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HomeMy WebLinkAboutORD 54-A1 AN 0RDIM_ANCE. Granting to the Texarkana & Fort Smith Rail Way Company, its successors and assigns, for a period of twenty-five (25) years the right and privilegep to construct and lay a side or switch track on the north side of it's track already laid along WashingtoniStreet in the City of Beaumont, Texas, a,nd to operate its trains and cars thereon, said side or switch track to be laid along said Washington Street between a point near the east line of Street and points near the west line of Pearl Street, as is indicated by yellow markO on blue print hereto attached. BE IT ORDA.ITTED BY TSE CITY COUNCIL OF THE CITY OF BEAUMONT Sectioni. 1. That the Texarkana & Fort Smith Railway Company be, and --1 it is hereby granted the privilege to construct and maintain &tits own expense for a. period of twenty-five years, a side or switch track of standard gauge over and along Washington, Street in the City of Beaumont, on the north side of its track already laid on said Washington Street, and to operate its locomotives, cars and trains thereorr from a point near the east line of eq:u� Street and a, point near the west line of Pearl Street as is shown by yellow mark on blue print here- to attached and made a part hereof, giving and granting to the said Texarkana, & Ft. Smith Railway Company not only, the privi- lege of laying and constructing its said switch track over-- - and &;ong said Washington Street as aforesaid, but the privi- lege is herebv ex I r_ - Granting to the Texarkana. & Fort Smith Rail - Way Company, its successors and assigns, for a period of twenty-five (25) years the right and privilegep-to construct and lay a side or switch track on the north side of its track already laid along Wasrington Street in the City of Beaumont, Texas, and to operate its trains and cars thereon, said side or switch track to be laid along said Wasl-Angton Street between a point near the east line of PaM% Street and points near the west line of Pearl Street, as is indicated by yellow mark -9 on blue print hereto attached. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUITON'2 Section, 1. - That A -n e- Texarkana & Fo-rt Smith Rail -way Company be -J, and—: it is hereby granted the privilege to construct and maintain &tits own expense for a period of twenty-five years, a side or switch track of standard gauge over and along Washingtoni Street in the City of Beaumont, on the north side of its track already laid on said Washington Street, and to operate its locomotives, cars and trains thereorr from a point near the east line of 9W4-* Street and a. point near the west line of Pearl Street as is shown by yellow mark on blue print here- to attached and made a part hereof, giving and granting to the said Texarkana; & Ft. Smith Railw&y Company not only -the privi- lege of laying and constructing its said switch track over - and a7 ong said Washington Street as a.foi esaid, but the privi- lege is hereby expressly given it to lay and build its said track across Orleans Street and to operate its locomotives, cars and trains thereon, a -s --is shown by yellow mark on blue print hereto attached and made a part hereof. It being under- stood and agreed that the track and siding, the privilege to lay which, is hereby granted, is laid as an industrial track for the purpose of reaching commercial and industrial enterprises 1 located and to be located along or near said Washington Street. Section 2. The grantee, its successors and assigns sha11 have the right to operate trains, engines and cars over said track and siding when so done to further the interest for which this grant is given, as stated in the lattler portion of Section One hereof. Sectiorr. 3. That the said granteg, its successors or assigns shall be required at their own expense to construct and maintain such ditches and culverts for the purpose of properly draining its said tracks along Washiggton-Street asmay be reasonably,re- quired under the direction,of the City Engineer, and to cora struct and h.ainta-in good and sufficient crossings at the inter- section of all cross streets crossed by said Railroad track with easy approaches thereto, so as to keep said streets and crossings in. such condition as not to unreasonably, -interfere with public travel and traffic thereon. Sectiom 4. That the grantee, its successors or assigns shall be further required to construct