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HomeMy WebLinkAboutORD 1-A-1�. aY A N 0' R D I AT A �T C E is •, %dranting right of ,xray and other privileges on c6 jtain streets in the City of Beaumont.. Texas..'therein.named to ' ^jEdward Kennedy, his associates or a.s^igns, for the building ,e iiquipping, maintaining and opora.ting of an electric street railway, BE IT ORDAINED by the City Coundil-of the City of eaumont : SECTION I. u4: That the City Council of the City of. Be mmont hereb�r grants utO% Edward Kennedy, his associates, heirs or assigns for .the pur jlpose>ofconstructing, maintaining and operating an ele.etri.e -- Is Tee -r iTi ay` in the f City of Beaumont; tYie "`right .of may along, and -,',upon the streets in the City of Beatinont, herein des- .- �cri'bCd, with the privilege of laying, using rand constructing and ;,operating a single track rail.ray with such side-tracks, turn- �puts and switches, as may be periliitted to be cons tructed) by the' 5. City Council, as herein provided, for the purpose of operating an: ;electric street railway, and transporting and carrying thereon !'of passengers, freight, United. States mail, express pabkages 4 Wand such ,,other com od ties as the management of said street rail iaay clay deem necessary for public convenience, and for the ad- 14ran't6geous oper6f tion of said railway in the said City„ of Beaumont; 0 '. ilk:- - ,• ... ... .. •-• .' _ '. , .,' .. y upon the streets and "route as described herein, for a period of, fifty years, from the. date of the passage of this ordinance, sub-, ect to the conditions and restrictions hereinafter named:c• Ani.- rovided that the said gr6ii:tee,his associates,heirs or assigns, sna11 not construct arty turn -outs, side-tracks or switches with- he ith-he 1.i nits of the'ity, of C Beaumont"; without first obtaining he. grant or, right so to do,, from the `City Council. ;, -SMITH, CRAWFORD &. SONFIELO g�, N -2- SECTION 2_ SECTION II. The right is hereby given the ti__id. grantee, his associates, heirs or assigns to enter and construct the said line of rail- way over, along Gild upon the following named. streets in the Cit: of Beaumont, to wit: - Beginning at the west end of Broadway, at the point, of intersection of Sixth Street with said Broadway, and rennin thence in an easterly direction upon and with Broadway,alon upon and over said Broadway, to the intersection of said Br Broadway and Main Street: Running thence on Hain Street along, upon and over said Plain Street in a Southerly dir- ection, to the point of intersection of said Main Street with Bon:.alu Street. SECTION III. The said grantee, itis associates, heirs or assigns shall have the right to constra�ct said street railway acro.,s and over such steam railroads and such electric railways, as may have tracks already constructed in such location, that it will be necessary to cross them , in order to 'keep the route herein granted, so far as the City of Beaumont has the right to make such grant, and wit2 out in any manner subjecting it to any lia- bility therefor, by way of damages or otherwise, to such street railways, or steam railroad companies', as may now have tracks running across the said route. SECTION IV. The grantee herein, his associates, heirs or assigns shall CD have the right to eonnnect said line of railway, with and to maintain and operate the salie in connection with any subburban line, running outside of the City limits, and also with any. 1 inside of -the city limits, along and upon its said route. 0L% J. SECTI In the construction of said line of railway across any of the above named streets, it shall not be lawful, nor shall the grantee herein, his associates, heirs or assigns be authorized to do or perform any labor on or about said railway track, until 1. r SMITH, CRAWFORD & SONFIELD -3- G/ 401 / - 00q .' ( they have applied tro the City Engineer of the city of Beaumont, and obtained from him the proper grade of any and all streets sought to be -occupied by him: And when the said grade is so given, it shall be conformed to in every particular, 'provided that the city of Beaunont shall have, and it hereby -reserves the right at any time to change the grade of any of the streets,and the road bed and tracks of the said railway shall in the event of any such change in the grade, be conformed to the.new grd.d.e at the expense of the grantee herein, his associates,heirs or assigns,'and the city shall iii no way be�iable in damages to the grantee