The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-07-14
ORDINANCES.
An Ordinance
Granting the Exclusive Blight to Construct a
Street Rail,ray on the Streets Of the City.

Street RailtCay on the Streets of the Ctty.
SEC, lst. Be il ordained BY the Council Of the
City of Wheeling, That in consideration VI the
agreements and restrictions herein contained 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 imposed and mentioned IN this Ordinance,
uroyided that the said Citizens Railway Com.
pany 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 good
faith running on the same within IweLse
s~os.ths t-e... tsi. time. on Main anu mhrAot
22O rods at le ast, and that the cars or other ve
hicles placed or run on said railway shall be
moved or drawn by horses, and not by steam,
and that the guage and width OF the said rail-
way shall be hye feet and not more or less.
SEC 2nd. tits further ordained and agreed by
the said Council That IL or the corporate au-
thrities OF the said city shall not and viii not
during the said time and term OF said exclusive
grant and privilege to said Company, tax the
capital stock of the Company, belonging to the
company, or the railways or tracks cars, horses,
depots or standing ground OF the company nor
viii the said corporate authorities OF the said
city, tax any other property of the company,
real or personal, at greater or higher rate
than they tax like property belonging to others
than said company; and that said city authorl.
ties shall not and will not, during the time Of
this exclusive grant, lay or levy any tax, charge
OF burden upon the tolls fare, profits or busi
ness of said company, or npon persons or prop
erty, because or by reason OF the same being
carried or conveyed or designed or intended TO
be conveyed or carried on said railway or cars
of said company but nothing herein mention.
ed Is to be so understood or construed as 70 i'm
pair the rights of the City Council OF authori-
ties to tax the capital stock OF the company, or
profts arising from its business when the same
Is in the hands of OF belonging TO individuals
OF other corporations, in Wheeling as the sep
arate property of such corporations or indi
ytduals.
SIC 3rd. Be il further ordained and under.
stood, That the City Council, or authority by its
officers, agents servants and workmen may 20
or enter upon the railway, and track which may
be upon the streets or other property, or
0,ounds of the city, and on, over and beneath
the surface thereof for the purpose oil paving,
altering and repairing the streets, grounds or
property of the city, OF OF making or repairing
drains and sewers; or other Improvements IN or
upou the same or for the purpose OF laying or
lifting, or Of relayng or relifting or repairing
water or gas pipes or conductors, OF OF making
connections therewith, or for the purpose OF
making, repairing or altering, any or other I'm
movements
have. or place or in the. said streets, grounds
and other property Of the city, as fplly as
thou oh said grant or any grant or privilege had
not been made to said Railwny Company. The
said city, In such case not doing or committing
bv needless delay or otherwise, any unneces.
ssrv injury to said railways or tracks in doing
such work ormaking such repairs or improve
nents. and the city, in such case, also making
the necessary or proper repairs TO the street NJ
its own costs and IL is also provided and or
L. 1la al Rafl 10
in lavinQ down the track Of its road or way, or
in repairing the same, or on any other occasion,
shaII take up or ipjure the streets or grounds,
or nayements of the city, the same shall be re.
laid and repaired TO the satisfaction OF the
Street Commissioner, or like otticer of the city,
at the expense Of tho said railway company
and that the said railway company shall and
will keep in good repair that part OF the streets
and grounds of the city on which its railway or
track ia located, and which Is between the rails
| of the track; and also shall and Will at al
| times, make, lay and maintain its Tracks ana
the rails thereof Oh a level with the surface or
nIane of the street, and IL is also understood
and ordained that the said City Council VIII 90
| far as IL NAV have power to do 90, enact proper
bv.lsxs or ordinances. declaring undor proper
| nenalties that wagons drays, carriages ano
other vehicles shall give way 70 tho cars OF tne
nsny iu the free and unobstructed use Of is
60 4th. BE il further ordained and agreed,
That nothing herein before ordained or agreed,
"a to be so understood, or construed, as In any
Was 10 impair or infringe the contract and
4 Agreements express or implied, which now ex
| ist between the City Of Wheeling and the
! wheeling and Belmont Bridge Company.
| SIC 5tR And be IL further ordained and an
derstood. That said Railway Company shal
and viii observe and keep the terms and pro
visious Of its Charter, and which Is containet
| In the act Of the Legislature Of West Virginia
| passed January the 3Otb, 1853, except IS in o
| lar as the same may be aWfuly changed o
modified by the provisions Of this ordinance
SIC 6th. This Ordinance shah be in fore'
when agreed to and accepted by the said Esii
| way Company.
| Intel. copy