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HomeMy WebLinkAboutORD 50-A-3Sec. 1. 1 04 AN ORDINAITCE Granting to I.D.Polk, his iieirs, lessees, successors and assigns, for a period of fifty years from the date upon which the se -,,,ie shall go into effect, the right to construct, maintain and o-perate an interurban and street railway system for the carriage of i-)as-engers, baggage, mail, freight and express, in and upon certain streets and highways within the present and future incorporated lii_iits of the City of Beaumont, Jefferson County, Texas, and -prescribing the tcrms, conditions and limitations upon which the said grant is made. BE IT ORDAINED BY THE CITY COUNCIL OF ThE CITY OF BEAUMONT, TEXAS: That there is hereby granted to I.D.Polk of said city, his heirs and assigns, the right to construct, maintain and o-porate an interi.rban and street _railway system for the carriage of passengers, baggage, mail, freight and express, in and u-oon the following streets, avenues, highways and Nays of said City of Beauli:ont, Texas, to -wit: On Herring St. from 'River Neches south (nearest and most practical route to Sherman St.); On Sheri-,ain Street, 1.,rest to Irving; Avenue; on Heifilock St. south franyi Sherman St. ( nearest and most practical route to city li.iiiits); From Irving'Avenue in a- southwesterly direction to east end of Flowe.cs St; thence west on Flovrers St. to Penn- sylvania Avenue. Thence north on Pen -_sylvan is Avenue to Langhain Avenue; thence Isrest on Laanghai:i Avenue to Parker Street; thence north on -Parker St. to Neches Street; tlhence northward on Neches to thence eastward on AA iii St. to i)iain St; thence northward on Main St. to intersection of Fa -nein St; thence nest on Fannin St. to Orleans St; Also on Orleans rt. south from Crockett St. to - St; Also such of the other streets within the corl-orate limits of the City of Beau7ront as may be designated by resolution or H. R. BURNABY, /� COURT REPORTER. ordinance of the city council of the City of Beaux=font, as BETH DISTRICT COURT Sec. 2. H. R. BURNABY, COURT REPORTER, 69TH DISTRICT COURT Page 2. streets upon i,,rhich said raiLl Lay system may be extended; also such streets or high -ways as may be hereafter included_ within the corporate limits of the City of Beaumont, upon which the grantee or his assigns may be operating its railv-ray system at the ti_le of s', ch inclusion. The said gra--atee shall have the right to enter upon any and all of said streets, avenues & highways, and to construct thereon the raili,ray tracks, side tracks, turnouts & switches as may be necessary in operating its cars and trains, provided tna.t the location of all double tracks, side trao.Ks, t .=-outs and switches shall be suoject to tiie approval of the City Council, and for said _E�ur_)oses Y_Zay _Make such excavations and fills in said streets, avenues and high�,mys as 'may be necessary, provided, that the tracks of said ra.ilWay upon the follo ring nar_ied streets, to -edit: shall be originally laid upon a concrete foundation, 12 inches in thickness and extending for ti --To feet on each side of the rails, and the city shall, {Ii en the grantee or his assigns is ready to coin_lcnce the construction of said trcl-%cks upon said streets, furnish to said ?:ra.ntee the permanent -caving U;r,:_de of said streets, a -ad permanent ;rade to ,hick such oa nerete foun- dations shall be constructed, and suen fo'L' dations and grade shall not thereafter for a period of ten -Years .00 ch tiiged by the City, exceot as hereinafter provided. 1. Sec. 3. Sec. 4. H. R. BURNABY, COURT REPORTER. 