Loading...
HomeMy WebLinkAboutORD 17-A-2SLAhrniit-d F`c-t 1 1ta,r_I 40 -'ads An ordinance granting to the Beaumont Traction ,nom Company, its lessees, successors, or assigns, for the term of forty-two years, concent, permission and authority to construct; reconstruct, maintain, and operate over certain streets vrithin 'the- corporate limits of the City of Beaumont, Texas, a street railway system with the tracks, electric wires, cars and other parts and appurtenances thereof, defining the motive poorer by which the cars thereof shall be operated, and prescribing the conditions and requirements under which said street railway shall be constructed, reconstnicted, maintained and operated, and providing penalties; and providing for the repealing and terminating of all franchise rights and privileges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said city (except as granted by this or- dinance),, and providing for the surrender of the same to the City. WHEREAS the Beaumont Traction Company, a corpora- tion organized and existing under the laws of the State of Texas, is operating variouslinesof street railway over the streets of the City of Beaumont, r� and is now the owner of the said street railway sJys- tem, said system being operated under the following franchises and permits granted 171 the City of Beaumont: (1) A franchise granted by the City of Beau- mont to John H. Kirb'r and others on the 14th day of November, A. D. 1900; (2) A franchise granted to W. L. Thompson, H. K. Johnson, and others on October 7th, 1902; (3) A franchise granted to the Beaumont Traction Cor pa_ny for What in known as the Royal street Line on April 17th, 1906; (4) Various: permits granted by the City Council of. the City of Beaumont; and WHEREAS, under the authority of and pursuant. to a resolution adopted by the City Council of the City of Beaumont on the 13th day of July, 19091, the City Attorney of the City of Beaumont has instituted in the narie of and on behalf of the City of Beau- mont in the District Court of Jefferson County, Texas,. 'tiro certain actions against the -said Beaumont Trac- tion Company, one of said actions being for the an- nulment nnulment of said franchises, and the other for the recovery of damages alleged to have been sustained by the City of Beaumont as a res tilt of the alleged violation by the said Beaumont Traction Company of said franchises in relation to the keeping in repair of its tracks on Pearl Street in the said City of Beaumont, the said actions being respectively entitleri anti rnmlbered on °the r3nnkat of the said court Al" �An ordinance granting to the Beaumont Traction ,nom Company, its Lessees, su.ccessors, or assigns, for the term of forty-two years, consent, permission and authority to construct, reconstruct, maintain, and. operate over certain streets within the corporate limits of the City of Beaumont, Texas, a street railway system with the tracks, electric wires, cars and other parts and appurtenances thereof, defining the motive power by which the cars thereof shall be operated, and prescribing the conditions and requirements under which said street railway shall be constructed, reoonstraeted, maintained and operated., and providing penalties; and providing for the repealing and terminating of all franchise rights and privileges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said city (except as granted by this or- dinance), and providing for the surrender of the same to the City. WHEREAS the Beaumont Traction Company, a corpora- tion organized and existing under the laws of the State of Texas, is operating various lines of street -railway over the streets of the City of Beaumont,, and is now the owner of the said street railway sys- tem, said system being operated under the fallowing franchises and permits granted by the City of Beaumont: (1) A franchise granted by the City of Beau- mont to John H. Kirby and others on the 14th day of Novenber, A. D. 1900; (2) A franchise granted to fid. L.- Thompson, H. K. Johnson, and others on October 7th9 1902; (3) A franchise granted to the 'Beaumont Traction Company for ghat is knovni as the Royal Street Line on April 17th, 1906; (4) various permits granted by the City Council of the City of Beaumont; and WHEREAS, under the authority of and pursuant, to a resolution adopted by the City Council of the City of Beaumont on the 13th day of July, 1909, the City Attorney of the City of Beaumont has instituted in the name of and on behalf of the City of Beau-- mon't in the District Court of Jefferson Countyq. Texas,. two certain actions against the. said Beaumont Trac- tion Company, one of said actions being for the an- nulment of said franchises, and the other for the recovery of damages alleged to have been .�mstained by the City -of Beaumont as a result of the alleged violation by the said Beaumont Traction Company of said franchises in relation to the keeping in repair of its -tracks on Pearl Street in the said.City of Beaumont, the said actions being respectively entitled and rnunbered on the docket ofE' the said court ItThe City of Beaumont versus Beaumont Traction _Company, No. 7611,11 and "The City of Beaumont vers the Beaumont Traction Company, No. 7612,11 and vrHEREAS, there 1s now pending in the Circuit Court of the United Sates for the Eastern District of Texas, at Beaumont, that certain suit in equity f ORD. I I-A-;�_ 2. Numbered 157 on 'the docket of said court, entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, in which suit J. F. Weed is Receiver of said Beal -Mont Traction Company; and, WHEREAS, the said City of Beaumont is willing, by way of compromise and settlement of its differences with said Beaumont Traction Company, to dismiss said suits instituted by said City of Beaumont in the Dis- trict Court of Jefferson County, Texas, upon condi- tion that said suit in equity in the United States Circuit Court is disposed of as hereinafter provided, and upon condition that the rights and priviloges of said Beaumont Traction Company granted under the franchises and permits hereinbefore referred to, are surrendered and cancelled; and upon condition that the rights, privileges and franchises conferred and obligations and duties imposed by this ordinance are accepted in lieu and substitution thereof; and upon the other terms and conditions hereinafter set forth; NOW THEREFORE QRDAZ'P-7. BY THE CITY COUNCIL OF THE CITY BE IT .�, :_ OF BEALMONT: SECTION I. R.r PEALI G AND SUBSTITUTING. That upon the acceptance of this ordinance in the manner and foxm hereinafter designated, the rights and privileges of said Beaumont Traction Company, and of all other persons, natural and corporate, claiming any interest in the same, under the franchises and permits hereinbefore referred to shall be and th©y are hereby cancelled and annuled, and all of the aforesaid franchises and par- mits shall be and stand repealed, and in lieu and substitution there- of the rights, privileges, franchises and permits hereinafter set forth and provided are hereby granted said Beaumont Traction Company, hereinafter called the "grantee,1, for the period of forty -tiro yearn from the 7th day of October, A. D. 19109 subject to the terms, con- ditions, provisions and Zestrictions hereinafter mentioned.; provided It is distinctly understood that by the foregoing repeal of said franchises and permits as above set forth, it is not intended to Numbered 157 on the docket of said court, e-ntitied Interstate Trust & Banking Company vs. Beaumont Traction Company, in which suit J. F. Need is Receiver of said Beaumont Traction Company; and., WHEREAS, the said City of Beaumont is milling, by way of compromise and settlement of itn differences with said Beaumont Traction Company, to dismiso said suits instituted by said City of Beaumont in the Dis- trict Court of Jefferson County, Texas, upon condi- tion that said suit in equity in the United States Circuit Court is disposed of as hereinafter provided, and. upon condition that the rights and privileges of said Beaumont Traction Company granted under the :Franchises and permits herei 3. SECTION II. _ 1 -W -T AND DUR&TION. That the City of Beaumont does hereby grant to the said grantee, its successors and assigns, the right of way for and the right, privileges and franchise to construct, maintain, use and operate, a,system of.eleetric street railway, with the necessary switches, turnouts and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be designated, for the purpose of transporting passengers. SECTION III. STREETS -COVERED BY FRANCHISE. That the streets over and upon which the rights and pri- vileges shall extend shall be: (a) The streets upon which the grantee is now operating, using and maintaining a line of streft railway which are as follows, to -wit: On Pearl Street from Calder Avenue to Milam Street; on Milam Street from Pearl Street to Park Street; on Park Street from Crockett Street to the City Limits; on Emmett Avenue from Park Street to Sabine Pass Avenue; on. Sabine Pass .Avenue from Emmett Avenue to Shamrock Ave- nue; on Shamrock Avenue from Sabine Pass Avenue to Fifth Street (now Irving Avenue); on Fifth Street (Irving Avenue) from Shamrock Avenue to Doucette Street; on Doucette Street from Fifth Street (Irving Avenue) to Railroad Avenue; on Royal Street from Park Street to Gal- veston Street; on Galveston Street from Royal Street to Berlin Street; on Berlin Street from Galveston Street to the Sabine & East Texas Railway; Qn College Street from Peari Street to Avenue C; on Crock= ett Street from Park Street to Orleans Street; on Orleans Street SECTION II. RU TRIMAIMAP11MMMINI That the City of Beaumont does hereby grant to the said grantee, its successors and assigns, the right of way for and the night, privileges and franchise to construct, maintain, use and operate, a,system of.eleetric street railway, with the necessary switchos, turnouts and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be designated, for the pu?*.Lose of transporting passengers.. SECTION III. ,S TREE 'S COVERED BY FRANCHI S - That the streets over and upon which the rights and pri- vileges shall extend shall be: (a) The streets upon which the grantee is now operating, using and maintaining a line of street railway which are as follows, to -wit: On Pearl Street from Calder Avenue to Milam Street; on Milam Street from Pearl Street to Park Street; on Park Street from Crockett Street to the City Limits; on Emmett Avenue from Park Street to Sabine Pass Avenue; on Sabine Pass .Avenue from Emmett Avenue to Shamrock Ave- nue; on Shamrock Avenue from Sabine Pass Avenue to Fifth Street (now Irving Avenue); on Fifth Street (Irving Avenue) from Shamrock Avenue to Doucette Street; on Doucette Street from Fifth Street (Irving Avenue) to Railroad Avenue; on Royal Street from Park Street to Gal- veston Street; on Galveston Street from Royal Street to Berlin Street; on Berlin Street from Galveston street to the Sabine & East Texas Railway; Qn College Street from Peari Street to Avenue C; on Crock- ett Street from Park Street to Orleans Street; on Orleans Street from Crockett Street to Bonham street; on Bonham Street from Orleans to Pearl Street; on Liberty Avenue from Orleans Street to Magnolia Avenue; on Magnolia Avenue from Liberty Avenue to City Limits; on Calder Avenue from Pearl Street to City Limits; 4. (b) Such of tht other strsets within the corporate limit3 of th(!e City of Beaur.,ior.t as ma.y be designated by resolution or ordi- nance of the City Council of . the City of Bea.urzcnt ao streets upon •:;Mich the said street railway system may be extended; (c) Such streets or highways as may be hereafter included within the corporate limits of the City of Beaumont, upon which the grzintee may he wpc.