the public. 30. That the tracks of said street railway, or railways, shall not exceed five feet in width and shall be flush with the street, so as to offer as little obstruction as possible to vehicles crossing the same, and that it shall and may be lawful to and for all and e fery person and persons whom- soever to travel upon and use the said tracks with their vehicles, loaded or empty, when and so often as they may please, provided they do not impede or interfere with the cars of the said parties of the second part running thereon and subject at all times to the right of the said par- ties of the second part (their executors, admin- istrators and assigns) to keep the said tracks with tlie said cars when meeting or overtaking any other vehicle tliereon. 31. That tlie said parties of the second part shall and will at all times employ careful, sober and civil aKents, conductors or drivers, to take charge of the cars upon the said railwayij, and that the said parties of the second part and their agents, conduotoFs and drivers ehaU and will from time to time and at all times during the continuance of this franchiHe and the exercise of the rights and privileges hereby conferred, oper- ate the said railways and cause the same to be worked under such rogulatiimH as the Council of the City of Victoria may deem necessary and re- quisite for the protection of the persons and property of the public, and provided sucli regu- latioi^H shall not infringe on the privileges grant- ed to tlie said parties of the secood part hereby. 9'i That the wire aWtng which the trolleys run shall bo at a distaneitof not less than eigbieen feet above the Htreet. 88. That the parties of the second part in ad- dition to the powers hereinbefore exprnHsed, may lay, construct and oprrato a singln line of street railway, over and uh ig any bridge in the city, tht» tracks of such m :v iy In any bridge to lie flush with the flooring ot the same; provideil, however, that the said parties of the second part shall furnlnh and lay at their own exi>enss a new flooring over the wholt of any bridge so crossed; and provideermt8sion to any per- son or persons or bodi js corporate to cross and reoross the lines of railway to be constructed on the streets mentioned in the said schedule or any other stre ts that may be hereafter used by the said J. Douglas Warren, Andrew Gray, Thomas Bliotbolt, Joseph Hunter and David Wilirimi Higgins or their assigns, but nothing In tliis sec- tion mentioned sliall be deemed to restriot the generality of section fourteen of the said agree- ment. This By-Law may be cited as "The Street Rail- way By-Law. 1H88." PasBodthe Municipal Conncil the 21st day of November, A. D„ 1888. Reconsidered and finally passed the Coaaoil this 5th day of December, A. D., 1888. JOHN GRANT, Mayor. WBLLINOTON J. UOWLIR. V, M. C. /