The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-27
THE Rronr OF WAY ORDINANCE

LIE hight OF WAX OBDlNANCE.-
Believing that our readers will be inter.
estcd in knowing the terms on which the
right of way through the city was grant.
ed the Baltimore s. Ohio Railroad Com.
pany, we present the ordinance in full,
passed by Council, Tuesday evening.
IAN Ordinance authorizing and empowering
the Baltimore s Ohio Railroad Company to ex.
tend It's track over certain streets OF the city oil
Wheeling to the depot Of the Hemp6eld Railroad
Company"
WHEREAS, The Baltimore & Ohio Rail.
road Company has requested the City Of
Wheeling to grant it the right to extend
its track IRON the south bank Of Wheel.
ing Creek along John Street to the depot
Of the Hempfeld Railroad Company on
Fourth and Zane streets, aud!transport
thereon its cars and locomotives, and TO
change the grade Of John street from the
east side Of Market street to the east side
Of Fourth street; and WHEREAS, The
city Of Wheeling is willing to grant the
request, subject 10 certain conditions:
SEC. /. Therefore b IL ordained BY Mt
Council Of tie City Of Wheeling, That the
Baltimore g. Ohio Railroad Company be,
and is hereby authorized and empowered
at It's cost TO construct and extend its
track from the south side Of Wheeling
Creek, across said creek to the northwest
side Of the Main street bridge-thence
across Main street crossing the southeast
corner of Main and John streets-thenCe
up John street, south Of the track Of the
Citizens Railway Company to and across
Fourth street into the depot Of the Hemp.
field Railroad Company, on the south
side of John street, subject TO the cOndi'
tons and restrictions hereinafter men
toned.
SEC. 2. Bel further ordained, That the
Baltimore s. Ohio Railroad Company be
and it is hereby authorized and empow.
cred, ut its cost, IN change the present
grade Of John street, commencing at the
east and present surface line Of Market
street, in John street, to the line Of Fourth
street, crossing Fourth street on the cen.
tire line OF Fourth street, at not more than
two feet six inches lower than the present
grade at the centre Of John and Fourth
streets; prOUided, also, that the said Balti'
more i Ohio Railroad Company shall be
responsible for all legal claims for dana
gas to private property which may be &C.
casiOned by the construction Of its said
track, and shall also be responsible for all
legal claims for damage tOprivate proper
ty which may be occaSioned by the alter.
alton Of the present grade OF any street Of
said city, and shall indemnify said
city against the expense which may be
incurred in adapting the grade of John
street from Fourth 10 Filth street, and the
grade of Fourth street to the grades SO
altered; provided, also, that said Balti.
more g. Ohio Railroad Company shall so
construct and maintain its track along
said route so that the top Of the rails Of
said track shall be made level with the
surface or plano Of the streets; provided,
also, that the said railroad company shall,
at its cost, as speedily as possible and
without unnecessary delay, restore the
said streets over which it may construct
its track, in rs good order, condition and
repair as they now are, and shall restore
and replace all Curbs, pavements, paving,
&c, which 1t may remove or disturb by
reason of n change in the grade Of any
street; preceded, also, that while the said
railroad company shall have the right TO
use said streets for the passage of trains
and cars, they shall not Obstruct the same
by permitting cars, locomotives or
trains TO stand on said streets
outside Of the depots; provided, also,
that the said railroad company shall
not allow any locomotive or trains 10 run
on or across said streets at u greater speed
than four miles per hour; provided, also,
that said railroad company shall keep a
watchman ut each point where lOComO.
tive, car or train shall cross street, to
give notice OF the approach Of any loco.
motive, cur or train; prOrlded, also, that
the city of Wheeling. hereby reserves tho
right to annul the grant herein contained
to said Baltimore t. Ohio railroad com.
pany, il said railroad company should at
any future timo extend its road or any
branch or lateral work thereof so as To
connect with what IS now known as the
IIemplleld Railroad, south oil Wheeling
Creek; and 1t also reserves the right to an.
null said grant in case the said Baltimore
& Ohio Railroad Company should fOil to
comply, upon It's part, with any oil the
provisions contained In this ordinance.
SEC. 3. This ordinance shall take effect
from and after lis passage.
Passed Council, April 25, 1871.
Signed II, F, FEENY, City Clerk.