-rating its raiiwa.y systom at the time of such inclusi0-n. SECTION IV. SINGLE AND DOUBLE TRACKS AND SWITCHES. That the rights and privileges h­re°in granted are for a 1 single track street railway only, except to the extent of the double tracks which the said gr-lntee now owna a.nd operates, and excnpt io the extent that the said grr-,nte� may be hereafter authorized to chp.nge the said road or portion therc;of, to a double track road, by the City Council of -the City. of Beaumont, under such regulations as the latter may prescribe; provided, however, that the grantee be, € nd it is hereby, authorized to construct, in lieu of the single tracks now situated thereon, double tracks along the fol=lowing stree o, to- wi V On Pearl Street from Bonham to Milam Streets; on Milam Street from Pearl gtrnE�t to Park Street; on nark Street fi'orn Ifil.am to Rayai St: et�ts; on Col"i e;e Street from Pearl Street to Part; Stree ; thiac permit for double tracks being granted, upon condition that the same be constructed within twelve months after the acceptance of this ordinance, and that, as to character aY construction, same chair e gcti rsrned by the general provisions of this ordinance. That the grantee shall construct no switches ar turnouts in addition 'co those now constructed, except by permission of the City Council of the City of Beaumont. SECTION V. nance of the City Council of . the City of Bpaurlont :;_c streets upon Mich the said street system may be extended; (c) Such streets or hinhways as may be hereafter included .,j 4_Lthe corporate limits cf the City of Beaumont , upon vrlLicli the grantee may be opctrating its railway system at the time of such inclus ion. SECTION IV. SINGLE AICD DOUBLE TRACKS XND SWITCHES. That the rights and T)rivileges h -rein granted are for a, I single track street railway only, except to the extent of the double tracks which the said grantee now ownR and operates, and except i. -o thc extent that the said grrantee Liay be hereafter authorized to change the said road or portion' thereof, to a double track road, by the City Council of 'the r!it;T of Beaumont, under such regulations as the latter may prescribe; provided, however, that the grantee be, and- it nd it is hereby, authorized to construct, in lieu of -the single tracko now situated thereon, double tracks along the fol=lowing streets, to-- tiYit: On Pearl Street from Bonham to Milarn Streets; on Milam Street from Pearl StrN-nt to Park Street; on i5ark Street fi-rm Milam to Royal Streets; on Coilege Street from Pearl Street to Park Strc;ey this; permit _-"or double tracks being granted,, upon condition that the same be constructed within -twelve months after the acceptance of this ordinance, and that, as to character of construction, same shall ;bo governed by the general provisions of this ordinance. That the grantee shall construct no switches or turnouts in addition to those now constructed, except by pelcrcission of t'n.e City Council of the City of Beaumont. SECTION V. ANNUAL. PAYMENT TO CITY. That in consideration of the grant of, this franchise, on the first day of 'Peb,ruary, 1917, and on the first day of February of dub ►-� ►-��� 1 �.-1��Iq r � A-2- 5. each year thereafter the grantee shall pay to, the City of Beaumont one per cent. of its gross receipts of fares for the earxiage of Passengers for the year ending December 1st of the year preceding and the percentage of gross receipts to be paid by 'the grantee may be increased by the City Council of.the City of Beaumont at any time af';er October 27th, 1927, to an amount not to exceed two per cent. of such annual gross receipts. It is expressly understood that the payments in this section provided for are by way of a bonus to the City of Beaumoi t , and not by way of occupation or franchise tax nor tax of any kind; and same shall in no manner afTect or impair the City's right of taxation against the grantee under present or future laws, nor in qny manner release or exempt said grantee from the payment of any taxes which may be legally Imposed. SECTION VI. -CHANCE OF MT DE 11MROVEMENTS OF STREETS, ETC. That if at any time the City shall desire to change the grade Of any street, or portion thereof, traversed by the lines of the grantee or to improve the same by. shelling, maeadctnizing, respelling, :remacadamizing , paving or repaving or repairing, and shall provide for such improvement or change of grade by ordinance, then the grantee herein shall pay the cost of such improvement, or such change of grade, between and under the rails and tracks of its railroads and turnouts and for two feet on each side of the rails thereof; as well as the cost of changing its tracks to conform thereto; and when the City is ready to proceed with the improvement, repairs, or change of grade of such streets or portion thereof, the City, through its proper representatives, may enter into a contract for the construction of -such improvrement, or the making of such re- each year thereafter the grantee shall pay to, -the City of Beaumont w: one per cent. of its gross receipts of fares for the carxiage of passengers for the year ending December lot of the year preceding; and the -percentage of gross receipts to be paid bythe grantee may be increased by the City Council of the City of Beaumont at any time after October 27th, 1927, to an amount not to exceed two per cent. of such annual gross receipts. It is expressly understood that the payments in this eeetion provided for are by way of a bonus to the City of Beaumont , and not by xray of occupation or franchise tax nor tax of any kind; and same shall in no manner affect or impair the City's right of taxation against the grantee under present or future laws, nor in any manner release or Exempt said grantee from the payment of any taxes which may be legally iraposaed. SECTION VI. -CHANGE OF (:RADE IMPROVEMENTS OF STREETS =ETC. That if at any time the City shall desire to change the grade of any street, or portion thereof, traversed by the lines of the grantee or to improve the same by shelling, macadamizing, reshelling, remacadamizing , paving or repaving or repairing, and shall provide for such improvement or change of grade by ordinance, then the grantee herein shall pay the cost of such improvement, or such change of made, between and under the rails and tracks of its railroads and turnouts and for two feet on each side of the rails thereof; as well as the cast of changing its tracks to conform thereto; and when the City is ready to proceed with the impxovement, repairs, or change of grade of such streets or portion thereof, the.. City, through its proper representatives, may enter into a contract for the construction of such improvement, or the making of such re- pairs or change of grade, and charge to the grantee herein its prop- er -i-,. pro rata of the contract price of same for the whole width of the street as shall be assessed by the City Council, provided that the City may proceed for the enforeerm nt of the obligation of the grantee Oe t)/ 1r14__2_ SL,I M�ItM 12_�_Iqll tormake such improvement, repairs or change of grade, as provided in the general laws of the State of Texas by Act of May 10th, 19099 or as provided in the Charter of the City of Beaumont; but in each case the obligation of the grantee to make and to pay for its pro rata of such improvement shall constitute a first lien as, hereinafter pro- vided; Provided that the grantee, shall not be required to widen any of its concrete track or pavement foundations now laid until such time as the City shall legally provide for the repaving or otherwise improving or repairing, as above, of the street or streets or por- tions of same whereon said concrete track foundations, are now lo- cated,.unlees the grantee ahould sooner rebuild its track founda- tions, in either of which events .the provisions of this clause shall become effective as to all such pca? tions of streets aero improved; Provided further, that whenever the grantee shall hereafter build, or the City shall build for tYe grantee and the grantee pay for any concrete foundations under the tracks, the City Engineer, acting under direction of the City Council,shall be required to es- tablish a pex7mnent paving grade for such concreting and track con- struction, and the tracks shall be constructed to said grade under the supervision ar the City Engineer, or such other agent as the City Council may direct, and should. the City determine to change the grade of any such concrete construction on grades hereafter so es- tablished within the period of tett yegrs from the date of Tequir- ment of such construction, it, the City, shall be required to bear a portion of the expense of reeonotrue tion caused by such change of grade, that is to say, the proprr tion of reconstruction expense in such case to be paid by the City shall be as follows, to --wit: If the change of grade and construction is required within the first ,year after tiii; original concrete eonstruetion is reauired. to make each improvement: repairs or change of grade, as provided in the general laws of the State of Texas by let of biay 10th, 1909, or as provided in the Charter of the City of Beaumont; but in each case the obligation of the grantee to make and to pay for its pro rata of such improvement shall constitute a first lien as hereinafter pro- vided; Provided that the grantee, shall not be requixed to widen any of its conerete.tra.ck or pavement foundations now laid until such time as the City shall legally provide for the repaving or otherwise improving or repairing, as above, of the street or streets or por- tione of same whereon said concrete track foundations, are now lo- sated, unless the grantee should sooner rebuild its truck founda- tions, in either of which events .the provisions of this clause shall become effective as to all such par --tions of streets vo improved; Provided further, that whenever the grantee shall hereafter build, or the City shall build for t10 grantee and. the grantee pay for any concrete foundations under the tracks, the City Engineer, acting under direction of the City Council,shall be required to es- tablish a permanent paving grade for such conexeting and track con- struction, and the tracks shall be constructed to said grade under the supervision of the City Engineer, or =h other, agent as the City Council may direst, and shotld the City determine to change the grade of any such concrete construction on grades hereafter so es- tablished within the period of ten years from the date of requir- ment of ouch construction, it, the City, shall be required to bear a portion of the expense of reconstruction caused by such change Of grade, that is to say, the propa? tion of reconstruction expense in such case to be paid by the City shall be as followe, to -wit: If the change of grade and construction is required within the first year after the original concrete construction is required, all of the expense thereof, if within the second year after requir- ing the original concrete conetruc'tion, ninety per cent. of total cost of charge, and ten per cent. less for the lapse of each addi- tional year, but after the lapse of ten years from the date of re- 7. quirement of original concrete construction, the City shall bear none of the expense. caused by such change of grade. SECTION VII. CONCRETE FOUNDATIONS. That the 1gra.ntee herein shall, as soon as practict,ble from and after the passage hereof, begin to place its tracks now on Pearl Si r%et, on Calder Aveni.ie from Gulf Street to City lirnits, and on Magnolia Avenue from Long Avenue to Elm Street, on a, good substan- tial concrete foundation, at least six inches in thickness and seven feet in width, under tial or stringers, and shall have samefinished and completed within twelve month:,- after acceptance of this ordi- nance, and shall maintain such foundations, as well as all concrete foundations under its other tracks, in good condition and repair; provided, the City shall parent the operation of the cars over the side of such streets during such construction, when practicable. That the grantee herein shall also, 1rhan required- by the City Ccuncil, constrlact concrete foundations of the character above described under its tracks, on any street which the City of Beaumont shall macadamize, shell or pave. SECTION VIII. SPRINKLING CARS. That the grantee shall procure and keep in good condition and repair a sufficient number of water sprinkling, cars with which it shall, after the ex?Diration of eighteen rrnonthe after the a.ccent- a.nce cf this ordinance, gprinl,.Ie not to exceed tmice in one day from curb to cvrb, 8000 lineal feet cf. :such streets, over .