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HomeMy WebLinkAboutORD 16-BA N, O R D I N A N C E ------------------------ Granting the BeaLmont Electric Railway Company, of Beaumont, Texas, the r:tght to erect, maintain and operate an Electric System of Street Cars in the City of Beaumont . 0 --------------0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That permission and authority be, and the same is hereby granted to the Beaumont Electric Railway Company, of which Olof N. Bergstorm, J. M. Langsdorf, John A. Hanson, 0. H. Pennock and C. W. McCune are the promoters, their successors and assigns, to erect, maintain and operate a system of street cars for the purpose of carrying passengers in the city of Beaumont, Texas, under certain conditions, covenants and requirements hereinafter stated, for a term of Fifty (50) years, and the right-of-way is hereby granted to said Beaumont Electric Railway Company, upon its and its said promot-. ers complying strictly with the conditions and stipulations herein- after stated, over, through and upon the streets and avenues of said city as they now are, or may be hereafter laid out, extended or enlarged, to erect, maintain and operate a system of street cars. Provided that said syttem of street cars shall consist of a main or trunk line, with such extensions and additions as the public demand for that kind of travel will, in the opinion of the City Council, justify the Company in making; and that the said trunk or main line shall, within twelve months from this date, be built and completed of such �. material, and in the manner, required and directed by the City Council, its Engineer and duly authorized agents, upon the following streets, to -wit: Beginning at the intersection of Pearl and Calder Streets; thence along the center of Pearl Street in a south-easterly direction to the center of Pstin Street; thence along the center of Austin Street to the center of park Street; thence along the center of Park Street to the center of Emmett Avenue; thence along the center of Emmett Avenue to Sabine Pass Aveanue, making said main or trunk line about one and one-fourth miles in length; Provided,, that such work -2 - of construction shall commence within six months from this date and continue without intermission until completed, The same to be complet- ed within twelve months from this date. Before commencing the construction of said road, and within ten days from date, or at such a time as required by the Mayor of the city of Beaumont, the said Beaumont Electric Railway Company and the promoters thereof, shall make a good and sufficient bond in the sum of Five Thousand Dollars, pay- able to the Mayor of the city of Beaumont, his successors in office, conditioned that they will proceed within the next six months from date to construct, build, complete and equip within twelve months from this date, said railroad, in accordance with the requirements and stipulations of this ordinance, and according to the dired3.ons and requirements of the City Council of the city of Beaumont, or their dull authorized agents. Section 2. In the event any other person or association of per- sons shall, at any time within the said Fifty years this franchise is to run, propose or offer to erect ano maintain a line of electric street cars upon any of the streets and avenues of this city not so used and occupied by the Beaumont Electric Railway Company, the said city of Beaumont shall have the right to grant such franchise to such person or association of persons, after having first notified the Beaumont Electric Railway Company of the said proposition of such other person or association of persons, and given the said Beaumont Electric Railway Company three months from the time they are so noti- fied in which to decide whether or not they will avail themselves of this franchffise, and their preference herein given,and execute their bond to the city, obligating themselves to commence the construc- tion and operation of a railroad upon such street or streets within the time required by the City Council, and in the event the said Beaumont Electric Railway Company do not so obligate themselves to build the line proposed by such other person or association of per- sons under this franchise, then and in that case the franchise shall be allowed and granted to such person or association of persons, making suchproposition. Section 3. That the road -bed ff such street railway of the Beaumont Electric Railway Company may be constructed with a single track extend.inR alon-a the centre of the streets, with all necessary -3- switches, 3 - [f.r Z9 . { '�^i •P r r switches, turn tables, curves, poles, wires and other appliances nec- essary for the successful operation of such Street Railroad. Such railroad track shall .be laid and constructed upon, in and along the streets in such a Hiway and in the manner required at the time of its construction by the City Council of the city of Beaumont; and in the construction and operation of said Beaumont Electric Railway Company's road, such railroad iron, ties, cars, etc., shall be used as may, at the time, be required by the city of Beaumont, its officers and agents. The iron used upon said road shall be nothing less than first-class, 66 pound steel rails, and placed in an iron frame or chair below the surface of the ground, in the same way as that now existing in the City of Washington, unless otherwise directed and re- quired by the City Council of the City of Beaumont hereafter. Said Company shall at all times keep the streets in good repair, maintain good crossings, and whenever any street shall be paved, by the city, it shall be the duty of the said Beaumont Electric Sailway Company to pave the space between the rails and ties of their said railroad track, and extend the same on each side of their t-rackfor a space of twelve inches, or in such a way as may be required by the city. Section 4. The city of Beaumont shall not be liable to the Beau- mont Electric Railway Company for any damages that may occur to said Company by reason of the breakage of -any sewer, water*pipe, or by - reason of any unnecessary delay in construction resulting from fire, water or any other causes. Section a. In the event it becomes necessary for the said Railway Company to remove any sewer, water -pipe, poles, bridges, sidewalks, or -other impediments -in the construction of their road, the said Com- pany shall do the same at their own cost, remove and restore the same in as good condition as it existed before they interfered with it, and shall protect and hold the city harmless from any damages, costs or expense which may result'to other person or association of persons 6n the construction and operation of said railroad. Section 6. Said Railway Company, its agents and employes, shall at all times be ameanable to, and comply with the Ordinances and Regula- tions of the city of Beaumont in the construction and operation of their said road.