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HomeMy WebLinkAboutORD 92-A-1An Ordinance granting to William L. Thompson of Beaumont, Texas Harry K. .Johnson, R. F. Learned, George W. Koontz of. Natehes Missis— sippi, and, their associates and assigns the right privilege and fanchise to construct maintain and operate g line or lines of electric railway upon over and along certain streets avenues and public bridges in the City of Beatamont, Texas. BE IT ORDAINED by the City C.pia.ncil of. the City of Beaiznont: Section I. The City of _73eai.unont does hereby grant to William L. Thompson of Beaumont Texas, Harry K. Johnson, R. P. Learned and George, W. Koontz of Yatches Mississippi, their associates and assigns the right of way, to— gether with the right privilege and franchise to constrwat, ma�tntain, use and operate, a line of railway with the necessary switches, turnouts and turn tables in the City of Beaumont, upon the streets thereof' as herein- after named for the purpose of transporting passengers. Said. railway shall be operated by electricity as the motive power which said grant and privilege is Tilade for the term of () �_ _J _years from the passage of this Ordinance subject to the conditions alftdrestrietions hereinafter named. Section �). The right is hereby given the said grantees their associates and assigns to enter and construct the said lineof railway upon and over the following streets and avenues and along the routes following to rit: - Deginnirig at the intersectior_ of Alma and. Ector streets; thence along Ector to Harriett street to South Park street; thence along South Park street to Park street, thence along Park street to Ps -siriett avenue, o eauron , upon the streets thereof: as herein— after named for the purpose of transporting passengers. Saicl railway shall be operated by electricity as the motive jower which said grant and privilege is made for the term of .years from the passage of this Ordinance subject to the conditions afidrestrictions hereinafter named. Section ?. The right is hereby given the said grantees their associates and assigns to enter and construct the said lineof railway upon and over the folloT,-ing streets Euld avenues and along the routes following to wit: Beginning at the intersection_ of Alma and. Ector streets; thence along Ector to Harriett street to South Park street; thence along South Park street to Park street, thence along Park street to Eml ett avenue, And beginning at the intersection of Calder avenue,and .Magnolia Jt,7eets, thence along hfa?;nolia street to ?nth -street; thence along street to Colliers Ferry road. Section 3. w In th �onstriaation of 6hid lines of railvlay track on or er.oss 0 6 /`G4JO, OVA - I any of the above named streets or avenges, it shall not' be lawftill nor shall the grantees herein, their associates or assignsl,eauthor- ized to do or perforf:,, any labor on or about said railway track until they, have applied to,the city engineer of the city of I3eatufiont and obtained fro -,-,I hi -r_ the proper grade of any and all streets and avenues sought to be occupied by thev,, and :hen the said grade is so given, the said grade shall be conformed to in ever,,;- particular; provided that the said city of Ben,zr_iont shall have and hereby reservpss the rig,ht at any tine to change the grade of any of the said streets and avenues, and the roadbed and the tracks ofthe said railzray shall in the e -,rent of any such changes in the grade, be conformed - to onformed- to the neer grade, at the ex_., ense of the grantees herein or their assigns, and the city shall in no w::�:_y be liable in damages to the grantees herein, their associates or assigns, for or on account of the changes of grade of any of the;,streets or avenues. Section 4. The said grantees and assigns shall use this grant and. fran- chise in such a z_a nes, and xxigh shall construct. the roadbed and lines of railway so as not to impede the streets or interfere with the use of sariie by the public. They shall at all times keep the portion of the street occupied by the railbvay--that is to say the portion of t1ie street between the rails of the said track laid and extended twelve inches beyond the oi.zter edge of the rails of the said railway, and including the Space bets een any doable track and between the main track, Side tracks and turnouts in good condition and repair, and shall keep the top of its rails on a level -with the street, and when deemed necessary by the city council shall -space planks on both sides of the rail for the purpose of maintaining the level; that said grantees and tIierr assigns hall construct, main -f ain and keep in;�good repair, good and sufficient crossings over their lines of' road at the intersection of all streets through which said lines shal.l be constructed, and_ all culverts constructed. by the --lines of railway so as not to impede the streets or interfere "Fith the use of same by