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WOODWORTH, FOR TRANSFER OF TORONTO STREET RAILWAY. / [Approved as to form, lat September, 1891. C. W. R. BiaoAR, City Solicitor.] This Indbniurb made in triplicate the first day of September, one thousand eight hundred and ninety-one. Between the Corporation of the City of Toronto, hereinafter called " the Corporation," of the first part, and George Washington Kiely, of the City of Toronto Esquire; William McKenzle, of the City of Toronto, contractor; Henry Azariah Everett, of the City of Cleveland, In the State of Ohio, Secretary of the East Cleveland Railway Company (Electric), and Chauncey Clark Woodworth, of the City of Rochester, in the State of New York, Esquire, hereinafter called " the Purchasers," of the second part. 1. Whereas by virtue of an Act of the Legislature of the Province of Ontario, being 52 Victoria, chapter 73, intituled " Ah Act respecting the City of Toronto," the Corporation of the City of Toronto was empowered, after having acquired the ownership of the railways of the Toronto Street Rail- way Company and all the real and personal property in connection with the working thereof, to sell, lease or otherwise dispose of the same to any one or more persons, firms or corporations on such terms and for such periods as might be agreed upon between the City 'and the said persons, firms or corporations. 2. And whereas under and by virtue of another Act of the said Legisla- ture, being 53 Victoria, chapter 105, the said Corporation was empowered to proceed to arbitration, under the 18th Resolution of the Agreement tTierein referred to, in order to determine the value to be paid by the said Corpora- tion to the Toronto Street Railwuy Company for the said railways and the said real and personal property. '( ' 3. And whereas the Corporation proceeded with the said arbitration, and an Award was duly made therein on the 13th day of April, A.D. 1891, whereby the said value was determined to be the sum of ?fl,453,788. Inclusive of certain outstanding debentures charged upon the said undertaking to the amount of $600,000. i,i^ 1/ if" 4. And whereas the Corporation paid Into the High Court of Justice, Chancery Dlvlclpn, the amount of the said award, and acquired the said railways and property, and Is now In possession and full enjoyment thereof. 5. And whereas the said Corporation resolved to sell the said railways and all the property so acquired by the City from the Toronto Street Rail- way Company, and also to dispose of the right to operate surface street rail- ways In the City of Toronto, as hereinafter mentioned, as more fully appears from the said Award and from the Conditions, Tender and By-law which are annexed to this agreement, and made part and parcel thereof. 6. And whereas the Corporation advertised for tenders for the purchase of the said railways, property and privilege, and the Purchasers (Kiely, Mc- Kenzle and Everett) tendered therefor, and their said tender was duly ac- cepted by the said Corporation. 7. And whereas a By-law authorizing the execution of an agreement between the Corporation and said Purchasers was duly passed by the said Corporation on the 27th of July, A.D. 1891, In pursuance whereof this agree- ment has been duly prepared and approved. 8. And whereas the said Purchasers have associated with them the said Chauncey C. Woodworth as a partner in the said undertaking. 9. And whereas the value of the horses, cars, harness, stock and other moveable property and effects referred to in the fifth paragraph of the said conditions, and payable in cash, has been settled for the purpose of this agreement at the sum of $475,000, and It has be>)n agreed by and between the salci parties that a first Hen or charge shall be created by these presents upon all the property which Is the subject of this agreement, and shall be held by the corporation thereon for the balance (namely, for the Tsum of 1378,788 and interest) of the anyount of the said Award, subject only to the charge created tty the said debentures to the extent of |6O0,00O with interest.' 10. Nov.' THIS Indenture ■witnesseth that the said Corporation, In consideration of the said sum of $475,000, now paid by the Purchasers to the Corporation (the receipt whereof is hereby acknowledged), and of the pre- mises, doth by these presents, in pursuance of all the powers In that behalf enabling it so to do, sell, grant and assign to the Purchasers, their heirs, executors, administrators and assigns, all the said railways and property acquired by the Corporation from the Toronto Street Railway Company as aforesaid, under and in pursuance of the said Arbitration and Award, and also all the extensions, additions and renewals to the Said railways and property, real and personal, made by the Corporation during its ownership of the rail- way, subject to the said outstanding debentures and to the said charge above referred to, and to all the conditions herein mentioned, to have and to hold ■f. i i \ ;f'¥ to the Purchaacra, their heirs, executors, admlnlstratora and assigns, to their sole and only use, subject as aforesaid. 11. And this Indenture further wltnesseth that the Corporation, for the considerations aforesaid, doth by these presents. In pursuance of all the powers In that behalf enabling It so to do, grant u^ild the %ald Purchasers, their heirs, executors, administrators and assigns for a period of twenty years from the date of these presents (which period shall be renewed for a further term of ten years and no longer, in the event of legislation being ob- tained to enable this to be done, the said Corporation hereby undertaking at once, on request being made by the said purchasers, to aid in procuring the ueeded legislation to authorize such renewal for such further period of ten years) the exclusive right for the said period of twenty years and the said extended period of ten years, in the event of the said needed legislation being obtained, and no longer, upon the aforesaid conditions to operate surface street railways In the City of Toronto, excepting on the Island and on that portion (if any) of Yonge Street, from Ontario and Quebec Railway tracks to the north City limits, over which the Metropolitan Street Railway Company claims an exclusive right to operate such railways, and the portion (If any) of Queen Street West (Lake Shore Road) over which any exclusive right to operate surface street railways may have been granted by the Cor- poration of "he Coutfty of York, and also the exclusive right for the same term to operate surface street railways over the said portions of Yonge Street and Queen Street West (Lake Shore Road) above indicated, so far as the said Corporation can legally grant the same; but this clause and nothing con- tained In this agreement shall give, or be construed to mean or give fo the Purchasers, the power to engage in any other business than that of operat- ing surface street railways, as herein permitted. 12. And It Is mutually understood, declared and agreed by and between the Corporation and its successors and the Purchasers, their heirs, executors, administrators and assigns, that the said Award, Conditions, Tender and By-law so attached hereto as aforesaid are Incorporated with these presents and made part and parcel thereof, and the said parties mutually and respec- tively covenant, promise and agree with each other t*- carry into effect, observe, perform and fulfil an the provisions and stipulations therein con- tained and to be carried Into effect, observed, performed and fulfilled by the said parties and their aforesaids respectively. 13. And the said Purchasers for themselves and each of them for himself and for their and each of their heirs, executors, administrators and assigns, covenant, promise and agree with the corporation, tGelr successors and assigns, as follows: That they will fulfil all the conditions, stipulations and undertak- ings in this agreement contained, it being understood that the reference to particular matters to be performed by the Purchasers shall not diminish or limit the obligation^ pf this agreement. 14. Thn Hiiid Puicli.isoi'H and their iiforusiiidH covcnimt as ivforesiud with the said Corporation that they will pay to the said Corporation the said sum of 1378,788, being the balance of the said award, In four equal quarterly pay- ments on the first days of December, March, June and September rlext, or tho fust juridical ihiy tiioroiifter re.spoctively, with ititoroHt iit tho rut*; (if five per cent, per annum from the date of this agreement on the amount thereof then remaining unpaid. 