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Wheeling Railway Company Ordinances


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▼ City Ordinances: Wheeling Railway Company


 - from Laws and Ordinances for the Government of the City of Wheeling, West Virginia, Intelligencer Publishing Company, 1901
 

WHEELING RAILWAY COMPANY.


AN ORDINANCE Granting to the Wheeling Railway Company the Right to Construct a Street Railway On the Streets of the City.

(Passed August 9th, 1887.)

Be it ordained by the Council of the City of Wheeling:

Section 1. That in consideration of the agreements and restrictions herein contained on the part of the Wheeling railway company, there is granted on the part of the said city to the said railway company, its successors and assigns, the right and privilege of constructing, maintaining and operating street railway tracks on and over all or any of the streets of the said city hereinafter specified, and of running cars on the same, subject, however, to the agreements, conditions and restrictions which are imposed and mentioned in this ordinance. The streets on and over which such right is granted are as follows: Commencing at the eastern end of the Wheeling and Belmont bridge; thence to the intersection of Tenth and Main streets and running thence along Main street to its intersection with Twenty-seventh street; thence along Twenty-seventh street to its intersection with Eoff street; thence along Eoff street to its intersection with Thirty-ninth street: thence along Thirty-ninth street to its intersection with Wood street; thence along Wo.od street to is intersection with Forty-third street; thence along Forty-third street as far as opened to its intersection with Jacob street; thence along Jacob street to the southern limits of the city, also on and over Virginia street and any of the streets on Wheeling Island running north and south. Provided, That the said Wheeling railway company shall, in good faith, actually commence the work of making said railway track within four months from the date of the passage of this ordinance, and have the same completed and street railway cars in good faith running on the same within twelve months from such date on Main, Eoff and Jacob streets, or on one or more of them, for a distance of 220 rods at least, and that the cars or other vehicles placed or run on said railway shall be propelled by electrical power, to be applied according to any system now in use in other places and which may be adopted by the railway company with the approval of the board of public works and the committee on streets, alleys and grades; that the gauge of the said railway shall be five feet and two inches and not more or less; that the wagon tread of the rail shall be three inches in width, and that said company shall charge only a five-cent fare for adults upon its line in the city of Wheeling, excluding the portion thereof in the Seventh ward.

Sec. 2. That the council of the city of Wheeling, or other corporate authorities of said city, shall and will not during the term of fifteen years from the time of the passage of this ordinance, tax the capital stock of the company belonging to the company, or the railways or tracks, cars, motors, depots or standing grounds of the company, nor will the council or other corporate authorities of the said city tax any other property of the company, real or personal, at a greater or higher rate than they tax like property belonging to others than said company; and that the said city authorities shall and will not during the said term of fifteen years lay or levy any tax, charge or burden upon the tolls, fares, profits or business of the said company, or upon persons or property because or by reason of the same being carried or conveyed, or intended to be carried or conveyed on the railway or cars of said company. But nothing herein mentioned is to be so understood or construed as to impair the rights of the council or authorities of the said city to tax the capital stock of the said company, or the profits arising from its business when the same is in the hands of or belonging to individuals or other corporations in Wheeling as the separate property of such corporations or individuals.

Sec. 3. It is still a further condition of the grant of the ;privileges aforesaid to the said Wheeling railway company, that the said city, by its officers, agents, servants and workmen, may go or enter upon the railway, switches, turn-tables, track or tracks of said railway company, which may be upon any of the streets or property or grounds of said city, and on, over or beneath the surface thereof, for the purpose of making changes or repairing the drains, sewers in or upon such streets, grounds or property of said city, or for the purpose of laying or lifting, relaying or relifting and repairing water or gas pipes or conductors or making connections therewith; or for the purpose of making, repairing or altering any other improvements the city has or may wish to have or place in the said streets or grounds or other property of said city; or for the purpose of doing any work said city desires to do and which it would be lawful for it to do in any other street, grounds or property of said city, as fully as though said grants, or any grants or privileges had not been made to said Wheeling railway company. Said Wheeling railway company shall not be entitled to any compensation or damages from said city for any losses by reason of the running of its cars being prevented, or their business otherwise being interrupted or injured by said city while doing any such work or making such alterations, repairs or improvements; the said'eity, however, not doing or committing, by needless delay, or otherwise, any unnecessary injury to said Wheeling railway company's business in doing such work or making such repairs, alterations or improvements, and the said city, in such cases, shall also make the necessary and proper repairs to the street at its cost.

