The West Jersey and Seashore Railroad Company may construct a railroad
switch track at grade across the northerly end of Market Street in the City
of Salem, on a line parallel to and about six feet distant in a northerly
direction from the present railroad track crossing Market Street, between
the J.K. Waddington Store and the office of C.G. Lippincott.
Said crossing shall be at the grade of said Market Street, and such
crossing shall be so arranged by said West Jersey Branch Company by the use
of planks, broken stones, paving stones or a combination of them at the company's
option, as to form such a condition of the railroad bed and approaches as
will adapt it for easy and convenient use for carriage driving and as a footway
and shall be so maintained in good condition at all times by said West Jersey
Railroad Company; also bricks shall be placed under the railroad 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 time such locomotive, engine, car or
train of cars shall be crossing said street, and no engine, locomotive, car
or train of 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 by night, until the train
is across the street; the grant of 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 tracks hereby permitted to be laid
at grade or otherwise, as the Mayor and Council may at any time determine.
Failure to comply with or breach of any of the provisions of this section
will subject such railroad company, for each offense, to a fine of $25, to
be recovered by said city in an action of debt, in any court of competent
jurisdiction, which action shall be brought in the name of the Treasurer of
the City of Salem.
Said West Jersey and Seashore Railroad Company shall have the authority
to make such excavations in said street and such other temporary interruption
of travel as may be necessary in order to construct said crossings, and this
ordinance shall take effect after the expiration of 20 days from its adoption
and so soon thereafter as the Company shall sign an agreement binding itself
to comply with the treasury of the City of Salem all costs of said city to
said company of its intention to insist on said forfeitures and specifying
in what respect said conditions have been violated. Thirty days after this
ordinance goes into operation, the company agrees to perform and comply with
the conditions contained in said agreement, provided that 30 days' notice
be given by said city to said company of its intention to insist on said forfeitures
and specifying in what respect said conditions have been violated, whereupon,
at the expiration of said 30 days' notice, if any such specified condition
remains unperformed, said ordinance shall immediately become void and all
rights of said company thereunder shall cease.
Nothing herein contained shall be deemed or taken to waive the right
of the Council to require the removal of said tracks from said street, should
such a course at any time be deemed necessary.