The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-07-16
An Ordinance

Granting the ErcluSire Right TO Construct a
Street RdtiIcdy on the Streets Of the City.
SEC. lst. Be it ordained by the Council of
the City of Wheeling, That In consideration
OF the agreements and restrictions herein con-
tanned on the part of the Citizens Railway
Company, that there is granted on the part
of the said city, to the said Railway Company
the exclusive right and privilege of making
and constructing Street Railway Tracks on
and over the streets in Wheeling for twenty
five years from the passage of this Ordinance,
and OF running cars on the same, for said
time, subject, however, to the agreements,
conditions and restrictions, which are impoS-
ed and mentioned in this Ordinance, prOVid-
ed that the said Citizens Railway Company
shall in good faith, actually commence the
work of making said Railway Track within
four months from this time, and have the
same completed and street railway cars, in
twelve months from this time, on Main and
Market streets, or on one OF them, for the dis
lance of 90 rods at least, and that the cars or
DINER vehicles placed or run on said railway
shall be moved or drawn by horses, and not
10y steam, and that the guage and width of
more or less.
SEC. 2nd. 1t is further ordained and agree
ed by the said Council, That 1t or the cOrpOr-
ate authorities of the said city, shall not, and
VIII not during the said time and term ofEaid
exclusive grant and privilege TO SilidL OmDany
tax the cIpital sock OF the:Company belong
ing to the company or the railways or tracks,
cars, horses, depotS or standing ground OF the
company; nor will the said corporate author
tiles of the said city, tax any other property
OF the company, real or personal. NJ n greater
or higher rate than they tax like property be-
longing to others than Saiu company; and
that said city authorities shall not, and will
not, during the time of this exclusive grant,
lay or levy any tax, charge or burden upon
the tolls, fare, profits or business of said com.
pr"y, Hr upon persons or property because or
by reason of the same being carried or con-
Veyed, or designed or intended to be convey
ed or carried on said railway or cars of said
company; but nothing herein mentioned is
TO be so understood or construed as to impair
the rights of the City Council or authorities
NRN NNgnl of
profits arising from Its business, when the
same Is in the hands of or belonging to in
dividuals or other corporations, in Wheeling,
as the separate property OF such corporations
or individuals.
SEC. 3rd. Be 1t further ordained and I'M
derStoOd, That the City Council, or author
ity by its officers, agents, servants and work
men may go or enter upon the railway and
track which may be upon the streets or other
property, or grounds of the city, and on,
over and beneath the surface thereof for the
purpose of paving, altering and repairing
me streets, grounds or property of The city,
or OF making or repairing drains and sewers:
or other improvements in or upon the same,
or for the purDOSe of laying or lifting. or OF
relaying or fling or repairing water or gas
tons Herewith, or for the purpose OF maxi
Ing, repairing or altering, any or other i'm
prOVementS the said city has or may wish to
have, or place or in the said streets, grounds
and other property of the city, as fully as
privilege had not been made TO said Rail.
way Company. The said city, in such case
not doing or committing by needless delay or
otherwise, any unnecessary injury to said
railway or tracks in doing such work or max
ing such repairs or improvements, and the
city, in such case, also making the necessary
or proper.repairS to the street at its own cost
and II Is also provided and ordained, that
when the said Railway Company, in laying
down the track of its road or way, or IN re-
pairing the same, or on any other occasion.
snail take up or injure the streets or grounds
or payements OF the city, the same:shall be re-
Commissioner, or like officer of the civ at
the expense OF the said railway COMPANY:
and that the said railway company shall and
VIII keep in good repair that part of the
streets and grounds of the city on which its
railway or track is located, and which is be-
tween the rails OF the track; and also shall and
Will at all times, make, lay and maintain its
tracks and the rails thereof on a level with
the surface or plane of the street and il is
also understood and ordained that the said
City Council will so far as 1t may have power
to do so. enact proper bylaws or ordinances,
declaring under proper penalties. that wagons
drays. carriages and other vehicles shall give
way to the cars of the company, and for the
protection OF said company in the free and
unobstructed use of its said railway.
SEC. 4th. BE 1t further ordained and agreed
That nothing herein before ordained or agreed
is to be understood, or construed, as in any
wise to impair or infringe the contract and
agreements, express or implied, which now
exist between the City OF Wheeling and the
Wheeling and Belmont Bridge Company,
SEC. 5. And be 1t further ordained and
understood. That said Railway Company
and provisions OF its Charter, and which is
contained in the act of the Legislature OF
" est virginia, passed January the 3Oth, 1893
except as in so far as the same may be lawful.
" changed or modified by the provisions of
ms ordinance and agreements.
SEC. 9th. This Ordinance shall be in force
when agreed to and accepted by the said
Railway Company. iyi6-lt