Sec. 4. That when the said railway company in laying down its tracks or in repairing the same, or on any other occasion shall take up or injure the streets or grounds or pavements of the city, the same shall be relaid and repaired by the said railway company to the satisfaction of the board of public works; and that the said railway company shall so construct its tracks upon the streets hereinbefore mentioned that the top of its rails shall be on a level with the surface or plane of the street on which it runs, and the said railway company shall at all times hereafter, at its own expense, pave, keep and maintain in good order and repair with the same material as the city uses, to the satisfaction of the board of public works, that part of the streets and grounds of the city on which its railway is located, and which is between the rails of the track and one foot outside thereof. And privilege is hereby granted to the said railway company to construct and maintain such switches on the streets hereinbefore mentioned as may be required for the business of the company. That the said company shall lay its tracks on South Main street and pave the same at the same time that said street is being paved by the city, o: refund to the city the cost of the same.

Sec. 5. That any crossings of the tracks of any other railroad company, or companies, which may be necessary in constructing the tracks of the Wheeling railway company on and over the streets hereinbefore mentioned, shall be made in such manner as shall be directed by the board of public works of the city, in case such crossings cannot be agreed on between the railway companies interested.

Sec. 6. That the cars and motors of the Wheeling railway company shall be entitled to its track, and every wagon, cart, dray, carriage or other vehicle whatsoever, shall with reasonable dispatch give way and turn out when any motor or car of said company is approaching, so as to leave the track free and unobstructed; and the driver of any vehicle refusing so to do, when signaled or requested by the driver of any such motor or car, or the person in charge thereof, shall forfeit and pay to the city a fine of not less than one dollar nor more than five dollars.

Sec. 7. It shall be unlawful for any person or persons to place or cause to be placed any obstruction upon the tracks of the said company so as to impede or endanger the passage of its cars on or over the said tracks, except as is provided in the third section of this ordinance.

Sec. 8. It shall be unlawful for any person or persons willfully to cut, break, deface or injure any car, motor or other property of any kind whatsoever, belonging to said company.

Sec. 9. It shall be unlawful for any person or persons to utter or speak any lewd or filthy words, or in any way interfere with the comfort of passengers on or in any car of said company, or to enter or be in any car in a state of intoxication or drunkenness.

Sec. 10. It shall be unlawful for any person or persons to smoke tobacco or other substance in any form, in any passenger car of said company, or on the front platform thereof.

Sec. 11. Any person offending against any of the provisions of the seventh, eighth, ninth or tenth sections of this ordinance, shall forfeit and pay to the city a fine of not less than one nor more than ten dollars; such fine to be recovered as provided in the twentieth section of "'an ordinance to prevent certain improper practices therein specified."

Sec. 12. It shall be lawful for any driver or conductor of any passenger car of said company, or the person in charge of such car, to eject from such car any person or persons offending against the ninth or tenth sections of this ordinance.

Sec. 13. The council of the city of Wheeling will, so far a? it may have the power to do so, enact proper additional ordinances declaring under proper penalties that wagons, drays, carriages and other vehicles shall give way to the cars and motors of the railway company, and for the protection of the said company in the free and unobstructed use of its said railway.

Sec. 11. It is a further condition of the grant of said privileges to said Wheeling railway company, that said Wheeling Railway Company shall save harmless the said city from all suits, actions, loss, damages, costs, charges and expenses of every kind, from or by reason of injuries to person or property owing to the existence of the tracks, switches, turn-tables or cars of said Wheeling railway company, in the streets of said city, or by reason of the manner of the operation of their road by such Wheeling railway company, or by reason of the negligence of said Wheeling railway company, their servants or agents.

Sec. 15. The Wheeling railway company shall not be entitled to the benefits, rights and privileges by this ordinance granted them by the city of Wheeling, unless they shall before the first day of October, 1887, file with the clerk of said city a copy of a resolution passed by their board of directors, in form satisfactory to the clerk of said city, certified to be such copy by their president and secretary, with the corporate seal of the company affixed thereto, accepting this ordinance, and agreeing that said Wheeling railway company will comply with all the conditions and provisions of this ordinance pertaining to said Wheeling railway company, and will do and perform all things that said Wheeling railway company is required to do by this ordinance, and refrain from doing those things it is by this ordinance prohibited from doing.