15. And that they will yearly and every year during the term covered by this agreement pay to the Corporation, through its City Treasurer, the sum of ?800 per annum per mile of single track, or ^1,600 per mile of double track, occupied by the rails of the said railway, within the said limits (not including turnouts, the length of which are to be approved of by the City Engineer), in four equal quarterly Instalments, on the first days of January, April, July and October in each year, or on *''" flrst jur';.ical day thereafter respectively, the first instalment to be the proportio^dte part of the quarterly instalment accruing from the date of these presents to the first day of October next. -*^. • » I « 16. And that t'uey will monthly and every month during the term covered by this agreement on the first Monday of each month pay to the Corporation through its City Treasurer, the percentages in the said Condi- tions and Tender referred to, being the following percentages of the gross receipts from passenger fares, freight, express and mall rates, and all other sources of revenue derived from the traffic obtained by the operation of the said railways, namely: On all gross receipts up to ?! ,000,000 per annum, 8 per cent. Between ,^1,000,000 and 1,500,000 " 10 " 1,500,000 " 2,000,000 " 12 " 2,000,000 " . 3,000,000 " IB And on all gross receipts over 3,000,000 " 20 " 17. And It is further understood, declared and agreed between the. parties to these presents that should the Corporation within a reasonable time eliminate from Clause 31 of the said Conditions the provision requiring a class of tickets to be sold at the rate of eight tickets for twenty-five cents for use during certain specified hours of the day, then and In that event the said Purchasers, for themselves, their executors, administrators and assigns covenant, promise and agree with the Corporation and their successors thai they will, In accordance with their said tender In that behalf, pay to the Corporation and Its successors during the unexpired period of the said term covered by this agreement two (2) per cent, of the said gross receipts in addition to the percentages hereinbefore mentioned, such additional per- centage to be payable monthly as aforesaid. 18. The Purchasers, in addition to the other considerations payable to the Corporation for the said railways and property, shall pay to the Corporation the following items, viz.: • I \ « * I I (1) The actual coat to the Corporation of the extensions and additions to the tracks made by the Corporation since the acquisition thereof. (2) The actual cost to the Corporation of additions to plant and materials for the use of said railway handed over to the Purchasers. (3) The actual cost to the Corporation of the new horses purch sed since the railway has been acquired. • (4) One half of the actual cost to the Corporation of the painting, reno- vating and other repairing done to the cars, plant and appliance's of the rail- way since the acquisition thereot from the said Street Railway Company. 19. The Purchasers covenant that they will well and truly pay to the holders of said hereinbefore mentioned debentures as they mature the said sum of ?600.000 thereby secured and Interest thereon from the date of these presents, and will Indemnify and save harmless the Corporation from all claims and demands In respect thereof. 20. That they will build and equip, or cause to be bnllt and equipped, a car factory within the limits of the City of Toronto for the manufacture and repair of all the cars and railway plant used on the said railways, and will there continuously carry on, or cause to be carried on, such business and the manufacture and repair of all the said cars and railway plant during the term covered by this agreement, and that the performance of this clause may be specifically enforced by the order and Injunction of the High Court of Justice. 21. And It Is hereby agreed that all the said railway property liable to be assessed for school purposes shall be assessed for Public School purposes, and that the rates levied In respect thereof shall be payable to the Public School funds of the City of Toronto. I t * 22. And It Is further understood, declared and agreed between the said parties to these presents that the delivery over and acceptance of the said property shall not Interfere with the rights of the parties under Clause 3 of the said Conditions, but that nothwlthstandlng this Act the Judge of the County Court of the County of York shall settle any difference that may arise between the parties in respect thereof, and the sum so settled by him shall be forthwith paid by the party liable to the party to whom the same is found due. 23. And It Is further understood, declared and agreed by and between tha said Corporation and the said Purchasers that if the said Purchasers form a Joint Stock Company for the purpose of carrying this agreement into effect, then upon payment of the said sum of $378,788 and interest as aforesaid the said Company shall, upon executing the necessary contract of substitution, « be Bubstituted for the said Purchasert, and the said Clauae 23 of the said Conditions shall apply to such Company so to be formed as aforesaid, and shall cease to apply to the individual Purchasers, who shall thenceforward be discharged from all individual liability in the premises. 24. And it is further declared, covenanted and agreed by and between the parties to these presents that all the property the subject of this agreement Is hereby charged with payment of all the moneys to be paid under this agreement as the purchase money of the said property. 26. And it is further covenanted and agreed by and between the parties to these presents that the payment of the said gross percentages monthly, and mileage quarterly, and the fulfilment of the obligations of the said Con- ditions shall be a lien and charge on the said railways and ,the property used in the working thereof, both before and after the incorporation of the said Company, intended to be substituted as aforesaid in the place of the said Purchasers; but this provision shall not interfere with the rights of such Purchasers or of the said company, after the payment of the purchase moneys as aforesaid, to sell and dispose of any property which is not required for the operation of the said railways. All the property, however, which replaces that which may be sold or disposed of is to be charged under this clause as the original property is now hereby charged, and all after acquired property is to be in the same manner charged for the fulfilment of the said obligation. 26. And it is further understood, covenanted and agreed by ^nd between the parties to these presents that a sufficient supply of each of the classes of tickets mentioned in the said Conditions shall at all times be kept lor sale and sold to all persons desirous of purchasing the same on all cars wL*le running through the streets of the City, and also at the public offices of the Purchasers. 27. And it Is further understood, declared aud agreed by and between the s'Sid parties that in fixing the allowance to be made for horses which have been sold by the Corporation, and therefore not forthcoming under the provision in Clause 3 of the said Conditions, the Corporation shall only be liable to account for and pay the price realized on such sales. 28. And it is further understood, declared and agreed by and bets^een the said parties that the system of accounts and bookkeeping 'to be adopted by the Puj-chasers shall be subject to the approval of the City Treasurer and the Auditors appointed by the City. 29. And it is further covenanted and agreed between the parties to these presents that all conveyances, assurances and instruments necessary to carry out fully these presents shall from time to time be executed by the parties hereto, the same to be settled by James S. Cartwright, Q.C., Registrar of thq .ueen's Bench Division of the High Court of Justice, in case the parties differ about the same. 30. All outstanding car fare tickets Issued by the Corporation or By the Torou'.o Street Railway Company prior to the date hereof shall be accepted as fares by the Purchasers when presented by passengers on the conveyances of the said railway subsequent to the date hereof, and the Corporation agrees that upon such tickets being returned to it from tiriie to time, it will pay '^i the Purchasers the same prices therefor for wh*oh such tickets were issued by the Corporation and the said Toronto Slrdet Railway Company respec- tively. In witness whereof the said Corporation has hereto affixed Its Corporate Seal under the hand of Edward Frederick Clark, Esquire, Mayor of the said w City, and Richard Theodore Coady, Esquire, City Treasurer and Keeper of the said Seal, and the said Purchasers have set their respective hands and seals. Signed, nealed nnd delivered in the presence of Thomas Caswell. Qeoroe Kappele- ClLY Seal. E. F. Clarke, Mayur. R. T. CoADY, Treasurer. , O. W. KlELV, V Wm. M(!Kenyie, by his Attorney, Ni3ol Kingsmill. H. A. Everett. C. C. WOODWORTH. [L.S.] .'