tl^Le public. They shall at all times keep the - •i portion of the street occupied by the railway --that is to say the portion of the street between the rails of the said track laid and extended trelve inches beyond the outer edge of the rails of the said railway, and including the Space between any double track and between the maink track, Side tracks and turnouts in good condition and repair, aria_ shall keep the top of its rails on a level with the. street, and when deemed necessary by the city council shall _place planks on both sides of the rail for the purpose of maintaining ihhe level; .that said grantees and their assiErns shall construct, main.ain and keep in2�►good repair, ,good and sufficient crossings over their lines of road at the intersection of all streets through which said lines shall be constructed,. and all culverts constructed. by the city under said railway shall be kept in repair by the grantees herein and their assigns, and 1.,vr:ere culverts are encountered in the, construction of said railway, the same shall b4 rebuilt by the grantees herein and their assigns, in Such ivanner as may be deter- mined lay and to the satisfaction of the city council; that in the event the city council shall deterlriine to grade, pave, repair, re- 3 pave or otherwise i: -:prove any portion of said streets upon �Ihich said railway is cons tructe4, said grantees or their assigns shall, if necessary, temporarily remove or take up their iriprove:.'ents for such purpose and suspend the operation of said railv,,ay thereon, and the grantees herein or their assigns, shall be liable for the cost of such grading,, paving, repairing, repaving or otiieri,,,ise im.- proving the portion of theg street or inters0tion occupied by said rails -gay, and such cost shall be a lien upon the property and fran- chise as provided in the charter, of the city of Beaumont. Section S. Said railway shall be constructed of good and proper material and shall be equipped, miintained and operated in a first class style and condition, and up to the .3tandard of any simila :r�Wailway in any city 6 in the state of Texas having a population of twenty- five thousand. The iron used shall weigh not 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 ri-ade 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 tines when instructed by resolution of the eit-y council, make and enforce suitable provisions for the sep- aration of white and negro passengers as said resolution rtay direct. Section 6. That the grantees hex ein and their assigns be and are hereby authorized to erect a systein of overhead wires for the p7arpose of Bond cting the electric current, to operate motors and .to properly cross from such electric xt current, generating stations as may be rerja.ired, 5.nd 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; t.Ytpt. -,airi Ytnl Pa gbgl l 'hP nn i.hP roi+.c ir7A Pr76'Pc-+ n -r +71A r;rle�_ manner as may be deterr-ined 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 irrhen instructed by resolution of the cit r council, make and enforce suitable provisions for the sep- aration of white and negro passengers as sc:iid resolution may direct. Section 6. That the grantees herein and their assigns be and are hereby authorized to erect a system of overhead vires for the purpose of eondi._eting the electric current, to operate motors and .to properly cross from such electric xt current, generating stations as may be required., �-.nd 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 on the outside edges of the side- walk, within tll, e curb lines, not less than 100 feet apart, said poles to be not less than 'twenty-five feet high, not less than five inches in dianieter at the upper end, straig�t, shapely and of uniform size planed or shaved and thoro hly painted pith two coats of lead and. oil paint, of such color as the city council may direct; aim ovf-r- j head wires and fixtures to be first class in every respect, fitted i I 4 with proper safeguards, and the wires, fixtures and poles to be at, all times kept in good repair. Section 7. That the grantees herein, and their assigns, shall in tlxm constructing or repairing the road bed and tracks for said railway restore all streets and avenues so used and occupied by it, to their fortuer condition, by refilling and packing thoroT.ghly any and all excavations made by them, and doing; and prrforrr�ing whatever relay be necessary in order to such restoration, and ..failing to do so within ten days after notice given by t -,-e city council, the city council may order the work done, and the grantees ortheir assigns shall be liable for the cost of said; ,�which cost shall_ -be a lien upon the railway prop erty and franchise. Section 3. That the grantees herein and their assigns shall be and they are hereby authorized to collect fares at five cents for each single trip for each passenger, provided that the grantees herein, aiui. their