Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1908-02-27
RAILROAD ORDINANCE As
PASSED BY TOWN COUNCIL

WHEREAS III OrQ6r W Hdho SuOn
cha 20 II is necessary for said Rail
way Company to cross over High,
German, Mill and New Streets and
Union Alley in said town, as will ap-
pear from a map designated:
Norfolk 81 Western Ry.
Shenandoah Division
Map and Profile ofproposed change
of line between
NJ. P. Is & NJ. p. II
near
ShepherdstowD
and now filed with the said Town
Council of Shepherdstown and to be
treated as part of this Ordinance. and
to effect said change the said Railway
Company has pet.tioned the Town
Council If Shepherdstown to grant 1t
permission to cross the said Streets at
the points and in the manner shown on
said map.
Now THEREFORE be it ordained by
the Mayor, Recorder and Common
Council of Shepherdstown, West Vir-
ginia, that the Norfolk q Western Rail-
way Company be and is hereby granted
the right to cross over the said streets
and to construct on the new line OF said
road, single track railway across
Union Alley, New Street, Mill Street,
German Street, and High Street in
said town, at the points and in the
manner shown on said map hereinbe-
fore referred to as a part Of this ordl-
nance, that is to say. the crossings
shall be as follows: Union Alley about
level; New Street at grade; Mill Street
at an elevation of six inches higher
than the present old track, with level
grade on the east and a seven per cent
grade on the west; German Street &C
an elevation of two and three -tenths
feet above the present street with a
level grade on the east and seven p r
cent grade on the west, and High Street
at an elevation Of seven and half feet
above the present street and an eight
per cent grade on the east, and level on
the west, these being the grades and
elevations shown on said map herein
before referred to as part of this or
dinapce.
No grant to cross College Street is
made to said Railway Company at
this time, because survey Of the town
now being made has not been complet-
ed, and also because questions con-
cerning College Street are involved in
litigation pending in the Circuit Court
of jefferson County, West Virginia.
This ordinance is passed and made
subject to the following conditions:
(a) That the Norfolk 81 Western
Railway Company shall be and is here
by required to promptly and properly
make and grade up the approaches to
the said Streets and Alley so to be
crossed by it to conform to the new
track to be constructed, and the said
Railway Company shall from this
date always m n n said ap-
proaches for an average distance Of
fifteen feet from the center line on
each side o. the said track, such grade
not in any case to exceed an angle of
fifteen degrees.
(b) That the said Railway Company
shall be and is hereby required to make
and maint ain payemerts and cutters,
just as any individual citizen is re-
quired to make and maintain, in front
of any property so owned by the Com
pany abutting on any of the streets 30
crossed.
(c) That in the grant of the right to
cross the said streets and alley 1t Is dis.
tinctly understood and covenanted that
the Corporation Of Shet herdstown
does not assume or admit, but express
ly disclaims any liability to any lndi-
yidual property holder or citizen by
reason of the construction and operation
of said Railway over and across the
said streets and alley.
(d) That at the crossing OF said
streets and alley, there shall be no dips
in the spaces between the old track and
the new tracx, but the slopes shall be
as nearly uniform as possible, and
wherever it is necessary, the spaces be
tween the old track and the new tracks
should be filled Ia solidly, but in any
event there are to be on dips in the space
between the said tracks.
(e) That in this grant OF the right to
90 across the said streets and alley, it is
distinctly understood and oovenanted
that the Corporation of Shepherdstown
is not only to be relieved of, but the
Railway Company to assume, all liza
bility, if any, that may be occasioned
any citizen or property holder of said
town, by reason of this grant and the
and operation of said
Railway over aud across the said
streets and alley.
(fD That the said Norfolk & West.
ern Railway Company shall, as soon
as it completes its track and begins the
running Of trains thereon, place, keep
and maintain one daily watchmau at
the place where the new track crosses
Washington Street for the purpose of
avoiding danger to the travelling pub
lie.
(g) That the old track of the Norfolk
& Western Railway Company, so far as
it crosses German Street, shall, from the
one end to the other end of that street,
be taken up, removed and abandoned
permanently by the Norfolk q West
ern Railway Company, and that part
Of the said German Street now occupi-
ed by the said Railway Company for
its old track, shall be repaired. leveled
and regarded by the Norfolk 81 West
ern Railway Company between the
point where The old track now is, in
cluding the land occupied by it to the
new track herein granted, aud the
SAID WOrk on REMOVAL anu VI IoBIaolnS ,
shall be done and completed within
two years from the passage OF this or
dinance, and the said Norfolk q West
ern Railway Company hereby releases
all riL ut, title and claim to cross said
German Street, except as hereinbefore
provided. The parts of the old track
left north and south Of German Street
shall be used only as siding or spur
for industrial or warehouse or other
local purposes; the true intent and
Of this condition being that in
order to avoid annoyance and danger
ITO the people of the town Of Shepherds
town, the crossing at German Street,
as now located by the old track, shall
lbe abandoned, and the old track lying
south of German Street and North
thereof, shall be abandoned for general
purposes of transportation, either OF
freight or passengers, and is to be used
only for present existing local indus
trial purposes, and for such future in.
dustries as may be hereafter established
along the line of the old track