■■* 8 ' THE AWARD, CONDITIONS, TENDER AND BY-LAW. RkFKIIKKI) to in TIIK AtlHEKMHNT IIKllETl) ATrACHKI), HATEIi TIIK KlIlMT DaY OF HKITKMIIKU, A.I). IHIH, IIKTWKI-.N TIIK CoiU'ORATION OK TIIK ClTY OK ToKONTO A.M> (iKoKiiK Wa.siii.nuton Kiki.v, Wii.i.i.vm McKknzik, IIknky Axakiau EVKUKTI' A.NK ('HAI'.NCKV CI.AUK WoODWoKTII. t CONDITIONS OF SALE OF THE STRE.3T RAILWAY FRANCHISE OP THE CITY OF TORONTO. AS ADOPTED UY THE CITY COUNCIL, MAY 5tii. 1891. 1. The privilege) to be disposed of is the exclusive right (subject as here- inafter provided) to operate surface street railways in the City of Toronto— excepting on " the Island " and on that portion (if any) of Yonge Street, from the Ontario and Quebec railway tracks to the north City limits, over which the Iletropolitan Street Railway Company claims an exclusive right to oper- ate such railways, and the portion (if any) of Queen Street West (l.iake Shore Road) over which any exclusive right to operate surface street railways may have been granted by the Corporation of the County of York — for a period of twenty years, which shall be renewed for ^ further period of ten years in the event of legislation being obtained to enable this to be done; and the City will assist in endeavoring to secure such legislation. (ti) Over those portions of Yonge Street and Queen Street West (Lake Shore Road) above indicated, the purchaser shal have an exclusive right to operate surface street railways, so far as the City can legally grant the same. 2. The party whose tender la accepted (and who Is herein called " the purchaser ") must take over all the property to be acquired by the City from the Toronto Street Railway Company, as it stands on the date of the accept- ance of the tender, including the rails, points and substructures of all tracks now laid, real estate, buildings, shops, rolling stock, horses, machinery, stock and all other articles' covered by the award of the Board of Arbitrators, at the amount of said award. 3. Particulars of the said property are set forth In the Schedule attached to the award of the said Board of Arbitrators; but the City will only under- take as to the tracks actually constructed and the real estate, buildings and shops that all the articles mentioned in said Schedule will be forthcoming. («) The City will convey and deliver to the purchaser and the purchasi shall take over and pay for all the property and effects (whether mentioned in said Schedule or otherwise) which the City acquires from the Toronto Street Railway Company under the said award, and if anything mentioned in said Schedule is not forthcoming, or if anything is acquired by the City, as aforesaid, which is not specified In said Schedule, the purchase money to be paid as herein provided shall be subject to such increase or abatement as fh <> may be agreed upon between the City and the purchaser, or (m cuHe they fail to agree within ten days after acceptance of tender) oa shall bo flxed by the Jud^e of the County Court ot the County of York, who Is hereby ap- pointed sole arbitrator for that purpose, with all the powers of arbitrators appointed under the sections of the Municipal Act relating to the appoint- ment of arbitrators. 4. The purchaser must accept the title to the above properties which tha (Mty acquires or will acquire by virtue of the award of the arbitrators, and must search the same at his own expense, and the City Is not to be bound to produce or show any documents or evidences of title except such as are In Its poBHosslon or power. ■ , , Fi. The sum tendered for the above properties,* except horses, cars, har- ness, stock and other moveable properties and effQCts (which are to bo paid fur ill (;iih1i ivt tlio tiiiii- tlm roiitnict is i-iiturod iiitu) iimy oitiior \w piiiil in rush nr Hficiired to the Batlsfactlon of the City Treasurer, and paid In four equal quarterly payments, counting from the date of contract, and bearing InteroHt at the rate of Ave per cent, per annum from May 16th, 1891, till paid. N.B. — There is outstanding !f>600,000 debentures issued under the authority of the Act 47 Vict. (Ont.) cap. 77, bearing interest at six per cent, per annum, payable half-yearly, and forming a charge upon the undertaking as In said Act Is provided. These debentures do no mature until 1914. The purchaser takes the property subject to this charge, and also to certain existing mort- gages amounting to about $40,000, and assumes payment of these with the interest accruing thereon from the date of purchase. G. The purchaser shall not charge the undertaking with bonds or deben- tures for a longer period than the term of this contract, and must satisfy the City Treasurer that means are provided for meeting such obligations at maturity. "■•..' ■ ^ 7. At the termination of this contract the City may (in the event of the Council so determining) take over all the real and personal property neces- sary to be used in connection with the working of the said railways, at a value to be determined by one or more arbitrators (not exceeding three) to be appointed as provided in the Municipal Act and the Acts respecting Arbi- trations and References, and to have all the powers of arbitrators appointed under said Acts, and each party shall bear one -half of the cost of the neces- sary arbitration at conclusion of term of lease, but the City shall only pay for the land conveyed by them to the purchaser, what It is worth, without reference to Its value for the purpose of operating a street railway or railways. 8. The City will construct, reconstruct and maintain In repair the street railway portion of the roadways, viz., for double, track, 13 ft. 6 In., and for '; / r" '" ■^', -it^: 10 single track, 8 ft. 3 In., on all streets traversed by the railway system, but not the tracks and substructure required for the said railways, 9. The purch;.ser shall pay to the City Treasurer the sum of eight hun- dred dollars per annum per mile of single track (not including turn-outs), such sum or sums to be paid in four quarterly instalments as follows: January 1st, April Ist, July 1st and October 1st of each year, or on the first juridical day after each of the said days respectively, and shall aiso pay the City Treasurer monthly on the first Monday in each month per cent, of the gross receipts from passenger fares, freight, express and mail rates and all other sources of revenue derived from traffic obtained by operation of said street railway system. All books, accounts and vouchers kept by the purchaser shall be subject, to monthly audit by auditors, to be appointed by the City Council, and all reasonable facilities for such audit shall be afiorded by the purchaser. Tracks, etc., and Roadways. . ,.. 10. The purchaser shall maintain the ties, stringers, rails, turn-outs, curves, etc., in a state of thorough efficiency and. to the satisfaction of the City Engineer, and shall remove, renew or replace the same, as circum- stances may require, and as the City Engineer may direct. When a street upon which trncks are now laid is to be paved in a permanent manner, on concrete or otiier like foundation, then the purchaser shall remove present tracks and jtures and replace the same, according to the best modern practice, by improved rails, points and substructures of such description as may be determined upon by the City Engineer as most suitable for the pur- vJvse, and for the comfortable and safe use of the highway by those using vehicles thereon; and all changes in the present rails, tracks and roadbed, construction of new lines or additions to present ones, shall be done under \\% supervision of the City Engineer and to his satisfaction. (, ) In the event of the purchaser desiring to make any repairs or altera- tions to the ties, stringers, rails, turn-outs, curves, etc., on paved streets, the purchaser will re-pave the portion of the roadway so torn up at his own expense. 