HomeMy WebLinkAboutORD 1-A-1�. aY
A N 0' R D I AT A �T C E
is •,
%dranting right of ,xray and other privileges on c6
jtain streets in the City of Beaumont.. Texas..'therein.named to
' ^jEdward Kennedy, his associates or a.s^igns, for the building ,e
iiquipping, maintaining and opora.ting of an electric street railway,
BE IT ORDAINED by the City Coundil-of the City of
eaumont :
SECTION I.
u4: That the City Council of the City of. Be
mmont hereb�r grants
utO% Edward Kennedy, his associates, heirs or assigns for .the pur
jlpose>ofconstructing, maintaining and operating an ele.etri.e
--
Is Tee
-r iTi ay` in the f City of Beaumont; tYie "`right .of may
along, and -,',upon the streets in the City of Beatinont, herein des-
.-
�cri'bCd, with the privilege of laying, using rand constructing and
;,operating a single track rail.ray with such side-tracks, turn-
�puts and switches, as may be periliitted to be cons tructed) by the'
5.
City Council, as herein provided, for the purpose of operating an:
;electric street railway, and transporting and carrying thereon
!'of passengers, freight, United. States mail, express pabkages 4
Wand such ,,other com od ties as the management of said street rail
iaay clay deem necessary for public convenience, and for the ad-
14ran't6geous oper6f tion of said railway in the said City„ of Beaumont; 0
'.
ilk:- - ,• ... ... .. •-• .' _ '. , .,' .. y
upon the streets and "route as described herein, for a period of,
fifty years, from the. date of the passage of this ordinance, sub-,
ect to the conditions and restrictions hereinafter named:c• Ani.-
rovided that the said gr6ii:tee,his associates,heirs or assigns,
sna11 not construct arty turn -outs, side-tracks or switches with-
he
ith-he 1.i nits of the'ity, of
C Beaumont"; without first obtaining
he. grant or, right so to do,, from the `City Council.
;, -SMITH, CRAWFORD &. SONFIELO
g�, N
-2-
SECTION
2_
SECTION II.
The right is hereby given the ti__id. grantee, his associates,
heirs or assigns to enter and construct the said line of rail-
way over, along Gild upon the following named. streets in the Cit:
of Beaumont, to wit: -
Beginning at the west end of Broadway, at the point, of
intersection of Sixth Street with said Broadway, and rennin
thence in an easterly direction upon and with Broadway,alon
upon and over said Broadway, to the intersection of said Br
Broadway and Main Street: Running thence on Hain Street
along, upon and over said Plain Street in a Southerly dir-
ection, to the point of intersection of said Main Street
with Bon:.alu Street.
SECTION III.
The said grantee, itis associates, heirs or assigns shall
have the right to constra�ct said street railway acro.,s and over
such steam railroads and such electric railways, as may have
tracks already constructed in such location, that it will be
necessary to cross them , in order to 'keep the route herein
granted, so far as the City of Beaumont has the right to make
such grant, and wit2 out in any manner subjecting it to any lia-
bility therefor, by way of damages or otherwise, to such street
railways, or steam railroad companies', as may now have tracks
running across the said route.
SECTION IV.
The grantee herein, his associates, heirs or assigns shall
CD
have the right to eonnnect said line of railway, with and to
maintain and operate the salie in connection with any subburban
line, running outside of the City limits, and also with any. 1
inside of -the city limits, along and upon its said route.
0L% J.
SECTI
In the construction of said line of railway across any of
the above named
streets, it shall not
be
lawful,
nor shall the
grantee herein,
his associates, heirs
or
assigns
be authorized
to do or perform any labor on or about said railway track, until
1. r
SMITH, CRAWFORD & SONFIELD
-3-
G/ 401 / - 00q .' (
they have applied tro the City Engineer of the city of Beaumont,
and obtained from him the proper grade of any and all streets
sought to be -occupied by him: And when the said grade is so
given, it shall be conformed to in every particular, 'provided
that the city of Beaunont shall have, and it hereby -reserves the
right at any time to change the grade of any of the streets,and
the road bed and tracks of the said railway shall in the event
of any such change in the grade, be conformed to the.new grd.d.e
at the expense of the grantee herein, his associates,heirs or
assigns,'and the city shall iii no way be�iable in damages to the
grantee herein, his associates, heirs or a.ssign.s 'for or on acs
count of the change of grade of any of the said streets.
SECTION VI.
The said grantee, his associates, heirs or assigns, shall use
this grant and franchise in such manner and shall construct th,e-
roadbeds and lines of railway, so as not to impede the streets
or interfere with the use of same by the public. They shall
at all times keep the portions of the street occupied. by the
railvaay--that is to say,the positions of the street between the
rails of the, tra6k laid and. extending twelve inches beyond the
outer edge of the rails of -the said railway;and including the
space between any double track and between the maintrack, side-
tracks and turn -outs-- in good condition and repair, and shall
keep the top of its rails on,a level with the street, and when
deehied necessary by the City Council, shall place planks on both
sides of the rail, for the purpose of maintaining the level.
That said grantee, his associates, heirs and assigns, shall con-
struct,
onstruct, maintain and keep in good repair, good and sufficient
crossings, over their lines of road at the intersection of all
streets, through which said line shall be constructed: And
where culverts are encowitered in the construction of said rail -
SMITH, CRAWFORD & SONFIELD
- 4 -
way, the same shall be reluilt by the grantee herein, his as-
sociates, heirs or assigns, in such Wanner, as may be determin-
ed by and to the satisfaction of the City Council
Should the grantee, his,.associates, heirs or assigns fail
or refuse to do and porform the things provided in this section,
within ten days after notice_given th by the City Council, the
City Council may order the work done, and the grantee, his assoc
fates, heirs or assigns, shall be liable f8r the coat of said
work, which said cost shall be a lien upon all railway property
and franchises.
