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ORD 16-A-2
.1 o /W/ —oil— , E + AN. ORD INA NCHo An ordinance granting to the Beaumont Traction Company, its lessees, successors, or assigns, for the term of forty --two years, consent, Permission and authority to construct, reconstruct, maintain and operate over certain streets within the corporate limits of the City of Beaumont, Texas, a street railway system with the tracks, electric wires, cars and other parts and appurtenances thereof'., defining the motive power by which the cars thereof shall be operated, and prescribing the conditions and requirements under which said street railway shall be constructed, reconstructed2, maintained and operated,, and providing penal- ties; and providing for the repealing and terminating of all franchise rights and privi- leges rivi-leges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said City (except as granted by this ordinance), and providing for the surrender of the same to the City, WHMAS the Beaumont Traction Company,,a corporation organized and existing underthe laws of the State of Texas, is operatingvariouslines of street railway over the streets of the City of Beaumont, and is now the owner of the said street railway system, said system being operated under the following franchises and permits granted by the City of Beaumont* (1) A franchise granted by the City of Beaumont to John H. Kirby and others on the 14th day of November A. D. 1900; (2) A franchise granted to W. L. Thompson, H. K. Johnson, and others on October 7th., 1902; (3) A franchise granted to the Beaumont Traction Company for what is known as the, Royal. street Line on April 17th, 1906; (4) Various permits granted by the City Council of the City of Beaumont; and WHEREAS, under the.authority of and pursuant to a resolution adopted by the City Council of the City of Beaumont on the 13th day of July, 1909, the City Attorney of the City of Beaumout has instituted in the name of and on behalf of the City of Beaumont in the Distract Court ' of Jefferson County, Texas, two certain actions against the said Beaumont Trac- tion Company, one of said actions being for the annul.lment of said franchise, and the other for the reeolery of damages allegedto have been sustained by the City of Beaumont as a result of the alleg.ed violation by the said Beaumont Tra.nti nr nnm-nnr,v n -P nc•i R -N-r, ,nlgi aoa i n veal for the term of forty--tiro years, consent, permission and authority to construct, reconstruct, maintain and operate over certain streets within the corporate limits of the City of Beaumont, Texas, a, street railway system with the tracks, electric wires, cars and other parts and appurtenances thereof,, defining the motive power by which the cars thereof shall be operated, and prescribing the conditions and requirements under which said street railway shall be constructed, reconstructedg maintained and operated, and providing penal- ties; and providing for the repealing and terminating of all franchise rights and privi- leges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said City (except as granted by this ordinance) , and providing for the surrender of the same to the City. WHEREAS the Beaumont Traction Company,.a corporation organized and existing Underthc laws of the State of Texas, Is operating various linea of :street railway over the streets of the City of Beaumont, and is now the owner of the said street railway system., said system being operated under the following franchises and permits granted by the City of Beaumont. (1.) A franchise granted by the City of Beaumont to John H. Kirby and others on the 14th da of November A. D. 1900; (2� A franchise granted to W. L. Thompson, H. K. Johnson, and others on October 7th., 1902; (3) A franchise granted to the Beaumont Traction Company for what is known as the. Royal Street Line on April 17th, 1906; (4) Various permits granted by the City Council of the City of Beaumont; and WHEREAS, under the. authority of and pursuant to a resolution adopted by the City Council of the City of Beaumont on the 13th day of' July, 1309, the City Attorney of the City of Beaumoat has instituted in the name of and on behalf of the City of Beaumont in the District Court of Jefferson County, Texas, two certain actions against the said Beaumont Trac- t -ion Company, one of said actions being for the annullment of said franchise, and the other for the recolery of damages allegedto have been sustained by the City of Beaumont as a result of the alleged violation by the said Beaumont Traction Company of said franchises in rela- tion to the keeping in repair of its tracks on Pearl Street in the said City of Beaumont, the said actions being respectively entitled and numbered on the docket of the said court The City of Beaumont versus Beaumont Traction Company, No. 7611", and "the City of Beaumont V rsus the Beaumont Traction Company, No. 7612", and WKREAS, there is now pending in the Circuit Court of the United states for the Eastern District of Texas, at Beaumont, that certain suit in equity Numbered 157 on the docket of said court entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, in Which suit J. F. Weed is Receiver of said Beaumont Traction Company; and, WHRREAS, the said City of Beaumont is willing, by gray of compromise and settlement of its differences withtsaid Beaumont Traction Company, to dismiss said suits instituted by said City of Beaumont in the District Court, of Jefferson County, Texas, upon condition that said suit in equity in the United States Circuit Court is disposed of as hereinafter provided, and upon condition that the rights and privileges of said Beaumont Traction Company granted under the franchises and permits hereinbefore referred toy are surrendered and cancelled, and upon condi- tion that the rights, privileges and franchises conferred and obligations and duties imposed by this ordinance are accepted in lieu and sub- stitution ub-stitution thereof; and upon the other terms and conditions hereinafter set forth; NOW THERWORE BE IT ORDAINED BY THE CITY COUPCIL OF THE CITY OF BEATWONT SECTIOU I. REPEALING AND SUBSTITUTIMO That upon the acceptance of tl�is ordinance in the manner and form hereinafter designated, the rights and privileges of said Beamiont Tracticn Company, and of all other persons, natural and corporate, claiming any interest in the same, under the franchises and permits hereinbefore referred to shall be and they are hereby cancelled and annulled, and all of the aforesaid franchises and per- mits shall be and stand repealed, and in lieu and substitution there- of the rights, privileges, franchises and permits hereinafter set forth and provided are hereby granted said Beaumont Traction Company hereinafter called the grantee, for the period of forty --two years from the 7th day of October, A. D. 1910, subject to the terms, con- ".L 41 UI .LVU V.L I VLV .1lV GL V41LV 11V, .V11C4V VVL V4F4i11 Q%& in equity Numbered 157 on the docket of said court entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, in Which suit J. F. Weed is Receiver of said Beaumont Traction Company; and2 WiMIMM I the said City of Beaumont is willing, by way of compromise and settlement of its differences withfsaid Beaumont Traction Companyy to dismiss said suits instituted by said City of Beaumont in the District Court, of Jefferson County, Texas, upon condition that said suit in equity in the United States Circuit Court -is disposed of as hereinafter provided, and upon condition that the rights and privileges of said Beaumont Traction Company granted under the franchises and permits hereinbefore referred to., are surrendered and cancelled, and upon condi- tion.that the rights, privileges and franchises conferred and obligations and duties imposed by this ordinance are accepted in lieu and sub- stitution thereof; and upon the other terms and conditions hereinafter set forth; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT SECTION I. REPEALING AND SUBSTITUT111GO That upon the acceptance of this ordinance in the manner and form hereinafter designated, the rights and privileges of said Beaumont Tracticn Company, and of all other persons, natural and corporate, claiming any interest in the same, under the franchises and permits hereinbefore referred to shall be and they are hereby cancelled and annulled, and all of the aforesaid franchises and per- mits shall be and stand repealed, and in lieu and substitution there- of the rights, privileges, franchises and permits hereinafter set forth and provided are hereby granted said Beaumont Traction Company hereinafter called the grantee, for the period of forty-two years from the 7th day of October, A. D. 1910, subject to the terms, con- ditions, provisions and restrictions hereinafter mentioned; pro- vided it is distinctly understood that by the foregoing repeal of sAid franchises and permits as above set forth, it is not intended to invalidate the bonds of the grantee heretofore issued and now out- n standing but to substitute the franchise hereby granted as the basis and security for said bonds in lieu of said franchises and 'permits hereinabove repealed. F SECTIOU Ii. GRAFT AND DURATION. That the City of Beaumont does hereby grant to the said grantee, its successors and assigns, the right of way for and the right, privileges and franchises ,to construct, maintain, use and operate, a system of electric street railway, with the necessary switches, turnouts ..and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be desig- nated, for the purpose of transporting passengerso SECTIOI III* STREETS COVERED BY FRANCHISF'o That the streets over and upon which the rights and pri- vileges shall extend shall be; (a) The streets upon which the grantee is now operating, us- ing and maintaining a line of street railway Which are as follows, to -wit: On Pearl St•r•eet from Calder Avenue to Milam Street, Milam Street from Pearl Street to park Street, on Park Street from Crockett Street to the City Limits; on Emmett Avenue from Park Street to Sabine Pass Avenue; on Sabine Pass Avenue from Eimnett Avenue to Shamrock Avenue; on Shanrock Avenue from Sabine Pass Avenue to Fifth Street (now Irving Avenue); on Fifth Street (Irving Avenue) from Shamrock Avenue to Doucette Street; on Doucette Street from Fifth Street (Irving Avenue) to Railroad Avenue; on Royal Street from Park Street to Galveston Street; on Galveston Street from Royal Street to Berlin Street; on Berlin Street from Galveston Street to the Sabine & East Texas Railroad; on College Street from Pearl Street to Avenue C; on Crockett Street from Park Street to Orleans Street; on Orleans Street from Crockett Street to Bonham That the City of Beaumont does hereby grant to the said grantee, its successors and assigns, the right of way for and the righty privileges and f ranchisez to construct, maintain, use and operate, a system ;of electric street railway, with the necessary switches, turnouts and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be desig- nated, for the purpose of transporting passengerso SECTIO14 IIIo STREETS COVERED BY FRANCHISE, That the streets over and upon which the rights and pri- vileges shall extend shall be; (a) The streets upon which the grantee is now operating, us- ing and maintaining a line of street railway which are as follows, to -wit: .On Pearl Street from Calder Avenue to Milam Street, Milam Street from Pearl Street to Park Street, on Park Street from Crockett Street to the City limits; on Emmett Avenue from Park Street to Sabine Pass Avenue; on Sabine Pass Avenue from E=ett Avenue to Shamrock Avenue; on Shamrock Avenue from Sabine Pass Avenue to Fifth Street (now Irving Avenue); on Fifth Street (Irving Avenue) from Shamrock Avenue to Doucette Street; on Doucette Street from Fifth Street (Irving Avenue) to Railroad Avenue; on Royal Street from Park Street to Galveston Street; on Galveston Street from . Royal Street to Berlin Street; on Berlin Street from Galveston Street to the Sabine & East Texas Railroad; on College Street from Pearl Street to Avenue 0; on Crockett Street from Park Street to Orleans Street; on Orleans Street from Crockett Street to Bonham Street; on Bonham Street from Orleans to Pearl Street; on Liberty Avenue from Orleans Street to Magnolia Avenue; on Magnolia Avenue from Liberty Avenue to City Limits; on Calder