The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-04-05


'elald replaced and repaired by said
Railroad Company 10 the satisfaction
Of said City; and the sald Railroad
Company shall at its cwn expense,
keep and maintain in good crde" aud
repair with the same material that the
City uses. paving when and where the
City paves that part OF the streets,
ways, alleys, crossings, sidewalks, and
property OF the said City, in which
It's tracks are located between the
rails of Its tracks and three feet Oh
either side thereof outward.
Section 5. Nothing in this ordi-
nance, grant and franchise shall be
construed to be IN infringement upon
or Interference with the grant and
franchise heretofore made and given
unto the Fairmont and Clarksburg
Electric Railroad Company, its sue
cessors and assigns or to the Fair
mont Gas and Light Company, its sue
cessors and assigns. Nor shall the
rights and privileges in and by this
ordinance, grant and franchise. made,
given and granted, DO construed as in
any manner interfering with or abridg-
ing the rights and privileges hereto'
fore given and granted to the said
companies aforesaid, or either. Of
them; but the rights and privileses(n
and by this ordinance. grant aud fran
chise made and given are subject 10
the rights and privileges heretofore
made and given 10 each Of the above
named companies, their successors
and assigns.
Section g. In the event 1t shall
become necessary to construct the
said raihcud over and across any OF
the water lines, or mains OF said city,
the said Railroad Company shall give
to the said City at least thirty 1907
days r1ticc CT that fact, within which
time the said City may remove, re-
locate or bury deeper in the ground,
said water lines Or mains, or either
Of them, if the same be necessary;
the said work to be done at the e..
pensc of said Railroad Company.
Section :. That as a condition Of
this ordinance, grant and franchise, it
is provided that said city by its OIL
GERS, agents. servants aud workmen,
may 60 and enter upon the said Rail.
road, switches. and tracks which may
be upon any Of tho streets, ways
alleys, grounds and property OF said
City, and en-. over or beneath the sur
face thereof. for the purpose OF max
ing changes or repairing the drains
or sewers in or upon said streets,
ways, alleys. grounds or property G.
said City, or for the purrose OF lay
Ing, lifting, relaying, rollttinS or re-
pairing, water or gas pines or condue'
tors, or making connections herewith,
or for the purpose Of making. repair.
ing, altering or adding 10 any other
improvements which the said city has
or may wish to have or place In such
streets, ways. alleys, grounds or prop
erty Of said City, or for the purpose
of doing a3y work said City desires TO
do and which would be lawful FOR said
city TO do in any other street, way,
alley, grounds or property OF said
city, as fully and freely as though no
grants or privileges had been made Or
given 10 said Railroad Company, but
the plans and specifications for all Of
such work must first be approved ny
said Railroad Company, and provided
said City shall not do or commit any
unnecessary injury 10 sad Railroad
Company in doing and making such
repairs, alterations, additions, or im'
proyemenls.
"Soclon s. Said Railroad Company
shall, Whenever and wherever re-
CURED by the Common Council OF said
city. erect. keep and maintain proper
gates where the SAID Railroad crosses
the streets, ways. ami alleys of said
City, and shall likewise, where Te-
ouired by said Council, keep watch
man at such crossings as may be des
ignnted by said Council,
section 3. The said Common
Council hereby reserves The following
rights, powers and authorities, VIZ
lst To prescribe, regulate and
control the rate OF speed, and the
manner of running trains in and
through said City
md. To grant to other company
or companies. the right and privilege
to cross the tracks Of said Railroad
Company at such place or places as
it may deem proper for the construe,
ton and operation Of other railroad
or street car Ines The statutes and ~
laws of'the State 81 West Virginia 4.
sb1lIs defermipe the rights, duties