CIHM Microfiche Series (Monographs) ICMH Collection de microfiches (monographies) 11 Canadlwi liwtitutt for Hiatorieal Microrapraduetiam /Imtitiit caiwdtan da mteroraproduetleiw hMofiquM ©1995 Technical and Bibliographic Notes / Notes technique et bibliographiques The Institute tus attempted to obtain the l>est original copy available for filming. Features of this copy which may be blbllographlcaliy unique, which may altar any of the Images In the reproduction, or which may significantly change the usual method of filming are checked below. 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I I Cokwmd pages/ Pages de couleur I I Pages damaged/ Pages endommagSes I I Pages restorsd and/or laminated/ '— ' Pages rsstaurtes et/ou peWculSes [7] Pages dteokxmd, stained or foxed / ' — ' Pages d*ook)rtes,tacheteesoupk|uies r~| Pagssdstachad/ Pages detachSes ry] Showlhiough/ Transparence Quality ol print varies / Quants inegale de rknpiesskx) I I Inchxiessupplsmentary material/ ' — ' Comprend du materiel suppWmsntsIre I I Pages wholly or partially obscured by errata ' — ' slips, tissues, etc., have been refllmed to ensure the best possible image / Les pages totalement ou partiellement obscurdes par un feuilM d'enata, une pelure, etc., ont M fibnees a nouveau de fa;on a obtenir la msilleure image posslUs. I I Opposing psg«! with var/ing colouration or ' — ' discok)uratk>ns are filmed twk» to ensure the best possible Image / Les pages s'opposant ayant des colorations variables ou des dScoi- omtnns sont fllmees deux fois afki d'ol>tenir la meilleur image possible. n CdTwnsnlMiies w yTpWmsr nr'r'ir:'- vr?!^"^!. AQREKMKNT, dated October 14th, 1901, between the Oorporatlon of the Olty of Vancouver and the British Columbia liectrlc Railway Company, Limited, consolldatirg Street Railway Franchises. THIS INDENTURE made in duplicate the 14th day o« October in the year of our Lord one thousand nine hundred and one. BETWEEN THE CORPORATION OF THE CITY OF VANCOUVER hereinafter called "The Corporation" of the one part and THE BRITISH COLUMBIA ELECTRIC RAIL- WAY COMPANY, LIMITED (FOREIGN) being a Com- pany incorporated under the Companies Acts 1862 to 1893 having its registered offices situate at Threadneedle House 28 to 31 Bishopsgate St. within, in the City of London, England, who, with their successors and assigns are hereinafter called "the Company" of the other part; WHEREAS the Consolidated Railway and Light Company under the authority of various Acts of the Legislature of the Province of British Columbia and in pursuance of certain agreements made with the Corporation of the Cities of Vancouver and New Westminster did acquire, construct and operate the Street Railways in the Cities of Van- couver and New Westminster ; AND WHEREAS the franchises (inter alia) for operating the said street railways so acquired by the Consolidated Railway and Light Company became vested in it under the name of the "Consolidated Railway Company" by virtue of an act of the Legislature of the PROVINCE OF BRITISH COLUMBIA, being chapter 55 of 59 Victoria, and whereas the Company pur- chased all the franchises rights and privileges so vested in the Consolidated Railway Company, AND WHEREJiS various agreements as set out in the schedule hereto annexed have been made between the Corporation of the one part, and the Company or its predecessors of the other part whereby the construction and i?.':-ti \JZV.3a operation of linn of railway on rertain ternts in the City of Vancouver was duly authorized AND WHEREAS the Company M now operating a street car service on certain streets in the said City under and by virtue of the provisions in the said agree- ments contained, AND WHEREAS the Company has requested the Corporation to consolidate the Said various agreements into one agreement, AND WHEREAS the Corporation has agrrnl to consolidate the same on the terms and conditions and rentals hereinafter set forth, AND WHEREAS a by-law authorizing the execution of this agreement was duly passed by the Corporation on the 14th day of October 1901, in pursuance whereof this agreement has been prepared and approved. NOW THERE- FORE THIS INDENTURE WITNESSETH that the Cor- poration in consideration of the premises and of the Company agreeing to perform and observe the covenants hereinafter con- tained and paying the rentals hereinafter agreed by them to be paid hereby Grant unto the Company its successors and assigns the right, full permission and authority to equip maintain and operate for the term of eighteen years from the 11th day of February, 1901, and for any renewal thereof that may be granted as hereinafter provided and no longer a single or double track street railway with all necessary overhead construaion, switches, side-tracks, turn outs and other requisite appliances in connection therewith, upon and along the streets of the said City on and over which the Company is now operating a street railway under the agreements aforesaid in so far as the Corporation can legally grant the same, but neither this clause nor anything in this agreement shall give or be construed as giving to the Company the power to engage in any other business than that of con- structing and operating street railways in the said City, the intention being that this agreement shall confer on the Company the right to use the said streets, and no other interest therein, in manner aforesaid so long as and provided they observe the cove- nants and conditions herein contained and make the payments for the use thereof herein covenanted by it to be paid. The Company in consideration of the premises and the grant of the right to use the said streets as aforesaid, hereby covenants, promise' and agrees with the Corporation as follows: — 1. That the Company will fulfil all the conditions, regula- tions and undertakings in this agreement contained. 