Avenue from Pearl Street to City Lim-41.t5e (b) Such of the tither streets within the corporate limits of the -City of Beaumont as may be designated by rssolution or ordinance of the City Council of the City of Beaumont as streets upon which the said street railway system may be extended; (c) Such streets or highways as may be hereafter included within the corporate limits of the City of Beaumont, upon which, the grantee may be operating its railway system at the time of such in - elusion. SECTION IV, SINGLE AND DOUBLE TRACKS AND SWITCHESo That the rights and privileges herein granted are for a. single track street railway,only', except to the extent of the double traces which the said grantee now owns and operates,. and except to the extent that the said grantee may be hereafter authorized to change the said road or portion thereof, to a double track road, by the City Council of the City of Beaumont, under such regulations as the latter may prescribe; provided, however, that the grantee bey and it is hereby, authorized to construct, in lieu of the single tracks now situated thereon, double tracks along the following streets, to - wit: On Pearl Street from Bonham to Milani Streets; on Ifilam Street from Pearl Street to Park Street; on Park Street from Milam to Royal Streets; on College Street from Pearl 'Street to Park Street; this permit for double tracks being granted upon condition that the same be constructed within twelve months after the acceptance of this ordinance, and that,, as to character of construction, same shall be governed by the general provisions of this ordLnancoo That the grantee shall construct no switches or turnouts in addition to those now constructed, except by permission of the City Council of the Cj,ty of Beaumont, vi uua ul uy uuLtric.zi ui tine t;itiy oz i5eaumonti as the said street railway system may be extended; (c) Such streets or highways as may be hereafter included within the corporate limits of the City of Beaumont, upon which, the grantee may be operating its railway system at the time of such in- clusionp SECTION IV* SINGLE AND DOUBLE TRACKS AND SWITCHES* That the rights and priv3legea herein granted are for a single track street railway.only9 except to the extent of the double tracks which the said grantee: now owns and operates, and except to the extent that the said grantee may be hereafter authorized to change the said road or portion thereof, to a double track road, by the City Council of the City of Beaumont, under such regulations as the latter may prescribe; provided, however, that the grantee bey and it is hereby, authorized to construct, in lieu of the single tracks now situated thereon, double tracks along the following streets, to - wit; On Pearl Street from Bonham to Milam Streets; on Milam Street from Pearl Street to Park Street; on Park Street from Milam to Royal Streets; on College Street from Pearl Street to park Street; this permit for double tracks being granted upon condition that the same be constructed within twelve months after the acceptance of this ordinance, and that, as to character of construction, same shall be governed by the general provisions of this ordinancoo That the grantee shall construct no switches or turnouts in addition to those now constructed, except by permission of the City Council of the City of Beaumont. SECTION V AMAL PAYMENT TO CITY. That in consideration of the grant of this franc':ise on the first day of February 1917 and on the. first day of February of each year thereafter the grantee shall pay to the City of Beaumont one per cent of its gross receipts of fares for the carriage of passengers for the year ending December lot of the year preceding and the percentage of gross receipts to be paid by the grantee may be increased by the City Council of the City of Beaumont at any time after October 27th, 1927, to an amount not to exceed two per cent of such annual gross receipts, It is expressly understood that the payments in this section provided for are by way of a bonus to the City of Beaumont, and not by way of occupation or franchise tax nor tax of any kind; and same shall in no manneraffect or.impair the City's right of taxa- tion against the grantee under present or future laws, nor in any manner release or exempt said grantee from the payment of any taxes Which may be legally imposed. SECTION VI CHANGE OF GRADE IIABROVMMNTS OF STREETS, ETC. That if at any time the City shall desire to change the grade of any street, or portion thereof, traversed by the lines of the grantee or to improve the same by shelling, macadamizing, re- shelling, remaeadamizing., paving or repaving or repairing, and shall provide for such improvement or :change of grade by ordinance, then the grantee herein shell pay the cost of such improvement, or such change of grade, between and underthe rails and tracks of its railroads and turnouts and for two feet on each side of the rails thereof; as well as the cost of changing its tracks to con- form thereto; and when the City is ready to proceed with the im- provements, repairs, or change of grade of such streets or portion thereof, the City, through its proper representatives, may enter Into a contract for the construction of such improvement., or the making of such ?pairs or change of grade, and charge to the gran- tee herein it proper' p ro-rata of the contract price of same for Ji may be increased by the City Council of the City of Beaumont at any time after October 27th3 1927, to an amount not to exceed two per cent of such annual gross receipts. It is expressly understood that the payments in this sectim provided for are by way of a bonus to the City of Beaumont, and not by way of occupation or franchise tax nor tax of any kind; and same shall in no manner. affect or. impair the City's right of taxa- tion against the grantee under present or future laws, nor.in any manner release or exempt said grantee from the payment of any taxes which may be legally imposed. SECTION VI CHANGE OF GRADE 1-NPROVERMTS OF STREMTS, ETC, That if at any time the City shall desire to change the grade of any street, or portion thereof, traversed by the lines,of the grantee or to improve the same by shelling, macadaraizing, re -- shelling, remaeadamizing.,, paving or repaving or repairing, and shall provide for such improvement or :change of grade by ordinance, then the grantee herein shall pay the cost of such improvement, or such change of grade, between and underthe rails and tracks of its railroads and turnouts and for two feet on each side of the rails thereof; as well as the cost of changing its tracks to con- form thereto; and when the City is ready to proceed with the im- provements, repairs, or change of grade of such streets or portion thereof, the City, through its proper representatives, may enter Into a contract for the construction of such improvement, or the making of such ,pairs or change of grades and charge to the gran- tee herein it proper pro -rata of the contract price of sane for the whole width of the street as shall be assessed by the City Council provided that the. City may proceed for the enforcement of the obligation of the grantee to make such improvement, repairs or change of grade, as provided in the general laws of the State of Texas by Act of May 10, 1909, or as provided in the Char- ter of the City of Beaumont; but in each case the obligation of the grantee to make and to pay for its pro rata of such improvement shall constitute a first lien as hereinafter provided; Provided that the grantee, shall not be required to widen any of its concrete track or pavement foundations noir laid until such time as the City shall legally provide for the re -paving or other- wise improving or repairing, as above, of the street or streets or portions of same whereon said concrete track foundations, are now located., unless the grantee should sooner rebuild its track founda- tions, in either of which events the provisions of this clause shall become effective as to all such portions of streets so improveda I Provided further, that whenever the grantee shall hereafter build, or the City shall build for the grantee and the grantee pay for any concrete foundations under the trackst the City Engineer., acting underdirection of the City Council shall be required to establish a permanent paving grade for such concreting and track construction, and the tracks shall be constructed to said grade uAder the supervision of the City Engineer,,or such other agent as the City Council may direct, and should the City determine to change the grade of any such concrete construction on grades hereafter so es- tablished within the period of ten years from the date of require- ment of such construction, it, the City, shall be required to bear a portion of the expense of reconstruction caused by such change of grade, that is to say, the proportion of reconstruction expense in such case to be paid by the City shall be as follows, toy -pito If the change of grade and construction is required within the first year after the original concrete construction is required-, all of the expense thereof, if within the second year after requir- ing the original concrete construction, ninety per cent of total cost of change, and ten per cent less for the lapse of each addi- tional year. but aft vrov.ided tgat the grantee, shall not be required to widen any of its concrete track or pavement foundations now laid until such time as the City shall legally provide for the re -paving or other- wise improving or repairing, as above, of the street or streets or portions of same whereon said concrete track foundations, are now located,. unless the grantee should sooner rebuild its track founda- tions, in either of which events the provisions of this clause shall become effective as to all such portions of streets so improved I Provided further, that whenever the grantee shall hereafter build, or the City shall build for the grantee and the grantee pay for any concrete foundations under the tracks! the City Engineer, acting underdirection of the City Council shall be required to establish a permanent paving grade for such concreting and track construction, and the tracks shall be constructed to said grade u*der the supervision of the City Engineer,�or such other agent 4!6 the City Council may direct, and should the City determine to change the grade of any such concrete construction on grades hereafter so es- tablished within the period of ten years from the date of require- ment of such construction, it, the City, shall be required to bear a portion of the expense of reconstruction caused by such change of grade, that is to say, the proportion of reconstruction expense; in such case to be ,paid by the City shall be as follows,- to -gait; If the change of grade and construction is required within the first year after the original concrete construction is required$ all of the expense thereof, if within the second year after requir- ing the original concrete construction, ninety per cent of total cost of change, and ten per cent less for the lapse of each addi- tional year, but after the lapse of ten years from the date of re- quirement of original concrete construction, the City shall bear none of the expense caused by such change of grade. SECTION VII, CONCRE'T'E FOU -MATIONS. That the grantee herein shall, as soon as practicable from and after the passage hereof, begin to place its tracks now on Pearl Street, on Calder Avenue from Gulf Street to City limits, and on Magnolia Avenue from long Avenue to Elm Street, on a good substan- tial concrete foundation, at least six inches in thickness and seven feet in width, under the ties or stringers, and shall have same fin- ished and completed within twelve months after acceptance of this or- dinance, and shall maintain such foundations, as well as all con- crete foundations underits other tracks, in good condition and repair; provided, the City shall permit the operation of the cars over the side of such streets during such construction, when practi- cable. That the grantee shall also, when required by the City Council, construct concrete foundations of the character above described under its tracks, on any street which the City of Beaumont shall macadamize, shell or paved SECTION VIII:, SPRINKLING CARS That the grantee shall procure and keep in good condition and