�rhich its line extends as the r,ity Council may designate and at such times as it may be so recquii-,�!d to do Y,y the City Council; provided tha�tt for every additional stre=et mile of track or portion ther,,ofn the grantee shall sprinkle, 720 feet additional; provided further, that Nothing in this suction contained shall. be construed as affecting urea oy sucn cnange o: SECTION VII. CONCRETE FOUNDATIONS. That the grantee herein shall, as soon as practicable .from and after the passage hereof, begin to place its tracks now on Pearl S4.reet, on Calder Avem.ie from Gulf Street to City limits, and on Magnolia. Avenue from Tong Avenue to 'Elm Street, on a good eubstan-r tial concrete foundation, at least six inches in thickness and seven feat in width, under ties or stringers, and shall have same finished and completed within twelve months after acceptance of this ordi- nance, and shall maintain such foundations, as well as all concrete foundations under its other tracks, in good condition and repair; provided, the City shall parrtit the operation of the cart; over the side of :such streHts during such construction, when practicable. That the grr.ntee herein shall also, 1rhen required_ by the City Council, construct concrete foundations of the character al-)ove described under its tracks, on any street which the City of Beaumont shall macadamize, shell or pave. SECTION VIII. SPRINKLING CARS. That the grantee shall procure and keep in good condition and repair a sufficient number of water sprinkling - cars with which it shall., after the expiration of eighteen months after the accept- ance of this ordinance, sprin'.cle not to exceed twice in one day from curb to curb, 8000 lineal feet of such streets, over -�A7hich its line extends as the City Council may designate and at such times as it may be ao required to do by the City Council; provided that for every additional street rni.le of track or porton th-r:;ofthe grantee shall sprinkle 720 feet additional; provided further, that nothing in this section contained shall be construed as affecting any legal right which the City may have to compel the grantee to sprinkle a. greater amount than a.Iaove Drc ;Tided.. SECTION IX. CABE OF STFN�FTr_4-N,'TC. That the grantee she 11 use this grant in such manner and main- tain ain Iain its lines of road and operate its cars so as not to injure the said streets nor to interfere with the use of the same by the public; and in doing construction or repair work on its tracks, the grantee shall perform same in such manner as shall not 'unnecessarily inter - fore with the use of the street by the public; and any injury to the streets in connection with its construction or repair work, the grantee shall repair at its cost. The grantee shall ai all times keep that portion of the street and its foundation between its rails, tracks, sidings and turnouts and for two feet on each side thereof in good condition and repair; shall keep the top of its rails on a Leval with the street; and construct and maintain in good condition and repair a good and sufficient wagon crossing from street line to street line over its tracks at the intersection of all streets, and shall construct and maintain over its tracks and for two feet on each side thereof in good condition and repair a good and sufficient foot crossing on each side of the street, in such man- ner as it may be directed to dry from time to time by the City Council of the City of Beaumont or other governing body of said City of Beaumont; and shall pay to the City of Beaumont one-half of the cost of all culverts from ourbing to curbing, which the City may con— struct or cause to be constructed under its tracks, and shall also pay to the City one-half of the cost of maintenance thereof; pro- vided, that nothing in this section contained shall be construed as affecting any legal right which the City may have to compel the grantee to pay a larger portion of the costs of construction and maintenance of culverts than that above provided. SECTION Ix. S.ABD' OF STREETS. BT(I. That the grantee shall use this grant in such manner and ruin - twin its lineo of road and operate its care so as not to injure the said streets nor to interfere with the use of the same by the public; and in doing construction or repair work on its tracks, the grantee shall perform same in such manner as shall not unneces3sarily inter - fore with the use of the street by the public; and any injury to the streets in connection with its construction or repair work, the grantee shall repair at its cosi. The grantee shall at all- times keep that portion of the street and its foundation between Its rails, tracks, sidings and turnouts and for two feet on each side thereof in good condition and repair; shall keep the top of its rails on a leval with the street; and construct and maintain in good condition and repair a good and. sufficient vragon-crossing from street line to street line over its tracks at the intersection of all streets, and shall construct and maintain over its tracks and for two feet on each side thereof in good condition and repair a good and sufficient foot crossing on each side of the street, in such man- ner as it may be directed to do from time to time by the City Council of the City of Beaumont or other governing body of said City of Beaumont; and shall pay to the City of Beaumont one-half of the cost of all culverts from curbing to curbing, which the City may con- struct or cause to be constructed under its tracks, and shall also pay to the City one-half of the cost of maintenanc-e thereof; pro- vided, that nothing in this section contained shall be construed as affecting any legal right which the City may have to compel the grantee to pay a larger portion of the costs of construction and maintenance of culverts than that above provided. �r ir] - A � SECTION X. TEMPORARY SUSPENSION. That for the purpose of making repairs or improvements, the City, through its Mayor, may at any time require the suspension of the operation of cars over any portion of said streets until same may be safely resumed without probability of injury to said improve- ments. SECTION XI. EQUIPMENT AND SCHEDULES. That the said street railway lines shall be constructed, maintained, equipped and operated in first class style and condition. The grantee shall provide, keep and maintain a sufficient number of first class modern cars of not less than double truck, unless single truck cars are permitted by the City Council, for the comfortable transportation of passengers, and shall operate same on the follow- ing schedules, to -wit: On Calder -College line and the Sabine -Magnolia linea, the cars shall follow each other at intervals of not more than ten minutes apart; on the Park Street line, the cars shall follow each other at intervals of not more than fifteen minutes apart; -on the Royal Street line, the ears shall follow each other at intervals of not more than fifteen minutes apart; all care to operate on said schedules from the intersection of Pearl and Bonham Streets to the end of the several lines noir constructed or of any extension of same hereafter built in pursuance 'of this franchise or any amendment thereto. The City Council or other governing body of the City of Beaumont shall have the power hereafter from time to time to fix the schedules upon all lines or any of same as it may deem proper. Provided that no SECTION X. TEMPORARY SUSPE_ NSI Oji. That for the purpose of making repairs or improvements, the City, through its Mayor, rmy at any time require the suspension of the operation of cars over any portion of said streets until same may be safely resumed without probability of injury to said improve- ments. SECTION XI. EQUIPMENT ANT) SCHEDULES. That the said street railway lines shall be constructed, maintained, equipped and operated in first class style and condition. The grantee shall provide, keep and maintain a sufficient number of first class modern cars of not lees than double truck, unless single truck cars are permitted by the City Council, for the comfortable transportation of passengers, and shall operate same on the follow- ing schedules, to -wit: On Calder -College line and the Sabine -Magnolia lines, the. cars shall follow each other at intervals of not more than ten minutes apart; on the Park Street line, the carry shall follow each other at intervals of not more than fifteen minutes apart; -on the Royal Street Zine, the cars shall follow, each other at intervals of not more than fifteen minutes apart; all cars to operate on said schedules from the intersection of Pearl and Bonham Streets to the end of the several lines now constructed or of any extension of same hereafter built in pursuance of this franchise or any amendment thereto. The City Council or other governing body of the City of Beaumont shall have the power hereafter from time to time to fix the schedules upon all lines or any of same as it may deem proper. Provided that no schedule shall hereafter be reduced to less intervals between oars than those hereinbefore provided on any line to such extent that the average gross earnings of all cars required on such lines to comply with the said reduced schedule, shall fall below a reasonably profita- 10. ble rate per day per car. Provided further, that the City Council, through its Mayor or by resolution, may require of the manager, President or other proper officer of the grantee to make an affidavit, whenever called upon to do so, which affidavit shall show the gross earnings of all cars on any line, and the number of cars operated thereon, and the City shall have the power to detail an officer or otherwise to check and corroborate the said affidavit to its satisfaction for the purpose of determining the average gross earn- ings of cars and such officer shall have free access to all car --records and free transportation on all cars for such purposes, provided, the grantee can legally issue the same. Cars shall operate on above schedules from 5:30 o'clock A.M. to 10 o'clock P.M. on all lines and between the hours of ten o'clock P.M. and twelve o'clock midnight, the cars may be operated on a twenty minute schedule on all lines, provided the City Council may by resolution require the said grantee to operate cars, on any or all lines between the hours of 10 o'clock P.M. and 12 o'clock midnight on the same schedule time hereinbefore required between the hours of 5:30 A.M. and 10 o'clock P.M. SECTION XII. FARBS AND .TRANSFERS . That the grantee may charge and is authorized to collect a fare of five cents for each single trip for each passenger, and shall provide convenient transfer certificates with close and convenient connection of cars, at the Post Office corner and at other conve- nient points,' and such transfers shall be provided from and to all of its connecting lines where a change of cars is necessary to Take a continuous trip, but such transfer certificates shall be good only when presented by the same passenger on the first available car on the connecting line padAng the connecting point; provided that not ble rate per day per car. Provided further, that the City Council, through its Mayor or by resolution, may require of the Manager, President or other proper officer of the grantee to make an affidavit, whenever called upon to do so, which affidavit shall show the gross earnings of all cars on any line, and the number of cars operated thereon, and the City shall have the power to detail an officer or oto rwise to check and corroborate the said affidavit to its satisfaction for the purpose of determining the average gross earn- ings of cars and such officer shall have free access to all car records and free transportation on all care for such purposes, provided, the grantee can legally issue the same. Cars shall operate on above ,schedules from 5030 o'clock A.M. to 10 o'clock P.M. on all lines and between the hours of tell o'clock P.M. and twelve o' eloa�k midnight, the cars may be operated on a twenty minute schedule on all lines, provided the City Council may by resolution require the said grantee to operate cars, on any or all lines between the hours of 10 o'clock P.Q. and 12 o'clock midnight on the same schedule time hereinbefore required between the hours of 5:30 A.M. and 10 o'clock P.M. SECTION XII. PARTS AND .TRANSFERS. That the grantee may charge and is authorized to collect a fare of five cents for each single trip for each passenger, and shall provide convenient