The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-08-17
An Ordinance.

Granting the Exclusive Right to Constrttcf a
Street R0if'oGy GA Lhe Streets crLhe City.
SIC. lst- Be it ordained by the Council OF
the City OF Wheeling. That in consideration
OF the agreements and restrictions therein
contained on the part OF the Citizens Rail-
way Company, that there Is granted on the
Company the exclusive right and privilege Of
making and constructing Street Railway
for fifteen years from the passage of this Or
dinance, and for running cars on the same
mems conSItions and TeStTictjons WS,cS are
imposed and mentioned in the Ordinance
provided that the said Citizens hallway Com
Pany shall in good faith actually commence
the work of making said Railway Track
within four months HOm this time, and have
the same completed and street railway cars,
in good faith, running on the same within
twelve months from this time, on Main and
Market Streets, or on one OF them, for the dis
lance of 20 rods at least, and that the cars or
other vehicles placed or run on said railway,
shall be moved or drawn by horses and not
by steam, and that the guRge and width Of
the said railway shall be five feet, and not
SEC. I'd. 1t is further ordained and agreed
by the said Council, That it or.the corporate
authorities Of the said city, shall not, and will
not during the said time and term OF said ex-
elusive grant and privilege to said Company,
tax the capital stock OF the Com pany, be-
longing To the Company, or the Railways or
tracks, cars, horses, depots or standing ground
of the Company; nor Will the said corporate
authorities of the slid City, tax any other
property of the Company, real or personal, al
a greater or higher rate than they tax like
property belonging to Others than said Com
pany; 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, prUfts or business OF said
company, or upon persons or property, be-
cause or by reason OF the same being carried
or conveyed, or designed or intended to lie
conveyed or carried on said railway or cars OF
said company; but nothing herein mention
ed Is TO be so understood or con-
s sH d. Jas to impair the rights of
capital stock of the company, or profits arts
ing from its business, when the same is In the
corporations, in Wheeling, as the separate
property OF such corporations or individuals.
SEC. ID. Be II further ordained and under
its officers, agents, servants and workmen
may go or enter pom the railway, and track
which may be upon the streets or other
property, or grounds Ofthe city. and on, over
and beneath thesurEace thereof, for the pur-
pose OF paving. altering aud repairing the
making or repairing drains and sewers, or
other i'm pTOvenentS in or upon the same; or
for the purpose OF laying or lifting. of relay
Ing or relitting or repairing water or gas pipes
or conductors, or making connections there
with, or for the purpose of making, repairing
or altering, any or other improvements the
said city has or may wish to have, or place
in the said streets, grounds and other proper
~ OF the city, as fplly as though said grant or
any grant OF privilege had not been made to
said Railway Company. The said city, in
such case not doing or committing by need
less delay or otherwise, any unnecessary in
jury to said railways or tracks in doing such
work Tor making such repairs or improve
mentS, and the city in such case, also making
the necessary or proper repairs to the street at
its own costs, and 1t Is also provided and or
dained, that when the said Railway Com
pany, In laying down the track Of its road or
way, or in repairing the same, or on any
other occasion, shall take up or Injure the
StreetS or grounds, or pavements Of the city,
the same shall be relald and repaired to the
SATISFACTION Of the Street commissioner, or
like officer of the city, at the expense OF the
said railway company; and that the said rail-
way company shall and will keep in good 70
pair that part OF the streets and grounds OF
the city on which the railway or track is To-
Gated, and which is between the rails of the
track; and also shall and will at all times,
make. lay and maintain It's tracks and the
rails thereof on level with the surface or
plane OF the street, and 1t 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 I'M
p piag pIo opd PSnae iaat wagons drays car
the cars OF the company, and for the protec-
ton OF SAID company in the free and unob-
SIucted use OF It's said railway.
SEC: 18th. Be 1t further ordained and
agreed, Ihat nothing herein before ordained
OF agreed, is to be understood or construed, as
in any wise TO impair or infringe the con-
tract and agreement, express or implied
which now exists between the city of Wheel
ing and the Wheeling end Belmont Bridge
Company, or any other companV.
SIC. 9TH. And he q further ordained and
understood, That said Railway Company
and provisions OF its Charter, and which is
contained in the act ofSthe Legislature Of
west virginia, passed January the 3Oth, 1853
except as In so far as the same may be lawful
y changed or modified by the provisions OF
lhis ordinance and agreements.
SEC. 9th. That If the said Company shall
elect to go up Market Street, they shall in
laying their track on said street bear 10 the
tlght rom the East corner of Union Street on
Market, and up to the East side of Market b
Madison Street, so as not to Interfere with
persons attending the I'd Ward market with
Sic. 18th. This Ordinance sinai, he in Sorca
R HiI.ei1 agreed TO, and accepted by the said
hallway Company.