11. When the purchaser desires or is required to change any existing tracks and substructures for the purpose of operating by electric or other motive power approved bv the City Engineer and confiniiod l)y the City Council, the City will lay down a permanent pavement in conjunction therewith upon the track allowance (as herein defined) to be occupied by such new tracks and substructures. This shall first apply only to existing main lines, and there- after to branch lines or extensions of main lines and branches, as and when the City Engineer may from time to time recommend and the City Council may direct and require; but such tracks as are now laid on a permanently formed roadway must, when so required as aforesaid, be changed by the purchaser as hereinbefore provided, without any change of roadbed being made or any expense occasioned to the City thereby. / 11 but un- ts), ws: Irst the of and of the by ded uts, the iim- reet on sent lern 1 as 3ur- 3ing bed, ider era- the 3wn ting ;her icil, the. and 8re- hen acil itly the ling /;v 12. The gauge of the system (4 ft. 11 in.) is to be maintained on main lines and extensions thereof, and branch lines and extensions thereof; and *ihe location of the railway on any street shall not be made by the purchaser or confirmed by the City Council until plans thereof, showing the proposed position of the rails, the styles of rail to be used, and the other works in each such street, have been submitted to, and approved in writing by, the City Engineer. 13. The tracks shall conform to the grades of the streets upon which they are respectively laid, and the purchaser shall not in any way change or alter the same without the written permission of the City Engineer. 14. The purchaser will be required to establish and lay down new lines, and to extend the tracks and street car service on such streets as may be, from time to time, recommended by the City Engineer and approved by the City Council, within such period as may be fixed by By-law to be passed by a vote of two-thirds of all the members of said Council; and all such extensions and new lines shall be regulated by the same terms and condi- tions as relate to the existing system, and the right to operate the s me shall terminate at the expiration of the term of this contract. 15. No new lines or extensions of existing lines shall be opened for ' traffic until the purchaser has obtained a certificate in writing from the City Engineer that the same have been constructed to his satisfaction. 16. The purchaser shall not extend any lines of the said railways beyond the limits of the City, or iicciuire, own, control or oper.-.te a line or linos connecting or in conjunction with or adjoining a City line or lines forming practically prolongations thereof, without first having had the plans of the same [as to position, elevation and gradients on the highway or crossings of highways, or until an agreement has been entered into whereby such sub- urban line or lines will be altered (at purchaser's expense) to conform to the grades established by the City when the streets or routes become City property or within its limits], approved, in writing, by the City Engineer and confirmed by the City Council. 17. In case the purchaser fails to establish and lay down any new line, as aforesaid, and to open the same for traffic, or to extend the tracks and services on any street or streets within such period as may be fixed by By- laws of the City Council, to he passed as herein provided, the privilege of laying down such new lines or extensions on the street or portion of street so abandoned by the purchaser, may be grant d by the said Council to any other person or company, and the purchaser shall in such case have no claim against the City for compensation. 18. The City shall have the right to take up and replace the streets traversed by the railway lines for the nurpose of altering the grades thereof. \ 12 constructing or repairing pavements, sewers, drains or conduits, or for lay- ing down or repairing water or gas pipes, or for ail other T)urpoffes within the powers of the Corporation, without being liable foT any compensation or (laiiUjie that nmy l)e oeciisioned to the working of the railway or the worlts connected therewith. t. u 19. The privilege Lereby granted is also subject to any existing rights (Statutory or otherwise) of any other corporation which now has power to open or take up the streets of the City, such rights to be exercised with the permission and under the direction of the City Engineer. 20. The purchaser shall, within one year from the 16th day of May, 1891, discontinue the use of the buildings as stables on ScoUard Street, and also the buildings on Yorkville Aven"e. 21. The track allowances (as hereinafter.'specified), whether for a single or double line, shall be kept free from snow and ice at the expense of the purchaser, so that the cars may be used continuously; but the purchaser shall not sprinkle salt or Mher material on said track allowances »or the purpose of melting snow or ice thereon without the written permission of the City Engineer, and such permission shall in no case be given on lines where horse power is used. / 22. If the fall of snow is less than six inches at any one time, the pur- chaser, must remove the same from the tracks and spaces hereinafter de- flned, and shall, if the City Engineer so directs, evenly spread the snow on the adjoining portions of the roadway; but should the quantity of snow or ice, etc., at any time exceed six inches in depth, the whole space occupied as track allowances (viz., for double tracks, sixteen feet six inches, and for single tracks, eight feet three inches), shall, if the City Engineer so directs, be at once cleared of snov and ice, and the said material removed and de- posited at such point or points on or off the street as may be ordered by the City Engineer. ..J 23. If the purchaser becomes bankrupt or insolvent, or makes any as- signment for the benefit of creditors, or becomes subject to the operation of any Windlnr up Act, or allows an execution against his goods or lands to remain in the hands of the Sheriff of Toronto unsatisfied fov more than ninety days, then and in any such ca.se all tlio rails, strinjjers, ties, turn-outs, points, sidings, etc., shall become the property of the City without compen- sation to the purchaser. 24. Electric or other new system of motor, or a combined system, ap- , proved by the City Engineer and confirmed by the City Council as suitable, shall be introduced within one year, and used upon such portions of the foliowii % streets as may be required by the City Engineer and approved of by the Council within three years of the date of contract, viz.: Queen Street, % h- i.;S..£««T o 13 / from the eastern City limit to High Park (or as near thereto as the City may then have power to grant a right to operate a line on said street); King Street, from Its intersection at Queen Street and River Don to intersection with Queen Street at Roncesvalles Avenue; Front Street, from Slmcoe Street to Frederick Street; Yonge Street from Front Street to Ontario and Quebec Railway tracks; Frederick and George Streets, from Front to King Street; Sherbourne Street, from King Street to North Drive; Elm Ave., from Sherbounie "street easterly to Glen Road; Spadlna Avenue, from King Street to Bloor Street; Parliament Street, from Queen Street to Carlton Street; Gerrard Street, from Greenwoods Avenue to Parliament Street; Carlton Street, from Parliament Street to Yonge Street; College Street from Yonge Street to Jameson Avenue, at intersection of Dundas Street; Dundas Street, from Queen Street to the bridge; Bloor Street, from Sherbourne Street to Ron- cesvalles Avenue; York Street, from Front Street to Queen Street; McCaul Street, from Queen Street to College Street; Bathurst Street, from King Street to the Canadian Pacific Railway tracks; and Broadview Avenue, from Queen Street to Danforth Avenue. -^ :"'"" \ 25. Until ^uch changes are carried out Ir such a manner as will permit its disuse, horse power may be- continued on branch and other lines, or parts of Hanie, under 'vritten permit from the City Engineer, who shall huve the right to order extra horse power to be employed on steep grades. V % f* '- J 26. The speed and service necessary on each main line, part of same or branch, is to be determined by the City Engineer and approved by the Cit^ Council. Day Cabs. 27. Day cars are to commence running on all routes not later than 5.30 a.m., and to run until 12 o'clock midnight, at such intervals as the City Engineer, with the approval of the City Council, may from time to time determine. Night Cars. 28. Night cars shall be rup on such routes and at such hours and in- tervals as m».y be deemed necessary by the City Engineer and approved by the City Council. Tickets and Fares. 