repair a sufficient number of water sprinkling cars with which it shall, after the expiration of eighteen months after the accept- ance of this ordinance, sprinkle not to exceed twice in one day from curb to curbs 8000 lineal feet of such streets, over which its line extends as the City Council may designate and at such times as it may be so required to do by the City Council; provided, that for every additional street mile of track or portion thereof here- after constructed, the grantee shall sprinkle 720 feet additional provided further, that nothing in this section contained shall be torr strued as affecting any legal right which the City may have to com- pel the grantee to sprinkle a greater amount than above providedo SECTION IX: tial concrete foundation, at least six inches in thickness and seven feet in width, under the ties or stringers, and shall have same fin- ished and completed within twelve months after acceptance of this or- dinance, and shall maintain such foundations, as well as all con- crete foundations underits other tracks, in good condition and repair; provided, the City shall permit the operation of the cars over the side of such streets during such construction, when practi- cable, That the grantee shall also, when required by the City Council) construct concrete foundations of the character above described under its tracks, on any street which the City of Beaumont shall macadamize, shell or paved SECTION Vila, SPR1MMING CARS That the grantee shall procure and keep in good condition and repair a sufficient number of water sprinkling cars with which it shall, after the expiration of eighteen months after the accept- ance of this ordinance, sprinkle not to exceed twice in one day from curb to curb, 8000 lineal feet of such streets, over which its line extends as the City Council may designate and at such times as it may be so required to do by the City Council; provided, that for every additional street mile of track or portion thereof here- after constructed, the grantee shall sprinkle 720 feet additional provided further, that nothing in this section contained shall be con- strued as affecting any legal right which the City may have to com- pel the grantee to sprinkle a greater amount than above provided, SECTION IX: CARE OF STREETS, ETC.. That the grantee shall use this grant in such manner and maintain its lines of road and operate its cars so as not to injure the said streets nor to interfere with the use of the same by the public; and in doing construction or repair work on its tracks, the grantee shall perform same in such manner as shall not unnecessarily interfere with the use of 'the street by the public; and any injury to the streets in connection with its construction or repair work,the grantee shall repair at:its cost. The grantee shall at .all times keep that portion of .the street and its foundation between its rails, tracks, sidings and turnouts and for two feet on each side thereof in good condition and repair; shall keep the top of its rails on a level with'the street; 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 all .streets., and shall construct and maintain over its tracks and for two feet on each side thereof in good condition and repair a good and sufficient foot crossing on each side of the street, in such manner as it may be directed to ,do from time to time by the City Council of the City of Beaumont or other governing body of said City of Beaumont; and shall pay to the City of. -Beaumont one halt of the cost 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; pro- vided, that nothing in this section contained shall be construed as affecting any legal right which the City.may have to compel the grantee to pay a.largerportion of the costs.of construction and maintenance of culverts than that above provided. SECTIONX TEMORARY SUSPENSION, That forthe purpose, of making repairs or improvements, the City through it,s Mayor, may. at any time , require the suspension of the operation of cars over any portion of said streets until same may be safely.resumed without probability of injury to said improve— ments. grantee shall repair at:its cost. The grantee shall at all times keep that portion of .the st-re©t and its foundation between. its rails, tracks, sidings and turnouts and for two feet on each side thereof in good condition and repair; shall keep the top of its trails on a level with the street; a.nd..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 all streets., and shall construct and maintain over its tracks and for two feet on each side thereof in good condition and repair a good and sufficient foot crossing on each side of the street, in,such manner as it may be directed to ,do from time to 'time by the City Council of the City of Beaumont or other governirg body of said City of Beaumont; and shall pay to' the Citjr of: Beaumont one half of the cost 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; pro- vided, that nothing in this section contained shall be construed as affecting any legal right which the City.may have to compel the grantee to pay a.largerportion of the costs -of construction and maintenance of culverts than that above provided, SECTION X TMIPORARY SUSPENSION, That forthe purpose. of making, repairs or improvements, the City through it.s Mayor, may. at any time require the suspension of the operation of cars over any portion of said streets until same may be saf ely . resumed without probability of inj ury .to said improve- ments, mprovementa. SECTION XI' ' . E(ti►UIPMENT AND SCHEDULES* That the said street railway lines shall be constructed$ maintained, equipped and operated in first class style and condition ` -4f,oz, f 6 - �q - z?_ The grantee shall provide, keep and maintain a sufficient number of first class modern cars of not less than double truck, unless single truck cars are permitted by the City Council, for the comfortable transportation of passengers, and shall operate same on the follow- ing schedules, to -wit; On Calder -College line and the Sabine -Magnolia lines, the cars shall follow.each other at intervals of not more than ten min- utes apart; on the Park Street line, the cars shall follow each other at intervals of not more than fifteen minutes apart;• on the Royal Street line, the cars shall follow each other at intervals of not more than fifteen minutes apart; all oars to operate on said schedules from the intersection of Pearl and Bonham streets to the end of the several lines now constructed or of any extension of same hereafter built in pursuance of this franchise or any amendment thereto. The City Council or othergoverning body of the City of Beaumont shall have the power hereafter from time to time to fix the schedules upon all lines or any of same as it may deem proper, ProM vided that no schedule shall hereafter be reduced to less intervals between cars than those hereinbefore provided on any line to such extent that the average gross earnings -of all cars required on such lines to comply with the said reduced schedule, shall fall be- low a reasonably profitable rate per day per car. Provided further., that the City Council through its Mayor or by resolution, may re- quire of the Manager, President or other proper officer of the grantee to make an affidavit., whenever called upon to do soy which affidavit shall show the gross earnings of all cars on any line, and the number of cars operated thereon, and the City shall have the' power to detail an officer or otherwise to check and corroborate the said affidavit to its satisfaction for the purpose of determining the average gross earnings of cars and such officer shall have free access to all car records and free transportation on all ears for ing schedules, to -wit; On Calder -College line and the Sabine -Magnolia lines, the cars shall follow each other at intervals of not more than ten min- utes apart; on the Park Street line, the cars shall follow each other at intervals of not more than fifteen minutes apart;• on the Royal Street line, the cars shall follow each other at intervals of not more than fifteen minutes apart; all cess to operate on said schedules from the intersection of Pearl and Bonham streets to the end of the several lines now constructed or of any extension of same hereafter built in pursuance of this franchise or any amendment thereto. The City Council or othergoverning body of the City of Beaumont shall have the power hereafter from time to time to fix the schedules upon all lines or any of same as it may deem proper. Pro- vided that no schedule shall hereafter be reduced to less intervals between cars than those hereinbefore provided on any line to such extent that the average gross earnings�of all cars required on such lines to comply with the said reduced schedule, shall fall be- low a reasonably profitable rate per day per car. Provided further, that the City Council through its Mayor or by resolution, may re- quire of the Manager, President or other proper officer of the grantee to make an affidavit, whenever called upon to do soy which affidavit shall show the gross earnings of all cars on any line, and the number of cars operated thereon, and the City shall have the' power to detail an officer or otherwise to check and corroborate the r said affidavit to its satisfaction for the purpose of determining the average gross earnings of care and such officer shall have free access to all car records and free transportation on all cars for such purposes,, provided, the grantee can legally issue the same* Cars shall operate on above schedules from5;30 o'clock A. M. to 10 o'clock P. M. on all lines and between the hours of 10 o'clock P. M. and 12 o'clock midnight, the cars may be operated on a 20 - minute schedule on all lines, provided the City Council may by resolution require the said grantee to operate cars,,on any or all lines between the hours of 10 o'clock P. M. -and 12 o'clock midnight on the same schedule time hereinbefore required between the hours of 5.030 A. M. and 10 o'clock P: M. SECTION X210 FARES AND TRANSFERS. That the grantee may charge and is authorized to collect a fare of five cents for each single trip for each passenger, and shall provide convenient transfer certificates with close and con-- cenient connection of cars, at the Post Office corndrr and at other convenient points, and such transfers shall be provided from and to all of its connecting lines where a change of cars is necessary to make a continuous trip, but such transfer certificates shall be good only when presented by the same passenger on the first availa- ble car on the connecting line passing the connecting point; pro- vided that not more than one transfer shall be issued on a single cash fare, School children shall be carried on their way to and from school at two and one half cents for each single trip under conven- ient regulations of the City Council as to tickets, and such tickets to be good only between the hours of 7 A. M. and 5 P. M. Children under five years of age when accompanied by a person paying fare, shall be permitted to ride free. City police officers, and firemen in uniform shall be carried free of charge as long as such is not forbidden by law. SECTIOP XIII BOND1NG OF RAILS AND RETURNING CURRENT, :That in case the rails are joined by any other form than a cast welded or electrically welded joint, there shall be used some on the same schedule time hereinbefore required between Tine noura of 5230 A, Me and 10 ;o'clock P,: Me SECTION 3MI* FARES AND TRANSFERS. That the grantee may charge and is authorized to collect a fare of five cents for each single trip for each passengers and shall provide convenient transfer certificates with close and cony cenient connection of cars= at the Post Office corner and at other convenient points: and such transfers shall be provided from and to all of its connecting lines where a change of cars is necessary to make a continuous trip, but such transfer certificates shall be good only when presented by the same passenger on the first availa- ble car on the connecting line passing the connecting point; pro- vided that not more than one transfer shall be issued on a single cash fare. School children shall be carried on their way to and from school at two and one half cents for each single trip under conven- ient regulations of the City Council as to