The Wellington enterprise. [volume] (Wellington, Ohio) 1899-1900, 1899-11-22

and maintenance OF street railroads In said Village
OF Wellington, and subject 20 all provisions and
conditions Of this ordinance.
Section IL. The duration of the franchise and
right to construct and operate said railway, here
in granted shall be for the period Of twenty-f
years frum aud after the passage ofthis ordinance.
SEQ, 10. Whenever the Council Of said Village
OF Wellington shall grant 10 any person the right
to remove any buildings over OF along the streeto
or public grounds on which said rair0ad shall be
laid, the owner Of said building, or the person
moving the same, shall be required 10 move the
same along the tracks OF said railway company be-
tween the hours OF twelve o'clock. midnight and
Ave O'Clock A. NJ, and said Railway Company
shall at its own expense, upon receiving reason.
able notice OF such permit, 80 elevate or temper
arily remove tH wires so us to permit the passage
OF such building across or along such streets or
public grounds.
SEC. iB The 0berlin ellington RailwayOo.
its successors and assigns, shall az all times here
after defend, keep harmless aud indemnify the
Village from all lawful claims or demands for in
juries to persons or property, and costs and ex-
penses TO which said Village may be legally
subjected or made liable by any persons at
law or IN equity, or otherwise, growing out of
the privileges granted III this ordinance, OF
out Of the exercise and operation OF the same
by said Railway Company, It's successors or
assigns, provided that said Railway Company,
tLs SUCCESSORS or assigns, shall have reasonable
notice OF the pendency OF such action; and
such Railway Company, Its SUCCESSORS and u.s.
signs, shall upon receipt OF such notice as
SulDb tnb ubieust anu OAptnseS Oh Sucl action,
so far as the Nillageis concerned.
SEC. II. In case The Oberlln and Yelling
ton Railway Company, Its successors and as
signs, shall fail to DO any Of the work hereby
required of them, In the way OF street con-
struction, improving, repairing, cleaning or
removing Of distractions, the Village shall
have the right to do such work at reasonable
cost at the expense OF such Railway Company,
Its successors or assigns, after reasonable
notice to such Railway Company, Its SUCCESS
Or nj Nj a
may recover such costs and expenses from
said Railway Company, its SUCCESSORS and as
signs, by action At law, or by certifying the
same to the Auditor OF the County, TO be col
lected in like manner as other taxes and as
ssssments are collected
SEC. Is. For any violation or refusal to per-
form any OF the provisions of this ordinance,
except the provision relating to the accept
ance Of the same, and the construction OF said
railroad, or for violation OF or refusing to COM
ply with any provisions Of any lawful general
ordinance OF the Village that may be hereafter
passed by the Council thereof, regulating the
operation Of street railways In said Village,
The oberlin and Wellington Railway Com.
pany, Its successors or assigns, shall forfeit
and pay into the Treasu.y Of said Village the
sum Of nifty dollars as penalty; all forfeiture
or penalties provided for by this Section may
be recovered by civil action in any Court OF
competent Jurisdiction and ON failure to pay
any judgement which may be so recovered,
within thirty days from the date OF the rem
d1tion OF the same, provided said tudYemant
be not appealed from, or error taken there
from, the rights and privileges granted by the
provisions OF this ordinance to said Railway
Company, its successors and assigns, may be
forfeited upon the adoption OF u resolution Of
the Council OF said Village to that effect. pro-
yided, however, that said Railway Company
itssuccessors or assigns shall have such right 4
appeal, or right to a writ OF error from any such
judgement, as may be lawful. and said thirty
days Aforesaid shall, In the event Of such ap-
peal or error, date from the final judgement
rendered on appeal or error; and provided
further, that the Council may remit any such
penalty, or any part thereof and provided
further, that the penalties hereby provided
for shall not be exclusive, but the same shall
be considered as cumulative merely.
SEC. 10. The 0berln and Wellington Rail-
way Company, its successors aud assigns,
shall within ten days from and after the pas
sage and legal publication Of this ordinance
enter into contract for its faithful perform
ance and shall also enter into a good and
sufficient bond to the satisfaction OF the
Village Council, in the sum OF Five Thousand
Dollars as liquidated damages, conditioned
that II will, and that its successors and assigns
shall, fully comply with the terms and con-
ditions OF this ordinance, and the agreement
and contract made In pursuance thereof
Section 90 This ordinance shall take effect and
be In force from end after is passage and legal
publication.
GEO. L. COUCH,
+. A. CHAPMAN, Mayor.
Clerk.
Passed November 16, 1899.