HomeMy WebLinkAboutORD 5-B=/
I \,
ORD 5 a
--- : A N 0 R D I N A N C E s -----
Granting to W. A.biyriek, his associates and their
assigns, the right, privilege and franchisd to construct,
maintain and operate a line of or lines of electric railway
on, over and along certain streets, avenues and public brid—
ges in the City of Beaumont.
BE IT ORDAINED, by the City Council of the City of
Beaumont.*
ti
SEC. I. That the City Council of the City of. Beaumont
heretby grants to W. A. Asyrick, his associates or their as—
signs., for the purpose of constructing, maintaining and op—_
erating an electric street railway in the City of Beaumont,
the right-of-way over, along and upon the streets in the City
of Beaumont, herein described, with the privilege of laying,
'using and constructing and operating a single tract railway.,
a yes, for
the purpose of operating an eleetri� street railway, and
transporting and carrying. thereon ot passengers, freight,
united states mail, express.packages, and such other commod—
ities as the management of said street railway may deem nec—
essary for public convenience, and for the advantageous op—
eration of said railway in the said City of Beaumont, upon
the streets and route as described herein, fora period of
fifty years, from the date of the passage of this Ordinance,
subject to .the conditions and restrictions hereinafter namd.
And provided that the said grantee, his associates or their
assigns, shall not construct ,any turnouts, side tracks or
switches within the limits of the City of Beaumont, without
first obtaining the grant or right o�o to do, from the city
council.
SMITH, CRAWFORO &. SONFIELD
Q RD 51-8
SEMI.. The right is hereby given the said granteex,his
associates or their assigns to enter and construct the said
line of'railway upon and over the following streets and aven—
ues ,and along the routes following, to crit:—
Beginning at the intersection of Orleans Street with
Laurel Avenue: Thence X along Laurel Ave. to the corporate
limits of the City of Beaumont: ,-And beginning at the inter
section of Laurel Ave. with Mariposa street: Thence N.
along Mariposa Street to Tenth Street': Thence N.E. along
Tenth Street t"67 -Grand Avenue: Thence S. along Grand Avenue
to Pine Street: Thence S. along Pine street to M-ain.Street—
Thence S.E.- along Pain Street to Fannin Street: Thence along
Fannin Street to Orleans Street: ,Thence alo along Orleans
Street to Franklin Street: Thence S. W..along Franklin St.
to the corporate _limits of the City of Beaumont.:
And beginning at the intersection of John;; Avenue
and Franklin St: Thence S.E. aloes Johns.�;x Avenue and Irma
Avenue to Rachford Street: Thence S..along Rachford Street
to .Frederick Street: Thence E. on Frederick Street' and Jack -1
9 o Avenue to'Fifth Street: Thence S. along Fifth street to
Jefferson Avenue: Thence E. along Jefferson Avenue .to the
corporate limits of the City 'of Beaumont.
And beginning at the intersection of North Street and
Mariposa St.Teet, thence E. along North Street to Keith St.
to Calder Avenue: Thence S. along Calder avenue to Main St,
Thence S.wi along Main Stree=t to Pine Street: And beginning
at the intersection of Franklin Street ---.and Orleans Street ,
thence N.W. on Orleans street to Laurel Avenue,
SMITH, CRAWFORD &. SONFIELD
0
Section 3.
In the construction of the said lines of railway track on or
across any of the above named streets or avenues, it shall not be
lawful, nor shall ' the grantees herein, their associates or assigns
be authorized to do or perform any labor on 'or about said railway
track until
they have applied
to the city Engineer
of
the
city
of Beaumont
and obtained from
him the proper grade
of
any
and all
streets and avenues soizght to .be occupied 'by them, and wher. the,
said grade is so given,' the- said grade shall be conformed to in
every particular; provided that the said city of Beaumont shall
have and hereby reserves the right at any time to change the grade
of any of the said streets and avenues) and the roadbed and tracks
of the said railway Shall in the event of any such changes in the
grade, be conformed to the new grade, at the expense of the grantees
herein or their assigns, ;nd the city shall in no way be liable
in damages to the grantees herein, their associates or assigns, for
or on account of the, change of grade of any of the streets or av-
enues.
0r
section 4.
The said grantees wand =6igns shall use this grant and fran-
chise in such a 'manner, and shall construct .the roadbed and lines
of railway so as not to impede the streets or interfere with the
ease of same bythe public . They 'shall at all times keep the por-
tion of the street occupied by the railway,- that is to say, the
portion of the street between the rails of the _said track laid
eT an , extending' twelve inches beyond the outer edge of the rails of,
. the said railway, . and including the space between any double trach
and between the main track; side .tracks, :and turnouts, in good con-
clition and repair, and shall keep the top of its rails on.'a level
09 J
i with the street, and whenxi deemed necessary by the city council
v�
shall place planks .on both sides of the rail for the purpose of
' kA
maintaining the level; that said grantees4 ��2
assigns shall
construct, rmaihtain and keep in good repair good -and sufficient
.. J
> crossings over their lines of road at the intersection of all
streets through'which said line shall be constructed;
` �Vy.�".:*ne7 - �.ai,.td " t��c`���a��»l'�a�"�•a*l"l�'�'°'�C'P."�7�,
ftli-
and v here cul-
j� verts are encountered in the construction of said railway, the
same shall be rebuilt by the grantees herein theiras�ns
in such manner as inay be determined by and to t..he, satisfaction of
a the city council;. That in the event the city council shall de-
termine to grade, pave, repair, .repave' or otherwise improve any _
portion of .said streets upon which said railwa is construc`t'`�
said grantees or their assigns shall, ifnecessaryy,temporari!y
remove or take up their improvements for such purpose and suspend
the operation of said railway thereon, and the grantees herein or
their assigns, shall be liable for the cost of such grading, pav-
ing, repairing, repaving or otherwise Goving the portion qf��the street or intersection occupied by said railway,�and such cost
shall be a lien upon the property and franchise as provided in the
Charter of the city of Beaumont.