58TH DISTRICT COURT Page 3. If at any time the City shall desire to charge the grade of any street or portion thereof traversed by the lines o f the grantee, ti;7hich have been constructed to er-(imnent F,:rade as aforesaid, and upon concrete foundation, or shall desire to iri-prove said streets by shelling, macadamizing, :)avi.ng or repaving, and shall provide for such ii_rorovements icy ordinance, if such improve.sent is ii�ade within a period of five years after said tracks have been constructed, the city shall -pay a.11 the cost of the c;.iange of ,rade a71d of the change in the foundation of said tracks, the t,rantbee or his assigns being required to pay their pro -rata part of the cost of :,Day.ing, ;macadamizing, smelling or repaving; but if such change and irmprovernent is made after five years from the date upon 17ich the original construction of said ti° ,.c_ s is coimpleted, the said tgrei-ltee shall pay in the following proportion:- if said change is in six years after construction ten (10cilo) per cent; seven years, twenty (20fo) per cent; eight years, thirty (30jo) per cent; nine years, forty ( 40`i0) per cent; ten years, fifty (50M per cent, and thereafter all the cost of such change under its tracks and for two feet on each side the rails shall be -paid by gr2ntee, his successors, lessees or as,c3lgns. The tracks to be laid upon all the streets herein enus_lera- ted shall be laid with rail as hereinafter described, mrid shall be so constructed as to insure the safe, comfortable and con- venient passaE e of the cars thereover, and all cor_struction worh by the grantee, his lessees, successors and assign?s, shall be constructed to ,rade to be furnished by tine city council and si1a7.1 be subject to su__�ervisi.on by tic City 1,"r-gineer; and a at such tildes as the public necessity or convenience sii,..11 re- quire the same, the City council may require the chFmge. of grade Sec. 5.1 H. R. BURNABY. COURT REPORTER, 60TH DISTRICT COURT c'``t R L,: I d 0 •/-i ty Page 4. and require of the grantee, his lessees, successors or assigns, that said tracks be laid upon a concrete foundation of the character above indicated, but the City Engineer shall have no authority to -valve any requirGrie--ats Lffoosed upon the v,—Taztee either by this franchise or any other lair, and_ it is hereby made the duty of the city, engineer to sutpervise all construction and repair work of all street car lines of the grantee iiivolving any interference, whether toi�anent, with the p grades a, -.d levels of the streets of the city, and to rec_-uire the-., t to e. promptly restored to as good condition as they were in before such construction or re-,�air t-rork; -_provided , that the {grade of the streets upon �-,rhlch the grantee is required_ to lay its tra.c,�s upon concrete foundations as provided in para- graph 3 oreof, shall not be char ed except as provided in said paragraph. If such improvement or c'nam e is 'made as aforesaid upon any of the streets, included herein, then the grantee shall pay its proportionate -peirt of the cost of such change for the whole Taridth of the street as shall be assessed by the City Council, and when the city is ready to proceed with the im-orovements, repairs or changes of grade of such streets or portions thereof, the Cit -y, through its _proper represent_:.t:ive, may eater into a contrast for such iimrovenent or tine maXing of such _f!c-)) sirs or change of grade, and charge to the grantee herein his -Iroper yoro-rata of the contract -)rice of sa.'e for tine vrhole ,-A dth of. the stiioet as shall be assessed by the City Council, subject to the 11,11` -,citations hereinbefore expressed; provided, that the City may _proceed for the enforceiiient of the obligations of the ;;rantee to �cmh(,. such improvei_lents, repairs or c),Iange of grade, as 1:)rovi ded. in the General rearm of the State of Texas Sec. 6: H. R. BURNABY, COURT REPORTER, BBTH DISTRICT COURT Page 5. by the Act of May 10th 1909, or as provided in the Charter of the City of Beaumont, but in each case an obligation of.the grantee to make and to pay for its pro -rata of such improvement shall constitute a lien as herein provided; provided further, that if the said grantee shall at any time during the said per- iod of five years change the concrete foundations of any of its tracks, the City shall have the right to change the grade of said streets and of said foundations, and require of the grantee the payment of its, prorata part of the cost of changing the ,rade as hereinbefore provided, and all the cost of