29. Single (cash) fares are to be five cents each. 30. Fares on night cars are to be double the ordinary maximum single fare rates. 31. A class of tickets must be sold at the rate of 8 for 25 cents, the same to tie used only by passengers entering the cars between the time the day cars commence running and 8 a.m., and between 5 and 6.30 p.m. :._ ¥ '^ - . ^.w '^\ 14 A class of tickets must be sold at the rate of 25 for |1, and Another class at the rate of 6 for 25 cents. 32. Children under nine years of age. and not in arms, are to be carried at half fare rates, and infants in arms are to be carried free ; school children are to have school tickets at the rate of 10 for 25 cents, only to be used between 8 a.m. and 5 p.m., and not on Saturdays. 33. The payment of a fare shall entitle the passenger to a continuous ride from any point on said railway to any other point on a main line or branch of said railway within the City limits; and to enable this service to be carried out, transfer arrangements must be made by the purchaser to meet with the approval of the City Engineer and the endorsation of the Council. 34. Police Constables in uniform. Detective Police Officers in the em- ploy of the City, and (while a Are is in progress) members of the City Fire Department in uniform, shall be carried free. 35. The purchaser shall be liable to, and shall indemnify the City against all damages arising out of the construction or operation of the said railway system. Cars. 36. Cars are to be of the most approved design for service and' comfort including heating, lighting, signal appliance, numbers and route boards. They must be kept clean inside and out, and shall not exhibit advertisements outside unless under permit from the City Engineer. The platforms must be provided with gates. Cars are to be used exclusively for tho conveyance of passengers, unless otherwise permitted by the City Elngineer, and smoking will only be alluwed on the front platform of closed cars, and rear seat and platform of open cars. w Conductors. 37. Each car is to be in charge of a uniformed conductor, who shall clearly announce the names of cross streets as the cars reach them. Coa- • luctors shiill 1 o.. permit buiies or children to enter or leave the cars while the cars are in motion, and shall only receive and discharge passengers on right or curb side of vehicle on double track routes. On branch or light subui an lines, whers horse po^er is permitted, single horse cars may be run in charge of a uniformed driver. V 38. Cars are not to be overcrowded (a comfortable number of passengers for each class of cars to be determined by the City Engineer, and approved by the City Council). ' \ .A 15 w Stopi'ino of Cars. 39. Cars shall only be stopped clear of cross streets, and midway be- tween streets where distance exceeds 600 feet. Cars to have right of way and vehicles or persons n6t to obstruct or delay their operation. %' K SuNDAT Cabs. 40. No cars shall be run on the Lord's Day until a Sunday service has been r.pproved of by the citizens by a vote taken on the question. WORKMBN. 41. No employee shall be compelled to work in the service of the railway for a longer period than 10 hour** per day, or than 60 hours per week, or on more than 6 days per week, and no adult employe in the serv-^a of the rail- way shall be paid less than 15 cents per hour. 42. Nothing herein contained shall be taken as conferring upon the pur- chaser any right to construct or operate underground, overhead or elevated railways in the City of Toronto, or a surface railway on the Island, and the right to construct or operate, or to authorize the construction or operation of such railways in the said City, or in any part thereof, is hereby expressly reserved. 43. In case of any dispute or difference of opinion arising during the term of this contract between the purchaser and the City as to the meaning or construction of this specification, or of the contract to be prepared as herein provided, the same shall be determined on summary application after two clear days' notice to the other party by the person who, for 'he time being, fills the office of Judge of the County Court of the County of York, who may, as arbitrator, determine the same with the powers, as to costs and otherwise, of arbitrators under the Municipal Act, with right to appeal to the High Court of Justice for Ontario, whose decision shall be final. ,. 44. The purchaser shall furnish to the City Engineer annually (on the first of January) a statement of tracks, cars and all plant and appliances pn hand on that date, together with the value of the same. Penalty. ■ 'f, 4 45. A deposit .in cash, marked cheque payable to the order of the City Treasurer, or other security, to the value of thirty thousand dollars ($30,000), and to the satisfaction of the City Treasurer, is to accompany each tender as a guarantee returnable by City if offer not accepted. • In the case of the successful bidder, the amoun': of the deposit will be retained until a 1 ; 16 formal contract, with bonds, etc., in the usual form of City contracts, and to be approved by the City Solicitor, has been duly entered into, and will be forfeited to the City if the party fails to completely execute the contract within thirty days after notification to enter into same. 46. In case of neglect or failure on the part of the purchaser to perform any of the conditions of th6 contract to be entered into in accordance with the above specification, the purchaser shall in each such case of failure for- feit and pay to the City the sum of $10,000 as liquidated damages and not as a. penalty. 47. The purchaser shall provide a waiting room near the corner of Front and York Streets (Union Station), suitable for the convenience of passengers taking the cars at this point. N.H. — Persons who submit tenders on the foregoing specification may also submit offers or tenders on their own terms, and in such an event one deposit shall sufllce. Persons may also submit offers or tenders on their own terms. g City Engineer's Office, Toronto, May 6th, 1891. ^ AWARD OF THE ARBITRATORS RE THE TORONTO STREET RAILWAY. To whom all these presents shall come: We, Edmund John Senkler, of the City of St. Catharines, in the County of Lincoln, and Province of Ontario, Judge of the County Court of the County of Lincoln, and Charles Henry Ritchie, of the City of Toronto, in the County of York, and Province of Ontario, one of Her Majesty's counsel, learned in the law, send greeting: Whereas the Corporation of the City of Toronto, by notice in writing bearing date the twenty-third day of November, A.D. 1889, and under the corporate seal of the said the Corporation of the City of Toronto, and the hand of Edward Frederick Clarke, Esquire, M.PP., Mayor of the said City, and Richard Theodore Coady, Esquire, Treasurer of the (=aid the Corporation of the City of Toronto, and keeper of the City seal, addressed to the Toronto Street Railway Company, and served , upon the said the Toronto Street Jlail way Company upon the said twenty-third day of November, A.D. 1889, did require the said the Toronto Street Railway Company to take notice that the Corporation of the City of Toronto Intended, at the expiration of the ferm of the franchise granted to Alexander Baston, Esquire, by certain resolutions adopted by the Municipal Council of the said Corporation on the fourteenth :^:- '« '•SI I '. "■■;' e ,' day of March, 1861, and by a certain agreement made on the twenty -sixth day of March, 18G1, between the Corporation of the City of Toronto, and Alexander Easton, and by a certain By-law of the said Corporation passed on the twenty-second day of July, 1861, and numbered 353 (and which fran- chise the said Company then claimed the right to exercise), and also of certain other franchises subsequently granted by the said Municipal Council at different times for the said term to the Toronto Street Railway Company, to assume the ownership of the railways of the said Company, and of all real and personal