Sec. 16. Should the Wheeling railway company fail to fulfill and perform the conditions of this ordinance, or comply with the requirements thereof upon them, or do those things they are by this ordinance prohibited from doing, the said city may give Wheeling railway company notice of its intention to repeal this ordinance, and revoke and annul all the rights, powers and privileges by this ordinance given by said city to said Wheeling railway company, and stating in such notice in what respect said Wheeling railway company have failed to fulfill and perform the conditions of this ordinance, or to comply with the requirements thereof upon them, or wherein they have done any of those things they are by this ordinance prohibited from doing. At any time after three months from the service of such notice upon the president or secretary of said Wheeling railway company, the council of said city may repeal this ordinance, and revoke and annul the rights, powers and privileges by this ordinance given by said city to said Wheeling railway company: Provided, however, That if said Wheeling railway company, before such repeal and revocation and annulling, shall fulfill and perform the condition or conditions in this ordinance said notice alleges they have failed to fulfill or perform and shall comply with the requirements of this ordinance said notice alleges they have failed to comply with, and shall cease at once on receipt of such notice, to do any of those things that they are prohibited from doing by this ordinance, which notice states they have been closing, said council shall not have power to repeal this ordinance and revoke and annul the rights, powers and privileges thereby given by said city to said Wheeling railway company. Nothing is granted to said Wheeling railway company other than the privileges herein plainly and expressly set forth, and they are entitled to no right or privilege hereunder by implication. The city of Wheeling hereby reserves the right at any time hereafter to amend this ordinance and to enforce the same by such penalties as said city may hereafter see fit to impose: Provided, however. That no amendment hereto shall be made that shall deprive said company of any of the privileges conferred upon them by this ordinance. But such rights and privileges shall be exercised in accordance with and subject to such regulations and restrictions as are herein contained, and such additional ones as said city may hereafter prescribe.

Sec. 17. All ordinances and parts of ordinances, in so far as in conflict with this ordinance, are hereby repealed.

Sec. 18. This ordinance shall be in effect from the time of the filing with said clerk of the copy of the resolution named in the fifteenth section of this ordinance, provided the same is filed before the first day of October, 1887.

ACCEPTANCE AND AGREEMENT.

Resolved, That the Wheeling railway company, a corporation under the laws of the State of West Virginia, hereby accepts an ordinance entitled "an ordinance granting to the Wheeling railway company the right to construct a street railway on the streets of the city," passed by the council of the city of Wheeling on the 9th day of August, 1887, and the said corporation, the Wheeling railway company, hereby agrees that it will comply with all the conditions and provisions of the said ordinance pertaining to it, and will do and perform all things that it is required to do by the said ordinance, and will refrain from doing those things it is by the said ordinance prohibited from doing.

In witness whereof, and in pursuance of a resolution of the board of directors of said Wheeling railway company, passed on the 20th day of August, 1887, I, Joseph Speidel, president of the said Wheeling railway company, and I, John M. Sweeney, secretary of said company, hereby certify that the foregoing is a true and correct copy of a resolution passed on the above date by the board of directors of the said Wheeling railway company.

Given under our hands and the corporate seal of said company, this 20th day of August, 1887.

JOSEPH SPEIDEL,

President.

[Corporate Seal.] JOHN M. SWEENEY,

Secretary.

Filed with me, in my office, August 20th, 1887.

FRANK W. BOWERS, City Clerk.


WHEELING RAILWAY COMPANY.

(Passed December 11th, 1888.)

AN ORDINANCE Granting to the Wheeling Railway Company the Right to Construct a Street Railway On Jacob Street From Forty-second to Forty-third Streets.

Be it ordained by the Council of the City of Wheeling:

Section 1. That, in consideration of the agreements and restrictions herein provided for, on the part of the Wheeling railway company, there is granted on the part of the said city to the said railway company, its successors and assigns, the right and privilege of constructing, maintaining and operating street railway tracks on and over Jacob street between Forty-second and Forty-third streets, inclusive, and of running cars on the same, subject, however, to the agreements, conditions and restrictions which are imposed and mentioned in an ordinance entitled "an ordinance granting to the Wheeling railway company the right to construct a street railway on the streets of the city."