herein, his associates, heirs or a.ssign.s 'for or on acs count of the change of grade of any of the said streets. SECTION VI. The said grantee, his associates, heirs or assigns, shall use this grant and franchise in such manner and shall construct th,e- roadbeds and lines of railway, so as not to impede the streets or interfere with the use of same by the public. They shall at all times keep the portions of the street occupied. by the railvaay--that is to say,the positions of the street between the rails of the, tra6k laid and. extending twelve inches beyond the outer edge of the rails of -the said railway;and including the space between any double track and between the maintrack, side- tracks and turn -outs-- in good condition and repair, and shall keep the top of its rails on,a level with the street, and when deehied necessary by the City Council, shall place planks on both sides of the rail, for the purpose of maintaining the level. That said grantee, his associates, heirs and assigns, shall con- struct, onstruct, maintain and keep in good repair, good and sufficient crossings, over their lines of road at the intersection of all streets, through which said line shall be constructed: And where culverts are encowitered in the construction of said rail - SMITH, CRAWFORD & SONFIELD - 4 - way, the same shall be reluilt by the grantee herein, his as- sociates, heirs or assigns, in such Wanner, as may be determin- ed by and to the satisfaction of the City Council Should the grantee, his,.associates, heirs or assigns fail or refuse to do and porform the things provided in this section, within ten days after notice_given th by the City Council, the City Council may order the work done, and the grantee, his assoc fates, heirs or assigns, shall be liable f8r the coat of said work, which said cost shall be a lien upon all railway property and franchises. That in the event the City Council shall determine to grade.., pave, repair, repave or otherwise imiprove any portion of said streets, upon which .said railway is constructed, or to cepa it or construct any sewer or sewers on said streets, said grantee, or his -associates, `heirs or assigns., shall, ' if_ dee -ned necessary by the City -Engineer, temporarily remove or take up their im- provements, for such purpose and suspend the operation of said railc,�ay thereon, and the grantee herein, or his associates, heirs.or assigns shall be liable for the cost of grading, p avin , repairing or repaving, or otherwise improving the portion of any street or intersection occupied by said railway: That is to say, from end to end of its ties, and such cost shall be a lien upon the property and franchises as provided in the Chart of the City of Beaumont. -Aft- And in the event the City Council shall decide to pave any street.or portion thereof, over which said railway shall be con - strutted, or in the event said railway shall be constructed on, over, or across any street already paved, the grantee herein, his associates, heirs or assigns, shall construct the road -bed on concrete, and otherwise fix Name, so as not to in any raise injure the paving, said work of construction to be done as dir- ected by the City Council, and under the supervision of the Cits SMITH, CRAWFORD &, SONFIELD i 5M Engineer: This is a condition, in the grant of the rights, pri -leges and franchises under this ordinance, and failure to com- ply therewith, shall work a forfeiture of all'of said rights, privileges and franchises, I - SECTION VII. Said railway shall be constructed of good and proper matei- ial and shall be equipped and maintained and operated in a first class stile and conditioned.-, and up to the standard of any sim- ilar railway in any city in the State of Texas,. The iron used shall, not weigh leas than fifty-five pounds to the Yard, and the rails shill be of such character and depth, and con- struction of the tracks shall be made in such manner, as may be determined by the City Council. The cars shall be first class and all.of mod ern design, and the grantee herein, or his assoc-- iatea,__heirs, _ or_assigns shall at all times, when instructed by resolution of the City Council, make and enforce suitable pro- visions for the Peparation of white and negro passengers, such ision1to be of such character as said resolution may direct. SECTION VIII. That the grantee herein, his associates, heirs or assigns be, and he is hereby authorized.to erect a system of ever -head' fres, for the purpose of conducting the electric current, to operate motors and to properly cross from such electric current, such generating stations as may be required, and to use the r and earth for return circuit, or may use metallic return cir-- is for that -purpose: That- he -be, and is hereby authorized to erect poles to place the wires upon; that said poles shall be placed upon the outside edges of the sidewalks, within the curb lines, not less than 100 feet apart, aaid poles to be not less than twenty-five feet high; not less than five inches in diameter at the upper end, straight, shapely and of uniform size SMITH, CRAWFORD &, SONFIELD 9�. 