assigns, Shall adopt and carry into effect the transfer system whereby passengers, by the payment of a single fare, Iay be transported on connecting cars of said railway without further charge; and pro- vide( f),.rther, that in the event of a consolidation by purchase or ot-ertvise of the railway to be constructed, and tl-;e Dea»nont Street Railway Company, the transfer shall obtain on both the said systeliis; the cars shall be operated at such short intervals as shall subserve the public convenience, maintaining a r. easor_ab e schedule, but cars need not operate between the hours of eleven o'clock P.lv1. and six o'clock A. M. section 9.. That the giiantees herein, and their assigns, shall hold the city ;:armless from any damages or injuries to property or persons that may be occasioned by the construction or operation of said their assigns, shall adopt and carry into effect the transfer system whereby passengers, by the payment of a Single fare, Iflay be transported on connecting cars of said railway without fl-irther charge; and pro- vided further. , that in the event of a consolidation by Purchase or ot'-erwise of the railway to be constructed, and the Beaumont Street Railmay Company, the transfer shill obtain on both the said syste_:s; the cars shall be operated at such short intervals 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. ILII. Section 9. That the gffantees herein, and their assigns, shall hold the city .:armless from any damages or injuries to property or persons that may be occasioned by the construction or operation of said railway. Section 10. That the rail;rJay hereby authorized may be, by the permission of the proper authorities of the county of Jefferson, extended into or connected another line or lines of street, --railways in the country so as to afford to the inhabitants of the suburbs and of neighboring LJ 5 towns or villages convenient access to this city. S ectionli. Q�".7�dOq",� a That the grantees herein and, their assigns shall have the right, with the consent of the owners or lessees thereof, to run their cars ovDr the tracks o -IF any existing line of street railway., or of such as may be hereafter established, --and may charge, the same fares as authorized_ upon their own lines, and they may also permit the o',Me-rs or lessees of other limes of street railway to operate their cars upon the railway hereby authorized, provided that the transfer system as provided in section o shall obtain in the event of such joint uses of tracks, upon the cars of the grantees herein or their assigns. Section 12. Nothing in this ordinance contained shall authorize the con— ^trl�CtlOI1 ofthe said railway upon the part of any street o_r avenue already occupied by the tracks of any other street railTjay company, except for the purpose of crossing the same. Section 1. That said grantees are hereby authorized and empowered to transfer and assign to a. cor--poration to be formed by them, and styled the "Bealziont Traction Company", a the rig=its, powers, privileges and franchises hereby granted, subject to all the con— ditions, obligations and duties set forth in this ordinance. Section 14. 1. TLe grantees herein and their assigns shall otrn and operate the sa-te subject to the charter of the city of Beaumont, and all existing ordinances and future ordinances in pursuance of said_ charter, so far as same may be applicable. Section 15. The grantees herein, or their assigns, shall within ten days after the passage of this ordinance, file in the office of the city SOction 13. That said grantees are hereby authorized and empowered to transfer and assign to a eor_ooration to be forded by them, and styled the °Beawzlont Traction Coir�pany", a� the rigiits, powers, privileges and franchises hereby granted, subject to all the con- ditions, obligations and dia.ties set forth in this ordinance. Section 14. Toe grantees herein and their assigns shall own and operate the sal de subject to the charter of the city of Beaiziiont, and all existing ordinances and future ordinances in pursuance of said_ charter, so far as same may be applicable. Section 15. The grantees herein, or their assigns, shall within ten days after the passage of this ordinance, file in the office of the city :secretary of the city of Beaumont their written acceptance of this franchise, and shall within thirty days after the passage of this ordinance, begin the work of constructing said railway: and shall within sic, months after the passage ofthis ordinance construct, equip and have in active operation for the transportation of passen- gers at least two miles of said railway within the city limits, and f '� 4A te- zz? Z -S -V 6 a failure to comely with any of these three conditions shall iuorh a forfeiture of this franchise without legal pi?oceedinc.:s. section .11). This ordinance shall take effect and be in force from and after its pa's.sage. e --4-e; �w-" ---c- - ............ Jr: