The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-08-16
An Ordinance

Granting the Exclusive Right 10. Construct a
Street RaiIiuay on the Streets Of the Gig
SEC. lst. Be it ordained by the Council of the
City OF Wheeling, That in consideration of tho
agreements and restrictions herein contained on
the part of the Citizens Railway Company that
there is grated on the part Of tho said city, To
the said Railway Company, the exclusive right
and priyi ego of making and constructing Street
Railway Tracks on and over the Streets in
Wheeling for fifteen years frem the passage OF
this Ordinance, and OF running cars on the same,
Tor said time, subject, however, to the agree
ments conditions and restrictions which are
imposed aud mentioned in the Ordinance, pro
vided 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 good
months from this time on Main and Market
Streets, or on one of them, for the distance of
22O rods at least, and that the cars or other We
hlcles 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 five feet and not more or less.
SEC, Cd 1t is further ordained and agreed by
the said Council That it or the coporate author
tiles of the said city, shall not, and will 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. hors
es depots or standing ground OF the Company
nor will the said corporate authorities of the
said City, tax any other property OF the Compa-
ny, real or personal, at a greater OF higher rate
than they tax like property belonging to others
than said Company and that said City author
tiles 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 bust
ness of said company, OF upen 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 mentioned
is to lie so understood or construed as TO impair
the rights of the City Council or authorities TO
tax the capital stock of the company, or pronts
arising from its business, when the same is IN
the hands of, or belonging to individuals OF
other corporations, in Wheeling, as the separate
property of such corporations or individuals.
Sec. 3rd Re II furthdr ordained and under
stood. That the city council, or authority by
its officers, agents servants and workmen may
go or enter ppon 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, Tor the purpose OF paving,
altering and repairing the streets, grounds or
property of the city, or of making or repairing
drains and sewers, or other improvements IN OF
upon the same; or for the purpoee OF laying OF
lifting, or of relaying or reli(ting or repairing
water or gas pipes or conductors, or making
connections Herewith, or for the purpose OF max
ing repairing OF altering, any or other improve
ments 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 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 injury
to said railways or tracks in doing such work or
making snch repairs OF improvements, and the
city, in such case, also making the necessary OF
proper repairs to the street at ITS own costs, and
it is also provided and ordained, that when the
said Railway Company, in laying down the track
of its road or way or in repairing the same, or
on any other occasion, shall take up or lnjure
the streets or grounds, or pavements OF the city,
the same shall be relaid and repaired to the sat.
isfaction of the Street Commissioner, or Like OF
fcer of the city, at the expense OF the said rail'
way company and that the said railway com.
pany shall and will keep in good repair that
part Of the streets "a and GFqgnISatsa and which
ia between the rails OF the track; and also shall
and will at all times, make lay aud maintain
its 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 it may have power to 90
so, enact proper bylaws or ordinances, decIar'
ing undor proper penaltieS, that wagon, 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 it further ordained and agreed,
That nothing herein before ordained or agreed,
is to be so understood, or construed, as in
any wise to impair or infringe the contract and
agreements, express or implied which now ex'
lists between the city of Wheeling and the
Wheeling and Belmont Bridge Company, or any
other company. '--r
SsC: 5th. And be it further ordained and
understood That said Railway Company shall
and will observe and keep the terms and pro
visions of its Charter, and which is contained in
the act of the Legislature OF West Virginia,
passed January the 3Otb, 1868, except as in 80
far as the same may be lawfully changed or
modified by the provisions of this ordinance and
agreements. -
SEQ. 9th. That if the said Company shall
elect TO 90 up Market Street, they shall in lay
ing their track on said street bear to the right
from the East corner of Union Street on Market,
and up the East side of Market TO Madison
Street so as not to Interfere with persons at
tending the I'd Ward market with wagons.
SEC: 7th. This ordinance shall be in force
when agreed to. and accepted by the said Rail
way Company
Passed Council August I, lsG6
II. +. PEENY, City Clork.
IntaIip,ncer cOOVl