2. The tracks of the said street railway shall be of a gauj,-: of 4 feet 8% inches, the rails and construction to be to the 2 . Tnick.. reawnibic satiifaction of the Board of Works. The tracks shall conform to the grades of the streets, as defined by the City EnRineer, upon which they are respectively laid, and shall be laid where directed by the said EnKineer. 3. The tracks of the said railway may until the temporary T.n.p™.„ roadbed of the streets is replaced by one of a permanent character, '''*•''•■ (the question what is rcplacinn a street by one of a permanent character to be left to the decision of the Council which shall be final), be constructed in such temporary manner as may be ap- proved by the City Eniiineer or other person appointed by the Corporation, provided no unnecessary obstruction is offered to ordinary traffic during or after construction. When, however. p.™.„„, the roadbed on such streets it constructed by the Corporation on a''" ' solid and permanent basis, then the Company shall con.itrucr a thoroughly good and substantia] street railway, and to the satis- faction of the City Council or any person appointed by the Corporation, both as to grades, location, weight and type of rail and mode of construction. Provided that on all macadamized or gravelled streets, a traci- constructed with rails weighing not less! than 56 pounds per yard shall be considered permanent con- struction until the streets are paved as hereinafter provided. But if any such street is to be block-paved, ashphalted or laid down with a pavement of a similar character, then the Company may be required to remove the track first laid down and replace it with a track suitable to the new pavement, to the satis'nction of the City Engineer, and in that case the track first laid shall be considered a temporary one only. Provided that the Company shall only once be called upon to remove a temporary track and leplace it with a permanent one. 4. The Company shall maintain the ties, stringers and rails H,„^„„ m a state of thorough repair, and shall for that purpose remove, ''""'• renew and replace the same as circumstances may require, and as the City Engineer may direct, and shall maintain and keep the roadbed in the case of a permanent track under the rails and eight inches on either side of the rails, and in the case of a temporary track, between the rails and to a width of eight inches on the outside of the rails in as good a state of repair as the remainder of the streets may be. And in the event of the Com- pany making any repairs or alterations to the track, ties, stringers or rails, the Company shall replace the portion of the street dis- turbed for the purpose of such repairs or alteration in as good 3 PROVINaAL UBRARY VICTORIA, B. C IPP?2l ordtr ind condition u th« r«t of the Krtit without unnecnury drlny. TrMk. '• The location of the railway on the ttreets >hall not he made by the Company until plant thereof (hewing the propoMd position of the raiU, the ityle of the rail to be uwd, .-.nd the other works on such Mreeta have been aubmitted to and approved of by retolution of the Council. SSui'S^ <>■ ">'•« Corporation shall have the right to take up and ulMiipTr«!><. replace the streets traversed by the said railway linn for the purpose of altering the grades thereof, constructing, improving, repairing or replacing the streets, sewers, drains, conduits, or water pipes, or replacing sewers and for all purposes within the power of the Corporation to do or order to be done, without being liable to the Company for any compensation or damage that may be occasioned to the working of the railway or the works con- nected with it, but in such event no unnecessary or undue delay or hindrance hall be caused to the operation of the track, and ir the event of the Corporation exercising such right it shall without delay replace the track at their own proper costs and expense; provided always that the rights hereby granted shall be subject to any existing rights, statutory or otherwise, or that may hereafter be granted to any other Corporation to open or take up said streets of the City, and in such event the said other Corporation shall without delay replace the track and make good any damage thereto at its own cost. *~™*'^'^ 7. In the event of a second track bein-; required to be laid in any street where a single track is now laid, the consent of the