That in the event the City Council shall determine to grade..,
pave, repair, repave or otherwise imiprove any portion of said
streets, upon which .said railway is constructed, or to cepa it
or construct any sewer or sewers on said streets, said grantee,
or his -associates, `heirs or assigns., shall, ' if_ dee -ned necessary
by the City -Engineer, temporarily remove or take up their im-
provements, for such purpose and suspend the operation of said
railc,�ay thereon, and the grantee herein, or his associates,
heirs.or assigns shall be liable for the cost of grading, p avin ,
repairing or repaving, or otherwise improving the portion of
any street or intersection occupied by said railway: That is
to say, from end to end of its ties, and such cost shall be a
lien upon the property and franchises as provided in the Chart
of the City of Beaumont. -Aft-
And in the event the City Council shall decide to pave any
street.or portion thereof, over which said railway shall be con -
strutted, or in the event said railway shall be constructed on,
over, or across any street already paved, the grantee herein,
his associates, heirs or assigns, shall construct the road -bed
on concrete, and otherwise fix Name, so as not to in any raise
injure the paving, said work of construction to be done as dir-
ected by the City Council, and under the supervision of the Cits
SMITH, CRAWFORD &, SONFIELD
i
5M
Engineer: This is a condition, in the grant of the rights, pri
-leges and franchises under this ordinance, and failure to com-
ply therewith, shall work a forfeiture of all'of said rights,
privileges and franchises,
I -
SECTION VII.
Said railway shall be constructed of good and proper matei-
ial and shall be equipped and maintained and operated in a first
class stile and conditioned.-, and up to the standard of any sim-
ilar railway in any city in the State of Texas,. The iron
used shall, not weigh leas than fifty-five pounds to the Yard,
and the rails shill be of such character and depth, and con-
struction 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 mod ern design, and the grantee herein, or his assoc--
iatea,__heirs, _ or_assigns shall at all times, when instructed by
resolution of the City Council, make and enforce suitable pro-
visions for the Peparation of white and negro passengers, such
ision1to be of such character as said resolution may direct.
SECTION VIII.
That the grantee herein, his associates, heirs or assigns
be, and he is hereby authorized.to erect a system of ever -head'
fres, 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 r
and earth for return circuit, or may use metallic return cir--
is for that -purpose: That- he -be, and is hereby authorized
to erect poles to place the wires upon; that said poles shall
be placed upon the outside edges of the sidewalks, within the
curb lines, not less than 100 feet apart, aaid poles to be not
less than twenty-five feet high; not less than five inches in
diameter at the upper end, straight, shapely and of uniform size
SMITH, CRAWFORD &, SONFIELD
9�.
50
planed and shaved and thoroughly painted with two coats of lead
and oil paint of such color as the city council may direct, all
over -head lrrires and fixtures to -be first class in every respect,
fitted with proper safe -guards and the wires, fixtures and poles
to be at all tunes kept in good repair.
SECTION IX.
That the grantee herein or his associates, heirs or assigre,
shall in the construction or repairing of roadbed and tracks
said railway, restore all streets and avenues so used and
ceupied by it, to their former condition, by refilling and pack
ng thoroughly any and all excavations made by hi1n, and doing an
erforming whatever may be -necessary in order to such restora-
ion, and failing to do so within ten days after notice given
y the City Council, the City Counei2 may order the work done,
the grantee or his associates, heirs or assigns, shall be
able--..for--the cost-. of said work, which cost shall be a lien
all the railway property, and franchise.
SECTION X.
That the grantee herein, his -associates, heirs or assigns
be, and they are hereby authorized to collect fares at
ve cents for each single trip, for each passenger; provided
at the grantee herein, his associates, heirs or assigns shall
dopt
and carry into
effect, the
transfer
system -,whereby
passen=
ers,
by the payment
of a single
fare may
be translooTte-d
on con -
ting -cars of said railway, without further charge: Frovid-
d further that in the event of the, maintaining and operating
f the same in connection with any subburban line running out-
ide of the City liraits, or with any line inside of the City
ts, as -provided. in Section IV of this ordinance, or in the
vent -of the consolidation by, purchase or otherwise of the rail -
Ay to be constructed, and any other street railway company, the
on
ransfer shall obtain Aboth the said. systems,
SMITH, CRAWFORO & SONFIELD
SECTION XI.
That the grantee herein, his associates, heirs or assigns
11 hold the City harmless from any damages or injuries to
property or persons that may be o ccassioned by the construction
�.r operation of said. railway,
SECTION XII.
The grantee herein, or his associates, heirs or assigns
all otNn and operate the same subject to the Charter of the City
f Beaumont, and any amendments which may be made thereto, and
1 existing ordinances and future ordinances in -pursuance of
aid dharter, so far as same may be applicable.
SECTION XIII. ,
That the said grantee, or his associates, heirs or assigns
all within ten days after the p assage'of this ordinance, file
�n_the---office -of-the -City Secretary of the City - of Beaumont, a
tten aceeptancc of this franchise, and shall within thirty
30) days after the passage of this ordinance begin the work of
onstraction of the said railway, and shall push the same to
ompletion, and shall within twelve months after the passage of
his ordinance have in active operation, for the transportation
f passengers, all of the said railway within the City linitg as
bove described, and failure.to comply with any of these con-
itions shall work,a forfeiture of this franchise, without legal
roceedings.
SECTION XIV.
This '-ordinance shall take effect and' be in force from and
after its ?passage.
We recommend the passage of above ordinance.
SMITH,-CRAWFORD & SONFIELD
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