Catoctin clarion., 1899-10-05


Third or Fourth or Fifth street, as may be selecte
and designated by said Company within three month
after the passage of this Ordinance, subject to tn
regulations, restrictions and reservations herenafe
prescribed.
Section 2. And be it enacted and ordained Tha
the said Cor pary shall lay down and construct sin
gle track only the aforesaid streets, any of them
and shall use in said construction rails of such form
as shall be approved BY the Board of Aldermen; th
SAID track shall be so laid down and constructed as
offer as little mpcdment to the free and easy passag
OF vehicles upon, and along and across the street.
herenbcfore mentioned as may be practicable in thu
proper construction of said railway and to that
the top of the rails in said track shall always and
every point, where practicable make an even surface
with the said street; the said Company shall cause
the space between the rails of said track on said
streets to be paved with vitrcd bricks, of suitable
| quality, in workmanlike and substantial manner
and so as to present and maintain an even surface
| and shall in like cause said streets to be
paved on each side Of said track with one course OF
verified brick laid endwise 10 the outside of the rail
the said paving on the outside Of said track to be on
such of saId streets, parts of streets as are now
paved may hereafter be paved by the City; the said
Company shall restore the said Streets in other re-
spects, to condition equally as good as that in which
they may exist prior to the laying down and con
structon of said track and the exercise of the rights
hereby conferred and shall maintain and keep in re-
pair the portion of said streets between the rails OF
said track and to the distance of two feet from the
outer edge OF the raj on each side, said last men
toned space of two feet each side OF said track TO
be made and maintained in as good condition and OF
like material Except as TO vitrifed bricks aforesaid
the remainder of the streets adacen thereto may
be now at any time made and maintained; and
wherever said track shall cross bridge on any OF
said streets the said Company shall ma intain and
keep in repair the flooring and supports of the side of
the bridge so crossed by said track and wherever
Company shall cause said gutter to be covered with
proper plates the full width of the street to support
said track AS to afford and maintain as convenient
passage for vehicles as practicable and to not obStru
the flow OF water in such cutters.
Section 8. And be it enacted and ordained, That
the trolley poles to be erected by said Company shall
I> nd cuhct al
wires shall be strung, insulated and maintained in
the most approved and scienti manner and condi-
ton and SO to afford as far as possible, absolute
Section A. And be it enacted and ordained, That
the laying down and constructing OF said track, and
the building and grading of said road, and the erec-
shall be subject to the approval of the Board OF Alder
men, and any change therein directed by said Board
Section 5. And be it enacted and ordained,
That the entire expense of the construction
and maintenance of said track and road. and
the portion of said streets included therein
and adjacent thereto as aforesaid to be laid
and kept in repair by said Company, as here.
inbefore provided, and the erection and main
tenance of said poles and wires, IN accord
ance with the regulations, restrictions and
reservations prescribed by this Ordinance,
shall be borne by said Company and the said
Company shall be liable for and shall satisfy
all damage to persons or property Occasloned
by its exercise of the rights and privileges
hereby conferred, and shall by Its bond in
the sum of Five Thousand Dollars, with Sc
curity to be approved by the Board OF Alder
men, and renewable from time to time as said
Board may require, indemnify and save harm
less the said Mayor and Aldermen of Fred
erlck from all loss, cost or damage by reason
of the exercise of said rights and privileges
and the use OF the aforesaid streets. or any of
them by said Company for the purposes
herein contemplated: and the approval or di-
rection of the Board of Aldermen, rs herein
before provided, shall not relieve the said
Company of lis sole and exclusive liability in
the premises.
Section 6. And he it enacted and ordained,
That no steam engine SHALL be used by said
Company upon and over the track and road
hereby authorized to be constructed upon
said Streets or any of them, and the speed
of cars and motors operated thereon shall
not exceed six miles per hour.
Section 7. And be it enacted and ordained,
That the rights and privileges hereby granted
to said Company shall be forfeit and void if
the construction of said track and road here
by authorized shall not be commenced by
said Company within one year from the pas
sage of this Ordinance, or if the said con.
struction shall not be completed and the said
railway in actual operation within one year
after such commencement; and the rights and
privileges hereby granted to said Company
shall be forfeit and void as to anv street or
streets, or any part or parts lhereof, upon
which said track and road shall not be laid
down and constructed and in operation by
said Company within one year after the com
mencement of the construction OF said rail.
Ord
rights and privileges hereby granted shall be
subject to revocation by the said Mayor an d
Aldermen of Frederick upon the continued
violation by said Company Of any OF the reg
ulatons, restrictions or reservations herein
contained after due notice thereof has been
served by said Mayor and Aldermen upon
said Company and the refusal or neglect of
SAID Company to comply Herewith in rea-
sonable time.
Section 8. And be it enacted and ordained,
That the said Mayor and Aldermen of Fred
erck hereby reserve full power and authority
to grant to any other railway company or
companies, whose road or roads may be
hereafter constructed, the right and privilege
to use the track and road and trolley poles,
wires, system and motive power, herein con-
tcmplated, or any part thereof, for the same
purposes and to the same extent as the said
Frederick, Thurmont and Northern Railway
Company may he entitled to use the same,so
far as the same may not unreasonably inter
frre with the proper and reasonable opera
ton of the said railway by said Frederick,
Thurmont and Northern Railway Company,
in the prosecution of its business. upon the
payment to the said Frederick, Thurmon'
and Northern Railway Company. by any
company or companies which may subse-
Quently be granted the right and priyilegeto
use said track and road and trolley poles,
wires, system and motive power, or any part
thereof of such charges or compensation, ana
in accordance with such rules aud regua-
tons, as may be agreed upon by said Fred
erck, Thurmont aud Northern Railway
Company and each other company granted
such right and privilege, or as, III case OF dis.
agreement, may be established by board OF
arbitration consisting Of three members, one
to be appointed by said Frederick, Thnrmont
and Northern Railway Company, and by
such other company, and the two thus ap..
pointed to select the third, and the action or
said board ofarbtration in the premises snail
be final and conclusive; provided said Fred
crick. Thurmont and Northern Railway
Company shall not be liable for any injury
or damage to person or property caused ny
such other company its cars, motors or EN-.
ployees while exercising such right and
privilege.
Section 8. And be it enacted and ordained,
That the rights and privileges hereby granted
to the said Frederick, ThurmOnt and North
crn Railway Company shall not be assigned,
transferred or conveyed before said railway
is completed and in actual operation within
the city, without the previous consent OF the
said Mayor and Aldermen OF Frederick.
Section 10. And be it enacted and ordained,
That the said Mayor and Aldermen of Fred
ericn hereby resrrye the rIpht and authority