The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-04-05
PROPOSED ORDNANCE FOR
BucKHANNoN g. NORTHERN
RAILROAD COMPANY


Company. a corporation, Its successors
and assigns, the right 10 construct
maintain ana operate y railroad
Trough the City Of Fatrmont.
BE 1t orIaneG by tn, Commo.
Council CT the City of FairmOnt:
section /. Thai iae city Of Fail
mont hereby grants unto the Buckhan
non and Northern Railroad Company
corporation, organized and existing
under the laws OF West Virginia, its
successors and'assig4s, the right and
privilege to construct, maintain and
operate, for the term Of fifty t50),
yeats, and no longer, a railroad,
through the said City of Fairmont, and
across the public streets. ways. al
leys, river banks, grounds and prop.
erty Of and belonging to, or controlled
by, said city, and TO locate and es:
tablish depots, warehouses;, and other
necessary buildings within said city
upon lands condemned. purchased or
donated for said last named purpose.
This franchise and grant is subject,
however, to The. provisions, restrictions
and limitations hereinafter contained.
Section la. The said Buckhannon
and Northern Railroad Company, its
successors and assigns, shall not con.
struct, maintain and operate its rail.
road over upon, along and across
Water street in the First ward Of said
City, except that it shall have the
right to construct, maintain and oper'
ate its said railroad across the said
Water street, either on grade or
above grade, at sufficient height to
accommodate aud permit all travel on
and upon said Water street. by all
persons, either by wagons. vehicles,
carriages. street cars, or otherwise, at
the point or place between the juno.
ton of Merchant street with Water
street and the junction OF Market
street with Water street, and It shall
not construct It's said railroad, at,
along, upon or across any part Of said
First ward between Watc. street and
the Monongahela river sodth Of Mar
ket street.
Section .. AT all points where the
said railroad passes across any of the
streets. ways or alleys. CT said City,
the said railroad company in the con-
struction and maintenance OF the said
railroad across such streets, ways or
alleys shall do as little damage to
such street, way or alley as possible,
and shall make as little change IN the
grade Of such street, way or alley at
the point OF crossing the same as is
consistent with the established grade
Of suid railroad, and said Railroad
Company shall al the place where said
railroad crosses such street, way or
alley, put, place and establish suit
able crossings over said railroad track
for the entire width of said street, and
shall keep and maintain such cross
ings in good order and repair. Where.
in crossing such street. way or alley,
it shall be necessary either to make a
cut or make I'LL in such street. way
or alley. the said Railroad Company
shall grade such street, way or alley,
oil either side Of said railroad track
so as to leave such street. way or al
ley, Gfter the construction Of said rail-
road with as good grade as Is possible.
Said work 10 be done under the direc-
ton and supervision Of, and 10 the
satisfaction of the Engineer of said
City. All sidewalks and payements OH
apd along any Of the streets, ways.
alleys or grounds across which the
said railroad Is constructed, maintain
ed and operated which are removed or
destroyed in constructing the. same,
shall be replaced by said railroad
company upon the same grade as that
Of such street, way, alley or grounds
after the same has been graded, as
hCreinbefoIe provided; ald suitable,
safe and convenient walk.ways shall
be provided, kept and maintained by
said railroad company across said
railroad track OH the streets, ways,
and alleys Of said city, wherever side.
walks or pavements are now laid or
that may hereafter be Iaid
Section g. Wherever the said rail
road shall cross the track OF the Fair
mont and Clarksburg Electric Rail
road, the said Buckhannon and North
ern Railroad Company shall provide,
place and establish suitable safe and
proper cross0veY and shall keep and
maintain such crOss-overs al all times
IN good order and repair. In case it
shall be necessary TO change the grade
of any street, way or alley, at the
point Of crossing such Electric Rail-
read track, said Railway Company