property in connection with the working thereof, on pay- ment of their value to be determined by arbitration. And whereas by an order made in the High Court of Justice, Chancery Division, by the Honorable the Chancellor of Ontario, on Wednesday, the eighteenth day of June, A.D. 1890, in the matter of an arbitration between the Corporation of the City of Toronto and the Toronto Street Railway Company, and in the mutter of the Acts of the Legislature of the Province of Ontario, 52 Victoria, Chapter 13,' and 53 Victoria, Chapter 105, upon motion that day made unto the said Court by Mr. Robinson, Q.C., of counsel for the Corporation of the City of Toronto, and upon reading the aflSdavit of C. R. W. Biggar, Q.C., a certain notice served by the said City of Toronto on the said Toronto Street Railway 'Company on the twenty-third day of Novem- ber, 1889 (being the notice hereinbefore recited), the affidavit of Patrick Joseph McCormack, being the affidavit of service 'of such notice, and upon reading the notice of motion therein, and a certain agreement made between one Alexander Easton and the said the Corporation of the City of Toronto, on the twenty-sixth day of March, A.D. 1861 (being the agreement mentioned and referred to in said notice), and upon hearing counsel, the Honorable the Chancellor of Ontario did, pursuant to the statute firstly above named by the said order, appoint Edmund John Senkler, of the City of St. Catharines, Judge of the County Court of the County of Lincoln, Samuel Barker, E:squire, apd Charles Henry Ritchie, one of Her Majesty's counsel learned in the law, the arbitrators to ascertain the value to be determined by arbitra- tion under the said agreement. And whereas the said arbitrators duly took upon themselves the burthen of the said reference and arbitration, and duly weighed and considered the several allegations made by and on behalf of the said the Corporation of the City of Toronto and the said the Toronto Street Railway Company, the parties thereto and also the proofs, voufchers ^and documents which have been given in evidence before them. % 1. i Now, therefore, we the said Edmund John Senkler, and Charles Henry Ritchie, being two of the above-named arbitrators (Samuel Barker, the other of said arbibrators not joining in this award, although present at the making thereof), do hereby make and publish this our award of and con- cerning the matters so referred to us as atoresaid, in manner following, that is to say: y :l, jti! siii^'imii % «V;;i-. I^^,,^.,,- 18 We And, award, adjudge and determine the value of the railways of the Bald Toronto Street Railway Company, and of all real and personal property In connection with the working thereof, to be the sum of one million, four hundred and flfty-three thousand, seven hundred and eighty-eight dollars (^1,453,788). We further find, award, adjudge and determine that the said railways, and the said real and personal property so valued by us, consist of and in- clude all the railways, and all the real and personal property specified or mentioned in the schedule hereunto annexed, nd also all other railways helonguu to or workod or constructed by the '\ noiito Street Rfiihviiy Com- pany within the City of Toronto aforesaid, and all other real and personal property of the T 'onto Street Railway Company used or intended to be used in connection with their said railways or any of them, and that the above-mentioned sum so found by us is the value of all said railways, and of all said real and personal property free and clear and fully and completely exonerated and forever discharged of and from all mortgages, debentures, bonds, debts, liens, encumbrances, claims and demands whatsoever either at law or in equity, and of every nature and kind whatsoever. We are of opinion that upon the true construction of the agreement of the twenty-sixth March, 1861, between the Corporation of the City of Toronto and Alexander Easton, and the resolutions recited therein, the right and privilege to construct, maintain and operate street railways upon certain streets in the City of Toronto was granted to the said Easton for the period of thirty years from the date therein mentioned only, and not in perpetuity, and that all street railways constructed In the City of Toronto by said Easton, or by the Toronto Street Railway Company, have been constructed and operated under privileges for the same term of thirty years and not in perpetuity, and in valuing said railways we have valued the same as being railways In use, capable of being, and Intended to be used and operated as street railways, but have not allowed anything for the value of any privi- lege or franchise extending beyond said period of thirty years, as we con- sider no privilege or franchise exists beyond that period. 1 I We are also of opinion that on the true construction of the agreement of the nineteenth January, 1889, between the Toronto Street Railway Company and the Corporation of the City of Toronto, the Company is not entitled to be paid for permanent pavements construe ced by the City subsequent to the thirty-first December, 1888, and we also think that Such pavements cannot be considered as having been constructed or paid for by the Company as to entitle it to any allowance therefor under the fifth section of chapter fifty- eight, fortieth Victoria (Statutes of Ontario), and we have therefore not allowed anything in respect thereof. In valuing the pavements constructed prior to the first January, 1889, we have not made any deduction in respect of used life of such last mentioned pavements subsequent to that date, as having regard to the terms of the said Agreement of the nineteenth January, 1889, we do not think any such deduction should be made. ■ J> , f ^ ! I:- 'I '.'- 19 It was shown In evidence before us that the p jperty valued by us Is (in whole or In part) subject to the following encumbran les, that Is to say: De- hontiires issued l>y tho Toronto Street Uiiilway Coiiipiiay under tlio autliority of tlio Act (Statutes of Ontario) forty-seventh Victoria, chapter seventy-seven, for the principal sum of six hundred thousand dollars, payable on the first July, 1914, and bearing interest at the rate of six per cent, per annum, payable half-yearly. Mortf{ii<>e ill favor of one Piatt for eij^ht thousand dollars (principal money), payable on the first July, 1892, with interest at the rate of ^Ix per cent, per annum. Mortgage in favor of one Crowther for one thousand seven hundred dol- lars (principal money) payable on the twenty-eighth of April, 1891, with interest at the rate of six per cent, per annum. Mortgage in favor of one Gooderham for twenty-six thousand dollars (principal money), payable on the first November, 1891, with interest at the rate of five per cent, per annum. Mortgage In favor of one Allen for two thousand five hundred dollars (principal money), payable on the twenty-second December, 1891, with in- terest at the rate of six per cent, per annum. And mortgage in favor of one Parsons for two thousand dollars (principal money), payable on the first day of November, 1891, with interest at the rate of six per cent, per annum. By'* sub-section two of section two of chapter one hundred and five, fifty-three Victoria (Statutes of Ontario), it is provided as uUows: I ;> : " 2. Nothing In this Act contained shall affect the rights of the holders of the debentures hereinbefore issued under the Act of this Legislature, 47 Victoria, chapter 77, but in the event of the Corporation of the City of To- ronto taking such possession, such debentures shall be and continue a first charge upon the said railway and pi-operty as declared by that Act, whether the same are retained by the Corporation of the City of Toronto, or are sold or leased by them to any other persons or Company, but this declaration sjiall not be held or taken to prejudice or aftect any claim which, f)n tlie part of the City of Toronto, may be contended for before the arbitrator or arbitrators as to the amount at which the liability created by the said deben- tures shall be estimated or valued in calculating the amount to be paid to the Company, by or under the award." And counsel for the City contended before lis that under the original Agree- ment, coupled with this section, it was our duty to ascertain and determine what amount should be deducted from the value of the property in respect of .' . 