The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-04-07

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Railroad Company to the satisfaction
OF said City; aud tho said Railroad
Company shall at its own expense,
| keep and maintain in good order and
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 tho said City, In which
its tracks are located between the
rails of its tracks and three feet Oh
either side thereof outward.
Section 5. Nothing in this orai-
nance, grant AMI franchise shall be
construed to be an infringement upon
or interference with the grant and
franchise heretofore made and given
unto the Fairmont and Clarksburg
Electric Railroad Company, It's sue.
cessors. and assigns, OF, TO 1.-The Fair
lhont Gas and Light Company, It's suc-
cossors and assigns. Nor shall the
rights and privileges in and by this
ordinance, grant and franchise, made,
given and granted, be construed rs in
any manner interfering with or aNridg-
Ing the rights and privileges hereto
fore given and granted TO the said
companies aforesaid, or either OF
them; but the rights and privileges in
and by this ordinance, grant and fran
chIse made and given are subject 10
tho rights and privileges heretofore
made and given 10 each Or the above
named companies, their successors
and assigns.
Section 6. In the event 1t shall
become necessary TO construct tho
said railroad 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 t30D
days notice. Of that fact, within which
timo the snid City may remove, re-
locate or bury deeper in tho ground,
said water lines or mains, or either
Of them, If the same be NECESSARY;
the said work to be done at the ex-
! pense' ofesaid Failroad Company,
section {. That as condition OF
this ordinance, grant and franchise. Il
is provided that said city By It's Off
GERS, agents, servants aud workmen,
may so 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 on. over or beneath tho sur.
lace thereof, FOR the purpose Of max
Ling changes or repairing Tho drains
or sewers in or upan said streets,
ways, alleys, grounds. or property OF
said City, or for tho purpose Of lay
ing, lifting, relaylng, relltting or re-
pairing. water or gas pipes or cOnduc-
tors, or making connections herewith,
or for the purpose OF making, repair
ing altering or adding to any other
improvements ,whch"ths 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 any work said City desires to
do and which would be lawful Tor said
City to do in any other street, way,
alley, grounds or properly OF said
city as fully and freely as though ne
grants OF privileges had been made or
! given TO said Railroad Company, but
the plans and Specifications for all OF
such work nust first be approved by
said Railroad Company, and provided
said City shall not do or commit any
unnecessary injury to saiG Railroad
Company in doing and making such
repairs, alterations, additions or i'm.
proyements. y
Section s. Said Railroad Company
shall, whenever and wherever re-
qulred by the Common, Council OF said
City erect, keep and maintain proper
gates where the said Railroad crosses
the streets. ways and alleys Of said
City, and shall likewise, where re-
quired by said Council..'keep a watch
man at such crossings; as may be des
ignated by said Council.
y"section = .. The said Common
Council hereby reserves the following
rights, powers and authorities, viz
1st. To prescribe. regulate and
control the rate of speed, and the
manner of running trains in and
through said City.
end. To grant to other company
or companies, the right aud privilege
to cross the tracks OF said Railroad
Company at. such place'o or places as
It may deem proper.i5r the construe,
ton and operation of other railroad
Or street car lines; the statutes and
laws of the State of West Virginia
shall determine the rights, duties
and privileges of said companies
with respect TO such crossings,
qrd The saId Railroad Com.