the change in the foundations of its tracks. The said grantee, his heirs or assigns, shall have the right to construct, maintain and operate all necessary and con- venient structures, power houses, fixtures, appliances and appurtenances needful in the construction, maintenance and operations of said railway, including the right to construct a system of overhead wires for the purpose of conducting elec- tric currents to operate motors, to propel cars, and for the purpose of conducting such electric currents -and power f_ -corn the power plants and generating stations of said railway over said system o;' overhead wires, and may use the rails, or any other ii -proved method for return circuit for such purposes, provided that the earth shall not be used for return circuit, and the grantee, his heirs or assigns, shall also have the right to erect poles along and upon the sidewalks of the streets above mentioned, to.carry overhead wires and whatever may be necessary requisite and convenient to conduct the power from the generat- ing stations of said ra.ili%ray, provided said overhead fixtures, poles and wires shall be so constructed as riot to endanger the public, and shall at all times be maintained with proper safe- guards and in good condition of repair; provided all poles Sec. 7. H. R. BURNABY, COURT REPORTER. G3TH DISTRICT COURT Page 6. constructed upon the sidevialks shall be constructed near the outer edge thereof, acid within the c rbline, and in such %namer as to obstruct as little as vracticdble the free aAfL connrenient use of the side A7alks by the public; said poles to be not less than 100 feet apart, and to be straight, shapely, of uniform size, and thoroughly fainted of such color as the city council may direct; all poles, overhead wires a-nd fixtvrc;s to be I first class in every respect, fitted -vith proper safeguards, and to be at all times kept in good repair, and replaced and reneged rihen needed; provided, that tie location of all _voles placed as aforesaid shall be placed under the supervision of the city engineer. That the rights and privileges granted by this section shall a_oply on such _)or.tions of ti_e streets of t' -ie City of Beai.mont as said ^santee is hereby authorized to use, or shall hereafter be authorized to operate its reilway uppon; and the said grantee is authorized to construct and maintain feed wires upon its poles, along its lines of railway operated by it; but no feed vire, except on those streets which the graaltee shall operate its line of raili.,my upon, shall be erected ,,�ithout permission of the City Coimcil of the city of Bea.,miont, and all such feed Wires shall be thoroughly ins-clated, and si;ha.11 be constructed a ld-maintaired in good order and condition. The grantee shall use this grant in such manner, and h,iain— � tain air d repair its lines of road, and operate its cars, and 10.0 its construction and repairs .so as not to unneces sar ily injure the said s-creets, nor to unn.ecessai-ily interfere with ti_e use of the sane by the public, provided the c".�rs 01-)erated �uipon the track.s to be constructed under this ordinance shall nave the right of way over said tracks af,,d, streets. The grantee Sec. 8.1 Sec. 9. H. R. BURNABY, COURT REPORTER, 59TH DISTRICT COURT Page 7. shall at all times keep that portion of the street and its foundations between its rails, tracks, sidings and turnouts and for tiro feet on each side thereof, in good condition and repair; 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 streets, in such rnanneer as it may be directed to do from time to time by the City Coun- cil of the City of Beaumont, and shall pay to. the C'it.y of.Beau- mont one-half of 'the costs of all culverts from curbing to curbing, which the city may construct or cause to be constructed under its tracks, and shall also pay to the city one-half of the cost of maintenance thereof, provided, that nothing in this section contained shall be construed as affedting any legal right which the City may have to compel the grantee to pay a larger portion of the cost of construction