Council shall be had and obtained by the Company. Snow, *e^»te. 8. Whenever it shall be necessary to remove any snow, ice or dirt from any of the tracks of the Company, the same shall be removed by the Company in such manner as not to unneces- sarily obstruct the ordinary traffic. ''•^ 9. The Company shall place and continue on said railway track good and sufficient cars for the convenience and comfort of passengers. Each car shall be numbered on the outside and inside, and passengers only shall be carried in such cars, except on that portion of the line operated in connection with the New West- minster and Interurban service, and as hereinafter mentioned. The Company shall not be obliged to carry any packages or baggage exceeding in weight twenty-five pounds for any one passenger on any of its lines within the limits of the City, and it may refuse to allow passengers to bring with them on board 4 itt c»r» an\ packanf o( whaiMwvrr nature that w»ulJ lauw in- convrnirncc to other jHOtngm, or toil or iJamaKr the Company! property, and it may make and enforce »uch re|{ulalioni a> to packages and banisaijr a< it may deem necennary. The Curpuration and the Company »h»<\ make by-law< and reKulaiions pruhibitinK (pittinK in the Company's cars under proper penalties. 10. The Company i uM have the right to make and enforce Ruinuid regulations and rules for the proper collection of fares anil j^"'*''"'^- the conduct of passengers on its cars. 11. The Company shall have the right to charKe and collect run. subject to clauses 16 and 17, in any reasonable way adopted by them from everj person, on or after entering any of its cars for the purpose of -iding any distance within the City, a sum not to exceed five cents. Any person refusing to pay the fare when requested so vo do, may be removed from the car. 12. The payment nf a fare shall entitle a passenger to oncxruut.,., continuous trip on the car on which the fare is paid, and by means of a transfer on a connecting car, from one point to amrher point on the railway within the Citi- limits, but one fare or transfer thereof shall not entitle the passenger to pass over and along any portion of the same street twice, or to make a return journey to any point on the sa r parallel lines. In the event of a transfer being given it must be presented at the transfer point and must be used on the first connecting car run- ning in the direction shewn on the transfer, otherwise the Comranv shall be entitled to charge another fare. 13. The Company shal' 'arry infants in arms free and shall in'sn" sud carry children under the age oi twelve years at the rate of rwoCwSin. children for one regular fare, and shall issue to school children attending the public schools, tickets at a rate not to exceed twenty-five cents for ten fares; but such tickets shall only be used and entitle such school child to travel on the railway between the hours of 8 a.m. and 5 p.m., and shall not be available on Satur- days or Sundays. 14. The Company shall provide free passes ovr the whole fum. system of its railways within the city limits for the .Vlayor, Aldermen and Officials of the Corporation when travelling on the business of the Corporation, according to a list 'o be supplied from time to time by the City Council. The Company shall also carry Police Const.-.bles and members of the City Fire Depart- ment when in uniform, free of charge. 5 Ind«(nnttr to Corpontm. Rllht^.Ww StMM Crcwaiim. CarLichts KftarDftrk. Condacton and MotomMn I' 'I'hr Company ahal I knp (hr Cnrp'iratiun hirminii and indminifird from all actiom, cott», ihargw, claims, liabilitici and damaitn o< whatvicvrr naturr, arininit out n( th» connrructiun of the railway or by rraion of thr operation of the railway over the «treet» (other than claim*, liabilities, charges or damaves arising from any Act of the Corporation), or out of the breach of any of the covenants herein contained by the Company to be perfo. med. 16. The cars of the Company shall be entitled to the un- interrupted right of way on the tracks of the said railways. All vehicles, however, may travel on. along or across the said tracks; but any vehicles, horses, bicycles, man or foot passengers upon the track shall turn out at the approach of any car, so p.s to leave the track clear for the passing of the car. Provided this shall shall not be taken to affect or restrict any legal rights the Com- pany may have against any t Imrtn, rlrvtrkit) , tin*, oim- Mmin rv prewcd »ir or c«blf at the option of the Company, and -hall be run at a rate of «peed not exceedinR 8 mile* per hour un hutineM Mreett, and ten miles per hour un renidential «treetii. 