transfer certificates with close and convenient connection of cars, at the Post Office corner and at other conve- nient points,' and such transfers shall be provided from and to all of its connecting lines where a change of cars is necessary to make a continuous trip, but such transfer certificates shall be good only when presented by the same passenger on the first available car on the connecting lino passing the connecting point; provided that not more than one transfer shall be issued on a single cash fare. School children shall be carried on their way to and from Rha school at two and one-half cents for each single trip under conve-- 11. nient regulations of the City Council as to tickets, and such tickets to be good only between the hours of 7 A.I.T. and 5 P.M. Children under five years of age when accompanied by a person paying fare, shall be permitted to ride free. City police officers, and firemen in uniform shall be carried free of charge as long as such is not forbidden by law. SECTION XIII. BONDING OF RAILS AND RETURNING CURRENT. That in case the rails are joined by any other form than a cast gelded or electrically welded joint, there shall be used some good and approved system of bonding which will connect the ends of the rails in such manner that the conductivity of the joints shall be such as to render them capable of preventing in so far as prac- ticable any tendency for the current to shunt at that point, and as nearly equivalent to the carrying capacity of the railo as neeessaxy for that purpose. The rails of each dingle track and the inside rails of the double track of all tracks shall be connected by suf- ficient cross bonds of copper wire spaced not more than one thousand feet apart, and properly secured to the rails in such manner as to secure proper conductivity. The grantee shall use the most approved method of bonding and returning current to their plant so as to prevent damage from electrolysis as effectually as practi- cable. And the City Council of the City of Beaumont shall have the right to make or cause to be made at any time an electrical Survey to determine whether or not the rails are bonded so as to prevent damage from electrolysis as effectually as practicable. SECTION XIV. nient regulations of the City Council as to tickets, and such tickets to be good only between the hourp, of 7 A.M. and 5 P.M. Children under five years of age when accompanied by a person paying fare, shall be permitted to ride free. City police officers, and firemen in uniform shall be carried free of charge as long as such is not forbidden by law. SECTION XIII. BONDING OF RAILS AND RETURNING OUR ENT . That in case the rails are joined by any other form than a cast welded or electrically welded joint, there shall be used some good and approved system of bonding which will connect the ends of the rails in ouch manner that the conductivity of the joints shall be such as to render them capable of preventing in so far as prac- ticable any tendency for the current to shunt at that point, and as nearly equivalent to the carrying capacity of the rails as necessary for that purpose. The rails of each dingle track and the inside rails of the double track of all tracks shall be connected by suf- ficient cross bonds of copper wire spaced not more than one thousand feet apart, and properly secured to the rails in Bach manner as to secure proper conductivity. The grantee shall use the most approved method of bonding and returning current to their plant so as to prevent damage from electrolysis as effectually as practi- cable. And the City Council of the City of Beaumont shall have the right to make or cause to be made at any time an electrical survey to determine whether or not the rails are bonded so as to prevent damage from electrolysis as effectually as practicable. SECTION XIV. That the grantee shall make all repairs and do all construe - tion work affecting the streets, under the supervision of the City Engineer, but the City Engineer shall have no authority to waive any 12. requirements imposed upon the grantee, either by this franchise, or by resolution of the City Council pursuant to this franchise or any 01th er law; and it is hereby made the duty of the :said engineer of the City of Beaumont to supervise all construction and repair work on all street car lines of the grantee involving any interference whether temporary or permanent, with the grades'and levels of the streets of the City, and to require the grantee herein to promptly cause the streets to be restored to at least as good condition Os they were in before such construction or repair work. That the grantee herein shall, in constructing or repairing the road -bed and trach.s for said railway, restore all streets and avenues so used and occupied by it to their former condition by re- filling and packing thoroughly any and all excavations made by them, and doing and perforraing whatever may be necessary in order to make such restoration, and failing to do so within ten days after notice is given by the Mayor or City Council, the Mayor or City Council may order the work done, and the grantee shall be liable for the cost of said work and suoh cost shall be a first lien upon the railway, equipment, property and franchises of said grantee. RAILS. That the City Council of the City of Beaumont reserveo the right at any time to require a change of the rails in any track or tracks of the grantee where this may be reasonably necessary to pre- vent the impairment of the street for the use of vehicles or pedes- trians; and whenever any new tracks are to be laid, or any of the present tracks are to be relaid, or any street over which the grantee's ! tracks extend is to be paved or repaved, the City Council of the 1tv of Beaumont Shall have t11P rinht to wMiAr arnri rArml."A VIA requirements imposed upon the grantee, either by this franehiee, or by resolution of the City Council pursuant to this franchise or any Other law; and it is hereby made the ditty of the said engineer of the Cit,r of Beaumont to supervise all construction and repair work on all street car lines of the grantee involving any interference whether temporary or permanent, with the grades and levels of the streets of the City, and to require the grantee herein to promptly cause the streets to be restored to at &east as good condition Ss they were in before such construction or repair work. That the grantee herein shall, in constructing or repairing the road -bed and tracks for said railway, restore all streets and avenues so used and occupied by it to their former condition by re- filling and packing thoroughly any and all excavations made by them, and doing and performing whatever may be necessary in order to make such restoration, and failing to do so within ten days after notice is given by the Mayor or City Council, the Mayor or City Council may order the work done, and the grantee shall be liable for the cost of said work and such cost shall be a first lien upon the railway, equipment, property and franchises of said grantee. RAILS. That the City Council of the City of Beaumont reserves the right at any time to require a change of the rails in any track or tracks of the grantee where this may be reasonably necessary to pre- vent the impairment of the street for the use of vehicles or pedes- trians; and whenever any neer tracks are to be laid, or any of the present tracks are to be relaid, or any street over which the grantee's tracks extend is to be paved or repaved, the City Council of the City of Beaumont shall have the right to order and require the grantee to con6truct or reconstruct said tracks or rails of such character, size and dimensions as said City Council may prescribe. 13. SECTION XVI FA IRETV WN 41 WIDIM" That the grantee shall not abandon any part of the aforesaid lines without the consent of the City Council expressed in the form of an Ordinance authorizing such abandonment; and the said grantee shall be required to operate all lines now built or hereafter to be built by it or its successors or assigns as one system of street railway. SECTION XVII USE OF TRACKS BY OTHER COMPANIES. That in case any other person, fiinm or corporation shall { obtain a franchise from the City Of Beaumont for the construction and operation of a street car line over the streets of the City of Beaumont, the City reserves the right to permit such person, firm or corporation to operate its cars over any track of the grantee for a distance not to exceed eleven hundred feet at any one stretch, when same is reasonably necessary in the public interest and fo.c.' tho public convenience, in the opinion of the City Council. And in case of any interurban railway running into the City of Beaumont, the City of Beaumont reserves the right to permit or require such interurban railway to operate its passenger cars over so much of the track of the grantee as the City Council may deem reasonably necessary in the public interest and for the public convenience to enable such interurban railway to reach the main business streets and a convenient terminus in the City. The permits above provided for shall be granted only after the grantee shall have been accorded a reasonable opportunity to be 13. SECTION XVI ABANDONMEN. That the grantee shall not abandon any part of the aforesaid lines without the consent of the City Council expressed in the form of an Ordinance authorizing such abandonment; and the said grantee. shall be required to operate all lines now built or hereafter to be built by it or its successors or assigns as one system of street railway. SECTION XVII. USE O. TRACKS BY OTHER CQr+IPANIES. That in case any other person, firm or corporation shall a obtain a franchise from the City of Beaumont for the construction and operation of a street car line over the streets of the City of Beaumont, the City reserves the right to permit such person, firm or corporation to operate its cars over any track of the grantee for a distance not to exceed eleven hundred feet at any one stretch, when same is reasonably necessary in the public interest ac1d, f_o.r the public convenience, in the opinion of the City Council. And in case of any interurban railway running into the City of Beaumont, the City of Beaumont reserves the right to permit or require such interurban railway to operate ito passenger cars over so much of the track of the grantee as the City Council may deem reasonably necessary in the public interest and for the public convenience to enable such interurban railway to reach the main business streets and a convenient terminus in the City. The permits above provided for shall be granted only after the grantee shall have been accorded a reasonable opportunity to be heard with regard to the question of the reasonable necessity for such permit, and subject to reasonable terms and conditions as to the compensation and division of the costs of maintenance and regulations of the time and manner of operation of cars; and said permits shall (ri-{�- ` U'uroti� —I I A—� -1 14. in no case take effect until said teTms and conditions shall have been determined, as follows, to -wit: When such pe=rmit is granted, the City Council shall name a time within which the parties may agree upgn said terms and conditions. If within the time so named the parties cannot agree, the matter shall be stibmitted to three arbitrators, one 'to be chosen by each of tha parties, and the third by these two. An award of any two thereof shall be final and binding upon both parties. If no such award is made within ninety days after appointment of 'the ar- bitrators, the City Council may by resolution prescribe the terms and conditions, and same shall be final -and binding on both parties. And in case any new line of street railway or any interurban railway shall be constructed in the City limits ofthe said City of Beaumont by any other company than said grantee, the City reserves the power to re quire the grantee hereof and such other company or companies to provide interchangeable transfers which shall be mu- tually accepted; provided that no such requirement will ever be made by the City Council unless at the same time reasonable provis- ions shall be made by the City Council governing the division of fares for such connected service; and