50 planed and shaved and thoroughly painted with two coats of lead and oil paint of such color as the city council may direct, all over -head lrrires and fixtures to -be first class in every respect, fitted with proper safe -guards and the wires, fixtures and poles to be at all tunes kept in good repair. SECTION IX. That the grantee herein or his associates, heirs or assigre, shall in the construction or repairing of roadbed and tracks said railway, restore all streets and avenues so used and ceupied by it, to their former condition, by refilling and pack ng thoroughly any and all excavations made by hi1n, and doing an erforming whatever may be -necessary in order to such restora- ion, and failing to do so within ten days after notice given y the City Council, the City Counei2 may order the work done, the grantee or his associates, heirs or assigns, shall be able--..for--the cost-. of said work, which cost shall be a lien all the railway property, and franchise. SECTION X. That the grantee herein, his -associates, heirs or assigns be, and they are hereby authorized to collect fares at ve cents for each single trip, for each passenger; provided at the grantee herein, his associates, heirs or assigns shall dopt and carry into effect, the transfer system -,whereby passen= ers, by the payment of a single fare may be translooTte-d on con - ting -cars of said railway, without further charge: Frovid- d further that in the event of the, maintaining and operating f the same in connection with any subburban line running out- ide of the City liraits, or with any line inside of the City ts, as -provided. in Section IV of this ordinance, or in the vent -of the consolidation by, purchase or otherwise of the rail - Ay to be constructed, and any other street railway company, the on ransfer shall obtain Aboth the said. systems, SMITH, CRAWFORO & SONFIELD SECTION XI. That the grantee herein, his associates, heirs or assigns 11 hold the City harmless from any damages or injuries to property or persons that may be o ccassioned by the construction �.r operation of said. railway, SECTION XII. The grantee herein, or his associates, heirs or assigns all otNn and operate the same subject to the Charter of the City f Beaumont, and any amendments which may be made thereto, and 1 existing ordinances and future ordinances in -pursuance of aid dharter, so far as same may be applicable. SECTION XIII. , That the said grantee, or his associates, heirs or assigns all within ten days after the p assage'of this ordinance, file �n_the---office -of-the -City Secretary of the City - of Beaumont, a tten aceeptancc of this franchise, and shall within thirty 30) days after the passage of this ordinance begin the work of onstraction of the said railway, and shall push the same to ompletion, and shall within twelve months after the passage of his ordinance have in active operation, for the transportation f passengers, all of the said railway within the City linitg as bove described, and failure.to comply with any of these con- itions shall work,a forfeiture of this franchise, without legal roceedings. SECTION XIV. This '-ordinance shall take effect and' be in force from and after its ?passage. We recommend the passage of above ordinance. 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DUFF, `r _ll J!_, U y U Chi _I, s�� `iOn it l.�rl'I) , exa-,-• BEAUMONT, TEXAS. d i)t,z'SOPCl.i1.-v d_l';1='�,�;Z'[✓'(_ 1; _ J1 G_. y ?_ s ._i1C�'.(. to �L7.r 1' 1 hle to. b P the Sui) c-- ibE,,�_ ,o 11 ' itl;C; v ,.<_ ht�. j } .- � :,Z,O _ j r l a) : 1 f, :'1'� G_ l:u�i 1t,, ..1i.� �_ o_i.1io' _t,:_i:--,e tO J'ne i 3iat l:: e, exerll, E.!I . -; :,,1=; ; ,or �c ),Lirpo s < ,1 "DaI trio ei,e 1 n ei,r', e, e, -. ��1'i(-?:�;. .i:r,7 '•1%�:_l'_ X11, i�L-".:. 1. O.-'- Offi(i(_'• F. J. & R. C. DUFF, `r _ll J!_, U y U Chi _I, s�� `iOn it l.�rl'I) , exa-,-• BEAUMONT, TEXAS. d