tickets, and such tickets to be good only between the hours of 7 A. M. and 5 P. ill. Children under five years of age when accompanied by a person paying fare, shall be permitted to ride free* City police officers, and firemen in uniform shall be carried free of charge as long as such is not forbidden by law. SECTION XIII .,BONDIVG OF RAILS AND RETURNING CURRENT, :That in case the rails are joined by any other form than a cast welded or electrically welded joint, there shall be used some good and approved system of bonding which will connect the ends of the rails in such manner that the conductivity of the joints shall be such as to render them capable of preventing in so far as prac- ticable 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 tracks shall be connected by suf- ficient cross bonds of copper wire spaced not more than one thousand feet apart, and properly secured to the rails in such manner as to secure proper conductivity.. The grantee shall use the most approved method of bonding and returning�.current to their plant so as to prevent damage from electrolysis as effectually as practicable/ .And the City Council of the City of Beaumont shall have the right to make or cause to be made at any time an electrical survey to determine whether or not the rails are bonded so as to prevent damage from electrolysis as effectually as practicable. SUCTION XIV REPAIRS, ETC. That the grantee shall make all repairs and do all con- struction work affecting the streets, under the supervision of the City Engineer, but the City Engineer shall have no authority.to waive any requirements imposed upon the grantees either by this franchise, or by resolution of the City Council pursuant to this franchise or any other law; and it is hereby made the duty of the said engineer of the City of Beaumont to supervise all construction and repair work on all street car lines of the grantee involving any interference whether temporary or permanent, with.the grades and levels of the streets of the City, and to require the grantee herein to promptly cause the streets to be restored to at least as good condition as they were in before such construction or repair work. That the grantee herein, shall :in construction 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 re- filling and packing thoroughly any and all excavations made by them$ Leer. aparti, and properly secured to the ra11s in such manner as to secure proper conductivity., The grantee shall use the most approved method of bonding and returning~.current to their plant so as to prevent damage from electrolysis as effectually as practicable/ And the City Council of the City of Beaumont shall have the right to make or cause to be made at any time an electrical survey to determine whether or not the rails are bonded so as to prevent damage from electrolysis as effectually as practicable. SECTION XIV REPAIRS, ETC. That the grantee shall make all repairs and do all con- struction work affecting the streets, under the supervision of the City Engineer, but the City Engineer shall have no authority.to waive any requirements imposed upon the grantee, either by this franchise, or by resolution of the City Council pursuant to this franchise or any other law; and it is hereby made the duty of the said engineer of the City of Beaumont to supervise all construction and repair work on all street car lines of the grantee involving any interference whether temporary or permanent, with -the grades and levels of the streets of the City, and to require the grantee herein to promptly cause the streets to be restored to at least as good condition as they were in before such construction or repair work. That the grantee herein, shall,in construction 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 re- filling and packing thoroughly any and all excavations made by them# and doing and performing whatever may be necessary in order to make such restoration, and failing to do so within ten days after no- tice is given by the Mayor or City Council, the Mayor or City Council may order the work done, and the grantee shall be liable for. the cost of said work and such cost shall be a first lien upon,the railway, equipment, property and franchise of said grantee. SECTION XV RAILS That the City Council of the City of Beaumont reserves the right at any time to require a change of the rails in any track or tracks of the grantee where this may be reasonably necessary to pre- vent the impairment of the street for the use of vehicles or pedes- trians; and whenever any new tracks are to be laid, or any of the present tracks are to be relaid, or any street over which the grantee's tracks extend is to be paved or repaved, the City Council of the City of Beaumont shall have the right to order and require the grantee to construct or reconstruct said tracks or rails of such characters size and dimensions as said City Council may prescribe, SECTION XVI ABANDOMMT. That the grantee shall not abandon any part of the afore- said lines without the consent of the City Council expressed in the form of an Ordinance authorizing such abandonment; and the said grantee shall be required to operate all lines now built or here- after 'to be built by it or its successors or assigns as one system of street railway. SECTION XVII USE OF TRACKS BY OTHER COMPANIES• That in case any other person, firm or corporation shall hold or obtain a franchise from the City of Beaumont for the con- struction and operation of a street car line over the streets of the City of Beaumont, the City reserves the right to permit such persona, firm or corporation to operate its cars over any track of the grantee for a distance not to exceed eleven hundred feet at any one That the City Council of the City of Beaumont reserves the right at any time to require a change of the rails in any track or tracks of the grantee where this may be reasonably necessary to pre- vent the impairment of the street for the use of vehicles or pedes- trians; and whenever any new tracks are to be laid, or any of the present tracks are to be relaid, or any street over which the granteets tracks extend is to be paved or repaved, the City Council of the City of Beaumont shall have the right to order and require the grantee to construct or reconstruct said tracks or rails of such characters size and dimensions as said City Council may prescribe, SECTION XVI ABANDONMENT. That the grantee shall not abandon any part of the afore- said lines without the consent of the City Council expressed in the form of an Ordinance authorizing such abandonment; and the said grantee shall be required to operate all -lines now built or here- after to be built by it or its successors or assigns as one system of street railway, SECTION XVII USE OF TRACKS BY OTHER COIPANIES. That in case any other person, firm or corporation shall hold or obtain a franchise from the City of Beaumont for the con- struction and operation of a street car line over the streets of the City of Beaumont, the City reserves the right to permit such persona firm or corporation to operate its cars over any track of the grantee for a distance not to exceed eleven hundred feet at any one stretch, when same is reasonably necessary in the public interest and for the public convenience, in the opinion of the City Council. And incase of any interurban railway running into the City of Beaumont, the City of Beaumstht reserves the right to permit or require such interurban railway to operate its passenger cars over so much of the track of the grantee as the City Council may deem reasonably necessary in the public interest and for the public convenience to enable such interurban railway to reach the main business streets and a convenient terminus in the City. The permits above provided for shall be granted only after the grantee shall have been accorded a reasonable opportunity to be heard with regard to the question of the reasonable necessity for such permit, and subject to reasonable terms and conditions as to the compensation and division of the costs of maintenance and regulations of the time and manner of operation of cars; and said , I permits shall in no case take effect until said terms and conditions shall have been.determined, as follows, to -wit: When such permit is granted, the City Council shall name a time within which the parties may agree upon said terms and condi tions. If within the time so named the parties cannot agree:, the matter shall be submitted to three arbitrators, one to be chosen by each of the parties, and the third by these two. An award of any I two thereof shall be final and binding upon both parties. If no such award is made within ninety days after appointment of the arbitrators, the City Council may by resolution prescribe the terms and conditions, and same shall be final -and binding on both parties. And in case any neer line of street railway or any inter -- urban railway shall be constructed in the City limits of the said City of Beaumont by any other company than said grantee, the City reserves the power to require the grantee hereof and such other company or companies to provide interchangeable transfers which shall be mutually accepted; provided that'no such requirement will ever be made by the City Council unless at the same time reasonable pro- Lr 111111 16+11f. V11VV U 11116 VJ.V pKVii +111/ * K' Vuaa I vy r ____ business streets and a convenient terminus in the City, The permits above provided for shall be granted only after the grantee shall have been accorded a reasonable opportunity to be heard with regard to the question of the reasonable necessity for such permit, and subject to reasonable terms and conditions as to the compensation and division of the costs of maintenance and regulations of the time and manner of operation of cars; and said permits shall in no case take effect until said terms and conditions shall have been. determined, as follows, to -wit: Then such permit is granted, the City Council shall name a, time within which the parties may agree upon said terms and condi- tions. If within the time so named the parties cannot agrees the matter shall be submitted to three arbitrators, one to be chosen by each of the parties, and the third by these two. An award of any two thereof shall be final and binding upon both parties. If no such award is made within ninety days after appointment of the arbitrators, the City Council may by resolution prescribe the terms and conditions, and same shall be final.and binding on both parties, And in case any neer line of street railway or any inter- urban railway shall be constructed in the City limits of the said City of Beaumont by any other company than said grantee, the City reserves the power to require the grantee hereof and such other company or companies to provide interchangeable transfers which shall be mutually accepted; provided that'no such requirement will ever be made by the City Council unless at the sauce time reasonable pro- visions shall be made by the City Council governing 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. XV'II9 GAUGE AND LOCATION OF TRACKS That the grantee shall maintain standard gauge lines such as are now in use, and in all future construction, unless otherwise - provided by ordinance, shall keep its tracks midway of the streets and when a double track is permitted shall lair its double tracks or 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 double tracks on such portions of the streets covered by this franchise as it shall hereafteg ,obtain special permission for from the City Council* SECTION XIX RECOVERY OF MENDITURE BY CITY. That in any case.whe-re it is herein provided that the grantee shall perform any act and it shall fail to do so upon rea- sonable notice from the Mayor of the City of Beaumont, of a require- ment by the City Council that it should do such act, the City shall have the right in addition to all other rights and remedies herein provided to' do .tet or order same to be done by, and at the cost of the City, and the cost thereof, with six per cent interest per annum shall be paid to the City by the grantee herein, on demand by the City for the payment thereof; and in the event of failure to make payment thereof to the City within thirty days after demand., said indebtedness shall thereafter bear interest until paid at the rate of ten