provided further that the City will only e5tercise this poorer when reasonably necessary for the public interest or convenience. SECTION XVIII. GAUGE AND LOCATION OF TRACK . That the grantee shall maintain standard gauge lines such as are now in use, and in all future construction, unless otherwise provided by ordinances, -shall keep its tracks midway of the streets in no case take effect until said terms and conditions shall have been determined, as follows, to -wit: When such permit is granted, the City Council shall narne a time Wit}iin which the parties may agree upon said term; and conditions. If Within the time so named the parties cannot agree, the matter shall be submitted to three arbitrators, one to be chosen by each of the parties, and the third by these two. An award of any two thereof shall be final and binding upon both parties. If no such award is made Within ninety days after appointment of the ar- bitrators, the City Council may by resolution prescribe the terms and conditions, and same shall be finals and binding on both parties. And in case any new line of -street railway or any interurban railway shall be constructed in the City limits ofthe said City of Beaumont by any other company than said grantee, the City reserves the power to require the grantee hereof and such other company or companies to provide interchangeable transfers Which shall be mu- tually accepted; provided that no such requirement will ever be made by the City Coum ii unless at the game time reasonable provis- ions shall be made by the City Council governing the division of fares for such connected service; and provided further that the City will only eRercise this power when .reasonably necessary for the public interest or convenience. SECTION XVIII. GAUGE AND LOCATION OF TRACKS. That the grantee shall maintain standard gauge lines such as are now in use, and in all future construction, unless otherwise provided by ordinances, shall keep its tracks midway of the streets and when a double track is permitted shall lay its double tracks or switches on each side of the middle of the streets, covering no greater part of the street than is reasonably necessary for safe passage of cars; and it shall have the right to lay double tracks UR1�, V1 15. on such partions of the streets covered by this franchise as it shall hereafter obtain opecial permission for from the City Council. SECTION XIX. 1;LD16iffim UJUDRUM That in any case where it is herein provided that the grantee shall perform any act and it shell fail to do so upon reasonable no- tice from the Mayor of the City of Beaumont, of a requirement by the City Council that it should six do such act, the City shall have the right in addition to all other rights and remedies herein provided to do or order same to be done by, and at the cost of the City, and the cost thereof, with six per cent. interest per annum,shall be paid to the City by the grantee herein, on demand by the City for the pay- ment thereof; and in the event of failure to make payment thereof to the City within thirty days after demand, said indebtedness shall thereafter bear interest until paid at the rate of ten Der cent. per annum instead of six per oent., and the City shall be entitled alter demand to at once aue for and recover judgment against said grantee, for the. full amount of said indebtedness, and interest, and in addi- tion thereto, a penalty amounting to ten per cent. of such principal and interest, and all costs of said suit. SECTION XX. LIEN OF CITY. That in every case where any sum of money, whether by way of debt, fine, forfeit, penalty or otherwise, shall become payable from the grantee to the City of Beaumont under any provision of this ordinance,the same shall be a lien upon all the poles, wires, rails, tracks, cars, franchises and other property of the grantee in the on each portions of the streets covered by this franchise as it shall hereafter obtain special permission for from the City Council. SECTION XIX. That in any case where it is herein provided that the grantee shall perform any act and it shall fail to do so upon reasonable no- tice from the mayor of the City of Beaumont, of a requirement by 'the City Council that it should ma do such act, the City shall have the right in addition to all other rights and remedies herein provided to do or order same to be done by, and at the cost of the City, and the cost thereof, with six per cent. interest per annum,shall be paid to the City by the grantee herein, on demand by the City for the pay- ment thereof; and in the event of failure to make payment thereof to the City within thirty days after demand, said indebtedness shall thereafter bear interest until paid at the rate of ten per cent. per annum instead of six per pent., and the City shall be entitled after demand to at once sue for and recover judgment against said grantee, for the fall amount of said indebtedness, and interest, and in addi- tion thereto, a penalty amounting to ten per cent. of such principal and interest, and all costs of said suit. SECTION XX. LIEN OF CITY. That in every case where any sum of money, whether by way of debt, fine, forfeit, penalty or otherwise, shall become payable from the grantee to the City of Beaumont under any provision of this ordinance,the same shall be a lien upon all the poles, wires, rails, tracks, cars, franchises and other property of the grantee in the City of Beaumont, and as to all of said property the lien of the City shall have preference and priority over all mortgages and other liens, except liens for State, County and municipal taxes; and allers n claiming p o s c a ng any right or interest In said properties under I� q t 1 ls. the grantee, whether under contract executed before or after the accrual of such claim in : vor of the City, must tape notice hereof and postpone their claims to the said claims of the City. SECTION XXI. That for the purpose of enabling the City to detergline from time to time the schedules to be maintained and for enabling the City I to frame reasonable ordinances -relative to the said grantee and to determine the amount of compensation to be paid under Section 5 hereof, the grantee shall make to' the City Council annual reports shoring its gross receipts from all sources; the amount of its stook and bonds outstanding and the actual sums received by it for them;. the interest due upon it, bonds; all other indebtedness of the gran— tee; the number and classes of its employees and salaries paid to each class; all other expenses incurred by it in sufficient detail 1 to render them conveniently intelligible. Should the City Council desire additional information for the purpose of this section, it may have the books of the grantee audited Dr cause them to be pro- duced before it for inspection at any meeting; may call the employees of the gzantee or call any person before it to give evidence upon the matters and things then under enmiiry, and compel their attend- ances as provided in Section 97 of the City Charter; and the grantee shall keep all of its books at its office in -the City of Beaumont, so that same may be acceecible at all times. SECTION XXI I . sU ,CESOR Ari h5 G That every duty, obl.;gation and restriction herein imposed the grantee, whether under contract executed before or after the accrual of such claim in Jtvor of the City, must tale notice herdof and postpone their claims to the said claims of the City. SECTION XXI. ANNUS REPO IUS . That for the purpose of enabling the City to deter;�ine from time to time the schedules to be maintained and for enabling the City to frame reasonable ordinances relative to the said grantee and to determine the amount of compensation to be paid under Section 5 hereof, the grantee shall make to' the City Council annual reports showing its gross receipts from all sources; the amount of its stock and bonds outstanding and the actual sums received by it for them the interest due upon its bonds; all other indebtedness of the gran- tee; the number and classes of its employees and salaries paid to each class; all other expenses incurred by it in sufficient detail to render them conveniently intelligible. Should the City Council desire additional information for the purpose of this section, it may have the books of the grantee audited .Qr cause them to be pro- duced before it for inspection at any meeting; may call the employees of the g-rantee or call any person before it to give evidence upon the matters and things then under enquiry, and compel their attend- ance, as provided in Section 97 of the City Charter; and the grantee shall keep all of its books at its office in the City of Beaumont, so that same may be accessible at all times. SECTION XXII. -SUCCESSORS AND ASSIGNS. That every duty, obligation and restriction herein imposed upon the grantee, Beaumont Traction Company, shall be deemed to have been assumed by and apply to and be binding upon any person, fire or corporation succeeding to the Beaumont Traction Company in i .t LD Y)- t�IeA 12 17. the operation of said Vailway lines; and all rights, claims, liens, remedies, penalties, fines and forfeitures herein provided in favor of the City of Beaumont against the Beaumont Traction Company, shall also exist in favor of said City 6gainst any successor, receiver or assign of said Beaumont Traction Company. SECTION .XVIII. EXTENSION OF LTHM. That the grantee shall extend its existing lines or build additional lines of street railway along the streets leading into any territory within the City limits, when required so to do by se$ix resolution of two-thirds of the City Council; provided such extensions shall not be required by the City Council unless after due notice to the grantee and a hearing upon the matter, it shall appear to the - Council that such extension will yield an additional gross annual revenue sufficient to pay the additional operating expense to the grantee entailed by reason of such extension of its lines, together with interest at the Nate of ;seven pens cent. on the cost of said con- struction and the extra equipment required to operate such extensions. The cost of such operation shall be determined by comparison with the average cost per car mile of all cars operated by the gran- tee, for twelve months preceding the hearing. Provided, that no such extensions shall be required for three years after the acceptance of this ordinance, and that in no event shall such xt nsions be thereafter required to an extent in If ``� excess ofnone t ae mile in every three years. ��G U. pl 6 And provided farther, that ie the evett of a disagreement betr7een the City Council and the grantee as to whether 'the proposed extension will yield. the additional gross annual revenae hereinbe- °� remedied, penalties, fines and forfeitures he��ein provided in favor of the City of Beaumont against the Beaumont Traction Company, shall also exist in favor of said City against any successoTi receiver or assign of said Beaumont Traction Company. SECTION XXIII. EXTENSION OF LINES. That the grantee shall extend its existing lines or build additional lines of street railway along the streets leading into any territory within 'the City limits, when required so to do by x%a� resolution of two-thirds of the City Council; provided such extensions shall not be required by the City Council unless after due notice to the grantee and a hearing upon the matter, it shall appear to the Council that such extension will yield an additional gross annual. revenue sufficient to pay the additional operating expense to the grantee entailed by reason of such extension of its lines, together with intereet at the rate of seven per cent. on the cost of said con- struction and the extra equipment required to operate such extensions. The cost of such operation shall be determined by comparison with the average cost per car mile of all cars operated by the gr,an- tee, for twelve months preceding the hearing. Provided, that no ,such extensions shall be required for three years after the acceptance of this ordinance, and that in no event shall such xt nsions be thereafter required to an extent in G, ;i�Gt�.PJL�G excess ofnone t4ack mile in every three years G c� �vtrcde L�y�e Gaut � �ca�����2'2G� And provided further, that IW the evemt of a disagreement between