Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-10-26
AN ORDINANCE.

An ordinance empowering ana ~
structinG the Mayor OF the CRY o!
Alexandria to execute a contract %
behalf OF the City Council Of Aie*an-
dria with the Southern Hallway COM
pany, in reference TO the construction
maintenance and operation OF Ger
tain sidetrack.
Be il ordained by the City Council
of Alexandria:
Section %. That the Mayor OF the
City OF Alexandria be and is hereby
instructed to execute a contract OF
behalf of the City Council Of AieXan-
dria with the Southern Railway Com
pany: the said contract to read as
follows:
This agreement made and entered
into this. day of 49,, l9l2' D.
and between the Southern Rai!waE
Company % corporation organized ana
existing under and by virtue OF the
laws OF the State or Virginia. here
matter for convenience styled the,
Railway Company, party of the hrs'
part, and the City Council Of AleNan-
dria Virginia, party Of the second
part.
Witncsseth, that the Railway Com
pany. for and in consideration of the
covenants Of the party OF the secon"
part, hereinafter expressed, agrees:
~. That it will lay. construct and
operate an industrial track 1T AleXa1-
dria, in the State of Virginia. 10 spring
from the Union street track OF the
Railway Company at a point near
Pendleton street, in said city. and to
extend across Pcndleton and
Oronoco streets into the property OF
the said party OF the second part,
known az the City Gas Works.
And the party Of the second part
hereby covenants and agrees. in con-
sideration Of the advantage to be by
it derived from the operation or said
Industrial trcstle track
CD That as condition precedent
20 any obligation on the part or the
Railway Company to begin the con-
struction and operation OF said in
lustrial trestle track. the party or the
second part shall advance and pay
to the Railway Company upon de-
mand, the sum OF thirty-onc hundred
(s3. 10000 dollars. said sum being
one-half the estimated cost OF the con-
struction OF said Industrial tres;lc
track: provided. however, that if the
actual cost Of the CONSTRUCTION or said
industrial trestle track shall upon
completion thereof be found to be less
than, or in excess Of the said cstl-
mated cost. the one half the differ
ru1 nd eSti-
mated cost shall. # the actual cost IN
excess of the said estimated cost be
paid to the Railway Company by the
Marty of the second part prompt! upon
demand, but If the actual cost Is less
than the said estimated cost. such d'i-
ference shall be repaid to the part!
of the second part by the Railway com
many. after the completio nof said in
.dustrial trcstlc track. 1t being under
stood that the said Industrial trcstie
track shall be constructed upon the
following basis, i. e., the party or IN"
second part shall pay one"half the
actual cost Of construction in the first
Instance.
(3). That the Railway Company
ehojl have entire control OF gaid indus
trial trestle track and the operation
thereof. and may use the same as wei
,or the business OF third persons, not
,arties. hereto as for that Of the par
~ of the second part hereto: provided
however, that such Use OF said ihhuS-
,rfai trcstlc track for the benefit OF
.hird persons shall not urrehsohabl!
Interfere with the business of the party
=. the second part.
a. That the party OF the secoh"
art will indemnify and save harm-
r.;s the Railway Company against
.ny ana all damages resulting from
.agligencc OF the party OF the sccoHu
art its servants and employees III
MI about said industrial trcstle track
nd the right OF way therefor. ahc
furthermore, against any and all claims
demands. suits, Judgments or Sums "a
money accruIng for loss or damage d!
,r. communicated bly, locomotive en-
.ius or trains OF Railway Company to
,;iIdings used by the party or the
second part, in connection Win the
business served by said industriisi
ros{lc track, or to the contents OF
.uch buildings. or to other propcrt!
.,ornd by o. with the consent or tn'
arty OF the second part upon or hea'
aid Industrial trcstle track. the Ral
.ay Company hereby stipulates 1o'
lis protection. az Il condition OF III
c.rccmcnt. herein expressed, TO az
.ord the above described tcrmiha! ser
vices and facilities to the party or tn
,acond part elsewhere than ut its. reg
,.lar station.
80 That the party Of the secon'
Dart will ship. or cause to be Shipped
aver the lines of the Railway Conpah.
aid its connections. all frciGhts use'
~ produced IN or about the business
| Of the party of the second part; pro
| v!dcd hwcvcr.tha rate are aiior"co
| ;;aid party of the second pare D! LII
| railway Company, which are NOT III e%
cess OF those of competing carrier
| FOR similar services performed uhde
| substantially similar circumstance
and conditions.
CO. That IN said party OF the sec
0nd part shall, At its own expense al"
| cost. maintain the said trestie tfacI
! and keep the same at all times IN re
| pair. And it Is mutually covenants
and agreed:
% That either party hereto ma
l any tlnl