Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-09-14

same within two years thereafter; that
as soon n sid double track shall have
been completed, said company must re.
move their tracks now On Sixteenth and
Seventeenth streets, crossing Main, Msr.
ket and Chapline streets, and further that
ssid company must ut once put in repair
said streets from which said track has
been removed. It also provides that all
rights and privileges OF said company
shall cease on said streets upon compile
ton OF said double tracks from the
Central Glass works oWood and Thirty
second streets.
Section IL provides that said COM
pany must acquire the right OF way
through the property OF all individuals
or corporations by agreement, or the
proper legal measures, at its own costs,
and not look TO the city for such right
OF way. 1t also guarantees to the River
side Iron Company the right to use
the tracks now laid on Woods street,
unless said iron company eedes its
right to the B. & o. company.
Section IL ~stipulates that Caldwelfs
Run must be bridsed At the expense OF
said company at Woods street, said
bridge to be the width of the street,
with stone abutments, and also to pro-
vide q passage wav on said bridge for
vehicles and pedestrians; the super
structure OF said bridge to be construct
ed to the satisfaction Of the Committee
on Streets, Alleys and Grades.
Section Is ~stipulates that said COM
pany must pay all costs incurred,
except counsel fees, in the litigation in
the Circuit Court of the United States
for the District Of West Virginia in
respect to Water street south Of the
creek. 1t also provides that the rails OF
all tracks OF the extension in the city
shall be on a level with the streets OF
the city; and also that the inside OF the
tracks shall be plsnked with white oak
planks two inches thick, or pave with
stone, at the option Of the city both now
and hereafter, said planking or paving to
be continued to the full width OF said
streets or alleys. 1t also provides for
the maintenance OF watchmen at each
portal Of the tunnel through Chapline's
Hill, also watchmen at street crossings,
and iigmen ahead Of all trains on Nine
teenth street. 1t also forbids the stand.
ing OF cars On Nineteenth or other
streets to the inconvenience Of citizens.
1t also provides that the rate OF speed
shall not exceed sixImiles per hour.
Section il provides that said company
shall build a passenger depot in East
Wheeling, and also one in South Wheel.
ing, one to be located between the Cen
trail Glass Works and Wheeling creek,
and the other between the creek aud
T~hirty-second street. It also stipulates
that said company must locate their
round houses, machine and repair shops
within the corporate limits OF the city,
which may be necessary for the Con.
nellsville road to this city.
Section II stipulates that before said
company shall enjoy anyaof the rights
O / authority We ted in it by this ordi.
nance, it must, before November !, 1881,
file with the City Clerk a resolution
passed by the directors Of the company,
sealed with its corporate seal, and signed
by its President, accepting this ordi-
nance and agreeing 10 its
conditions, said acceptance to be
satisfactory to the City Council,
said acceptance also containing an agree
ment to do all things commanded by the
ordinance and to refrain from doing all
things forbidden by Ii; it also requires
tine W, P. & B. K. r. Co. TO file an
agreement with the City Clerk agreeing
to vacate al! tracks on Sixteenth and
Seventeenth streets, said agreement TO
be sealed with the corporate seal OF said
company: it also requires the p, w. &
Nv. 10 file a similar document of
acceptance OF the grants made it by the
city tor the purpose OF it's extension.
Section l6 provides that both the p,
W. Il Ky. and B. & o. roads must, II
necessary, furnish outlets under or over
their tracks to the river il public necss.
sity demands it, and not thereafter OBJ
stiuct said Quite Is.
Section II provides that if the B. 20.
fails to DO any of the things required, or
~negiects any Of the provisions Of the
ordinance, or fails to comply with them,
or fails TO perform of them, the
same shall be annulled, and the
rights and privileges revoked. 1t
also stipulates that nothing is granted
beyond what is set forth in the ordi-
dance, i. {, nothing by implication. The
city also reserves the right to amend at
any time this ordinance and TO enforce
the same by proper penalties; provided,
however, that no amendment SHAH be
made that shall deprive either the B. &
o. or the p, W. & Ky. companies Of any
Of the rights and privileges conferred by
the ordinance; but such rights n
privileges must be exercised ip accord.
ance with and subject to such reyula.
tons and restrictions herein contained,
and such additional ones as the Council
may hereafter prescribe.