and maintain said Railroad track at the same grade or level as the established grade or level of said street s over Which they are:la.id so as nbt .t -o in anywise obstruct the use of same by the public, and shall Section 2. The grantee, its successors and assigns shall have the right to operate trains, engines and cars over said track and siding when so done to further the interest for which this grant is given:, as stated in the latter portion of Section One hereof. Section 3. That the said granteg, its successors or assigns shall be required at their own expense to construct and maintain such ditches and culverts for the purpose of properly draining its said tracks along Washiggton- Street asmay be reasonably, re- quired under the direction ,of the City Engineer, and to corr- struct and ta.intain good. and sufficient crossings at the inter- section of all cross streets crossed by said Railroad track with easy approaches thereto, so as to keep said streets and crossings in such condition as not to unreasonably. interfere with public travel and traffic thereon. Sectioni 4. That the grantee, its successors or, assigns shall be further required to construct and maintain said Railroad track at the same grade or level as the established grade or level of said streets over which they am%laid so as nbt to. in any.7ise obstruct the use of same by the public, and shall also ballast said track along said ?7ashingtoni Street and across Orleans Street between the rails and to a distance of two (2) feet on either side thereof with rock, gravel,.shells, sand, cinders or other suitable material to be determined by the City Council, in such manner that said track may be on a level with said streets. 2 Sect ion, 5: The grant herein -given is for a. side or switch track only, and said side or sVTitch track shall be laid as near equidistant from the grantee's track already laid along Wash- ingtons Street &s is practilaable, and shall be laid under the direction of the City Engineer of the City o1 Beaumont, and should a dispute over said construction arise, the grantee, its Soccessors or assigns hereby agree to refrain from doing said work until the matter in dispute has been approved by the Bridge & Street Committee of the City Council of the City of Beaumont, provided that if said Committee shall sustain the contention of the City Engineer in said matter,then the grantee, its successors or assigns shall have the right to submit same to arbitration. The board of arbitrators to be composed of one personi selected by the Street and Bridge Committee, one by the grantee, its successors or assigns, and the third by these two, and the decision of said Board shall be final as to both parties. Section 6. The foregoing rights and privileges are especially granted upon the express condition that the said grantee, its successors or. assigns shall,.within thirty days after the passage and approval by the Mayor of this franchise, acting through its proper officer,file with the City Sectetary its wri.tten acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be The grant herein given is for a side or switch track only, and said side or switch taack shall be laid as near equidistant from the grantee's track already laid along Wash- ington-Street a;sh-ingtonsStreet as is practicable, and shall be laid under the direction of the City Engineer of the City of Beaunont, and should a dispute over said construction arise, the grantee, its SOccessors or assigns hereby agree to refrain from doing said stork until the matter in dispute has been approved by the Bridge & Street Committee of the City Council of the City of Bea.unont, provided that if said Committee shall sustain the contention of the City Engineer in said matter,then the grantee, its successors or assigns shall have the right to submit same to arbitration. The board of arbitrators. to be composed of_ one persons selected by the Street and Bridge Committee, one by the grantee, its successors or assigns, and the third by these two, and the decision of said Board shall be final as to both parties. Section 6. The foregoing, rights and privileges are especially granted upon the express condition that the said grantee, its successors or assigns shall, within thirty days after the passage and approval by the -Mayor of this franchise, acting through its proper officer,file with the City Sectetary its written acceptande of this ordinance, and upon the further condition