Arid in the event the City Council shall decide to nave .
alg1r street. or portion thereof, over which -,paid. railway shall
'no. constructed, or in the event said railymy shall be con-
structed o n , oval' or across any street already paved, the
grantee herein, his . asso`ciates , heirs or assigns shall con-
struct the roadbed on concrete, and otherwise fix the. same
so as not to in any prise injure the paving, sai(f, worl,, of con-
struction to be done as directed by the Oity Council, Gnd
under the supertri;sion of the City rngin.;cr. This is a con-
dition in the gzant of the rights,, y)ri,rilegcs a11d franchis-
es unc:_er this ordinance:, a O 'allure 'to comply therowith,
shall viork a forfeiture of all of : aiC i-ightss, privile.- es
and franchises.
Section 5.
Said railway shall be constructed of good and proper material
and shall be equipped, maintained and operated in a first class
style and condition, and up to the standard of any similar railway
in any city in the State of Texas,l�rgo�rz33=aiFo��af.vrey-
tf:i The iron. used shall not weigh less than, fifty-
five pounds to the yard, and the rails shall be of such character
and depth, and the construction of the tracks shall be made in
such manner .as may be determined by the city council; the cars
shall be , first class and all of modern design, and the grantees
herein or their assigns ,.shall at all times -,Vhen instructed by ,res-
olution of the city council, rna.ke and enforce suitable provisions
for the --separation of white and negro passengers,�as said resol�a-
tion may direct.
Section 6.
That the grantees herein and their assigns be and are hereby
authorized to erect a system of overhead wires for the purpose of
conducting the electric current, to operate motors and to properly
cross from'such electric current, such generating stations as may
be required, and to use the rails and earth for return circuit,
or may use metallic return circuits for that purpose; that they
be and are hereby authorized to erect poles to place the wires
upon; that said poles shall be placed .upon the outside edges of
the sidewalk, ,within the curb lines, not less than 100 feet apart,
said poles to be not less than twenty-five feet high, not less
r
-1-'6
than five inches in diameter at the upper, end, straight, shapely
and of uniform size, planed or shaved and thoroughly painted with'
two coats of lead and oil paint, of such color as' the city, council
may direct; all overhead wires and fixtures to be first class in
every respect, fitted with proper safeguards, and the wires, fix-
tures and poles .to be at. all times kept in good r-epair..
Section 7.
That, the grantees herein and their assigns shall .in construct
ing or repairing the roadbed and tracks ' for said railway, restore
all streets and avenues so used .and, occupied by it; to their former
condition, by refilling and packing thoroughly any and all excava-
tions made by them, and doing and performing whatever may be nee-
essary in order to such restoration, and failing to do so within
ten days after notice given by the .city council, the .city council
may order the work done, and the grantees or their, assigns shall
be liable fore the cost of said work, which cost shall be a lien u.p-
onAth e railway property and franchise.
Section 8.
That the grantees herein and their assigns shall be, and
they are hereby authorized to collect fares at five cents for each
siggle trip'.for each passenger; provided that the grantees herein,
and their assigns shall adopt and carry into effect the transfer
system, whereby passengers, by the payment of a .single fare, may
be transported .on connecting cars of said railway without furth.er
charge; and provided further, that in the event of a consolidation
by purchase, -or ..-Otherwise of the railway to be constructed and any
other street railway company, the transfer. shall obtain on both
the said systems. The cars shall be operated at such short in—
tervals as shall subserve the public - convenience', maintaining a
reasonable schedule; but cars need not operate between the hours
of eleven o'clock P. M. and six o'clock A. M.
Section 9.
That - the grantees herein and their assigns :Ihall hold the .
city harmless from any Aamages or injuries to property or persons
that may be occasioned,by the construction or operation of said
railway.
Section 10.
That the railway. hereby authorized may be, by permission of
the proper authorities 'of the county of Jefferson, extended into
or connected with another line or lines of street railways in the
country, so as to afford the inhabitants of the subirbd and of
neighboring- towns or villages convenient access''to this city.
Section 11.
That the grantees 'herein and their assigns shall have..the
right;. with the consent .of the owners or lessees thereof, to run
No Text
freight; all.,of the said. railway within •th-e city •limits as
described; and :a."failur,e°'-tocomply with any of these coed .tio
- shall .work a' -forfeiture of this-franchise'withoizt legal proceedings.
:. S ec t i.on 14.
That this' ordltance . take • effect and ' be in fore e from and
after its .passage-.._.:
j - �k� � `' -1-x,0 �-- •
-. .:1� I (- ..l`...t�----''"_-. `'fir-- • ..
A.
-fAOI In
�►
-�...--