20 the difference between the rates of Interest borne by the said debentures and mortgages, and the rate at which the City could borrow money on Its own debentures, and adduced evidence to show that the City could, on its own cltihenturuM, borrow monoy iit n coimidiruljly lower riito th»n six per cent, per annum. Although we do not regard the matter as being free from doubt, we are Inclined to the opinion that the decision of this question doed not come pro- perly within the scope of the reference to us, and therefore we have not taken It into consideration, and our award is made without reference to It. ^'' A We have thought it proper, in respect of the main questions of principle Involved, to state on the face of the award the basis upon which we have proceeded in arriving at our valuation, so that If the conclusions of law we have drawn and upon what we have acted, are erroneous, either party may be in a position to seek such redress as the law may allow. In witness whereof we the said Edmund John Senkler and Charles Henry Ritchie (being a majority of the said arbitrators), have hereunto set our hands this fifteenth day of April, A.D. one thousand eight hundred and ninety-one. (Signed) E. J. Senkler. (Signed) C. H. Ritchie. . / Signed and publtshed the fifteenth day of April, A.D. 1891, by the said Ed- mund John Senkler and Charles Henry Ritchie (the above-mentioned Samuel Barker being present at the time although not joining in the award), in presence of , (Signed) J. F. Middleton. 2} A ^ Ik ^ 21 'i 0" SCHEDULE. Kvfenrd to in Aniiexvil Awdrd, eontalninu Hat 4,();«i 1,450 (i,82» .%504 8,0»6 14(1 252 8,5:12 12,7«4 2,144 ;{,H.S8 7,9;w 11.302 394 5,843 2,84« 6,370 152,595 1.20 28.90 4,243 15,932 20,175 3.82 T«» bo Con." Mtrufti'd. Single. Urbh fiiet. U50 2,900 3,300 4,980 11,750 2.22 feet. 4,300 2,2."«) 2,380 8,(t8U 4,700 i,950 25,762 4.88 SUMHABT. Single tracks in operation 1.20 miles. Double tracks reduced to single in operation 57.80 " Curves reduced to single in operation 1.36 " Cross-overs in operation 0.71 " 61.07 miles. Double tracks reduced to single, constructed but not operated ., 7.64 Double tracks to be constructed (reduced to single) 9.76 Single tracks to be constructed 2.22 Grand total 80.69 mile^. 24 Description of Track. Showing different kindu of ConstruvHon laid on Streets. Street. 30-lb. rail, 5" X 6" stringer 4" X 6" tie. 1 m-\h. rail, 5" X 8" stringer. 4"x6'' tie. 25-lb. rail. 5" A 6" stringer. 4" X 6" tie. 25-lb. rail. 5" X 8" stringer. 4"x6" tie. 22-11). rail. 5" X 6" .stringer. 4"x6" tie. Front feet. feet- 8,111 feet. 1,311 5, 199 32, .343 4,555 feet. feet. 212 Kinu I4,5i;{ 47,. •554 8,!»;« 21,521 Queen C()llci,'e l.'5,472 8,072 .... . . . . • Carlton Gerranl 704 2,1.57 750 VViiicheHter Bloor .•{1,864 13,652 Broadview Av Parliament 4,658 2,652 Sherbourne 10,190 Frederick 396 Georife 504 Church 7,351 7,32] 4,288 6,677 3,091 22,605 9,713A 9,030 Yonue 9,325 York McCaul . , . , Spadina Av Bathur.st loi" 526 12,883 Strachan A v 628 2,228 Dundas 7,305 5,692 2,648 Dovercon.'t <)1,554 r Feet . . . Single track- i Miles . . . 70,260 134,477 34,274 21,733 13.11 31.28 11.65 6.49 4.11 Note. — Gauge of tracks, 4 ft. 11 in.; devil's strip, 3 ft. \ .s and stringers are of pine. The ties are spaced 5 feet between centres, and are i in. x 6 In. X 7 feet long. Stringers are spiked to ties with 9 In. x i^ in. spikes, one through each tie, and placed on the outside of stringers only. Joint knees weigh 5 lbs. each, ana Intermediate 2 lbs. 1 oz. each. There are Sy^ miles of Iron rails, the balance are of steel. All curves, switches and diamond crossings are of cast Iron. f t A V * > 25 05 w g PS OQ a CO ^ 00 p ■►- £ E-' S . 2 S ^ O S" ^ « r; ■« ■Ji c rff - o w M m 4^ ■< ■»3 00 tf ^ ■- •s te J3 CftTS • ^ i* i^ (U o x; -c H ^i 1 'J g O S 00 2 o jy^ O »0 (M O iO . 1>.tH iO O CO ^ "^ "^ '^ "^ :S^-2 i J! c ^ ^ OtO o So c „: c8 Oca "io o 02 ISS ??S "* .2.^ C5 Q O O "HH « © 55 1."- o ^"8'W ■ -J. C5 ecc: 00 -^ C 5F S B be c fi -g &a S 2 ■X -* 00 n c; >5 -!• 'jD o CO e^ «s iH 0: 1-1 :«; lO N 6e "^rf ^j ■%* B £ ;=n: ■S-r- Has St! .5 8 ii 03 ^ cc ^ t? I ■^ n" t>- i^s ^'® 2 ^^ IJi A 5"^ 2 "i o o o q 1 I I- / 26 TENDERS OP KIELY, EVERETT AND McKBNZIE. No. 1. Annual Percentages of Gross Receipts. f \ 1. Up to $1,000,000, 7 1-10 per cent. , .^ ' . 1. 2. From ?l,00O,O0O to ?1,500,000, 8 1-10 per cent. , _ .j 3. From ?1,500,000 to $2,000,000, 9 1-10 per cent. 4. From ?2,000,000 to ?2,500,000, 101-10 per tout., and advancing 1 per cent, on each additional ?500,O00. 5. If the City guarantee bonds at ,4 per cent., 1 per cent, a year on the amount to be paid to the City for the guarantee. No. 2. • 6. If class of tickets 8 for 25 cents struck out, an additional 2 per cent, per annum on gross receipts to be added to each of said annual percentages. No. 3. ' 7. If paragraph 9 struck out, an annual payment of $136,000; if paragraph 9 and tickets 8 for 25 cents both struck out, an annual payment of $151,000. (Signed) (Signed) (Signed) G. W. KlELT. Wm. McKenzib. Henry A. Everett. Tender No. 1 Of George W. Kiely, of Toronto, 580 Jarvis Street; William McKenzie, of Toronto, 623 Sherbourne Street; and Henry A. Everett, of Cleveland, Ohio, Secretary of East Cleveland Railway Company (electric), for the privileges to be disposed of by the Corporation of the City of Toronto under the amended conditions for the privilege of operating surface street railways within the limits of the City of Toronto, as adopted by the City Council May 5th, 1891. We, the said George W. Kiely, William McKenzie and Henry A. Everett, called Purchasers under the said conditions, respectfully submit to the Cor- poration of the City of Toronto the following Tender, based upon the said conditions (a copy of which is hereto annexed). V f i r \\ 27 r 1. We offer to pay to the Corporation of the City of Toronto under Sec- tion 9, 7 1-10 per cent, per annum of the gross receipts in addition to the other money provided for in said section. 2. And we, the said Purchasers, further offer that should the said gross receipts described as aforesaid be in excess of $1,000,000, and not greater than ?1,500,000, then the Purchasers will pay on any excess over ?1,000,000, 8 1-10 per cent, per annum on said gross earnings to the said City of Toronto. 3. And we, the said Purchasers, further offer that should the said gross receipts be in excess of ?1,500,000 and not greater than ? 1,000,000, then the Purchasers will pay on any excess over $1,500,000, 9 1-10 per cent, per annum of said gross earnings to the said City of Toronto, and the further sum of one per cent, per annum upon each additional $500,000. 4. And we, the said Purchasers, further offer that if the City of Toronto shall procure the necessary legislation to guarantee debentures bearing four per cent, interest proposed to be issud by said Purchasers to an aniount not to exceed in the aggregate the sum of $2,000,000, the said sum or any part thereof to be used solely for the jiurpose of equipping the street railroad with the improvements contemplated by the said specifications, we, the said Pur- chasers, will pay to the City of Toronto, in addition to the sums hereinbefore enumerated, an additional sum of money equal in amount to one per cent, per annum on the amount of debentures issued by said Purchasers and guaranteed in the manner hereinbefore provided. This Tender is made upon the faith that an electric railway system will be approved and confirmed under Section 24 of the specifications, unless some new system shall in the meantime be devised for the operation of street railways which is not more expensive and is equally commercially successful with known electric system. , This tender is to apply to the Purchasers or to any company incorporated by them for the purpose of carrying out this Tender. Respectfully submitted. (Signed) G. W. Kielt. (Signed) Wm. McKenzib. (Signed) Henrt A. Everett. Dated at Tn^-ont- this 26th day of May, A.D. 1891. 