that the track to be constructed herein shall be complet=ed within sixty (60) days from the passage hereof, and upon failure -of the grantee, its successors or assigns to file its acceptance as provided herein, then this franchise shall be null and void and of no further force nor effect. Section, 7. If the grantee, its successors. or assigns .shall at any time during the life of this franchise discontinue the use of the tuck, for which this franchise is granted, for a period of thirty (30) successive days, this franchise shall then and there terminate and all the rights and privileges herein granted shall revert back to the City, and the grantee, its successors or assigns shall on notice from the City Council re- move its track from the streets, and if same is not done with- in thirty (30) days thereafter, the City of Beaumont shall have the right to do said work itself and recover of and from the defendant such amount as may be expended by the City of Beaumont on said work plus ten per cent additional as a penalty, and if said amount is not paid within thirty (30) days after the completion of same by the City, an additional ten per cent shall be added as a penalty, and the total of said amount shall draw interest from that date at the rate of ten per cent a per annum: Section B. This ordinance shall go into force and effect from and after its passage, approval by the Mayor, the filing of the written acceptance as provided in Section 6 hereof, and law- ful publication,, as provided in the City Charter, and shall continue for a period of Twenty-five (25) years thereafter. Passed this the day of A.D.1911. Ann rntraA +'In i c +ten-P T-- n T 1 o- i If the grantee, its successors -or assigns shall at. any time during the life of this franchise discontinue the use of the track, for which this franchise is granted, for a period of thirty (30) successive days, this franchise shall then and there terminate and all the rights and privileges horein granted shall revert back to the City, and the grantee, its successors ax assigns shall on notice from the City Council re- move its track from the streets, and if same is not done with- in thirty (30) days thereafter, the City of Beaumont shall have the right to do said work itself and recover of and from the defendant such amount asmay be expended by the ,City of Beaumont on said work plus ten per cent additional as a penalty, and if said amount is not paid within thirty (30) days after the completion of same by the City, an additional ten per cent shall be added as a penalty, and the total of said amount shall draw interest from that date at the rate of ten per cent per annum: Section 8. This ordinance shall go intoe"fiorce and effect from and after its passage, approval by the Mayor, the filing of the written acceptance as provided in Section 6' hereof, and law- ful publication, as provided in the City Charter, and shall continue for a period of Twenty-five (25) years thereafter. Passed this the _. day of I A.D.1911. Approved this the' day of June, A.D.1911. Attest: _ City Secretary. Mayor f THE STATE OF TEXAS COUNTY OF JEFFERSON. I, J. G. Sutton, City Secretary, hereby certify that the above and foregoing ordinance is true and correct, as passed by the City Council, Witness my hand and seal of office this the day of 9 A. D.1911. City Secretary. F. -- -- -- _.- --- - .t sgP. d • rtz c . R 69Z ; o ` 6Lf � .. y ►... •15'1 Zyl • . � Lz �Z � rte 9Gf yZ l gg, 9 r� a • � .. a - . ssl 9Lz i .. , ryl .41 '\\ �\\ h � • • C � 99 1 �_- - w a �' •, IBF tf ff,, rA 19-F ON - Z 6pf ` 4 .4f if 6f � p I .... • - ` L N 9gz �► ` y ggZ _ 68Z 1 { h • pt gar , Beaumont, Texas, Aug.L ,1911. ISon.l.ayor and City Council, Beauinont, Texas . Gen tlei!en: -- In compliance vii th. recent rlequest you will find hereto attached petition from the property owners on 'Waoh- ington `A . ,betvreen Pearl and Neches Gts . , asking t..ha,t the franchise be granted to the Kansas City Southern Railway. Ydur.s very truly, No Text 1 eatin cynt, Texas, 1 1917.. To the Hon.Mayoi and City €7'buncil; Beaumont,,Texas . Gentleinen:-- ',7e,the'undersigned,property ovvners,on the 11orth sgde of !,Iashington Street, between Pearl znd Park Streets,, respect- fully repreceiit. that the street is now occupieffhby the "Frisco, as well as the Kansas City Southern. Railway, and that upon the build- ing of the Frisco depot. the principal passenger service will be withdrawn from this street,'and given