22. The Company will cause can to be run at not lew t' .in Kumiini the followinit intert aU between 7 a.m. and 1 1 p.m. of each day, "''*'"'• cxceptinK Sundays, on which day» the C ,ipany shall not he obliged to run can earlier than 9 a,m. (a) On the mainline from the corner of 9th Ave. and Wentminster Ave., along Westminster Ave., Powell Si., Carrall St.. Conhna St., Camhie St.. Hastings St., Granville St.. Robson St., Denman St. and Davie St. every lU minutes. (b) On the Fai.'ew Line from the corner of 9th Ave. and Westminster Ave., along 9th Ave., Center St„ Granville St., Hastings St. to the corner of Carrall St.. every 20 minutes. (c) On the Powell-Pender St. Line, from the corner of Powell St. and Campbell \ve., along Powell St., Westminster Ave.. Hastinf t.. Granville St., Pender St, and Georgia St. to Stanley Park, every 20 minutes. (d) On the City portion of the Westminster Branch line, every hour, except in the afternoons betwee ' and 7, when the cars may be required by the Cori :tion to run every half hour. (e) If the Company shall be required to do so by resolu- tion of the Council, having regard to what the demand for traffic accommodation justifies at more frequent intervals than in this clause provided, and between the hours of 6 a.m. and midnight of each day excepting Sundays, during the whole year. Provided, however, that in no case shall cars be required to be run bet«een midnight and six o'clock a.m. But nothing in this clause is intended to prevent the Company from run- ning its cars at any other times or as often as it may see fit. 23. In the event of any other lines being built by the Company, during the term of this agreemenv, the frequency of the service over such lines shall be determined by agreement between the Corporation and the Company. 7 Petitions for Now Linoa. Linu on Otlin StrMU. 24. In the event of the Corporation being petitioned during the term of this agreement by at least three-fifths of the residents on any street to have a street railway built on such streets not now occupied by the Company, such petition shall be referred co the Company who shall have the option of building within a reason- able time such railway on terms, conditions and rentals similar to those contained in this agreement. 25. In the event of the Company being desirous of con- structing and operating a street railw;.y on or over any street not now occupied by it, the said Company shall have the right and pr'vilege of doing so under the terms and conditions of this agree- ment, provided the consent of the Council of the said City by resolution duly entered on the minutes is first had and obtained. c»rii,.aie. to ' 26. In the event of the City or any other person or Company strit'Siiiw.y. proposing or being desirous to construct street railways on any of the streets not now occupied by the Company, such proposal shall be refered to th- Company, and the Company shall have the privilege of building such proposed railway, on the terms and conditions in this agreement contained, and the Company shall thereupon begin the construction and equipment of said railway within six months of the acceptance of such proposal, but if not accepted by the Company within si.xty days from the date of the notice referring the proposal to the Company, then the Corpora- tion may grant the privilege to such other parties. 27. In the event of the Company refusing to construct any railway as provided for in the forei,,. -lause, the privilege may be offered by the Corporation to another Company to construct the same, and in that case any offer so made shall be made upon the condition that such other Company shall accept the proposal within 60 days thereafter, and begin the construction within six months after the expiration of the said sixty days, and shall further have the right to use a portion of the railway track of the Com- pany not to exceed two blocks altogether, and shall pay therefor such annual sum or such proportion of cost of maintenance of such track as may be agreed upon by the Company, and such other Company; and in case they cannot agree, the matter in dispute shall be referred to arbitration. And in case such other Company shall refuse or fail to pay such annual sum or such proportion of the cost of maintenance as may be awarded by the Arbitrators, as and when the same shall become due, and payable, then such Company shall after default cease to have the right to use the 8 R«fusalofConi PMir to Con- Btnict Now Linn. track of the Company co long as the amount in default shall remain unpaid. 28. Before breaking up, opening or interfering with any Nou™ to City part of the said streets for the purposes of constructing or repairing '""•"""n to the railway, the Company shall give to the City Engineer for the*'""'' time being, seven days' notice in writing of its intention to do so; and no more than two thousand lineal feet of the said streets shall be broken up or opened at any one time, unless authority so to do shall have been given by the Board of Works. And when the work thereon shall have been commenced it shall be proceeded with as far as practicable without intermission and as rapidly as the same can be carried on with due regard to the proper and efficient construction of the same. 29. During the time of construction of a railwav and lav- Fr«, pi»««. mg the rails, or thereafter during the repairing the same, a intl'.^&'i^^t'- passage for vehicles over a sufficient portion of the streets and "°"' crossings shall be maintained; and immediately after the said raili have been laid, or repairs done, the surface of the streets shall be replaced in a condition as nearly as possible similar to that in which they were before the commencement of the work of construction or repairs. 