per cent per annum instead of six per cent, and the City shall be entitled after demand to at once sue for and recover judgment against said grantee, for the full amount of sa.id indebted- ness, and interest, and in addition thereto, a penalty amounting to ten per cent of such principal and interest, and all costs of said shit. SECTION XX LIEN OF CITY* and when a double track is permitted shall lay its double tracks or 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 double tracks on such portions of the streets covered by this franchise as it shall hereafter obtain special permission for from the City Council* SECTION XIX RECOVERY OF +IrENDITURE BY CITY. That in any case where it is herein provided that the grantee shall perform any act and it shall fail to do so upon rea- sonable notice from the Mayor of the City of Beaumont, of a require- ment by the City Council that it should do such act, the City shall have the right in addition to all other rights and remedies herein provided to do mul or order same to be done by, and at the cost of the City, and the cost thereof, with six per cent interest per annum shall be paid to the City by the grantee herein, on demand by the City for the payment thereof; and in the event of failure to make payment thereof to the City within thirty days after demand, said indebtedness shall thereafter bear interest until paid at the rate of ten per cent per annum instead of six per cent, and the City shall be entitled after demand to at once sue for and recover judgment against said grantee, for the full amount of said indebted- ness, and interest, and in addition thereto, a penalty amounting to ten per cent of such principal and interest, and all costs of said suit. SECTION XX LIEN OF CITY. That in every case where any sum of money) whether by way of debt, fine, forfeit, penalty or otherwise, shall become paya- ble from the grantee to the City of Beaumont under any provision of this ordinance the same shall be a lien upon all the poles, wires,, rails, tracks, cars, franchises and other property of the grantee in the City of Beaumont, and as to all of said property the lien of the City shall have preference and priority over all mortgages and other liens, except liens for State, County and municipal taxes; and all persons claiming any right or interest in said properties un- der the grantee, whether under contract executed before or after the accrual of such claim in favor of the City, must take notice hereof and postpone their claims to the said claims of the City. SECTION XXi ANITUAI, REPORTS o I That for the purpose of enabling the City to determine from time to time the schedules to be maintained and for enabling the City to frame reasonable ordinances relative to the said grantee and to determine the amount of compensation to be paid under Section 5 hereofg the grantee shall make to the City Council annual reports showing its gross receipts.f rom all sources; the amount of its Stock and bonds outstanding and the actual sums received by it for them; the interest due upon its bonds; all other inde'btedness of the grantee; the number and classes of its employees and salar- ies paid to each class; all other expenses incurred by it in suffi- cient detail to render them conveniently intelligible. Should the City Council desire additional information for the purpose of this section, it may have the books of the grantee audited or cause them to be produced before it for inspection at any meeting; may call the employees of the grantee or call any person before it to give evi- dence upon the matters and things then underinquiry, and compel their attendance, as provided in Section 97 of the City Charter; and the grantee shall keep all of its books at its office in the City of Beaumont, so that same may be accessible at all times, SECTION MIS SUCCESSORS AND ASSIGNS: all persons claiming any right or interest in said properties un- der the grantee, whether under contract executed before or after the accrual of such claim in favor of the City, must take notice hereof and postpone their claims to the said claims of the City, SEC T10N XXi AMTAAt REPORTS o® f That for the purpose of enabling the City to determine from time to time the schedules to be maintained and for enabling the City to frame reasonable ordinances relative to the said grantee and to determine the amount of compensation to be paid under Section 5 hereof, the grantee shall make to the City Council annual reports shoring its gross receipts.f rom all sources; the amount of its Stock and bonds outstanding and the actual sums received by it for them; the interest due upon its bonds; all other inde'btedness of the grantee; the number and classes of its employees and salar— ies paid to each class; all other expenses incurred by it in suffi— cient detail to render them conveniently intelligible. Should the City Council desire additional information for the purpose of this section, it may have the books of the grantee audited or cause them to be produced before it for inspection at any meeting; may call the employees of the grantee or call any person before it to give evi- dence upon the matters and things then underinquiry, and compel their attendance, as provided in Section 97 of the City Charter; and the grantee shall keep all of its books at its office in the City of Beaumont, so that same nmy be accessible at all times. SECTION XXII. SUCCESSORS .AND ASSIGNS: That every duty, obligation and restriction herein imposed upon the grantee, Beaumont Traction Company, shall be deemed to have been assumed by and apply to and be binding upon any person,,, firm or corporation succeeding to the Beaumont Traction Company in the operation of said railway lines; and all rights, claims, liens, remedies, penalties, fines and forfeitures herein provided in favor of the City of Beaumont against the Beaumont Traction Compagy,shall also exist in favor of said City against any successor, receiver or assign of said Beaumont Traction company. SECTION M, IT EXTENSION OF LINES That the grantee shall extend its existing lines or build additional lines of street railway along the streets leading into any territory within.the City limits, when required so to do by res- olution of two-thirds of the City Council; provided such extensions shall not be required by the City Council unless after due notice to the grantee and a hearing upon the matter, it shall appear to the Council that such extension 'will yield an additional gross annual revenue sufficient to pay the additional operating expense to the grantee entailed by reason of such extension of its lines, together with interest at the rate of seven per cent on the cost of said construction and the extra equipment required to operate such exten- sions. The cost of such operation shall be determinedly compari- son with the average cost per car mile of all cess operated by the grantee for twelve months preceding the hearing. Provided, that no such extensions shall be required for three years after the acceptance of this ordinance, and that in no event shall such extensions be thereafter required to an extent in excess of an average of one track mile in every three years. Pro- vided, that any extensions voluntarily made by the grantee shall not limit or affect the City's rights'to require extensions as'herein provided. And provided further, that in the event of a. disagreement between the City Council and the grantee as to, whether the proposed extension will yield the additional gross annual revenue hereinbe assign of said Beaumont Traction Company, :_ SECTION MIT EXTENSION OF LINES That the grantee shall extend its existing lines or build additional lines of street railway along the streets leading into any territory within.the City limits, when required so to do by res- olution of two-thirds of the City Council; -provided such extensions shall not be required by the City Council unless after due notice to the grantee and a hearing upon the matter, it shall_ appear to the Council that such extension will yield an additional gross annual revenue sufficient to pay the additional operating expense to the grantee entailed by reason of such extension of its lines, together with interest at the rate of seven per cent on the cost of said construction and the extra equipment required to operate such exten- sions. The 'cost of such operation shall be determined by compari- son with the average cost per car mile of all cars operated by the grantee for twelve months preceding the hearing. Provided, that no such extensions shall be required for three years after the acceptance of this ordinance, and that in no event shall such extensions be thereafter required to an extent in excess of an average of one track mile in every three years. P ro- vided, that any extensions voluntarily made by the grantee shall not limit or affect the City's rights to require extensions as herein provided. And provided further, that in the event of a disagreement between the City Council and the grantee as to.whether the proposed extension will yield the additional gross annual revenue hereinbe- fore required the matter shall be referred for decision to three competent persons as arbitrators, one to be selected by the Mayor of the City of Beaumont, and one by the grantee and the third by these two; the decision of any two of the said arbitrators to be final and binding upon both parties; -and the reasonable compensation for such third arbitrator as may bechosen to be equally divided between the grantee and the said City of Beaumont. i SECTION ?0CIV TERMINATIONS AND FORFEITURES That this franchise shall stand terminated at the end of the term limited by section I of this Ordinance unless it shall be terminated sooner by default of said grantee, its*successors or assigns, as provided in other sections of this Ordinance, or by de- fault of said grantee, its successors or assigns under the provis- ions of this section as ascertained by a judgment of a court of competent jurisdiction in a suit to which said City of Beaumont and said grantee, its successors or assigns, are parties and in which the forfeiture of this franchise is sought. This franchise and all amendments thereto under Which the grantee, its successors or assigns, may hereafter be operating its lines of railway in the City of Beaumont may be forfeited and so adjudged by decree in a proper proceeding in a court of competent jurisdiction, for the following causes, in addition to all other causes in this Ordinance provided, to -wit: FIRST. Persistent or repeated failure on the part of the grantee, or its agents, amounting to wilfulness or negligence, to maintain any schedule or schedules as provided in this ordinance or which the City Council may hereafter establish pursuant to the pro- visions of Section II of this ordinances provided, however, a temp- orary failure to maintain.schedules on account of new construction or reconstruction work on its tracks or foundations thereof, or on account of paving work being done by the City, or on account of strikes reasonably unavoidable failure of power, accidents or other causes beyond the control of said grantee shall not be a cause for. forfeiture of this .Franchise. SECOND. Any fraud or intentional deception or concealment practiced by the grantee or its agents in making up and presenting to the City its reports provided for in Section XXI of this ordinance the term limited by section I of this Ordinance unless it shall be terminated sooner by default of said grantee, its successors or assigns, as provided in other sections of this Ordinance„ or by do - fault of said grantee, its successors or assigns under the provis- ions of this section as ascertained by a judgment of a court of competent jurisdiction in a suit to which said City of Beaumont and said grantee, its successors or assigns, are parties and in which the forfeiture of this franchise is sought. This franchise and all amendments thereto under which the grantee, its successors or assigns, may hereafter be operating its lines of railway in the City of Beaumont may be forfeited and so adjudged by decree in a proper proceeding in a court of competent jurisdiction, for the following causes, in addition to all other causes in this Ordinance provided, to -wit; FIRST. Persistent or repeated failure on the part of the grantee, or its