Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-11-21


tIse ordinary passAaee 81 its cars with
the Ordinary halts for Tic taking III
and dropping of passengers. When
! ever anything Is done under this sub
section it shall BIO binding upon the
Berkeley Traction company ard its
Successors.
tc) Crossings shall be permitted
over the lines of said company BIZ
other companies. when authorized by
the common council.
ID. If the said company does not
comply with any of the provisions Of
this ordinance, or any other ordinance
not in conflict herewith that may be
passed hereafter, then such franchise
may be voided, as herein provided,
or the exclusive privilege to occupy
such streets shall revert. after notice.
- herein provided for by the common
council. 10 the corporation of Mar
tinsburg.
Sec. 10. That within sixty days aft
er the passage of this ordinance
and before work upon said railway
shall have been commenced, there
shall be deposited with the CITY clerk
Of the corporation of Martinsburg,
the sum Of two thousand dollars ($2,-
100000 which money shall be depos-
tied in some banking institution agree
able to the corporation Of Martins
burg in its name, as guarantee that
such work shall be begun and the
road in operation as set out in sec
ton fourteen, and which shall become
forfeited at any time the company
does not comply strictly with this or
dinance, or such other ordinances as
may be passed from time to time not
in conflict herewith. Until said tract
ioI company shall have made the de-
post with the city clerk, as aforesaid,
it shall not be entitled to the rights
and privileges granted by this ordi-
nance. Any interest accruing upon
the deposit of this money shall be
paid to the said traction company
until such time when said fund shall
become forfeited and be the property
of the corporation of Malrtinsburg
This forfeiture shall be regarded as
liquidated damages in addition to all
other forfeitures and damages herein
contained Sixty days notice as here's
inbefore specified shall be given said
company by he common council of
any forfeiture hereunder; except such |
notice shall not be necessary if such |
forfeiture be made for the reason that |
said company has not begun the con-
struction of or has not completed and |
operated the road within the specified |
time. As soon as such deposit shall |
have been made with the city clerk, |
be snall report the same immediately I
to the common council. If such fund !
shall at any time become forfeited,
then the same shall Immediately be
replaced by the traction company by
a fund of equal amount before such /
shall continue to enjoy the |
privileges granted hereunder. Such |
additional deposit, however, shall not /
prevent a forfeiture of the franchises
granted, if the common council so de- |
termine. Except as to the forfeiture !
to begin and operate said road, the |
forfeiture of such fund shall not oc- I
cur in case of unavoidable accidents
Or strikes.
Sec. H. That to maintain order up
on the cars of the company, the cor
of Martinsburg, through its
common council, will pass such ordi- |
nances as from time to time it may |
deem proper.
Sec. IS. That all ordinances and
parts of ordinances in conflict with
this ordinance are hereby repealed
Sec. 10. That this ordinance shall
be in effect from and after its pass
age