and rgaintenance of culverts than that above provided. For the purpose of _nak irg repairs or improvements, the City through its Mayor, may at any time require suspension of operation of cars over any yportion of said streets, until same may be safely resumed without probability of injury to said improvements. The grantee shall use modern, improved rails -of not less than 70 pounds to the yard, in the construction of its line of railway; provided, the City Council reserves; the right to I determine the kind and weight of rail to be used on all paved, shelled or macadamized streets, and upon such streets as may be hereafter paved, shelled or macadamized. In case the rails are joined by any other form than a cast gelded or electrically welded joint, there shall be used some l Sec 10. H. R. BURNABY. COURT REPORTER. 88TH DISTRICT COURT 0rRD, ��0-.4,31 Page 8. good and approved system of bonding which will connect tiie ends of the rails in such planner that the condu.etii%ity of the joints shall be such as to render thein capable of preventing, in so far as -,)mets cable, 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 single track, and the inside rails of the double track of all tracts shall be connected by sufficient cress bonds st:)aced not more than one thousand feet apart', and properly secured to the rails in such manner as to secure .groper conductivity. The grantee shall use the most ao-,--) °oved_i:teth.od- of bonding, and. rets ening current to Meir plant 'so as to prevent damage from electrolysis as effectually as practicable. And the City Council or other governing boQ7 of the City of BeaLlllont shall have the right to snake, or ca -ase to be __lade, at any ti".?le, cul electrical survey to deterl,linE i.Thether or not the rai is are bonded so ,as to prevent cla_.iage =Crop olectrolysis as effectually as i)ractica.ble. The grantee, his successors, lessees or ass- ns leer eusider shall yrovid.e, ?peep, _maintain and operate a. sufficient nui7lber of first class cars of modern design for the coiri'ortable and safe transi)ortation of vGt,sengers, and all cars shall be equip- ped with modern brakes amid safety appliances, provided that all 72a--4en -40,,,E passenger cars shall be.,double truck. The grantee shall also procure and keep in good condition and repair, a sufficient nuimber of ti"rater sl�rinkliizg cars :�rith which to s -crinkle sues s i,reets enunE.ra.ted o,ercin as are now, or iiay -De hereafter paved, macacl amized or sizelled; and at such tis: -_es as may be required_ by the city council, shall sprin- kle vrith eraser the paved, shelled or iAla.cadainized s"creets, by sec. 11. Sec. 12. H. R. BURNABY. COURT REPORTER. SETH DISTRICT COURT Page 9. the operation of its said crater spriiuklirig ear or cars over its said tracks. The gy°a.ntee shall illuminate the ,-treets on =aic]i the railway to be co::lstructed here,and-e2 is operated, at such points and places t).-.ereon as shall be designated_ by the City Council of said city, Iihei-,ever the said city council shall, by reso— lution require said illumination. The lights therefor shall not lie of less c:,iidle poorer than the arc lights in use by the said c; tzr, for igei,eral street lights. That the rantee is granted the consent, permission and_ authority to use the tracks oil the streets over zFrhich this franchise extends for.haulins; freight, express, baggage and i_1ail, subject to all the -provisions, req-Liire-ments aid liiIiita— tions in this ordinance. No freight tra1in or car shall be to roan OiI Orleang A . St. All freight cars sh.all be equipped with suitable air brakes. R cars will tt--* i.e -)erinitted at any timne to stop on street crossings for a grea.te2 length of time than five _minutes. Freight cars grill not be-0crinitted to stand on -oubl? c streets except as h.ercin provided. The carrying of ?Mail, ex--ress, baggage and freight -must I r s. » The -points not in v.i_y ma=_r��c_ hinder or delay ua.l„�e__gcr ears. Sec. 13. H. R. BURNABY, COURT REPORTER, 5BTH DISTRICT COURT Page 10. upon the line of said railway, u-pon said streets, at