- intersected by Prospect Street if extended.
- Section 2. The railroad authorized to be
constructed by this ordinance shall be constructed and in
- operation over and along said streets, or
so much thereof as shall be used or occupied by said Henry H.
CLOUGH or his assigns, within a period of three years
from the date of the passage of this ordinance, and unless said
railroad shall be so completed and in operation within said period,
then this ordinance and the right, permission, consent and authority
hereby granted may be declared forfeited and void by the Common
Council of the City of Beloit, as to the streets or portions
of streets not so occupied by said railroad, provided, that should
the construction of the railroad contemplated by this ordinance
be delayed by injunction then the period of delay caused by said
injunction being in force shall not be considered as part of
said period of three years.
- Section 3. Said CLOUGH or his assigns
shall have the right to operate said railroad by any power
- except steam locomotive engines, and should
electricity be used, then said CLOUGH and his assigns
shall have the right to locate, erect and maintain suitable poles
and apparatus for supporting trolley wires, and for the purpose
of carrying telegraph, telephone, or electric light wires for
aid in the purpose of said railroad, or for the purpose of furnishing
light and power or telegraph and telephone service to others.
- Section 4. Before said CLOUGH or his
assigns shall enter upon the actual construction of the railroad
- contemplated by this ordinance, said CLOUGH
or his assigns shall execute and deliver a bond in the penal
sum of five thousand dollars, with sureties to be approved by
the May of Beloit, conditioned to hold the City of Beloit harmless
from all damages arising out of the construction or operation
of said railroad.
- Section 5. The railroad tracks authorized
to be constructed under this ordinance shall be standard
- gauge, built in the first class manner, with
T rails, and the road bed shall in all cases conform as near
as may be to the grade of the streets as now established, and
whenever the grade of any street along which the railroad shall
run shall be changed, the railroad authorized to be constructed
under this ordinance shall be changed so as to substantially
conform to the new grade as it may be established.
- Section 6. Upon all streets upon which said
railroad shall be constructed which are now paved, the
- said CLOUGH or his assigns shall at
his or their own expense restore the pavement wherever necessarily
disturbed by the construction of said railroad, and shall pave
the space between the rails and for a distance of one foot on
either side of the outer rail of said railroad in like manner
to conform with the pavement now upon any of said streets so
occupied. And whenever streets are used which are not paved,
then said CLOUGH or his assigns shall cause the space
between the rails to be filled with dirt or gravel, and immediately
adjacent for a distance of two feet to the outer rails of said
railroad, so as to permit of easy crossing of said tracks by
vehicles.
- Section 7. Whenever the City Council shall
pave any street occupied by said CLOUGH or his assigns
- by virtue of this ordinance, then upon reasonable
notice the said CLOUGH or his assigns shall at his or
their own expense pave the space between the rail and for a distance
of one foot from the outside rail on either side in the same
manner and of the same or equally good material as the pavement
to be laid by the city upon the remaining portions of the street.
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