The Salem Branch Railroad Company may construct a railroad track at
grade across Broadway Street in the City of Salem, at or about the distance
of 75 feet west from the fram office of William Morris and subject to the
conditions and stipulations herein contained.
Said crossing shall be at the grade of said West Broadway Street, and
such crossing shall be so arranged by the Salem Branch Railroad Company by
the use of planks, broken stones, paving stones or a combination of them,
at the option of said Salem Branch Railroad Company. as to form such a condition
of the railroad bed as will adapt it for easy and convenient use for carriage
driving and as a footway and will be so maintained at all times in good condition
at the expense of the Salem Branch Railroad Company, also trunks shall be
placed under the bed wheresoever any obstruction shall be formed to the natural
surface drainage.
No engine, locomotive, car or train of cars shall be run over said crossing
at a higher rate of speed than four miles per hour; the engine bell shall
be rung continuously during the whole times such locomotive, engine, car or
train of cars shall be crossing said street, and no engine, locomotive, car
or cars shall at any time be allowed to remain on said crossing for more than
three minutes at a time; no cars shall be drilled across said street except
as may be necessary to make up the freight track into trains; a flagman shall
precede each train crossing said street at least 50 feet and remain in the
street, showing a flag by day and a light at night, until the train is across
the street; the grant of this license by this ordinance shall not be deemed
to impair the right or power of the city to grant other licenses to any other
railroad company to cross the track hereby permitted to be laid, at grade
or otherwise as the Mayor and Council may at any future time determine. Failure
to comply with or breach of any of the provisions of this section will subject
such railroad company to a fine of $25 for each offense with costs of conviction.
The Salem Branch Railroad Company shall have the authority to excavate
in said street and make such other temporary interruptions of travel as may
be necessary to said crossing in order to construct the same, and this ordinance
shall go into effect as soon as said Salem Branch Railroad Company shall sign
an agreement binding itself to comply with the conditions contained therein
and shall terminate and become void whenever said Railroad Company shall fail
for the space of 30 days to perform any such condition, provided that 30 days'
notice be given by the City of Salem to the Railroad Company of its intention
to insist on such forfeiture and specifying in what respect said conditions
have been violated; whereupon, at the expiration of said 30 days' notice,
if any such specified condition remain unperformed, said ordinance shall immediately
become void and all rights of said Salem Branch Railroad Company under the
same shall cease.