i,rhich bago-age, express, Ik_il or freight ar.e to be loaded and_ unloaded shall be subject to the ayoproval of the city council. The grantee or any interurban coimpany using its track's shall establish at sol:le convenient place or splaces along said lines, such ba age, -r ail, express and fr eight stations as shall 'be reasonably necessary for t1ie accomod_ation of its baggage, mail, exIore s, and freight business. The grantee, his heirs, successors or assigns, shall have the right to operate over the streets above defined. an inter- urban railway system betwoe'_n the cities of Beatr_rlor!t, Port Arthur and elsewhere, and also the right to o -Aerate over said streets a local street rail,, -Tay system and suburban syste?~!, as distin- gu.i.shed_ from an inteTv.2ban system groper; -provided that if the said grantee, his heirs, successors or assigns, shall o,oerate a local or suburban system, or both local and sub-osban system u ion said streets, avenges mrr d_ highways, trey shall provide Gond eciui,) said road with a sufficient nu'!::ber of Iaode=, first-class, -ua.ssenger cars, Aecjui,p-:_)ed with iodern brakes and safety appliances, to accomodate all such _oas,z;engcr business as may be tributary to t1leir said line, and shall fix and i,iaintain ac_equate schedules for said Ourposes, and the city council reserves tine right to c:�ange tl c schedules to i7)e fixed by the 1°ai_ilwaty coi~roany in the o1peration of said loop-- and sub- urban service, upon Living notice to the said railway mimany of its intention and -our-oose to do so, and upon giving to the said. gr,�3ntee, .his heirs, sU.ccesoors or a.s,-iigns, an o; ,portunity to be hcasd u_ -,,on tlie schedules to be tli- s fixed, aLld if t_lo said cit;F council and ti.le said ; r !ntee, his '11c," or assigns, s call be unable to agree ixpon the schedule required to be imaintained., then the same shall be fixed by arbitration, r Sec.14 H. R. BURNABY, COURT REPORTER, BETH DISTRICT COURT I Page 11. the said city council having the :right to appoint one arbitra— tor, and the said ;:rantee one arbitrator, and if the arbitrators thus aopointed cannot agree uQon a schedule, then they small have the right to appoint a third arbitrator; the conclusion of said arbitrators as to the schedule to be laintained shall be final. It is got intended by this paragra-ph to limit the right of the grantee, his heirs, successors or assigns, to conduct a. local business incident to and connected With the operation of its interurban system, as distinguished from a local or suburban business pro Per, 1)rovid.ed, t:,at the fasces to be charged to any -gas,,enger ear_hiec_ upon interurban cars bet,rreen points within the city, s -hall be 'as in this ordinance fixed. The said ; ra.ntee, his heirs and assigns, shall have the right to operate over said railway, cars and ec.1ui_)Llent used- by sed by theri in the construction, maintenance a.::d operation . of any suburban or interurban railway, owned or controlled by theril, and to connect said system of railtimy at the present or future city li-mits frith the tracks of such interurban or suburban line, or may construct and operate the railway within the city l irTii is above defined in conjunction with such suburban or interurban line, as one and the sar,ie system, or may ester into any COi1T,rc"lc Or a�;ree7ilei7 G with any µgerSGIi, COIlpc._ny Or Cor- poration oueratirg an intorurban or suburban road fo-r the joint or exclusive use of the system of stireet railway within the city lir_iits constructed ant -1 moel'ated under this Said ClYrojitoe, his heirs and assigns, may also enter into conte° _:cts or a-ree!,,,.ents i°Tith any othe:r ?person o-2 corporation o,.oerating a. systei,i of street ra.ilZ.rcf Within the city li'_:1its of the Cit,; of Peailmiont, for the moeration of their respective Sec. . 