Sec. 2. The said Wheeling railway company shall not be entitled to the benefits, rights and privileges by this ordinance granted by the city, unless it shall, within six months of the date of the acceptance of this ordinance, complete the construction of tracks and operate cars thereon, on and over the following route, that is on Twenty-seventh street from Chapline to Eoff street; thence on Eoff street from Twenty-seventh street to Thirty-ninth street; on Thirty-ninth street from Eoff street to Wood street; on Wood street from Thirty-ninth street to Forty-third street, and on Forty-third street to Jacob street, subject to the agreements, conditions and restrictions which are imposed and mentioned in an ordinance entitled "an ordinance granting to the Wheeling railway company the right to construct a street railway on the streets of the city."

Sec. 3. The failure to use any of the streets named in this ordinance for a period of six months shall constitute a forfeiture of all right to use said street under this ordinance.

Sec. 4. The said Wheeling Railway Company shall not be entitled to the benefits, rights and privileges by this ordinance granted by the city until it shall first pay to the city receiver a sum which shall be fixed by the board of public works, which sum shall be the pro rata which would have been paid by the saidWheeling Railway Company for the bricks upon the right of way herein granted had they built their road before said right of way herein granted was paved by the city.

Sec. 5. The said Wheeling Railway Company shall not be entitled to the benefits, privileges and rights by this ordinance granted by the city unless it shall, before the first day of January, 1889, file with the city clerk of said city a copy of a resolution passed by its board of directors, certified to be such copy by the president of the company, accepting this ordinance and agreeing to comply with all the provisions and conditions hereof pertaining to it, to perform all things it is by this ordinance required to do, and to refrain from doing those things it is hereby prohibited from doing.

ACCEPTANCE AND AGREEMENT.

Wheeling, W. Va., December 18th, 1888.

At a meeting of the board of directors, held December 13, 1888, the following resolution was carried:

Resolved by the Board of Directors of the Wheeling Railway Company, That the ordinance passed by the council of the city of Wheeling, on the 11th day of December, 1888, entitled "An Ordinance Granting to the Wheeling Railway Company the Right to Construct a Street Railway On Jacob Street, from Forty-second to Forty-third Streets," be and the same is accepted by this company and board, which hereby agree to comply with all the provisions and conditions of said ordinance pertaining to this company, to perform all things this company is by the said ordinance required to do, and to refrain from doing those things it is by said ordinance prohibited from doing.

Resolved, That the president of this company at once file with the city clerk of the city of Wheeling a copy of the foregoing resolution, certified by the president to be such copy.

I certify the foregoing to be correct.

J NO. M. SWEENEY, [Corporate Seal] President.

Filed December 19th, 1888. F. W. BOWERS.

City Clerk.


WHEELING RAILWAY COMPANY.

(Passed October 8th, 1889.)

AN ORDINANCE Granting to the Wheeling Railway Company the Right to Construct and Extend Their Street Railway Track On Fourteenth Street, From Main to Market Street, in the City.

Be it ordained by the Council of the City of Wheeling:

Section 1. Permission is hereby granted to the Wheeling Railway Company to construct and maintain a track, beginning at the intersection of its track on Main with Fourteenth street, and running east on Fourteenth street to the intersection of the track on Market street, and to connect said tracks with proper curves.

Sec. 2. Provided, Said privilege is accepted by the said Wheeling Railway Company, subject to and under the conditions and restrictions contained and provided in an ordinance entitled "An Ordinance Granting to the Wheeling Railway Company the Right to Construct a Street Railway On the Streets of the City," passed by the council of the city in August, 1887.

Sec. 3. This ordinance shall be in effect from the time that the railway company have taken up their unused track on Water street from Forty-second to Forty-fifth street, and the filing with the clerk of said city of a copy of a resolution properly certified by the secretary of the company, accepting this ordinance.

ACCEPTANCE.

Office of the Wheeling Railway Company,

Wheeling, W. Va., October 23, 1889.

To the City Clerk, City of Wheeling:

The Wheeling Railway Company hereby accepts all the provisions of an ordinance entitled "An Ordinance to Lay Street Railway Tracks On the Streets of the City." passed by council on October 22d, 1889, and authorizing the laying of a track and curves on Fourteenth street, between Main and Market streets, in the city.

- Very truly yours,

FRANK P. HALL, [Company's Seal] Secretary.

Filed with me in my office this 23d day of October, 1889.

THOMAS F. THONER,

City Clerk


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