1 28 Tender No. 2 Of George W. Kiely, of Toronto, 580 Jar vis Street; Wm. McKenzie, of To- ronto, 623 Sherbourne Street; and Henry A. Everett, of Cleveland, Ohio, Secretary of East Cleveland Railway Company (electric), for the privileges to be disposed of by the Corporation of the City of Toronto under the amended conditions for the privilege of operating surface street railways within the limits of the City of Toronto, as adopted by the City Council, May Bth 1891. ' V V>', /•• A. We, the said George W. Kiely, William McKenzie and Henry A. Everett (called Purchasers under the said conditions), respectfully submit to the Cor- poration of the City of Toronto the following alternative tender based upon the aforesaid specifications : 1 If They repeat all the allegations of their Tender No. 1, and make them a part hereof as fully as though they were herein written, but modified as follows, to wit : That If the City of Toronto will eliminate from clause 31 of the speci- fications the words, " A class of tickets must be sold at the rate of eight for twenty-five cents, the same to be used only by "passengers entering the cars between the time the day cars commence running and 8 a.m., and be- tween 5 and 6.30 p.m.," the said Purchasers offer to pay to the City of To- ronto two per cent, of the gross receipts in addition to the percentages that they have offered to pay under their Tender No. 1. Respectfully submitted. (Signed) G. W. Kielt. (Signed) Wm. McKbnzib. (Signed) Hbnhy A. Everett. Dated at Toronto this 26th day of May, A.D. 1891. I ! ■ ' Tender No. 3. i Of George W. Kiely, of Toronto, 580 Jarvis Street; William McKenzie, of Toronto, 623 Sherbourne Street; and Henry A. Everett, of Cleveland, Ohio, Secretary of the East Cleveland Railway Company (electric), for the privileges to be disposed of by the Corporation of the City of To- ronto under the amended conditions for the privilege of operating sur- face street railways within the limits of the City of Toronto, as adopted by the City Council, May 5th, 1891. i. %» ^ We, the said George W. Kiely, William McKenzie and Henry A. Ehrerett (called PurchaseiS under the said conditions), respectfully submit the fol- ,>^v v I: ■ ■-'•-. 29 i \%, /'■ A lowing alternative tender to the Corporation of the City of Toronto, based upon 'the said conditions (a copy of which is hereto annexed), subject to the following qualifications : We hereby make our Tender No. 1 a part hereof as fully as though herein written, except as to Section No. 9 of the speciUcations. and that portion of Section No. 31 nroviding for eight tickets for twenty-five cents. We offer, in lieu of Section No. 9 of the qualifications, to pay to the City of Toronto during the period covered by the purchase, the sum of ?136,000 per annum, payable in four equal quarterly payments. And we further offer that if the said portion of Section 31 providing for eight tickets for twenty-five cents shall also be eliminated, we will pay to the (^'ity of Toronto during the period covered by the purch.iso, the sum of ^151,000 per annum, payable In four equal quarterly payments, the said sum of $151,000 to be in lieu of Section No. 9 and that portion of Section No. 31 providing for eight tickets for twenty-five cents. Respectfully submitted. (Signed) G. W. Kielt. (Signed) Wm. McKenzie. (Signed) Henry A. Everett. Dated at Toronto this 26th day of May, 1891. AMENDED TENDER OF KIELY. EVERETT & McKBNZIE FOR THE TORONTO STREET RAILWAY. Toronto, June 26th, 1891. I. V ^ Alfred McDougnll, Esq., Chairman of the Street Railway Committee, City : Dear Sir, — At the meeting of the Street Railway Committee, on the even- ing of the 25th inst. our clients decided to withdraw all their tenders and to consider whether they would substitute a fresh tender in the direction of the claims made by the Mayor and some of the Aldermen that the percent- ages should increase at a higher progressional ratio. Our clients expected to have received their tenders and deposits this a.m., btit we are informed by the Clerk and Treasurer that a formal rcolu- tion of the Council is necessary. w ^:-\-r.: ;_ 1 30 We enclose an amended tender which our clients have, after considera- tion, decided to make, and we confirm the former tenders, amended by the enclosed tender, in the rate of gross percentages, and we confirm the deposit of ?30,000 as the deposit for security. V Yours respectfully, (Signed) Kingsmill, Symonds, Saunders & Torrance, BAItf, LiAIDLAW & Co. ,''*, Toronto, 25th June, 1891. To the. Corporiitiuii of the Citij off omnto and tv Alfrel McDuwjall, Esq., Chuiv- nian of the Street Eailu-aij Gummiltee : We, George W. Klely, William McKenzie and Henry A. Everett, offer to buy the privilege of operating surface street railways in the City of Toronto on the basis of the amended conditions and to pay the following rates of percentages of annual gross receipts, namely : (1) Up to $1,000,000 8 per cent. (2) From 1,000,000 to $1,500,000 10 (8) " 1,500,000 to ?2,000,00O 12 (4) " 2,000,000 to $3,000,000 15 All over $3,000,000 20 And we make this offer on condition that it shall be disposed of "without any unnecessary delay. Yours respectfully, (Signed) G. W. Kielt, r Wm. McKenzie, H. A. Everett. V ^ ra- the )sit CE, L. tir- » to ato of 31 BY-LAW AUTHORIZING EXECUTION OP AGREEMENT. •' I' No. 2920. A By-Law. To authorize a certain Aijreement between Messrs. Kiehj, Eoerett and McKenzie and the Gity of Toronto jor the lease of the Toronto Street Eaihvuy. [Passed July 27th, 1891.] Whereas the Corporation of the City of Toronto has acquired the owner- ship of the railways of the Toronto Street Railway Co., and all the real and personal property in connection with the working thereof, and has asked, by public advertisement, for tenders from persons willing to acquire the said railways and the ^jrivilege of operating surface street railways in the City of Toronto. And whereas George W. Klely, William McKenzie and Henry A. Everett have tendered for the acquisition of such railways, and the privilege of oper- ating surface street railways, as slTown by Report No. 12 of the Street Rail- way Committee and appendices thereto.'which report was adopted by Council on the 21st day of July, 1891, and it Is advisable that the tender of the said Messrs. Kiely, McKenzie and Everett be accepted by the said Corporation. Therefore the Municipal Council of the Corporation of the City of To- ronto enacts as follows : out \' ^ That the Mayor and City Treasurer be authorized and empowered to execute and affix the City seal on behalf of the City to an agreement between the Corporation of the City of Toronto and the said Messrs. Kiely, McKenzie and Everett, based on the specifications and conditions for the privilege of operating surface street railways within the City of Toronto, as adopted by the City Council May 5th, 1891, and the said tender of the said Mes<"-s. Kiely, McKenzie and Everett as contained in the appendix to said Report No. 12 of the said Street Railway Committee, provided that such agreement be drawn, settled and approved of by the City Solicitor and counsel learned in the law; and provided further that the date of execution of the contract shall be taken to be the date of acceptance of the tender for the purpose of the second paragraph of the said conditions; and provided further that no claims shall be made by Messrs. Kiely, Everett and McKenzie, or be allowed -^,.v<. V. . :,r\ 32 by this Council, for any depreciation of property during the time the City has charge of the said street railway. *" I certify that I have examined this Bill and that it Is correct. Witnesses : \ Thomas Caswelf,, - Geo. Kapi'ele. I (SiKiiwl) (i. W. KiEiY. '^'^t. McKenzie, i)y his Attorney, Niool Kiiigsmill. ; , ' H. A. Everett. 0. C. WoonwoRTH, AFFIDAVIT OF EXECUTION. Pkovinob of Ontario, County of York, To Wit : 1 I, George Kapi)ele, of the City of Toronto, in the County of York, E8f4uire, make oath and say : 1. That I was personally present and did see the foregoing Agreement and Award, Conditions, Tender and By-law attached thereto, duly signed, sealed and executed in triplicate by the within named George Washington Kiely; William McKenzie, by his attorney, Nicol Kingsmill; Henry A^.ariah Everett, and Chauncey Clark Woodworth, four of the parties thereto 2. That tiie said Agreement and Award, Conditions, Tender and By-law attached thereto In triplicate were executed at the City of Toronto aforesaid. 3. That I know the said parties. ; v V ., - . • ' \ Council Chamber, Toronto, July 27th, 1891. JOHN BT.EVINS, • ' '■'• 1 . City Clerk. V^ ^ ; .> : [L.S.] E. F. CLARKE, Mayor. ' "■'_,, ' ' * 1. ■ ,«- 4. That I am a subscribing witness to the said Agreement and Award, Conditions, Tender and By-law attached thereto in triplicate, and that the name " Geo. Kappele," subscribed to the said Agreement and Award, Condi- tions, Tender and By-law attached thereto in triplicate, is in the proper handwriting of me this deponent. Sworn before nie at the City of Toronto, ^ in the County of York, this first day of September, A.D. 1891. C. R. W. BlQGAR, A Commissioner for taking affidavits, etc.' Geo. Kappele. T ]