The Congoleum Company, Inc., may construct a spur, track or siding to
begin at the present track on its property located on the easterly side of
Tilbury Road and to extend therefrom in an easterly direction to its property
of Tilbury Road and to cross Tilbury Road at a grade at a point approximately
500 feet from the intersection of Tilbury Road with West Broadway Street.
The construction of said spur, track or siding is to be subject to the conditions
and stipulations herein contained.
Said crossing shall be at the grade of said Tilbury Road and, such crossing
shall be so arranged by said Congoleum Company, Inc., by the use of planks,
broken stone, paving or a combination of them, at the company's option,
as to form such condition of the road bed and approaches as will adapt it
for easy and convenient use or travel by vehicles and pedestrians and shall
be so maintained in good condition at all times by said Congoleum Company,
Inc., its successors and assigns; also trunks of such capacity shall be used
by said Congoleum Company, Inc., its successors and assigns; also trunks of
such capacity shall be used by said Congoleum Company, Inc., its successors
and assigns wheresoever any obstruction shall be formed to the natural surface
drainage.
No engine, locomotive, car or train of cars shall be run over said tracks
or 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 cars shall at any time be allowed to remain on said crossing for more
than three minutes at a time; that no cars shall be drilled across said street,
except as may be necessary to make up the freight cars receiving or discharging
freight on said tracks into trains; a flagman shall precede each train crossing
said street at least 50 feet and remains in the street, showing a flag by
day and a light by night, until the train is out of the street; the grant
by this ordinance shall not be deemed to impair the right or power of the
city to grant other licenses to any other company to cross the track hereby
permitted to be made 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 company, its successors and assigns
to a fine of $25 for each offense with costs of conviction.
The Congoleum Company, Inc., shall have authority to make such excavation
in said street and other temporary interruptions of travel as may be necessary
in order to construct such crossing, and this ordinance shall take effect
after the expiration of 20 days from its adoption and so soon thereafter as
the said Congoleum Company, Inc., shall sign an agreement binding itself,
its successors and assigns to comply with the conditions contained herein.
Also, upon the payment of the expenses of the preparation, printing and publication
of this ordinance and the expense incidental thereto, and shall at the option
of said city terminate and become void whenever said company, its successors
and assigns shall fail for the space of 30 days after this ordinance goes
into operation to conform and comply with the conditions contained in said
agreement, provided that 30 days' notice be first given by said city
to said company, its successors and assigns of its intention to insist on
said forfeiture and specifying in what respect said conditions have 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, its successors and assigns therein shall cease.