agents, amounting to wilfulness or negligence, to maintain any schedule or schedules as provided in this ordinance or which the City Council may hereafter establish pursuant to the pro- visions of Section II of this ordinance; provided, however, a temp- orary emporary failure to maintain schedules on account of new construction or reconstruction work on its tracks or foundations thereof, or on account of paving work being done by the City, or on account of strikes reasonably unavoidable failure of power, accidents or other causes beyond the control of said grantee shall not be a cause for. forfeiture of this,franchise. SECOND. Any fraud or intentional deception or concealment practiced by the grantee or its agents in making up and presenting to the City its reports provided for in Section XXI of this ordinance shall be a gvound for forfeiture of this franchise and all amendments thereof. THIRD, The grantee herein, Beaumont Traction Company, shall observe faithfully all the obligations herein assumed by it in ac- cepting this franchise; and persistent or continued violation by it amounting to willfulness or negligence of any of the provisions of this ordinance after reasonable notice to remedy or desist therefrom shall be a ground for forfeiture of this franchise, and all amendments thereof, and all rights and privileges of the grantee thereunder, regardless of any other remedy provided herein or author- ized in law or equity. The forfeiture of this franchise from any cause, after its acceptance, as provided in this franchise shall not in any manner,, revive, renew or restore any of the former franchises, permits, rights., or privileges of the grantee, which, upon acceptance of this franchise are repealed and cancelled by the provisions of Section One of this Ordinance. SECTION XXV PENALTIES FOR FAILURE OF SCMMU1MS. That in the event the grantee, its officer, or agents shall wilfully or negligently fail to maintain any schedule or schedules as in this ordinance provided, or Which the City Council may hereafter legally establish pursuant to the provisions of Section XI of this ordinance, (temporary delays on account of new con- struction, or reconstruction work on its tracks or foundations there- of, or on account of paving work being done by the City, or on ac- count of strikes or reasonably unavoidable failure of power, accident3 or other causes beyond the control of said grantee being excepted), said grantee shall forfeit and pay to the City of Beaumont a sum not less than $10.00 nor more than $50.00 for each offense; and each day upon which such wilful or negligent default or failure shall occur shall be deemed a separate offense; and the City of Beaumont shall have a first lien of the character, extent andpriority de- fined in Section XX of this Ordinance, upon the property of said grantee for the payment of all such penalties and forfeitures and such penalties and _forfeitures may be recovered by the City of thereunder, regardless of any other remedy provided herein or author- ized in law or equity, The forfeiture of this franchise from any cause, after its acceptance, as provided in this franchise shall not in any manner,. revive, renew or restore any of the former franchises, permits, rights., or privileges of, the grantee, which, upon acceptance of this franchise are repealed and cancelled by the provisions of Section One of this Ordinance. SECTION XXV PENALTIES FOR FAILURE OF SCI UL S. That in the event the grantee, its officer, or agents shall wilfully or negligently fail to maintain any schedule or schedules as in this ordinance provided, or which the City Council may hereafter legally establish pursuant to the provisions of Section XI of this ordinance, (temporary delays on account of new con- struction, or reconstruction work on its tracks or foundations there- of, or on account of paving work being done by the City, or on ac- count of strikes or reasonably unavoidable failure of power, accidents or other causes beyond the control of said grantee being excepted., said grantee shall forfeit and pay to the city of Beaumont a sum not less than $10.00 nor more than $50.00 for each offense; and each day upon ;which such wilful or negligent default or failure shall occur shall be deemed a separate offense; and the City of Beaumont shall have a first lien of the character, extent andpriority de- fined in Section XX of this Ordinaneey upon the property of said grantee for the payment of all such penalties and forfeitures and such penalties and forfeitures may be recovered by the City of Beaumont in any court of competent jurisdiction. Unless the City Council or Mayor has previously notified in writing the grantee or its Manager in Beaumont of the City's intention to invoke the remedy herein provided, the City shall be limited in the recovery of pen- alties to themextent of ten days prior to filing the suit and such 7 - penalties as accrue after filing of such suit. Nothing herein pro— vided shall deprive the City of the right of forfeiture under the provisions for forfeiture in this franchise. SECTION XXVI PENALTIES FOR OTHER FAIT URES: That in the event the grantee, its officers or agents af- ter written notice or warning from the City Council or the Mayor of the City of Beaumont to said grantee, shall wilfully or negligently fail to perform any duty imposed upon the grantee by the provisions of this ordinance, said grantee shall forfeit and pay to the City of Beaumont a sum not less than $10.00 nor more than $50.00 for each offense; and each day upon which such wilful or negligent default or failure shall occur, shall be deemed a separate offense; and the City of Beaumont shall have a first lien upon the property of said grantee for the payment of all such penalties and forfeitures, of the character, extent and priority defined in Section 20 of this Ordinance and such penalties and forfeitures may be recovered by the City of Beaumont in any court of competent jurisdiction without depriving the City of its right of forfeiture under the provisions for forfeiture in this franchises SECTION XXVII POLES , WIRES , ETC. That the grantee is hereby authorized to erect and maintain a system of overhead wires above its street railway in the City of Beaumont for the purpose of conducting electric current and to use the rails for return circuit, or it may use overhead wires for the return circuit; it is authorized to operate electric generators to generate the current id. th which to propel the cars upon said street railway; it is authorized to erect poles to place the wires upon said poles to be placed on the outside edge of the sidawalk within the curb lines, and said poles to be not less than 100 feet apart; SECTION X)WI PENALTIES FOR OTHER FAILURES.:. That in the event the grantee, its officers or agents af- ter written notice or warning from the City Council or the Mayor of the City of Beaumont to said grantee, shall wilfully or negligently fail to perform any duty imposed upon the grantee by the provisions of this ordinance, said grantee shall forfeit and pay to the City of Beaumont a sum not less than $10.00 nor more than $50.00 for es;ch offense; and each day upon which -such wilful or negligent default or failure shall occur, shell be deemed a separate offense; and the City of Beaumont shall have a first lien upon the property of said grantee for the payment of all such penalties and forfeitures, of the character, extent and priority defined in Section 20 of this Ordinance and such penalties and forfeitures may be recovered by the City of Beaumont in any court of competent jurisdiction without depriving the City of its right of forfeiture under the provisions for forfeiture in this franchise• SECTION XXVII POLES, WI RES , ETC That the grantee is hereby authorized to erect and maintain a system of overhead wires above its street railway in the City of Beaumont for the purpose of conducting electric current and to use the rails for return circuit, or it may use overhead wires for the return circuit; it is authorized to operate electric generators to generate the current vdith which to propel the cars upon said street railway; it is authorized to erect poles to place the wires upon said poles to be placed on the outside edge of the sidewalk within the curb lines, and said poles to be not less than 100 feet apart; and to be straight, shapely, of uniform size and thoroughly painted of such color as the City Council may direct; all poles, overhead wires and fixtures to be first class in every respect, fitted with proper safe -guards and to be at all times kept in good repair, and replaced and renewed when needed. Provided, that the location of all poles hereafter erected shall be placed under the supervision of the City Engineer. That the rights and privileges granted by this section shall apply on such portions of the streets of the City of Beaumont as said grantee does now or shall hereafter be authorized to operate Its street railway upon; and said grantee is authorized to construct and maintain feed wires upon its poles along its lines of street railways now or hereafter operated by it; and may also maintain and operate such additional feed and return current wires as are now in use. But no feed -or return current wires in addition to those now in use shall be erected without permission of the City Council of the City of Beaumont; and all such feed wires shall be thoroughly insulated and shall be constructed and maintained in good order and condition. That when new lines-, or extensions of present lines are to be constructed, or renewals are to be made on any lines, the City Council shall be authorized and empowered to prescribe therefor the size, character, quality and height of poles, overhead wires, fix- tures, and safeguards to be used by said grantee, SECTION XXVIII VESTIBULES That each end of every car operated by the grantee she' be provided with a screen or vestibule which shall fully protec'' the persons operating said car from wind and Breather on all cad onerPted between Novemberlst of each year and April lst of th, next year. SECTION XXIX SEPARATION of RAGS That the grantee shall at all times make provision for the .separation of white and negro passengers upon its cars in such man-- shall apply on such portions of the streets of the City of Beaumont as said grantee does now or shall hereafter be authorized to operate its street railway upon; and said grantee is authorized to construct and maintain feed wires upon its poles along its lines of street railways now or heteafter operated by it; and may also maintain and operate such additional feed and return current wires as are now in use, But no feed -or return current wires in addition to those now in use shall be erected without permission of the City Council of the City of Beaumont; and all such feed wires shall be thoroughly insulated and shall be constructed and maintained in good order and condition. That when new lines, or extensions of present lines are to be constructed, or renewals are to be made on any lines, the City / Council shall be authorized and empowered to prescribe therefor the size, character, quality and height of poles, overhead wires, fix- r tures, and safeguards to be used by said grantee„ SECTION =III VESTIBULES That each end of every car operated by the grantee she be provided with a screen or vestibule which shall fully protec{ the ..persons operating said car from wind and weather on all cab operated between Novemberlst of each year and April 1st of th, next year. SECTION XXIX SEPARATION OF RACES That the grantee shall at all times make provision for the .separation of white and negro passengers upon its cars in such man- ner as may be prescribed by the City Council of the City of Beaumont, or by the laws of the State of Texas, SECTION XXX REGULATIONS That the City Council of the City of Beaumont shall have authority.to enact ordinances regulating the speed of the cars; re- quiring the use of fenderssnd other reasonable safe --guards on cars; and to make other reasonable regulations and requirements governing bhe operation of cars for the convenience and safety of passengers and the public. That the grantee, its successors and assigns, shall -own, maintain and operate its street railway in the City of Beaumont un- der the rights and privileges granted by this ordinance, subject to the