1611 H. R. BURNABY. COURT REPORTER. ..T. DISTRICT COURT r,:�) l� L� � 5� ( -A Page 12. cars,over the lines of each, upon such division of earrings or upon trackage charge and wheel basis to be agreed upon, Drovided, that the fares to be charged for the transportation of passengers shall be as hereinafter set forth, all such con- tract s or agreements to be subject to the approval of the city council. The said grantee, his heirs or assigns, shall have the Tight to construct, :aintain and overate under this ordinance, an electric system, or May operate its cars With gas or gasoline denatured alcohol or naphtha motor Dower, or any other power in use by street or interurban railways proper, as distinguished from a general railroad, and when operated as or in conjunction with suburban or interurban business, may transport passengers, baggage, exy,re s and other property; _provided, that no general steam rai lro ad shall be oDerated over said tracks, and ;,provided_ further that charges for transportation of freight shall be subject to control of -Railroad Commission of Texas. The grantee shall maintain standard gauge lines, and in Toncow- W" 6' all %Awwe construction, unless otherwise Drovided.by ordinance, shall keep its tracks s:!idway of the streets; and when a double track or switch is permitted, shall lay its double tracks and 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 dcn.:ble trac'Ts on such Dortions of the streets covered_ by this franchise as it shall hereafter obtain sVocial Dermis`;ion for fron the City Council. Provided, that on Main Street the 2uily any shall be constructed upon such Dortion of the street as nay be I"JIr , Q f Sec 17 Sec. 18. H. R. BURNABY, COURT REPORTER, BETH DISTRICT COURT , 1� )>, 5'6 —14� ` 'Page 13 The grantee shall not operate: or run its cars without the consent of the city council within the business portion of .the City, at a greater rate of s-9eed than ten railes'per hour, nor shall they operate their said cars in any other portion Of the City without the consent of said City Council, at a gre=.ter rate of s_oeed than 15 miles -oer hour. The grantee herein may charge,,and is authorized to collect a fare of five cents for each single trip for each passenger within the City limits. School children shall be carried on their vray to and from school at two and one half cents for,. each trip,, within the city limits, and such ticKets to be good only, betirreen the hours of '7 A.M. and 6 P.M. Children under five years of age, when accompanied by a nurse or parent, or by a iperson paying a fare, shall be carried free of charge; and city police officers -und firel!len , sha.11 be carried free of . charge .within the city limits, on masses to be issued to them at the request of the Alayor, so long,,cis free passage is not forbidden by lativ. The City of Beaumont hereby reserves the right to require of the grantee herein, when the line of railway constructed hereunder is operated either as a local or suburban system, cr,.- both local and suburban system, as contradistinguished_ from an interurban system, to provide for interchangeable transfers with any and' all lines of street railway or' interurban railways which shall be mutually accepted} provided that no such re— quirement will ever be made by the city council unless,at the sale time reasonable provisions shall be made by the city coull— cil governing the division of fares for such connected service; and provided further, that the city will only exercise, this power when 'reasonably necessary for ,the public interest or convenience. Sec. 19 Sec. 20. Sec. 21 H. R. BURNABY, COURT REPORTER, -TH DISTRICT COURT Page 14. Whenever the railviay ti) be consiructed and o-_ner�tedudder this franchise shall be, ,rot into o_Ioe2 tion, the sane s 7x.11 not be abandoned exce-pt upon the consent of tl.1e City Council, and in case permission of the city council is secured for such abandonment, tl?.en the gy' ntee shall ?