30. In case the Company shall fail to run regularly or in p.„,., ,„ „,^ accordance with the provisions of this agreement, cars for the g^J*"(5i™"' accommodation of the public sufficient for that purpose, or in case "•^'"''•" the Company shall fail to operate any portion of the whole of its lines for the period of six months, or shall do or omit to do any- thing, the doing or omission of which under the provisions of this agreement causes the forfeiture of the rights hereby conferred upon the Company, the Company shall forfeit all privileges, fran- chises and rights which it shall acquire or are conferred upon it under the provisions of this agreement over such portion of its railway on which default has been made, and the same shall thereupon become and be vested in the City, at a valuation to be determined upon by arbitration; or at the option of the City Council, the Company shall remove its rails from said track or portion of said track, and place the paving of such .street or highway in a condition similar to that in which the remainder of such street or highway may then be. Provided this clause shall only apply to wilful default of the Company. SIP"" ^'' ^ *" ''"°"'P*"> "■'■" P"' to the Corporation the following • per centages on its gross annual street car receipts within the limits of the City of Vancouver, namely: If receipts are under $75,000 ]« If receipts between $75,000 and $150,00o! .........] 2% On amount over $150,000 and under $300,000. . . 3^ On amount over $300.C00 and under $500,000 .47* On amount over $500,000 and under $1,000,000. . . 59? On amount over $1,000,000 and under $1,500,000 67° On amount over $1,500,000 and under $2,000,000 .8% 32. The said percentages shall be paid to the City Treasurer on or before the 15th day of each month for the month preceding and the Corporation shall have at all times access to the Traffic books of the Company by an Accountant of the Corporation to ascertain the total amount of traffic receipt of the Company on which the aforesaid payments are to be calculated. 33. All the property of the Company in the said rails, substructure, and connections is hereby charged with die payments of all the moneys to be paid under this igreement. City'sOption to 7A A* *t. ^_ • * r » .*"M?orLT„";. „ / tu. A """"^ "' "" "™ S"^"^ by this agree- cuyLilSI."^ " "^ '"^*'' ■"*" ^'""^ " ''»*' ^« ■»»"*«' written EgtaMtarf notice, prior to the expiration of said term, of its intention so to • do, either alter the terms of this agreement in such a manner as may be mutually agreed upon between the Corporation and the Company, or may assume the ownership of all the railway line, belonging to the Company within the present City limits, together with all the real and personal property of the Company actually used, in use or to be used in the operation of the railway lines and plant within the limits aforesaid, upon payment being madJ to the Company by the Corporation of the value thereof, such value to be mutually agreed upon between the Corporation and the Company, or in case of a failure to agree, then such value shall be determined by arbitration in tho following manner- the arbitrators shall fi.x the then market value of all the lands so to be taken over exclusive of any improvements, machinery and buildings thereon, and to the sum so found shall be added the value of the improvements, machinery and buildings then made affixed or erected on the .aid lands, and the value of all the personal property so to be taken over, which values other than land value shall be arrived at by taking the cost to the Company of all such improvements, machinery, buildings and personal 10 property including the cost of construction of the said railway l.n« and of mstalling all the plant and machinery, and deducting herefrom a re«onablc sum, to be determined by the arbitrators for deprecation thereof; but such price or value shall not include any Pa)wnt for any franchise for the right of running or g«,d. wll. The Corporation shall have eight months after the value |s finally determmed on to complete the purchase; and in case the L.ty shall fa.l to exercise the right of altering the te.ms of this agreement as aforesaid, or of assuming ownership of said railway at the expiration of the aforesaid term, the Corporation ma, at the end of every five years to elapse after such cxpir-ntio... exe'rci.e the same rights of alteration of the terms of this agreement as aforesaid, or assume the ownership of the said railway and of all real and personal estate thereunto appertaining, upon giving one years written notice, to be given preceding the expiration of every fifth year as aforesaid, and upon payment of their value to be mutually agreed upon or decided by arbitration as aforesaid. And the privilege hereby granted to the Company shall be deemed to be extended until said Corporation shall have exercised the right to purchase or of alteration of the term, of this agreement as aforesaid, and as ,f such extended time had been originall, fixed by this agreement. Provided it shall be optional with the Cor- poration to include or no. that part of the Company's line and olXcity*" "^ "" '^''""'■"''" "^""-"V within the limits 35. In case the Corporation shall decide to exercise itsi»-n-. option of purchasing the railway at the expiration of tie n^JdSSK"' here^rantedj,r at the .