the City Council and the grantee as to whether 'the proposed extension will yield the additional gross annual revenue hereinbe- Y g fore required, the matter shall be referred for deciaion to three' competent perdons as arbitrators, one to be selected by the rlayor of the City of Beaumont, and one by the grantee and the third by these � two; the decision of any two of the said arbitrators to be final 18 . and binding upon both parties; and the reasonable compensation for such third arbitrator as may be chosen to be equally divided between the grantee and the said City of Beaumont. SECTION XXIV. TEM -11 -NATIONS AND FORFEITURES. That this franchise shall stand terminated at the end of the term limited by section one of this Ordinance unless it shall be terminated sooner by default of said grantee, its successors or assigns, as provided in other sections of this ordinance, or by de - .fault of said grantee, its successors or assigns,under, the provisions of this section as ascertained by a judgment of a court of competent jurisdiction in a suit to which said City of Beaumont and said grantee, its successors or assigns, are parties and in which the for- feiture of this franchise Is .sought. This franchise and all amendments thereto under which the grantee, its successors or assigns, may hereafter be operating its lines of railway in the City of Baaumont may be forfeited and so ad- judged by decree in a proper proeaediug in a court of competent juris- diction, for the following causes, in clddition to all other causes in this ordinance provided, to -wit: FIRST. Persistent or repeated failure on the part of the grantee, or its agents, amounting to willfulness or negligence, to maintain any schedule or schedules as provided in this ordinance or which the City Council may hereafter establish pursuant to the pro- visions of Section 11 of this ordinance; provided, however, a tempor- ary failure to maintain schedules on account of new co ztruetion om� reconstruction work on its .tracks or foundations, thereof, or on ac- and binding upon both parties; and the reasonable compensation for such third arbitrator as .nay be chosen to be equally divided between the grantee and the said City of Beawaont. SECTION XXIV. TERMINATIONS AND F ORFEI TURES . That this franchise shall stand terminated at the end of the term limited by section one of this Ordinance unless it shall be terminated sooner by default of said grantee, its successors or assigns, as provided in other sections of this Ordinance, or by de- fault of said grantee, its ouccessors or assigns,unde37 the provisions of this section as ascertained by a judgment of a court of competent jurisdiction in a suit to which said City of Beaumont and said grantee, its successors or assigns, are parties and in which the for- feiture of this franchise Is .sought. This franchise and all amen(Jiaents thereto unde:c which the grantee, its successors or asoigno, may hereafter be operating its lines of railway in the City of Baraiuiont may be forfeited and so ad- judged by decree in a proper proceeding in a court of competent juris- diction, for the following causes, in viddition to all other causes in this ordinance provided, to -wit: FIRST. Persistent or repeated failure on the part of the grantee, or its agents, amounting to willfulness or negligence, to maintain any schedule or schedules as provided in this ordinance or which the City Council may hereafter establish pursuant to the pro- visions of Section 11 of this ordinance; provided, however, a tempor- ary failure to maintain schedules on account of new coce truetion cMP reconstruction work on its .tracks or foundations thereof, or on ac- count of paving work being done by the City, or on account of strikes, reasonably unavoidable failure of power, accidents or other causes beyond the control of said grantee shall not be a cause for for- feiture of this franchise. 19. SECOND. Any fraud or intentional deception or concealment practised by the grantee or its agents in making up and presenting to the City its reports provided for in Section 21 of this ordinance, shall be a ground for forfeiture of this franchise and all amendments thereof. THIRD. The grantee herein, Beaumont Traction Company, shall observe faithfully all the obligations herein assLined by it in ac- cepting this franchise; and persistent or continued violation by it, amounting to willftilness or negligence, of any of the I:xovisions of this ordinance after reasonable notice to remedy or desist there- from,shall be a ground for forfeiture of thio franchise, and all amend- ments thereof, and all rights and privileges of the grantee thereunder, regardless of any other remedy provided herein or authorized in lavr or equity. The forfeiture of this franchise from any cause, after its acceptance as provided in this franchise shall not in any manner revive, renew or m restore any of the former franchises, permits, righte, or Privileges of the grantee, which, upon acceptance of this franchise are repealed and cancelled by the provisions of Section I of thio Ordinance. SECTION KXV . PENAI,TI'ES FOR FAILURE 0P 4 ,HED TLES . That in the event the grantee, its officers or agents, shall WiilftLlly or negligently -cai? to maintain any schedule or schedules as in this ordinance provided, or which the City Council may here - r after legally establish pursuant to the provisions of Section 11 of this ordinance. (temporary delays on account of new constimaction or reconstruction work on its tracks or foundations thereof, or on SECOND. Any fraud or intentional. deception or concealment practised by the grantee or its agents in making up and presenting to the City its reports provided for in Section 21 of this ordinance, shall be a ground for forfeiture of this franchise and all amendments thereof. THIRD. The grantee hexein, Beaumont Traction Company, shall observe faithfully all the obligations herein assumed by it in ac- cepting this franchise; and persistent or continued violation by it, amounting to willfulness or negligence, of any of the Z:rovisions of this ordinance after reasonable notice to remedy or desist there- from, shall be a ground for forfeiture of thio franchise, and all amend- ments thereof, and all rights arra, privileges of the grantee thereunder, regardless of any other remedy provided herein or authorized in law or equity. The forfeiture of this franchise from any cause, after its ccept ance as provided in this franchise shall not in any manner revive, renew or M restore any of the fo-mar franchises, permits, rights, or privi?eges of the grantee, which, upon acceptance of this franchise are repealed and cancelled by the provisions of Section I of this Ordinance. SECTION XXV. PENALTIES FOR FAILURE OP SCHEDITZES_. That in the event the grantee, its officers or agents, shall ,1 wiilfally or negligently fail to maintain any schedule or schedules as in this ordinance provided, or which the City Council may here- after legally establish pursuant to the provisions of Section 11 of this ordinance, ( temporary delays on account of new Construction or reconstruction work on its tracks or foundations thereof, or on account of paving work being done by the City`, or on account of strifes or reasonably unavoidable failure of power, accidents or other causes beyond the control of said grantee being excepted), said grantee shall forfeit and pay to the. City of Beaumont a sum not 20. less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense; and each day upon which such willful or negligent Vlj default or failure shall occur shall be deemed a separate offense; and the City of Beaumont shall have a first lien of the character, extent and priority defined in Section 20 of this ordinance, upon the property of said grantee for the payment of all such penalties and forfeitures and such penalties and forfeitures may be recovered by the City of Beaumont in any court of competent jurisdiction. Un- less the City Council or Mayor has previously notified in writing the grantee or its manager in Beaumont of the City's intention to invoke the remedy herein provided, the City shall be limited in the recovery of penalties to the extent of ten days prior to filing the suit and such penalties as accrue after filing of such suit. Nothing herein provided shall deprive the City of the right of forfeiture under the provisions for forfeiture in this franchise. SECTION XXVI. P�ITIES_FOR OTHER FAILURES. That in the event the grantee, its officers or agents, after written notice or warning from the City Council or the Mayor of the �1 City of Beaumont to said grantee, shall willfully or negligently fail to perforin any duty imposed upon the grantee by the provisions of this ordinance, said grantee shall forfeit and pay to the City of Beaumont a sum not less than ten dollars ($10.00) nor more than ,r tw9ni t[ fifty dollars (050.00) for each offense; and each day upon wh:b h such willful or ' negligent default or failure shall oodur shall be deemed a separate offense;. and the City of Beaumont shall have a first lien upon the property of said grantee for the payment of all such penalties and forfeitures, of the character, extent and priority V default or failure shall occur shall be deemed a separate offense; and the City of Beaumont shall have a first lien of the oharaeter, extent and priority defined in Section 20 of this ordinance, upon the property of said grantee for the payment of all such penalties and forfeitures and such penalties and forfeitures may be recovered by the City of Beaumont in any court of competent jurisdiction. Un- less the City Council or Mayor has previously notified in writing the grantee or its manager in Beaumont of the City's intention to involve the remedy herein provided, the City shall be limited in th3 recovery of penalties to the extent of ten days prior to filitg the suit and such penalties as accrue after filing of such suit. Nothing herein provided shall, deprive the City of the right of forfeiture under the provisions for forfeiture in this franchise. -1 SECTION XXVI. PENALTIES FQR OTHER FAILURES. That in the event the grantee: its officers or agents, after written notice or warning from the City Council or the Mayor of the City of Beaumont to said grantee, shall willfully or negligently fail to perform any duty imposed upon the grantee by the provisions of this ordinance, said grantee shall forfeit and pay to the City of Beaumont a sum not less than ten dollars ($10.00) nor more than' f: Uaxlx fifty dollars ($50.0.0) for each offense; and each day upon whio h such willfal or'negligent default or failure shall oodur shall be deemed a separate offense; and the City of Beaumont shall have a first lien upon the property of said grantee for the payment of all such penalties and forfeitures, of the oharaeter, extent and priority defined in Section 20' of this Ordinance and such penalties and for- feitures may be recovered by the City of Beaumont in any court of competent jurisdiction without depriving the City of its right of forfeiture under the provisions for forfeiture in this franchise. 21. SECTION XXVII. 