over: entirely to freight trains,and that our respective properties are ruined for,.either residence or business purposes,but that these properties can be used,for warehouse or jobbing purposes, provided your Honorable Body grant the franchise applied for by the Texarkana & Fort Smith F,y.Co. Therefore ilre respectfully petit -ion the speedy pas- sage o,f the franchise: lh�� y'rvJv/ 12 TO THE HON MAYOR AND ,CITY COUNCIL, Beaumont,Texas. Gentlemen: Beaulm nt,Texas, July 1911. We,the'undersigned,property owners on the North side of Washington Str.eet,between-Pearl and Park B'treets,respectfully represent that the Street is now -occupied by the"Frisco," as well as by the EdnssasCity Southern Railway,and that upon the building of the "Frisco" depot.the.principal passenger.servicae.wil1 be withdrawn 'from this Street; -and given over entirely to freight trains,a.nd that our respective properties are ruined for either residence or business purposes,but that these properties can be used for warehouse or job- bing purposes,provided.'your Honorable Body grant the franchise ap- plied for.by the Texarkana & .Fort Smith Railway Company. T7gerefore,we respectfully petition the speedy .passage of this Franchise: Respectfully submitted:. c _ i Beaumont, Texas,July.� 1911., To the Hon.Mayor and City Council, BeaumontTexas. Gentlemen: -- We, the 'undersigned, property ovrners, on the Yorth side of Washington St..,between Pearl and Park Sts.,respectively represent .that the street is now occupied by the "Frisco" as well as by the Kana,as City Southern Ry.,and that upon the building, of the "Frisco". depot the prim- cipa.l passenger service will be withdrawn from this street,and given over entirely to freight trains,and..,that our respectiveproerties are ruined for either residence or business purposes,but that these proper- ties can be used for warehouse or `jobbing purposes,provided yoi�r hon- orable body grants the franchise --applied for by the Texarkana &: Ford; Smith Railway Company. Therefore,we.respectfully petition the speedy passage of this franchise. Respec tfull;T submitted, Beaumo r_t•, Texas , July 1911." TO TIME HON' MAYOR 131TD CITY COUIICII,, Beaumont,Texas. Gentlemen:-- We,the undersigned,property owners on the North - side of Washington Street,between,Pearl and Park Utreets,respectfully ' represent that the Street is now .occupied. by, the* "Fr,iaco_," as' well as by the Kane sasCity Southern Railway.,and that upon,the,building.of the "Fri'sco" depot,,- the,. principal passenger. service -vill be withdrawn from thi:s.St,reet,;�nd given over entirely•to freight trains,and that our respective properties are ruined for either residence or business purposes,but that:'these-,properties can be used for war'eheuae or job- bing purposes,provided your Hoho:�able Body grant, the franchise ap- e_ plied for by the.Texarkana'& Fort Smith Railway Company. T#gerefore,we respectfully petition the speedy, passage: oi, this Franchise:; _Respectfully submitted Gentlemen;-� We;the, undersigned,property ovm'ers on the Sdu"tYi .side of l�Ja;shingt"onY"S treet,bet�reen .Pearl arid P �'ts=: Thereby give our 'consent :to- the construction of the industrial track as pro posed in the Franchise applied for by the Texarkana & Fort Smith, Railway Company and respec-tfully request the passage -.of said ordinance Respectfully submitted, KY- ; n Tb the Hon.Mayoz- and City Council, Beaurriont,Teras. Gen tic�,-:en, : -- July 18th,1911. _- Enclosed please f ind viritten request from the prop- tha t - - erty o.:rners on L7ashineton St. asking :�Dm the proposed franchise be £;i'ar,ted to -che Kanaas Ctty Southern Ry.Co.. The names of all intereoted y roperty o':mers are sig -,6d to the petitions, except 2,�rs.L,�nEhara,and I lande:rstand 'sJZe is neutral on the proposition. Arr.,C.T.He-!^iE- has ::n itien sue,reciuesting tha 7 sign his nn;me to the petition. Respectfully submitted, i 'i�E�DA Y S1 UTTO r+, CITY 8FCRE rAl-0 , Per. ' ESTABLISHED 1395.� 40Y C.T. HEISIG, T. V. 5MELKER, NOTARY PUBLIC. FIRE RENT 334 BOWIE ST, owoUNn i'ma. MARINE 'GERT BUILOLD 51G. PHONES NEW y SI 1 H EALTH TORNADO r ACCIDENT .t R BURGLARY , t _ LIABILITY y AUTOMOBILE FLY WHEEL LIVE STOCK PLATE GLASS STEAM BOILER SURETY BONDS PHYSICIANS DEFENSE Tb the Hon.Mayoz- and City Council, Beaurriont,Teras. Gen tic�,-:en, : -- July 18th,1911. _- Enclosed please f ind viritten request from the prop- tha t - - erty o.:rners on L7ashineton St. asking :�Dm the proposed franchise be £;i'ar,ted to -che Kanaas Ctty Southern Ry.Co.. The names of all intereoted y roperty o':mers are sig -,6d to the petitions, except 2,�rs.L,�nEhara,and I lande:rstand 'sJZe is neutral on the proposition. Arr.,C.T.He-!