The consent of the city for the construction, maintenance and operation of the lines of the Citizens' Passenger Railway Company was given upon the following conditions, among other things:
First, to pay into the city treasury "for each car run over its road," twenty dollars per annum, for the first five years; thirty dollars per annum for the second five years and forty dollars per annum for each year thereafter.
Second, to pay into the city treasury annually three per cent of the net profits of said company for the first five years, and five per cent of the net profits of said company for each year thereafter.
Third, to keep the streets over which the road passed in good repair from curb to curb.
The ordinance further provided:
First, that "any failure to comply with" these conditions should be held to work a revocation of the franchise.
Second, that the city should have the right at the end of twenty years, by giving the company one year's notice of its intention, to acquire the road and stock by paying for the same at a rate to be fixed by five disinterested appraisers.
This term has elapsed.
The franchise of the Pittsburgh, Oakland and East Liberty Railway Company was conferred upon the following conditions, among others:
First, the payment of an annual sum upon each car run on the road.