The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-10-14
THE PROPOSED AMENDMENT 10,
ORDINANCE GRANTED TO b. g
" r. r. Cob CITY OF FAIR
MONT.

AN oRDINANCE,to amend and re
enact sections two, three, -FOUR anu
eight and nlne-a Of the ordinance
passed by tho Common Council of the
& City OF FaIrmont, on the 18th day Of
April, 1913, cntitled IAN Ordinance,
granting to the Buckhunnon and
Northern Railroad Company, cor
roration. its SUCCESSORS and assigns,
the right - construct, maintain and
operate rairOHd through the City
Of Fuirmont."
DO II ordaipcd by the Common
Council OF tho City Of Fairmdnt:
That cectioug two, three, four and
tisht and nirc-a Of the ordinance
passed by III Common Council Of the
operate Il railroad through the
City OF Fairmont on the 18th day OF
April, 1913, entitled IAN Ordinance,
granting to the ,buckhannOn and
Northern Railroad Company, a cor
Eoration, its Successors and assigns,
tho right TO construct. maintain and
City OF Fairm9nt," be and the same
arc hereby amended and rP-cnactCl
sc o. TO read as follows:
Section 2. AT the points where
the, said railroad passes across "a :
y,street, Now street. Water street and
Newton street, the proposed new 10.
cation Of Ferry street and Merchant
street, il shall be so constructed ard
maintained across each of said
streets above grade, that is, at suffi-
cont height above the grade Of
said streets so as 10 accommodate ana
Ycrmit allvtreyel on and upon said
streets, by all persons, either ~
wagons. vehicles, carriages, street
ours, automobile or otherwise, undo
said railroad.
The saiG Railroad Company in con-
struction and maintenance of tic
said railroad across said streets, shall
do as little damage said streets
as possible and shall make as little
change in the grade Of such Streets
at the point Of crossing the same
MS is, consistent with the established
grade of said railroad. Where Ia
crossing said streets, it shall be nee
essary either to make cut or make
fill In said streets, the said RalI-
road Company shall for sufficient
distance. grade the said streets on
either side of said railroad track SO
as to leave the said streets after the
construction OF said railroad. with
as good grade as possible, and Shall
SO grade said streets as to. permit al!
travel on, over and upon said streets,
by persons, wagons, vehicles, car
riages, automobiles and otherwise.
the same as nearly as possible as such
travel is now afforded and permitted
on, over and along the same
Said work 10 be dong under thu
direction and Supervision of, and to
the satisfaction of tho engineer OF
said city. All sidewalks and pave
ments on and along any of the
streets, ways. alleys or grounds
across which the said railroad is coll
structcd, maintained and operated,
hich arc removed or destroyed IN
constructing the same. shall be re-
placed by said Railroad Company
upon the same grade as that OF Suc'l
street, way, alley or grounds, after
the same has been graded, as hereto
fore provided. =,
And il the saiG Ratlroad Company
in crossing Water streRtEa: or near
the intersection Of Water street. Mer-
chant street, MOrgantOwn avenue,
East Park avenue and New stree,
shall so change the grade OF Water
street as to make it necessary. 1.-THE
opinion of the city engineer Of the
city, of Fairmont, to change or alter
the grade or grades OF MorgantowE
avenue, Merchant street. Water
street, East Park avenue or New
street, for any distance or distances,
said Railroad Company shall, and it
It hereby agrees 10, make any and
all necessary changes and alterations
in the grades OF Merchant street.
water street, EuSt IuIh HN'H"''
Morgantown avenue and New street,
or any OF them, so made necessary
for the following respective distances
viz: On Merchant, street to The
north line Of Gurry street, or suffi-
cicnt additional distance to secure
and provide an eight per cent grade
en- said newly constructed Merchant
street; on MOrguntown avenue for
about four hundred feet; on East
Park avenue for about three hun
bred feet, and on Water street for
about three hundred feet and make
proper approach to New street. and
take up aud relay the brick pave
ment thereon and the sidewalks
thereon and make all necessary
changes, additions. alterations and
repairs in and to all sewer, water,
telephone and telegraph lines, either
public or private, at its own expense
under the direction aud to the salts
faction OF the city engineer: the said
work to be done within ninety days
after the change in the grade OF