�iithin sixty days after an ordinance or resolution is ado Dted to that effect, rea,love its tracks from said streets. In granting this frane).1ise, it is not intended to waive or surrender any poffers ,,hick tine City Council has by general or special lr.ri over the grantee in the exercise of its general police 130ffers as a 3mmicilpal governing body; nor to waive any obligation i,%rhich the said grantee ay be.under to the public, as a 1public service corljoration, and the specifications herein made of j-,ia.tters and things to be done by the grantee, shall not in any case be construed as an exclusion of their public duties; but the f;r;sntee shall be, and is hereby required to comply viith all the obligations laid upon street _��ailways by the Charter of the City of Beaumont, a-od by the General Laws of the State of Texas, and by all ordin.a.aices that ..lay 1'lereafter be -gassed by the City Council in^their due and. lawful 1jolice 1jowers, a1d in ursuaace of the _provisions of the city caa_rter, and the vrovisions hereof sh:�.11 not only a:_oply to those -por— tions of the �Xantee's lines herein designated in the city limits, but to ad_ai tioa1a_1 portions hereafter incladed in the city Ila?1lts fro -,l the tlalle of sash inclusions. In any case vihore it is herein :provided that tae grantee shall Derform any act and it shall fail so to do uron reas3—neb le notice fion t'r1e Layor of the City of Beaumont of a require- ent by the .City Co -Lincil that it should do such act, the s<1 _e aaay Sec 22. Sec. 23. Sec 24. } Sec. 25. Sec. 26. H. R. BURNABY, COURT REPORTER, r SGTH DISTRICT COURT Page 15. be done by aind_ at the cost of the City, and the cost tiler eof, vwith six -,)er cent interest;ger. annuli, shall be "maid to the City by ithe grantee norein. This g.nt shall exist for a term of fifty yca.rs fro -,.l 'ihe date u_oon z,ihich this ordi =n ce s1t J.11 go in -to. ef?'cct ; and s1ro:11 inure to the benefit, of the . r-:intee, his heirs, executors, administrators, successors and assigns. The failure of tale grantee to cohrply with the tcr:ois, conditions and sti)Dulations set forth in this ordinance, or any oti:ler duties t1icat s 'a -1l or i:.ay be L. -roused u?)on it hereafter by the City Council in ti.le due cnnd lawful exercise of its ".Dolice -porrer, sna_ll woi?k a forf eituse of all the rights accruing hereunder. Every duty herein imposed upon the shall be decided to have been assu_I ied by and apply to any firm or co r— _ooration succeeding to ti.le ()-r-,.ntee in the o_oera.tion of a lime Of st000t r ,.i1:rrLy over (:Cy of -the lines above named. or y,jart tij. er eo f This franchise, and all others uncle-- *,,hich the p.a :-,,J tee is o;)erating said lines, .grill stand_ te:ciliinated at t ii.e e_ -rid of the term limited by this ordinance, unless, they Small be ter— iainated sooner by def,a_ult of -tile tg ,:.Lntee, as aseertained by a jud_gz_icnt of a court of cog ')et(-,,nt jurisdiction in a Suit insti— tuted by tho City of Bem)mont against the gzantee or assigns, for the forfeiture of its fr,­Inciilses and ai_Leno_ilents thereto. The foregoing ,rga:I.".t "i s .Made ugon the follo ,L nE cond-itions QD viz: The gT,,mt1ee s)1L-�11 coi-mi,ience the actual cons "tl°uetioi of said s+rstem of rc.iIwa.;r 1:Il"Ghl:t1 tt'Ie1Ve i'l.:_'.'G 1S frUiil t1_le C "te u"r 07? Sec. 27. H. R. BURNABY, COURT REPORTER, 89TH DISTRICT COURT CP L), E3 6 -/1- Page 15. which this ordinance shall go into effect, aiid shall corirplete aiid iiave in operation over said streets, an interurban Tailway systerii between. the cities of Beaur_ioirit and Port Arthur, Texas, withiii eighteen - onths fi o?ii said Cate, and s-iall :paintain and overate over said interurban railway beti,.Teen the said cities of Bea -Lr -,cant and Port Arthur, regular -,passen er, interurban service, %,Tith a schedule bet;freen said cities of not lass than fou- ua.sseizger tries _jer day , each i�ray. An(5, if ti -ie said gran- tee small fail to co,ir.;ence, in good faith, tl:ie consti°u.ction of said railway within said ,poriod_ of ti,relve __ionths, or shall fail within eighteen 'months frosl said date to complete the construction of and --)ut into o_ueration an interurban railway over said streets, and froy_i the City of Beauriiont and to, and into the city of Port Arth-ar, Texas, and shall fail to regularly operate ori said. intorurban railiimy an interurban -)assenger ser- vice of not less than four trios each. ,,ray -)er d_�..y of 24 hours, then and in such ari event all tie -�jrivile:ges and f3, nchises ierein reii S. (al be fori'eited, provided, that in ca.lci:latirig said tine, delays occasioned by stD-�i"K.es, unavoic:_atble accidents, and those c��.u_sed by stories, floods and other acts of God are not to be calculated, and if such. delays occur the time is to be ext?2nde6_ accordingly; �orovi_ ed the s;rcantee s.,all be required to file 'with the City Secretary of the City of yea, i:iont its ifr- -i claim a1�d stdcec_icrit of t:ue ti --e of 6 -clay and causes thereof fur iFrhich it seel,-,s ailowance,, and no claim for delay shall be allowed unless filed as aforesaid. If t;1e grai�itee shall violate any oz' the revisions of this ordinance, or s-�iall fail and refuse to -Jerfor_r aiiy act or C_uty hereafter imcoolsed upon it by the City Cou.iicil in the due and lai-,rful exercise of its -poii ee ,I�os;7er7 he shall lie l-iable to =oay Sec. 28 H. R. BURNABY, COURT REPORTER, SDTH DISTRICT COURT v Page 17, C) J-1 �f , r to the City, as a -.lena.lty, in at_ition to any other yn?ovicions of this ordinance, the sui_1 Of Fifty (5-50.00) Dolla=rs, such _penalty to be recovered_ in a suit brought in the court Having jurisdiction of sa-me, by tl.le City Attorney, in too ,10::1e of tate City of Bearuilhont, the a -mount so recove=red_ ill s id_ suit to be _raid into the General Fund of tine City; provided, that each act of violation si_all be, and constitute a se �.ra L, and distinct -,malty. This ordinance shall be acce-pted within si-tty days after the sale shall take effect, by written acce_otance, signed by the ra itee herein na_,1ed alld filed_ witil the city secret�_ry of the City of Beaumont; a --rid before the gr�.:.ntee sit c.11 have the right to enter upon any of the streets for the nzrpose of cort.lencing tl:le co_.strvction of t h.e railWay tl-hercon, he shall file with the City Treasurer of said city his bond, in the s-Llm of Two thousand Dollars; i-7ith tiro or "(:lore good al.nd_ sufJ=i_cien.t s-areties, or some reliable bonding coripany; said bond to be au -proved_ by t e city cou_,-Icil of said city; said bond to be conditioned that the said grantee will, ;:rithiii t':,relve months froKil the date upon which this ordinance shall go into of 'ect, in good faith MT-,ence the actual construction of said railway, and will construct and Tut into operation Witil:in t-ne said per- yk ze° c!z'& zx"„ iod of eighteen _I-10izths^an interurban rail -,,-,Tay bet',Teen the cities of Beaumont and Port Arthur, Texas. And if the said grGLntce shall, i�iithiii the said .)eri.o("- of 12 months, in good_ faith co:maence tiie act,i?al constrc-ctior. of `?aid :oaililray, 33-nd complete and Tut into o_)erat.ion t_I',e sc1:_1E between said cities r; ithi n said=_)eriod of 1a months, their the said bond shall becl.r_me null and_ void and of no further force or effect, otherwise to remain in full force, effect and virtue, Page 1.8. and ST101.1d thO said .cantce f .il to com:mence construct 0 =.1C1 To'aC= as aft ore said , the amo*on t of said, oorld to-wit Q2000 . 00 , shall be, forfeited to t'rie City of Beatmiont as licmidated dwia.,es. i1 N. R. BURNABY, COURT REPORTER, 59TH DISTRICT COURT COITTENTS. Caption Section I Grant and Streets covered by Franchise. r' 1 2 Trac -Ks and. Foundations. 3 Change o:f..Grade and improvement Of Street. IT 4 construction -of Track. 5 Cost of Improv6meh' ..t to be paid by Grantee. IT 6, Poles, Wire's'-`-'et.c. T' 7 Care of Streets, 8 Temporary suspe'nsion of Cars. 9 - Rails and bonding of Rails. rr 10 Equipment. 11 Lights. 12 Use of Tracks for Freight, etc. 13 -Re gul,-a.t i I ons as to Local Service. 14 Contracts and Agreements with Other Companies. IT 15 Power to be used. 16 Guage and Location of Tracks. - 17 Speed of cars. 18 Fares and Transfers* 19 Abandonment of Streets. 20 Powers retained by'the City. Tr 21 Recovery of Expenditures by the City. 22 Term M of Grant. 23 Forfeiture. 24 Successors -and Assigns.? 25 Termination of Franchise. 26 Conditions of Urant. it 27 Penalty for the Violation. 28 Acceptance. �2