The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-10-17
RolRn nr coN,lrsrnnrns-TheB Board

Iud lueLnltLb ,heLe fiSaSsss n ~ m
Reilly, Klsiyes, Caldwell and Maddle; Il
In the absence.of the President, AF'
Sheppard was called TO the chair.
The committee appointed for the pur.
nose submitted an ordinance granting
ne Wbeeling and Elm Gtote Galway
ConranY the right 10 construct 9 street
railway on the public roads and bridges
Of Ohio county, from Wheeling to Elm
Grove. The ordinance was read three
times and passed, as follows.
SEc. /. Be It ordained by the Board Of
Commissioners OF Ohio county, that In
confederation Of the agreements and re-
strictions herein contained, on the part
OF the said county, there is hereby granted
to the said railway company the right
and privilege Of making and constructing
a street railway track on and over the
public roads and across the bridges Of
Ohio county from Wheeling TO Elm
Grove for fifteen years from the passage
Of this ordinance, 'and Of runninglcars on
die baneifof sSid lime, subject However
10 the restrictions, agreements and con:
ditions which are imposed and mentioned
in this ordinance: Provided, that the
cars or other vehicles placed or run on
said railway shall be moved or drawn
by horses or mules, and not BY steam,
and that the gauge and the width Of the
said railway shall be not more than five
feet and two inches, or leFs than three
SEC. . And it is further ordained and
agreed, that the Board Of Com missioners
or authority, by its officers, agents,
servants and workmen, may go or enter
upon the railway and tracks which may
be upon the public roads, or other proper
ty or grounds Of the county, and on, over
or beneath the surface thereof for the pur.
pose Of paving, matchmaking, altering
and repairing the roads, grounds and
property Of the county, or Of making and
repairing the roads, grounds or property
OF the county, or OF making or repairing
drains, culyerts or other Improvements In
or upon the same, or for the purpose OF
making, repairing or altering any or other
improvements the said county has or may
wish to have, or place in the said roads,
grounds and other propertyof said county
q fully as though Said grant, or any grant
or privilege had not been made 70 said
company, theI said county in snch case
not doing or committing, by needless de-
lay or otherwise, an unnecessary injury TO
said railway or tracks in doing such
work or making such repairs or improve
menu, and the county, in such, case, also
making the necessary or proper repairs to
the road 1t its own cost.
SEC. 8. And it is further ordained and
agreed, that when the said railway com
pany; in laying down the track OF its
roads or way, or in repairing the same, or
| on any other occasion, shall take up or
injure the public roads, grounds or other
property Of the county, the same shall be
repaired TO the satisfaction Of the Gener-
al Superintendent Of County Roads, or
like officer OF the county, at the expense
Of the said railway company, and that
the said railway company shall sad Will
keep in good repair that part OF the
public roads, grounds or other property
Of the county on which It's railway or
tracks are located, and which is between
the rails Of the track, and also shall and
will, at all times, make, lay and maintain
its tracks and rails thereof on a level
with the surface or plane Of the public
roads, grounds, etc. /,
SEC. 4. And It ia further ordained and
agreed, that the said Board Of Commits
sioners will, SO far as it may have power
to do SO, enact proper ordinances, declar-
ing, under proper penalties, that wagons,
carriages and other vehicles shall give
way to the cars OF the company, and for
the protection Of the said company In the
free and unobstructed use Of It's said rail-
way. I,
SEC, 5. And it is further ordained and
agreed, that the said Wheeling and Elm
Grove Railway Company shall make all
necessary changes at their own expense,
in, to, or about, the Peninsular bridge at
Fulton, in crossing the same, and shall
at.all times keep the same in thorough
repair between the rails; and it is further
ordained and agreed, that the said rail.
way company in laying down lis tracks,
shall be compelled 10 use 7 rail from z
10 q inches high and not to exceed 10
pounds to the yard-the same to be laid
on one side Of the bridge, and in no case
in the centre; also 1t is further ordained
and agreed, that SAID railway company,
| In laying its track on any bridge Of the
county, shall place plank not less than 10
10 inches, beTsled, on the outside
of it's rails, and TO be aoored between
rails to the height Of said rails.
SEC. 9. And Il IL further ordained and
agreed, that the said Wheeling and Elm
Grove Railway Company shall be held
responsible and assume the liability 70
the county OF Ohio for any and all dam
ages from accidents TO persons or prop
erty from neglect OF said railway com.
pany on the said bridges and public
roads, grounds, etc.
SEC. !, II is further ordained and
agreed that the said railway company be
allowed the privilege OF constructing q
turn outa or switch on Centre street, I'm
the town OF Fulton, but on no other street
or grounds belonging to the county.
SIC. 8. And it is further ordained and
understood, that the said railway com.
pany shall and will observe and keep the
terms and provisions Of is charter, and
which is recorded in Deed Book g., pages
1877, 1888 and 1870, among the public land
records OF Ohio county, W. Va, except
as in so far as the same may be lawfully
changed or modified by the provisions Of
this ordinance and agreement.
SEC. 8. This ordinance shall be in force
when agreed TO and accepted by said rail-
way company.
The certificates Of the Commissioners
OF Election were read and ordered placed
on the records, and the various county
officers having the majority vote were
declared elected and required 70 qualify
IS the law directs. ~ q" 49,
Notice OF contested election in the
case OF the vote for Justice 10 Union dis.
trict was read, and on motion referred
to the November term Of the Board, &c.
cording to law.
The following resolution, offered by
Mr.. Bayha, was adopted:
Resolred, That the County Engineer be
ordered TO have such work done TO the
bridge over Coal Run at Fulton "a will
be necessary TO protect the foundation Of
the abutments; to be paid for out Of the
local levy due Washington district.