provisions of the Charterof the City of Beauriont, all ordinances passed pursuant to the provisions of this ordinance and all other. legal ordinances which may be enacted by the City Council of the City of Beaumont, in the exercise of its legal police powers or pursuant to its charter* Provided, that as regards the power of the City Council to require the 11lumination by the grantee of the streets over which its tracks run,, th6 measure of the right of the City Council shall be the measure stipulated in Section XXXV of this ordinance. SECTIOV XXXI DISMISSAL _ OFRECEIVERSHIP That in the event the receivership suit now pending in the United States Circuit Court for the Eastern District of Texas at Beaumont, being Cause #157 in equity, entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, shall not be disposed of and the receiver discharged, and the properties of the grantee �r -e delivered to it within twenty one (21) months after the acceptance of this franchise, then and in that event this ordinance and fran- chise shall thereupon stand cancelled, revoked and repealed without need of jL.dicial ascertainment, and all previous franchises, rights j and privileges held by said gratee by virtue of the ordinance and permits hereinbefore mentioned, and which are repealed by Section One and to make other reasonable regulations and requirements governing the operation of cars for the convenience and safety of passengers and the public, That the grantee, its successors and assigns, shall own, maintain and operate its street railway in the City of Beaumont un- der the rights and privileges granted by this ordinance, subject to the provisions of the Charterof the City of Beaumont, all ordinances passed pursuant to the provisions of this ordinance and all other legal ordinances which may be enacted by the City Council of the City of Beaumont, in the exercise of its legal police powers or pursuant to its charter, Provided, that as regards the power of the City Council to require the illumination by the grantee of the streets over which its tracks run, th8 measure of the right of the City Council shall be the measures stipulated in Section. XXXV of this ordinance, SECTION XXXI DISMISSAL OF RECEIVERSHIP That in the event the receivership suit now pending in the United States Circuit Court for the Eastern District of Texas at Beaumont, being Cause #1.57 in equity, entitled Interstate Trust & Banking Company vs. Beaumont Traction Company, shall not be disposed / of and the receiver discharged, and the properties of the grantee Y 4-e delivered to it within twenty one (21) months after the acceptance of this franchise, then and in that event this ordinance and fran- chise shall thereupon stand cancelled, revoked and repealed without need of judicial ascertainment, and all previous franchises, rights and privileges held by said gratee by virtue of the ordinance and permits hereinbefore mentioned, and which are repealed by Section One hereof shall not be thereby revived, but shall remain cancelled, re- voked and repealed, SECTION XXXII INDMCN IFYING CITY. That the grantee, shall hold the City harmless from any damages or injuries to property or persons that may be occasioned by., or in connection with the construction or operation of said electric street railway system, or in. connection with the improvement or repair of said system or of any streets by the grantee, SECTION XXXIII ACCEPTANCE This ordinance shall become eff'ective upon acceptance thirty (30) days after passage hereof, which acceptance shall be made by fulfillment of the following terms and conditions, and be filed not later than January 13th, 19114 FIRST: The filing with the City Secretary of the City of Beaumont of a writing signed and sealed in the name and on'behalf of the grantee, :by its President and Secretary, formally accepting the rights, privileges and franchises conferred by this ordinance, and accepting and agreeing to be bound by all said terms and condi tions thereof, such writing to be accompanied by a certified copy of resolutions duly adopted by the stockholders and the Board of Directors of the grantee authorizing the execution of such writing. SECOND: The filing with the City Secretary of the City of Beaumont of an instrument in writing duly executed and acknowledged by the Trustee of the bondholders of said grantee, and also executed by the holders of all bonds of said grantee, agreeing to the accept- ance of this ordinance by said grantee and ratifying the same; pro- vided, if the holders of at least two-thirds of the bonds give such consent, the City Council ma.y accept in lieu of the consent of any remaining bondholders a good ad sufficient bond by the grantee CD in not less than the amount of such remaining bonds guaranteeing the City against any claim by the holders of such remaining bonds agdinst the binding force of this franchise upon them, such bond to be subject to approval by the City Council, o 1.1"CC 4 I-a.L.Lviuy 5y6-L'um, U1 1.11 UU1111C(S U.LU11 Y!l fill U11C L1a1111 U V repair of said system or of any streets by the grantee, SECTION XXXIII ACCEPTANCE This ordinance shall become effective upon acceptance thirty (30) days after passage hereof, which acceptance shall be made by fulfillment of the following terms and conditions, and be 4 „ filed not later than January 13th, 19110 FIRST; The filing with the City Secretary of the City of Beaumont of a writing signed and sealed in the name and on `behalf of the grantee, .by its President and Secretary, formally accepting the rights, privileges and franchises conferred by this ordinance, and accepting and agreeing to be bound by all said terms and condi t1ons thereof, such writing to be accompanied by a certified copy of resolutions duly adopted by the stockholders and the Board of Directors of the grantee authorizing the execution of such writing. SECONDS The filing with the City Secretary of the City of Beaumont of an instrument in writing duly executed and acknowledged by the Trustee of the bondholders of said grantee, and also executed by the holders of all bonds of said grantee, agreeing to the accept- ance of this ordinance by said grantee and ratifying the same; pro vided, if the holders of at least tiro -thirds of the bonds give such consent, the City Council may accept in lieu of the consent of any remaining bondholders a good ad sufficient bond by the grantee in not less than the amount of such remaining bonds guaranteeing the City against any claim by the holders of such remaining bonds against the binding force of this franchise upon them, such bond to be subject to approval by the City Council, THIRD: The filing with the City Secretary of the City of Beaumont of an instrument in writing, signed by the Receiverof the Beaumont Traction Company, ratifying the Traction Companyts accept- ance of this franchise, said instrument to be first authorized by an order of the United States Circuit Court for the Eastern District of Texas, a. certified copy of which shall accompany said instrument of ratification, and be approved by the Mayor and City Attorney before being received and filed by the City Secretary." FOURTH: The furnishing to the City Council of the City of Beaumont of satisfactory assurance as provided in Section XXXIV of this ordinance, FIFTH; Upon the payment to the City of Beaumont of the in- debtedness of the grantee to the City of Beauriont in the sum of $4039.97 covering the City's claim for paving on Magnolia and Liber- ty iberty Avenues, and for paving the in e4section of Park and Bowie Streets; and the sum of $500.00 additional to cover fee of City to its special attorney for services in connection with this ordinance If the foregoing provisions of this section shall not be complied with on or before January 13th, 1911, then this ordinance shall at once become void and of no force or effect, and stand re- pealed without further action by the City Council, unless the time for compliance with the provisions of this section shall be extended by the City Council of the City of Beaumont for reasons deemed suf- ficient by it. If this ordinance shall be accepted and become effective in the manner provided in this section, then the suits of the City of Beaumont against the.grantee,in the State Court, now pend-wng, and hereinbefor,.e referred to, shall at once be dismissed by the City of Beaumont at the cost of said Grantee, SECTION )=3:V FIRST CLASS IN TWELVE MONTHS That the grantee shall equip and put its entire street railway system in the City of Beaumont in first class order and con - clition, including its tracks, bonding of rails, overhead work, cars, power plant, repair of its portion of streets as required herein, and r6ncrete foundations undertra,cks on streets specified in section 7 ;� _._ C — _ � � � .� - - � J f�.� _RIO ♦�T�' / .! �"/7r'•A.a T�9 3V0. �': 6 a .4k�L ��C lde-'!^o,` x7' Z)Onftri W, tg j { ji'i' '�i61� 'ryTa:] •, r� ra r., w+4d lt, l i k •.. ..rr• I. ! 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'��,��..%;, p cit .. 2`k� :�.�.arE..-•L said T�i'� �i.�'j;(.ii.Lty as of id d(' e'd f tz'wl ; ?r1, 1 "'o-.lt- g`-Pr-, Ei't ui- ?w t2 .3. sa:L •� 7�>f:t.[ dis 'i wrl �l :t it �. ar � . O': y 1 l t Q, o •-f.« SAP. ,i� 5 � 1. .'���� !` ib� r� �i 7yG �ti� .IJ• L1QS vii v'rl. ?"iolde s tI:'Jer('o T 't o file, f n t!� T.s�r.r� it��.vla � r� :�e�' �f�i.. d �, f ;ham J hr adi �..:..� ,�.,,.,wi�.�. CSG. `��srz ;F{ U al � racoon elit'L l'ed ;-1Z1l "Interstate vo, 1?E3,nizlwn + !"R t; M-1 CWILXI.M. g 110- 1�7 U.. ,4Equity.1�L _ <l 3i l.e•Ss d �:,�f7� 1.h.'•n'J '1 ("iO- t fon, ill 'a •t.z_i,.o t.r`ic t 0- T � �a t., i7eIch 111 :.?rr6 3.47<�'K L a a {? r c e i n the _"ieaui-,qcn a`?'"r,;, ^ `�� 3'i ! omj)<,,1i'nlr to .the i-c-nd i.ion by t r, cCi6?r•?. its entire system in first class order and condition as aforesaia within said period of twelve months; and upon a failure by the grantee to furnish such satisfactory assurance by the time allowed, said grantee to signify its acceptance of this franchise as herein before provided, or a failure by the gratee to fully comply with its obligation to equip and put its entire system of street railway In first class order and condition as above provided within twelve months after the acceptance of this franchise, (delays due to strikes bad weather, or other causes beyond the control of the said grantee,, excepted), unless the City Council of the City of Beaumont extends the time thereof, this ordinance and all rights, privileges and franchises hereunder, shall at once stand cancelled and forfeited and revoked. SECTION XXXV LIGHTS: The grantee shall illuminate the streets over which its lines extend at such points and places thereon as shall be designat- ed by the City Council, whenever the City Council shall by resolu- tion require said illumination„ The lights therefor shall not be less candle power than the are lights in use by the City for general street lights and shall be of such character, kind and size as may be designated from time to time by resolution of the City Council. :provided, that the grantee herein shall not be required to Furnish more lights than they have street miles of track in the City. And provided further, that a majority portion of a street mile of track shall be considered a mile for this purpose. SECTION X)MVI MOVING OF TRACKS: The grantee, shall, whenever required to do so by the City Council of the City of Beaumont, move and permit to be removed, any of its tracks in or near the center of a street or streets near to one side of such str-et or streets, to enable the City or the hold-- c i t I er of a franchise from the City to construct an additional track upon such street or streets, provided the grantee shall not be re— quired to bear any part of the expense of moving • its tracks, and provided the street is of sufficient wiM to permit such moving. SECTION XXLVII CONSOLIDATION OF RAILWAYS The street railway of the grantee herein shall not, as to ownership, control or operation, be consolidated with any other street railway or interurban.in the City of Beaumont, without the consent of the City Council granted by ordinance duly adopted. SECTION XXXVI I T The term "City,Coundil" as used in the ;ordinance shall be construed to mean the .City .Council of the City of Beaumont, or other governing body of said City, by whatever namie such body shall