«1 of «,y fi„ ,«,„ period thereafter. "" n« rtgfit gnmsd the Westminster and Vancouver Railway Com- pany now merged in the British Columbia Electric Railway Company, Limited, by agreement dated the 24th day of August, l»yi, to run the through car service between New Westminster and Its present terminus in Vancouver shall continue unaffected. Provided also the said through cars of the Company shall have precedence over the cars of the City Car service and over all other cars, un ess otherwise decided by the Railway Committee of the Privy Council. 36. The Company shall have the right to construct, equip, E.,e„.i,„ u, maintain and operate their street railway upon and over an open BriS;;:'"^""' extension or addition to the bridge connecting Granville St. and Center St. across False Creek to a point twenty (20) feet or there- abouts South of the South end of the present swing of the said II Arbttration. Givin^r Notice. Affreem«nta Cuicellcd. bridRr; throce across M swing to a point twenty (20) feet etnin J""' '"u' "' "•'' '*'"«' '""« ^'' -"pTn «tens,on or add.t.on to the ,aid bridRe to the North end thereof 1 he said extension or additions to the said bridge shall be for the exclusive use of the Company except at such times as the present hndgc may be undergoing repairs, in which event the said exten- sion or addition „ay be planked by the Citv a. its own cost, and used by the public, the Company hereby undertaking during any period while the said bridge is being used as aforesaid to conform Traffic""'"'' ""' '° """ "" """'«■"'"" "' the Public 37. If at any time hereafter, any dispute, difference or question shall arise between the said parties hereto or their respective successors or assigns or any of them, touching the con- struction, meaning or effect of these presents, or anv clause or thing herein contained, or the right, and liabilities of the said parties respectively or their successors and assigns, then evety such dispute, difference, decision or question shall be referred to arbitration. 38. Whenever under the terms of this agreement anv matter dispute diiJerence or question i, to be referred to arbitration, the same shall be referred to the decision of two arbitrators and shall be arbitrated under and according to the provisions of the -Arbi- tration Act," being chapter 9 of the Revised Statutes of British Columbia, and any amendment thereof, or of any Act of the Province ot British Columbia relating to arbitration and the conduct thereof. 39. Any notice to be given under this agreement by the Company shall be deemed sufficiently given and served if delivered at the office of the Corporation, and any notice to be given by the Corporation to the Company shall be deemed sufficiently given and served if addressed to the General Manager of the Company, Vancouver, B. C, and forwarded by registered letter. +0. The following agreements b-tween the Corporation and the Company or its predecessors, now consolidat ' in the present agreement are hereby cancelled, namely:— Agreement dated Uth February, 1899, Vancouver Lines original agreement. Agreement dated 14th January, 1891, Vancouver Fairview Line. Agreement dated 24th August, 1891, Westminster Line. 12 Sts. Agreement dated 30th April, 1895, HMtinKs St Agreement dated 30th April, 1895. Robwn and Granville St., 2nd Agreement dated 1st June, 1897, Pender St. Agreement dated 21st June, 1898, Powell St Agreement dated 21st June, 1898, Hastings St Agreement dated 3rd Februarj-, 1899, Granville track. ^^^ Agreement dated 3rd February, 1899. Davie and Denman Agreement dated 3rd February. 1899. Termination all agreements. traclc'*^™'"'"' ''*'"' ^^'^ DecHn'^-f. 1899. Robson St.. 2nd Nothing in this agreement contained shall affect or Iw deem- ed to affect any rights, powers or privileges granted to the Com- TZinI '7,C"'r '"™^'»""''"- Any rights or powers of taxation of the Company s property vested in the Corporation shal not be taken away, diminished or affected by this agreement or the execut,o.. thereof by the Corporation. shall be taken to mdude the Street Railways at present being operated by the Company in the City, and all others that mav hereafter be constructed or operated under the terms of this agree- ment. ^ IN WITNESS WHEREOF the Mayor and City Clerk of the Corporation have hereunto set their hands and seal, the dav and year first above mentioned. The Common Seal of the Corporation of the City of Vancouver was affixed in the presence of— (Sgd.) T. O. TOWNLEY. ,„ , , -Maior. (Sgd.) THOS. F. McGUIGAN. ' City Clerk. The Common Seal of the British Columbia Elec- tric Railway Company. Limited, was affixed in the presence of — (Sb'I) GEO. P. NORTOV ^^K''-' J. HORNE-PAYNE, ,_ Directors. (Sgd.) F. HOPE. Secretary 1.1