0 IMMM Ai� That the grantee is hereby authorized to erect and maintain a system of overhead wires above its street railway in the City o`f Beaumont for `the purpose of conducting electric current and to use the rails for return circuit, or it may use overhead wires for the return circuit; it is authorized to operate electric generators to generate the clzrrent with which to' propel the cars upon said street railway; it is authorized to erect poles to place the wires upon; said poles to be placed on the outside edge of the sidewalk within the curb lines, and said poles to be not less than 100 feet apart; and to be straight, shapely, of uniform size and thoroughly painted of such color as the City Council may direct; all poles, overhead wires and fixtures to be first class in every respect, fitted with proper safe -guards and to.be at all times kept in good repair, and replaced and renewed when needed. Provided, that the location of all poles hereafter erected shall be placed under the supervision of the City Engineer. That the rights and privileges.granted by this section shall apply on such portions of the streets of the City of Beaumont as said grantee does now or sxa ll hereafter be authorized to operate its street railway, upon; and said grantee is authorized to construct and maintain feed wires upon its poles along its lines of street railways now or hereafter operated by it; and may also maintain and operate such additional feed and return current wires as are now in use. But no feed or return current wires in addition to those now in use shall be erected without permission of the City Council of the City of Beaumont; and all such feed wires shall be thoroughly insulated and shall be constructed and maintained in good 11 POLES; ALRE, , ETC. That the grantee is hereby authorized to erect and maintain a system of overhead wires above its street railway in the City of Beaumont for the purpose of conducting electric current and to use the rails for return circuit, ar it May use overhead wires for the return circuit; it is authorized to operate electric generators to generate the current with which to propel the cars upon said street railway; it is authorized to erect poles to place the wires upon; said poles to be placed on the outside edge of the sidewalk within the curb lines, and said poles to be not less than 100 feet apart; and.to be straight, shapely, of uniform size and thoroughly painted of such color as the City Council may direct; all poles, overhead wires and fixtures to be first class in every respect, fitted with proper safe -guards and to be at all times kept in good repair, and replaced and renewed when needed. Provided, that the location of all poles hereafter erected shall be placed under the supervision of the City Engineer. That the rights and privileges granted by this section shall apply on such portions of the streets of the City of Beaumont as said grantee does now or sim ll hereafter be authorized to operate Its street railway upon; and said grantee is authorized to construct and maintain feed wires upon its poles along its lines of street railways noir or hereafter operated by it; and may also maintain and operate such additional feed and return current wires as are now in use. But no feed or return current wires in addition to those now in use shall be erected without permission of the City Council of the City of Beaumont; and all such feed wires shall be thoroughly insulated and shall be constructed and maintained in good order and condition. That when new lines, or extensions of present lines are to be constructed, or renewals are to be made on any lines, the City 22. Council shall be authorized and empowered to prescribe therefor the size, character, quality and height of poles, overhead wires, fixtures and safeguards to be used by said grantee. SECTION XXVIII. VESTIBULES. That each end or every car operated by the grantee shall be provided with a screen or vestibule which shall fully protect the persons operating said car from wind and weather on all cars operated between November let of each year and April lst of the next year. SECTION XXIX. •;fir �� � •, That the grantee shall at all times make pr6vision for the separation of white and negro passengers upon its ears in such manner as may be prescribed by the City Council of'the City of Beaumont, or by the laws of the State of Texas. SECTION XXX - P, ff., XX. P+moi: i o _� That the City Council of the City of Beaumont shall have authority, to enact ordinances regulating the speed of the cars; re- quiring the use of fenders and other reasonable safe -guards on ears;, and to make other reasonable regulations and requirements governing the operation of cars for the convenience and safety of passengers and the public. That the grantee, its successors and assigns, shall own, maintain and operate its street railway in the City of Beaumont under the rights and privileges granted by this ordinance, subject to the sizo, character, quality and height of poles, -overhead wires, fixtures and safegaards to be used by said grantee. SECTION XXVIII. VESTTBULEa. That each end of every car operated by the grantee shall be provided with a Screen oil vestibule which shall fully protect the persons operating said car from wind and weather on all cars operated between November 1st of each year and April lot of the next year. SECTION XXIX. ' AR.- "0101 That the grantee shall at all times make p r Vision for the separation of white and negro passengers upon its cars in such manner as may be prescribed by the City Council of the City of Beaumont, or by the laws of the State of Texas. SECTION XXX. EEGULATI ONS . That the City Council of the City Of Beaumont shall have authority to enact ordinances regmlating the speed of the cai-s; re- quiring the use of fenders and other reasonable safe -guards on cars; and to make other reasonable regulations and requirements governing the operation of cars for the convenience and safety of passengers and the public. That the grantee, its successors and assigns, shall own, maintain and operate its street railway in the City of Beaumont under the rights and privileges granted by this ordinance, subject to the provisions of the Charter of the City of Beaumont, all ordinances passed pursuant to the provisions of this ordinance and all other legal ordinance,s 'which may be, enacted by the City Council of the City of 23. Beaumont, in the exercise of its legal police powers or xxx pursuant to its charter. ; F Provided, that as regards the power of the City Council to require the illumination by the grantee of the streets over which its tracks run, the measure of the right of the City Council shall be the measure stipulated in Section 35 of this ordinance. SECTION XXXI. DISITISSAL OP RECEIVERSHIP. That in the event the receivership suit now pending in the United States Circuit Court for the Eastern District of Texas at Beaumont, being Cause j�157 in equity, entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, shall not be disposed of and the reeeive2 discharged, and ,the properties of the grantee be delivered. to it within twenty-one months after the acceptance of this franchise, then and in that event this ordinance and franchise shall thereupon stand cancelled, revoked and repealed without need of judicial ascertaianzent, and all previous franchises, rights and privileges held by said grantee by virtue of the ordinance and per- mits hereinbefore mentioned, and which are repealed by Section One hereof shall not be thereby revived, but shall remain cancelled, revoked and repealed. SECTION XXXII, That the grantee shall hold the City.harmless from any dam- ages or injuries to property or persons t1mt may be occasioned by, or in connection with the construction or operation of said electric street railway system, or in connection with the improvement or re- pair of said system or of any street: by the grantee. to its charter. Provided, that as regards the power of the City Council to require the illumination by the grantee of the streets over which its tracks xun, the meas ire of the right of the City Council shall be the measure stipulated in Section 35 of this ordinance. SECTION XXXI. DISMISSAL OF RECEIVERSHIP. That in the event the receivership suit nor pending in the United States Circuit Court for the Eastern District of Texas at Beaumont, being Cause Jr157 in equity, entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, shall not be disposed of and the receive2 discharged, and the properties of the grantee be delivered. to it within twenty-one months after the acceptance of this franchise, then and in that event this ordinance and franchise shall thereupon stand cancelled, revoked and repealed without need of judicial ascertainment, and all previous franchises, rights and privileges held by said grantee by virtue of the ordinance and per- mits hereinbefore mentioned, and which are repealed by Section One hereof shall not be thereby revised, but shall remain cancelled, revoked and repealed. SECTION XXXII. PWIRDIMIKO"Offaw"A That the grantee shall hold the City.harmless from any dam- ages or injuries to property or persons tlEat may be occasioned by, or in connection with the construction or operation of said electric street railwav system, or in connection with the improvement or re- pair of said system or of any streets by the grantee. SECTION XXXIII. ACCEPTANCE. This ordinance shall become effective upon aeeeptanee.at any 24. time after thirty days and within 90 days after the passage hereof, which acceptance shall be made by a fulfillment of the following terms and conditions: FIRST. The filing with the City Secretary of .the City of Beaumont of a writing signed and sealed in the name and on behalf of Rn= mm t the grantee, by its President and Secretary, formally accept- ing the rights, privileges and franchises conferred by this ordinance, and accepting and agreeing to be bound by all said tertno and condi- tions thereof, such writing to -be accompanied by a certified copy of resolutions duly adopted by the stockholders and the Board of Directors of the grantee authorizing the execution of such writing. SECOND. The filing with the City Secretary of the City of Beaumont of an instrument in writing duly executed and acknowl-edged by the Trustee of the bondholders of said grantee, xgzantxg and also executed by the holders of all bonds of said grantee, agreeing to the acceptance of this ordinance by said grantee and ratifying the same; provided, if tle holders of at least two-thirds of the bonds give such. consent, the City Council may accept in lieu of the consent of any remaining bondholders a good and sufficient bond by the grantee in not legs than the amount,of such remaining bonds guaranteeing the City against any claim by the holders of such remaining bonds against the binding force of this franchise upon them, such bond to be subject to approval by the City Council. THIRD. The filing with the City secretary of the City of Beaumont of a similar writing signed by the Receiver of the Beaumont Traction Company executed in pursuance and under the authority of a I e_� decree of the United States Circuit Court for the Eastern Disttict of Texas in Cause No. 157 in equity, authorizing -the execution of such writing by said Receiver, a duly certified copy of said decree o , which acceptance shall be made by a fulfillment of the following terms and conditions: FIRST. The filing with the City Secretary of the City of Beaumont of a writing signed and sealed in the name and on' -behalf of Raaamaosat the grantee, by its President and Secretary, formally accept - Ing the rightst privileges and franchises conferred by this ordinance, and accepting and agreeing to be bound by all said terms and condi- tions thereof, such writing to'be accompanied by a certified copy of resolutions duly adopted by the stockholders and the Board of Directors of the grantee authorizing the execution of such writing. SECOND. The filing with the City Secretary of the City of Beaumont of an instrument in writing duly executed and acknowl-edged by the Trustee of the bondholders of said grantee, xgraeixg and also executed by the holders of all bonds of said grantee, agreeing to the acceptance of this ordinance by said grantee and ratifying the same; provided, if tle holders of at least two-thirds of the bonds give such, consent, the City Council may aceept.in lieu of the consent of any remaining bondholders a good and sufficient bond by the grantee in not less than the amount,of such remaining bonds guaranteeing the City against any claim by the holders of such remaining bonds against the binding force of this franchise upon them, such bond to, be subject to approval by the City Council. THIRD. The filing with the City Secretary of the City of Beaumont of a similar writing signed by the Receiver of the Beaumont Traction Company executed in pursuance and under the authority of a 1 Z_N decree of the United States Circuit Court for the Eastern Diettict of Texas in Cause No. 157 in equity, authorizing the execution of such writing by said Reoeiver, a duly certified copy of said decree to be attached to said xtmixt writing so to be executed and filed by d Receiver. FOURTH. The furnishing to the City Council -of the City of Beaumont of satisfactory aesurance as provided in Section 34 of this J 25. FIFTH. Upon the payment to the City of Beaumont of the in- debtedness of the grantee to the City of Beaumont in the sum of $4039.97 covering the City's claim for paving on Map-nolia and Liberty Avenues, and for paving the intersection of Park and Bowie Streets; and the sum of $500.00 additional to cover fee of City to its special attorney for services in connection with this ordinance. If the fo egoing provisions of this section shall not be eorft- - plied with th --a4NeM-6-t then this ordinance shall at once become void and of no force or effect, and stand repealed without further action by the City Council unless the time for compliance with the provisions of this section shall be extended by the Cit y'Council of the City of Beaumont for reasons deemed sufficient by it. If this ordinance shall be accepted and become effective in the manner provided in this section,, then the suits of the City of Beaumont against the grantee in the State Court, now pending, and hereinbefore referred to, shall at once be dismissed by the City of Beaumont at the cost of said grantee. SECTION XXXIV. FIRST CLASS IN TWELVE MONTHS. That the grantee shall equip and put its entire street rail- w4y system in the City of Beaumont'in first-class order and condition, including its tracks, bonding of rails, overhead work, cars, power plant, repair of its portion of streets as required herein, and con- crete foundations under tracks on streets specified in Section 7 hereof, within a period of twelve months from the acceptance of this franchise, and thereafter maintain same in first-class order and condition, and operate same in accordance with the provisions of -4 4 - a _-1 J.1-4 t debtedness of the grantee to the City of Beaumont in the sum of $4039.97 covering the City's claim for paving on Ifap-'nolia and Liberty Avernies, and for paving the intersection of Park and Bogie Streets; and the ;gum of $500.00 additional to cover fee of City to its special. attorney for services in connection with this ordinance. I�.f� the fo\�ryyJ�/eppgoinQgypro/vis no of this section shall not be com- plied with atr,V` ea:Ld iod of 9o�a+tTB,.'��t i� ft3 ' th4z-oTd-l-tie � then this ordinance shall at once become void and of no force or effect, and stand repealed without further action by the City Council unless the time for compliance with the provisions of this section shall be extended by the Cit y'Council of the City of Beaumont for reasons deemed sufficient by it. If this ordinance shall be accepted and become effective in the manner provided in this section,- then the suits of the City of Beaumont against the grantee in the State Court, now pending, and hereinbefore referred to, shall at once be dismissed by the City of Beaumont at the cost of said grantee. SECTION XXXIV. FIRST CLASS IN TWELVE MONTHS. That the grantee shall equip and put its entire street rail- wAy system in the City of Beaumont'in first-class order and condition, including its tracks, bonding of rails, overhead work, cars, power plant, repair of its portion of streets as required herein, and con- crete foundations under tracks on streets specified in Section 7 hereof, within a period of twelve months from the acceptance of this franchise, and thereafter maintain same in first-class order and condition, and operate same in accordance with the provisions of this ordinance during the period of this franchise; and before this frainchise shall become effective said grantee shall ftirnish sati€s- fa.ctory assurance to the City Council of the City of Beaumont, that 26. it has made the necessary financial arrangements, and will place its entire system in first-class order and condition as aforesaid within said period of twelve months; and upon a failure by the gran- tee to furnish such satisfactory assurance by the time allowed, said grantee to signify its acceptance of this franchise as hereinbe- fore provided, or a failure by the grantee to fully comply with its obligations to equip and put its entire system of street railway in first-class order and condition as above provided within twelve months after the acceptance of this franchise, (delays due to strikes, bad weather, or other causes beyond the control of the said grantee, excepted), unless the City Council of the City of Beaumont extends the time thereof, this ordinance and all rights, privileges and fran- chises hereunder, shall at once stand cancelled and forfeited. ard: revoked. SECTION XXXV . ` LIGHTS. The grantee shall illuminate the streets over which its lines extend at such points and places thereon as shall be designated by the City Counoil, whenever the City Council shall by resolution require said illumination. The lights therefor shall not be of less candle power than the are lights in use by the City for general street lights and shall be of . such character, kind and sie as may be designated from time to time by resolution of the City Council. Provided, that the grantee herein shall not be required to furnish more lights than they have street miles of track in the City. And providel further, that a majority portion of a street mile of track shall be considered a mile for this purpose. SECTION XXXVI. its entire system in first-class order and condition as aforesaid within said period of twelve months; and upon a failure by the gran- tee to furnish such satisfactory assurance by the time allowed, said grantee to signify its acceptance of this franchise as hereinbe- fore Pxovided, or a failure by the grantee to fully comply with its obligations to equip and put its entire system of street railway in first-class order and condition as above provided within twelve months after the acceptance of this franchise, (delays due to strikes, bad weather, or other causes beyond the control of the said grantee, excepted), unless the City Council of the City of Beaumont extends the time thereof, this ordinance and all rights, privileges and fran- chises hereunder, shall at once stand cancelled and forfeited.ard. revoked. SECTION XXXV . G T S. - The graltee shall illuminate the streets over which its lines extend at such points and places thereon as shall be designated by the City Council, whenever the City Council shall by resolution require said illumination. The lights therefor shall not be of less candle power than the are lights in use by the City for general street lights and shall be of . such character, kind and siS e as may be designated from time to time by resolution of the City l/Council. Provided, that the grantee herein shall not be required to furnish more lights than they have street miles of track in the City. And provided. further, that a majority portion of a street mile of track shall be considered a mile for this purpose. SECTION XXXVI. MOVING OF TRACKS. The grantee shall, whenever required to do so by.the City Council of the City of Beaumont, move or permit to be moved, any of 27. its tracks in or near the center of a street or streets nearer to one side of such street or streets, to enable the City or the holder of a franchise from the City to construct an additional track upon such street or streets, provided the grantee shall not be required to bear any part of the expense of moving its tracks, and provided the street is of sufficient width to permit such moving. SECTION XXXVII. CONSOLIDATION OF RAILlJAY. The street railway of the grantee herein shall not, as to ownership, control or operation, be consolidated with any other street railway or interurban in the City of Beaumont, without the consent of the City Council granted by ordinance duly adopted. SECTION XXXVIII. chi -;r ;•• The term '►City Councils? as used in this ,ordinance shall be construed to mean the City Council of the City of Beatlmont, or other governing body of said City, by whatever name Mich body shall hereafter be designated. SECTION XXXIX CREDITORS' LIENS-. Theit upon the acceptance of this ordinance, the amount of the judgments recovered by H. R. Collier, P. K. Ridley, J'emina Helile and other judgment creditors against the grantee, shall constitute a lien on all a the properties of every description of the grantee, its successors and assigns, and the proceeds of the sale thereof in the event same shall be sold, and such lion shall be prior to the lien of the holders of all bonds of the grantee (and prior to that of one side of such street or streets, to enable"the City or the holder of a franchise from the City to construct an additional track upon such street or streets, provided the grantee shall not be required to bear any part of the expense of moving its tracks, and provided the street is of sufficient width to permit such moving. SECTION XXXVII. CONSOLIDATION OF RAI LIYAYS . The Street railway of the grantee herein shall not, as to ownership, control or operation, be consolidated with any other street railway or interurban in the City of Beaumont, without the consent of the City Council granted by ordinance duly adopted. SECTION XXXVIII. M61101-10010 The term ►►City Council►► as used in this ordinance shall. be construed to mean the City Council of the City of Beaumont, or other governing body of said City, by whatever name such body shall hereafter be designated. SECTION XXXIX. -CCREDITORSI LIENS_. Thkt upon the acceptance of this ordinance, the amount of the judgments recovered by H. R. Collier, P. K. Ridley, J'emina Helile and other judgment creditors against the grantee, shall constitute a lien on all a the properties of every description of the grantee, its successors and assigns, and the proceeds of the sale thereof in the event same shall be sold, and such lien shall be prior to the lien of the holders of all bonds of the grantee (nd prior to that of the holders of Receivership Certificates to be issued hereafter, as well as prior to all other- liens and indebtedness of every kind ard. character due by the grantee, its successors and assigns, save and except debts due or which may become due the City, County and te;- o.Q and said debts cl.e said judgment creditors shall be paid within fifteen (15) months from the date of the ac- ceptance of this ordinance; and in event that they be not paid within said time, then and in that event, the said creditors shall have a right to foreclose their said lien and to require a gale of the property of the grantee by the Receiver of said Company, to satisfy said debts. Provided, that nothing in this Section contained ,7shall be construed as guaranteeing the payment by the City of any indebtedness of said grantee. SECTION XL. REPEALIN CLAUSE. That all ordinances and parts of ordinances or the City of Beaumont to the extent that they conflict with this ordinance be and the same are hereby repealed upon this ordinance being accepted and becoming effective in the manner provided in Section 33 of this Ordi- nance. SECTION XLI. PASSAGE CLAUSE. This Ordinance shall be in full force and effect from and after its passage, approval by the Mayor, acceptance by the grantee as it ovided in this Ordinance, and lawful publication, as provided by the Charter of the City of Beaumont, Texas. Passed, this the 20th day of September, A. D. 1910. Approved by the Mayor, this the day of A. D.1910. ATTEST: Mayor. i .ji1 a -L -L LPG IJCL.LU. YV1. N111.LL LJ..L LI KDVLL ` LO 1"VLLY t 10 .L.LV=1L N1Lv U.Q. Wv V1 Wily c.cV a ceptance of this ordinance; and in event that they be not paid 11 within said time, then and in that event, the said creditors shall have a right to foreclose their said lien and to require a sale of the property of the grantee by the Receiver of said Company, to satisfy said debts. Provided, that nothing in this Section contained -,shall be construed as guaranteeing the payment by the City of any indebtedness of said grantee. SECTION XL. PE.ALIN_G _CLAUSE. That all ordinances and parts of ordinances of the City of Beaumont to the extent that they conflict with this ordinance be and the same are hereby repealed upon this ordinance being aceepted and becoming effective in the manner provided in Section 33 of this Ordi- SECTION XLI. PASSAGE CLAUSE. This Ordinance shall be in full force and effect from and after its massage, approval by the Mayor, acceptance by the grantee as Ir ovided in this Ordinance, and lawful publication, as provided by the Charter of the City of Beaumont, Texas. ATTEST: Passed, this the 20th day of September, A. D. 1910. Approved by the Mayor, this the day of A. D.1910. City Secretary. Mayor.