The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-11-09

Companies whose roads should come
into said city from the South or West
upon their paying to said Company a
far and equitable proportion of the
actual cost of said grounds and that
SAID Company should also share equal
ly with such other Company or Com
panies whose road or roads should
come into said city from the South or
west in the use of their Rail Road
track situated on the Levee and be-
tween Elk street and the Chicago &
Rock Island depot grounds, upon the
payment to said Company of fair
and equitable compensation for the
use OF the same,-the validity of
which said contract has been doubted.
AND WHEREAS, The City Council
OF said CITY, by an Ordinance passed
October 26, A. d. 1861, undertook to
repeal in part the said Ordinance first
herein above referred to, and to pre-
scribe what might and might not be
transported over certain portions of
SAID road the validity of which last
Ordinance always has been and still
is wholly denied by said Company.
AND WHEREAS, 1t is desirable that
said city should recover the control
OF the said ground in front of block
two ~ for the purpose of affording
necessary accommodations to some
Railroad Company whose road shall
come into said city from the East, and
also that the respective rights of said
City and Company in the premises
should be definitely and finally set
tied:
Now, therefore, know all men by
these Presents, that the said city of
Rock Island in the State of Illinois,
of the one part, and the Rock Island
II Peoria Railroad Company of the
other part, for the mutual considera-
tons hereinafter mentioned, have
agreed and do hereby agree to and
with each other and their respective
successors and assigns as follows, to-
oct: The said Company, in addition
to said sum of three thousand dol
lars, and annual rent paid and to be
paid as aforesaid, has this day paid to
said city the sum Of seventeen thous-
and (SlT, 900 dollars, and hereby re-
linquishes to said city all such claim
as said Company may have acquired
in and to the ground in front of said
block two as aforesaid; and the said
City hereby grants to said Company,
its successors and assigns, during the
period OF its chartered existence. the
| right TO maintain its Railroad track
through and over the streets, alleys
and public grounds of said city where
the same is now located, and to run
its cars, trains and locomotives over
the same as its business may require
subject, however, to all such reason
able ordinances Of a general nature as
shall be in force for the prohibition OF
greater rate of locomotive speed
than five miles per hour. And the
said city further grants and guaran-
tees to said Company and its assigns,
during the period Of its chartered ex-
istence, the right to use for depot and
all other railroad purposes, the
grounds lying eighty go feet north
of the south line of Mississippi Com
monty called Water street, between
the west line Of Elk and Swan
streets, projected north, which
grounds are in front of blocks 3, 4,
and 6, and the intervening streets OF
the old town of Stephenson NOV
said city Of Rock Islandj, but said
Company shall be subject to all nee
essary police and ordinary revenue
regulations and restrictions Of the said
city, and shall not in any way OBJ
struct, hinder or interfere with the
rights and privileges OF said city in
and to the shore or levee for the pur-
pose of levying and collecting wharf
age, providing for and regulating the
landing and departure of vessels and
water crafts of every name and de,
scription, and the loading and dis.
charging of cargoes, anything in this
contract to the contrary notwithstand-
ing; and said Company shall also be
subject to such reasonable and ade.
quate penalties as may from time tC
time be prescribed by ordinance, fol
leaving the rolling stock or motive
power of said Company standing on
its track in any street, alley or other
public ground in said city, except the
portion thereof herein designated foi
depot purposes, and also subject tc
such like penalties as may be thus
prescribed for failure, on notice, t.
construct such crossings over sale
track as may be necessary for the &C
commodation of the public, and alsC
for failure to erect such suitable anC
necessary warning tables as may from
time to time be ordered by the City
Council of said City. The said city
hereby further agrees to secure to sale
;. Company, by suitable ordinance, tn,
rights and privileges herein above
| specified, and also to use its intiuenc,
toprocure a further confirmation of tn,
same by act of the Legislature of sale
State OF Illinois, as soon as may be
and if the said Company, its success
sorS or ASSIGNS shall. at any time no