^iE- has ::n itien sue,reciuesting tha 7 sign his nn;me to the petition. Respectfully submitted, i 'i�E�DA Y S1 UTTO r+, CITY 8FCRE rAl-0 , Per. ' ESTABLISHED 1395.� 40Y C.T. HEISIG, T. V. 5MELKER, NOTARY PUBLIC. 334 BOWIE ST, owoUNn i'ma. 'GERT BUILOLD 51G. PHONES NEW y SI 1 Tb the Hon.Mayoz- and City Council, Beaurriont,Teras. Gen tic�,-:en, : -- July 18th,1911. _- Enclosed please f ind viritten request from the prop- tha t - - erty o.:rners on L7ashineton St. asking :�Dm the proposed franchise be £;i'ar,ted to -che Kanaas Ctty Southern Ry.Co.. The names of all intereoted y roperty o':mers are sig -,6d to the petitions, except 2,�rs.L,�nEhara,and I lande:rstand 'sJZe is neutral on the proposition. Arr.,C.T.He-!^iE- has ::n itien sue,reciuesting tha 7 sign his nn;me to the petition. Respectfully submitted, i 'i�E�DA Y S1 UTTO r+, CITY 8FCRE rAl-0 , Per. CERTIFICATE OF PUBLICATION STATE OF . TERAS ' I COUNTY OF JEFFERSON a I, C. L. Shless, Mgr. of the Beau- mont Journal Publishing Company, publishers Of a daily newspaper in the City of Beaumont, do hereby swear that the attached ordinance .granting a, :franchise to the Texarkana & Ft. Smith -Ry. Co., t-o construct a switch on Washington Street between Drl-aans and Pearl Streets, was published three 611e.cessive times, on, to -wit ,(a ltic,. _ A.D., 1911. Mgr. Beaumont Journal Pub. Co. Sworn to grid subscribed before, me, this' the - J day of �� --1`1 D_. —7a£ Foti a=nv—hn��ri v- Tw�.o�_. 5�-157 tvaNG DFPA,� A9 X6 9d C. L. SCHERER (M. Ain. Soc. C. E.) Crry ENGINEER Beaumont, Texas, f fn 2N, ell '6 L -Z! 44 ORGAIN & BUTLER LAWYERS WILL E. ORGAIN CHAS. T. BUTLER BEAUMONT, TEXAS, November 28, 1911. larrtdJ. G. Sutton, City Secretary, Beaumont, Texas. Dear Sir: This is to advise that, in accordance with section 6 of an ordinance passed by the City Council of Beaumont, granting the Texar- kana & A. Smith Railway Company, its successors and assigns, for a period of 25 years, the right and privilegg to construct and lay a switch track on the north side of its truck already laid along '!ashington street, in the city of Beaumont, Texas, and to operate its trains along the same , said switch track to be laid on 7ashington St., between a point near the east line of Park Street aia 'oint-near- the_west line of Pearl Street, `Y _ nance. passedVover the vet -o -of the - ��or r; BPa•ta,:�or�, �o� � �� ., 4• , •vombe�r,1911,, the Texerkari °m accepts said ordinance, and gill 'comply= the conditions named therein, within the time - specified.therein for such compliance. TEXARKMTA FT. SI'JIVIT R t°lA I CO . Di vise Attorneys, CTB -c FILED TIRS THE�LZ D.,� Y OF_- 19.l .............•...• �.. J SUTTOE'-I, CITY Pee" sz/--4 To `Z'lle F'On.L`L-,,yoi- and City Cwuncil, Beatimont, Texas. Oe- , (i Uei',en: we , �,our or(I inanc-e cowiji t"u- ee , to v wya v& -L Lho attached c' to r ci) or b thi t we 111,3.vc. rVr 0 f 1:.. 1 ly coni d Cr C (.1 C, ,,,rqC,, , 11-1(1 1.1,),V C amcndc,d the: Ord,irw'nce to con 4L'o ria NJ ', -.he Rer,obitioin ad -opted. by this Coumcil on 5.161.1,1911, Ln'ry! %,'m recamiend. Uri parsarge rv�; -rj-iended, Chic beinLr, a minority report of the coy=ittee. 11 u u "'eOpectf Lilly ":;ubmizted We,your Or(Ainaride-4110ra uu u a (,ranchise ,(:o the 1"i "I I F t i U-1 R.R.c,o. to repo:rb t,'hat vie carc-IfIlIlly connidered cafac,,ind havc amcrided t -he 01rdir7a nce to confaxTaJ�the Rcsoluti6n adopted by this Coumcil on 5th,1911, vre recamacrid its Passage zru; amended, this being a rairority report of the Committee. 1"e -'r. ec tf 'Lilly e, ubrai rted Section lap The foregoing franchise is given by the City of Beaumont to the grantee, its suc- cessors and assigns, for the purpose of using same for the accomodation of such shippers as may be located along said track, and it is distinctly understood and agreed that in case the grant ee shall at any time use this track for any other-purpose, and especially shall use same for the storage of cars, then all the rights and privileges herein granted shall cease, and the grantee shall refrain upon notice from the City Council from using said track for any purpose whatsoever, and shall within thirty days thereafter remove ita track, and if same is not done, the City of Beaumont shall have the right to do said work itself and recover of and from the defendant in the manner provided for in Section 7, hereofo A Y Ay �- Resolution. WI-MiREAS, to-��rit, on June 20th,1911, the City Council adopted the Linority Report of the Ordinance Coiu?nittee,grant ing sranc'iise to the Kansas City Couthern Railway Company for switch track on h the Yorth side of Washington Ctrect,between Pearl and Neches 'Sts, and, ,1?IHEI,MAS , at a subsequent meeting of the Council a motion prevail,'ed requiring the written consent of all abutting property olarners on Washington 5t.,between Pearl and Ileches ^is.,except I, rs,. J, -;,B . Langhaan, and ` all abutting property owners have RIAS, it develops that '-sie-,hed. ;_a request to the City asking %x that the franchise be grar_t`ecl`,except I�rs.J.I3.Langharn, S.Marino, C.C.Hoyt and Otto Vfend.fing, and that some of those refusing to sign the request for(,tY:1e- track have signNfied they have no objections to it, ther;efo,re, $L IT RES30LIT?1D, that the vrritten requests for the track be limited to all the property ovmers on Washington St. ,between Pearl and 11eches Sts . , except those above mentioned, and that upon the filing of such vrritten requests with the City,the.Ordinance be then granted, e•ith the understanding that the franchise be so amended that the Railroad Company vrill be prohibited from using the track for purposes other than the acconunodation of shippers located on said track,xa in order that the snitch will not be used as a storage track for cars. Respectf - -- - - -- -- - --- Jule 20th, 1911. To The Hon. Mayor & City Council, City. Gentlemen:- Tle,your Ordinance 13ommitt-ee,to whom was referred the attached ordinance granting a franchise to the Texarkanar&. Ft. Smith Ry.,Co.,beg to report that we have carefully considered sa:.ie and recommend its passage,this keport being a report of a minority of the Committee. We believe that the ordinance should run for twenty five years instead of ten years,because all of the property owners affected asked for twenty five years) and they known the reason for the switch being placed. Since the Railroad Company and the property owners affected have agreed,we Oxy= your Committee beleive this Council should grant the petitioner's regliest. We further recommend that the Texarkana & Ft. Smith Railway Company deposit with the City Secretary the sum of $25.00 to cover the cost pf publishing said franchise,and the apiount in excess of the cost of publishing to be 'refunded said company. Provided further that the applicant file sith the City Secretary a signed consent of all the abutting property owners. Respectfully, FITED TM TH1 -2;'�E DA.Y - r Beaunont, Texas, June 20th,19111 To the Honorable Mayor ad City Council,), Bea anon t, Texas o Gentlemen; - We, your Ordinance Committee,to whom ' 1 was referred the attached ordinance granting a franchise to the Texarkana & Ft. Smith Railway Company, beg to report that we have carefully considered same and rec a=end itspasorage, with the exception of the term of years that this franchise i has to run, which we recommend be ten (10) years instead of twenty-five (25) years e We further recomtnend that the Texarkana & Ft. Smith RailwaT Company deposit with. the City Secretary the sum of $25,00 to cover the cost of publishing said franchise, and the amount in excess of the cost of publishing to be refunded za id c omp any. Provided further, that the applicant file with the City Secretary a signed consent of all the abutting property owners, Respectfully, _- r neaunonL, .rexaa .lune zutri,lylll To the Honorable Mayor ad City Council, Bea anon t, Texas,, Gen tl era en: - We,, your Ordinance Cormmittee,to whom was referred the attached ordinance granting a franchise to the Texarkana & Ft, Smith Railway Company, beg to report that we have carefully considered same and recommend itspassage, with the exception of the term of years that this franchise has to run, which we recommend be ten (10) years instead of twenty-five (25) years, We further recommend that the Texarkana & Ft. Smith Railway Company deposit with the City Secretary the sura of $250.00 to cover the cost of publishing said franchise, and the amount in excess of the cost of publishing; to be refunded sa id c omp any. Provided further, that the applicant file with the City Secretary a signed consent of all the abutting property owners, Re sp ec tf ully -� Ordinance Committee,