hereafter be designated.; SECTION XXXIR CREDITORS' LIENS: That upon the acceptance of this ordinance, the amount of the judgments heretofore recovered by H. R. Collier, P. K. Ridley, Teraina Helile, and other existing judgments of creditors against the grantee shall constitute liens upon all the properties of every kind of the Grantee, its successors and assigns, and the proceeds of the sale thereof, in case same shall be sold, and such lien shall be prior to the lien of the holders of all bonds of the Grantee, as well as prior to all other liens and indebtedness of every kind and character due by the Grantee, its successors and assigns, save and except debts cr obligations due or which may become due the City, County or State; and said debts due said creditors shall be paid within fifteen months from the date of the acceptance of, this ordinance; and in the event they be not paid within that time, then and in that event, the said creditors shall have a right to fore-- SECTION XXXVII CONSOLIDATION OF RAILWAYS The street railway of the grantee herein shall not, as to ownership, control or operation, be consolidated with any other street railway or interurban.in the City of Beaumont, without the consent of the City Council granted by ordinance duly adopted. SECTION XXXVIII The term "City Council" as used,in this ,ordinance shall be construed to mean the City Council of'the City of;Beaumont, or other governing body of said City, by whatever naiie such body shall hereafter be designated. SECTION XXXIX CREDITORS' LIENS: That upon the acceptance of this ordinance, the amount of the ,judgments heretofore recovered by H. R. Collier, P. K. Ridley, lemina Helile, and other existing judgments of creditors against the grantee shall constitute liens upon all the properties of every kind of the Grantee, its successors and assigns, and the proceeds of the sale thereof, in case same shall be sold, and such lien shall be prior to the lien of the holders of all bonds of the Grantee, as well as prior to all other liens and indebtcdness of every kind and character due by the Grantee, its successors and assigns, save and except debts or obligations due or which may become due the City, County or State; and said debts due said creditors shall be paid within fifteen months from the date of the acceptance of this ordinance; and in the event they be not paid within that time, then and in that event, the said creditors shall have a right to fore- close their said liens and to require a sale of the property of the Grantee." <M SEC TT ON =IX -A STOCKS AND BONDS That the grantee herein shall not issue any stocks and bonds over and above the amount of stocks and bonds now issued ex- cept for betterment and extension, without the express co,ibdiit of the City Council, or other governing body of the city oY Beaumont. SECTION XL REPEALING CLAUSE: i That all .ordinances .and parts of ordinances ,of the City of Bean ignt t,o the extent'that they conflict with, this orrdinane;e be and the same are hereby repealed.upon this, ordinancet®ig accepted and - "becoming 'ffectiv '.-,in •the 'manner prosrided in,Sec'ti-on XXXIII of .this ordinance.' -SECTION XLI PASSAGE CLAUSE This ordinance shall be in full. force and effect from and after its passage, approval by the Mayor., acceptance 'by the grantee as provided in this Ordinance, and lawful publication, as provided by the Charter of the City of Beaumont, Texas. 3� Passed, this the ��h day of be , A. D. 1914. Approved by the Mayor, this '�d' �ay of A. D. 1911 ATTEST: Mayo . i Se ary. r1 � THE STATE OF TEXAS : COUNTY OF JEFFERSON: I, J. G. Satt on, City Secretar ; ,hereby certi 'y t1aa 1- -the foregoing franchise Jrdinanoe,bei_og an Ordinance granting a franchise to the Beaamont fraction (;oj-q)ia-qy, Was duly rasped by the City Council of the Uity of Beaumont ,Te xas, at Regular Session, held and that sariF was dul-- Published as required by law, one time in a, daily newspa.-Der published in Beaumont,Texas, towit: in the Beaumont -Dail: Journal,Feb.,12th,1911. Witness my hand .and seal ofa:ef.cicalt��ga t�i�- t , day. Qf Ju'1y;A'D.lvIT = J.G.SUTTON, j City Secretary. _ - PexA Asst. C +RTIFICA`I'ri 0-P ?A SACC. O �-, TU AS ) COUN'fI 0-q, J EPITERSOId) City Secretary here R certify that t?,e above and fore Foing as a true and copy. of nn Ordinance pase�zed -the 3rd day Of Januar;,, a same is ort file in rn�,r u$cce. Witness ray hand. and seal of office, t? 10th da;,, of February, A. D. 1011. City Secr::tary. CAT L+' OF P LMLI CATION. ' H E S T A T& OTp' Of c'nt-Reauaron Jc a aper published City of Beaumont, sulerinly swear tilat a franchise Ordinance,;. f-rL fra;1C ise to t_`t, eaurnont Tract _�on Cu �` �jny, eras Pu�'Iishect once�eatzmont Journal, oto to --rat Pe b. 0411. � e -Union t Jolzrn a1 C oU1'r a ()F J r� FEF"9011) I, J. G. SUtton, Cl -y Secrc ary, her 'b5 f certify that tlh-e above and yore;-oinr 1s a, true and correct copy of ,.n Ordinance, Pas: ed -the 3rd day of Januar y, as same is on = ile in my o$'.Lce . Witness ray hand. and seal o' office, tb.is the 10th dati, of February, A. D. 1(:11. City Secr:tar,y. - --- - --- ICAT E Oil? PUBLICATION Thai S`TATPu. 0 COUNTY' oil J i of the-Beaumonr J� , a ani ly nevrs_�aper published in the City of Beaumont, ;:as, solemnly swear that a franchise Ordinance,;-c,rorlting a frmic?.ise to t e ?eaumont Tract -,on Company, was published once in The Beaumont Journal, on to -wit, Feb. L7� 1911. •s. < y' p,64,4,,,,1Be aumont Journ al Nutrry Public, lofferson Count -y, Texas. .t a This '--.,; ti essath: That tt]PE;aurTollt?:?xCtlOCi CGi!T):�ri�.r, (t^— i!?F Cf_ 1?ilta_r thf' L ":'.'S o- 'v?1i; of Tex.aS, 'iert,.iii t..''oa•,)i it;; P _ t, s tin:I cY'etary !_U.Ll'-iut?"1o7.'ie<< by 7 t.s01r i 1"t:i,J i)' 11 siocllliolders ali-1 its boar,1 of directo--sq ftullr cer_ tified Copley -.;; «. •.:° '1:--'' �r e,-. j . �s:, � .. ,ems -...., _, ...:.. - '-.., - . , .•. - :,:, fbtt> ify -&6cepts' the rights, privl.leges and Franchisee conferred. by the:; in fille )��EJ�i Ctrl `�y Jh r,J tJ Coiine ii of tho ll, 1Sr o T•caa-7 on the d J II An o7,di ia!1ce. Ui?a,ntL-Ln,, tto the 1:',,E'2_ul-^,ont �'ra0ti011 �iUi_A,i)f..'..[7;,', '1'g .Lessees, succesoorS, o7' assin,ns, for the terla of fox.-Gy—trio ZrE;ar:;, collsei?t, .)e.' ,1iIssIon an.l. autho2:ityr to Gonstillict, rcico_-"t— ;'G afld ope-_oa le oyTer certain st?'eets ,7it-hin t i G1' the Ci-i;y of Deal -U --lout, Texas, a ;;tree! :i.'=i.Ll';ay system .. Il t1le electric :ir?i, Cars, and oth=r i) to -p--our'te'_1ances thereof I de- � i,iinrF the !:cotes J8 ))Ut?e? b�' I'JhiG1 th:', carte) the:roo+ oh::c? 1 be Uj)C_C'u a ''c, anO ,Pre'Sc-_r in.1� ' hC, C•G!idi-- ' Q i �c Y't f y 4 1r , 1 til rr;f -n 1 l ; �_1r s� e 'JlUi1S .1't ...jLl�._..i_1. jb'J tip �_E�' I',ri. _ 62j.C_ L}t.. -t J. c- _v-!ld_._ �� -anc 1;"'tJLr 1( 7)7.1G'il I r•:) �f1 r' :n tali r?p .1 ill ',Il'_ li --1.!}`' �_i _!•� V1 ;11-l.'.`?,il.,�11:i.'_ ri;,?!L5 ^til. 11-'1.i11_Lt��F=,:' �1'.,!(�, (�.r' ._ _y. .i:.. �jil :i:• �_� BFauriio:14%1 Traction CoTp-pany in and to the streotl.s, avenues ,��•� highwalrs of said City ( excej:)t as -ranted b;r this orrLin,-) r?), and providing for the surrender of the m_qe to the Cit ;r, " and aoaepta and agrees tc be bound by all of the terms and con— ditions thereof. _,?etiv Orleans, January +�►� , i +? 1. �(tUi'�TTt Traction CGil�;ciTi�r, I F` TED THIS THEP. A7 That the _BOa.ullOnt Traction CoiAip .nyij a corporation or- gani?ed under the laws of the State of Texas, and herein, aAP6A 7-: ing through its President and sefl_ra-: d3* �u?'i4 11`Lc3X1S ,c5 _VAR tified copies of said r-esolution-1 -are harptca , fUrinal? r Ecce) *s the 2.1 -ht s, 1) 117 11 e 9 and franchisesr:0-Eerre,6- by thF:.' i'=`_'aii-1.a:Cce ')1SSc;l'. by the City council of tha, City OSS !?oau- moat on the j y day of Janllar,l, 19119 c'nt_Ltied : "An o):'d Lriance granting to the Beaul'to-nt -Traction Co1'tr)u..ny, its lesseesq suc'.cessorS, or assigns, for the l,er"ri Of fo_r.ty-t o consent, )e_- l,misslon and. authority -to constri.lct,i- st:euct, i:,,aintain and opoa°:ate o'xTer certain st1_-erts within th-J corporate limits of the City of Beaumont) Texas) a street railway system with the tracks, electric 'ilireq j cars, and other-)a-r_ts and a,�)-_purtenances thereof, defi_7ii:F; the motive 1)oivar by vihich the cars therein' sliall be oA)erate 4., anci 1)r.escribin,p the condi-- tio.as an -1 regnire..mcnts unLe.:.C' which said street _,ai11Fi^.1r shall be const-lict?'I, I''.00%iSt:"ticted, i:111i1tz1i7Fr]. incl_ 07)(,�'ateE7, ail 3'.oJid- ]T1� �)-'lialtie a21� provi�iil; foa: the rwj)ealing and teri5inatin of ally ranccconrohts and i� '1Yileeuxleld or clalrriec� 1JLr said i - i 5g� ont I-�� mlJ nor- =n s n�' 'to the avQntles and hi o said City (ex^,�)"y)t as r;) �.;�ted_ Dythi5 or!1i!:-,i,i a), and providii—, fQ?' the surrender Of the Sa):G t0 the,Cl%?ren -:Md acre) t8 aiid a7_ ees to be boun(�. all of the taTIAS aXW_ COii- ditions .ho:oeof. OI'leansj ia'nua-�?y FILED TITS. TSE_PAT QF_..,......, .. ..... _ .......... J. G. SUTTA" 'I'VY SECRE. i R . IIx , _ _. sst. -- A . �I IJ VI Ul e,7 ?"' J.:fi�?F� r.1.El( t e0. for 1i1 1 o n bah *2T -o f - t?te -C -Vind ftIU'V: th' Y� ,,7ritiIn moi''%j l_P.1CJ11 t i1 :i iCC ,)t U i:� CU..i_:;Air U` the i'1_1?t y 1;7LVil,"YC:i 'a,1;7 f i' iCl1iSQJ oo n!''�� r C�_ iby�y1B (JJ'Ct1:1-_ i)y th:, Cit;" �'oinici' n7 1_ e ., �•_ Uf t' i�i Zr Gf 1� (%alllii0."s'l, Ui. i i!C. :�-?j' Os J -.,Il L'y y i yl l 9 i i t, J. t ! e`.-! . z;2ant: np- t0 the) t�ei3umont ",7zact ion Conj)(a'nl3, it s e," U by :' ( � c ✓1'r _j -n Il f , � �-n-. .r 4 `r_ � s. ..::t, .,, Sl. %S`�Q:'S, Ji' t3 .J•�1•,.:15� .O_. "i �U__1 Of :��'O._ � "Ll'JO O 15e!'t e12'i,11S�-)eLO SI ^L11tilo ity to Co)St:?L1Ct, - Ccoil- S't7 L1Ct, .±uLntii."'.11l U!-?aIe over C::2,ta n 'i,h( `SQJ'_'C)_ - x_111.1 OT �i1 n -L` U? _�viiLl.'aUl , rlt �;�, �_ `�, G_�',fit J':---L— U :-LI ;i.�.J �'r;i t' :;1 :rit li Js iy'L '`I^": S y s! r3Ct''J.) r4-oas y cai7 S it 7- J �71H ° J rt,- ?..1:•l .:`'.rli_r :r'i]l'-�'li. F::� t_LC).'.''i )fy �L �� .1..'': 11 �, 'f, �I:� :O L.�V� '.)r�..`�i1' i)?� l't .L lc-) the Cars thereof Bhail be oy)e2ate'1, (1n[I. 1)]''SC) .l.iJ7:1'; f.l) co -a --Li- t i o n s o -a' 1 - tions and require.iient`3 l rider ;`Thich • .,^_it! 5t7?eet ra11'a'arr >hc'll be constracte'1y and O,)eratel., and r):iov_,(;-- in-, penalties; and provi'�.�.ng; for the repealil:n and teriainatinIrr of all franchise ri hts and privileges hell M or cla.iiaed by said Beaumont Traction company in and to the streets, avenues and hig sways- of said City ( except as granted by this or:l_inance)l an ,roviding for the surrJr ler of ho saz.e to the , Zt-r y 11 t ti v., l.. �- f ai*v! the of thi8 Uv:'1li?1'l�r to J)t: 'l)�r Rj1 of , c, o.-, _1tiQii',, o the sairy U ^:moi '1_. 1C e, tI,,e swirl F'Iz'itJ to be. HC7'et3 2;r of t%1',1!.1 ac'CO:.?,! 1i t_i .il tB?_,iS and coil of thn sai,� 0_rC?.1lla.ict'. i! it is hereby certified that the -.hove and foregoing is a true a.nd correct copy of a resolution adopted at a, meet- i -frig of --the d-i"rectors of the —eaumont- `Fraction Company on the 5th day -of Januc,ry, 1911, at which. ineeting all of the Direc- tors of -said Goinpany were present. I ' t RE IT RE�zOLVED: Thi t . ' -� v�!i� treeident,,and • .. ,F ^v- -��'i AU ba and ` 'hey a -0- ^SWr sff ed, author and direo*for Art& on behalf of the; CoMP97nY, to 's19n', seal an( -t File ZWi �h C t, a '+,r.itii-in c3VicieiiCin'j 0-^-x_ i a c e-_,] t a i1 G (-) L),,r t11is CUliI11r of the ri htS, cl ri\T iI t,,g v5 ai,,, f'D:,aiichisea Co)1Werred by the 02di:cl`lnce Passed by the City Coui.icil of tlEe City of f'eaulrio It oil .he �� lair of January, 1/= i , "An ordinance. granting to the r)eaul_1ont oaction Corlf)alltrt its laose s? successo7's, or assigns, _fo:" the term of forty—tl Cr years, con1a exit , P ermiss io --ri and alltho:,_ ity to const:l.'llct , recon— struct 7 .econ— struct, maint.^ain, and opeJfate. over Ce?'ta,in streets i'lith'''_11 tho lii.11.ts of the Cit -,r Of BeL;M.'iOrt, a St_ eet 1'ail- ,?t'r sith the, ti:'ac.` s, --1 actric lrire51 cars and other parts and a_p-,,urt lnances thereof, defininEr the Motive poorer bar _which thH Za_rs. ,thereof shall. be overat.ed;, and. Presoxl)b `the condi - tions and re(?1 i2a. ientr, llls!'_e%i' which ia iri st].'eet rc` ll,var shall be C0r,Stj'11Ct8"-, re(,C)?10t2,uCte-1i--- in t a i i i e (I P_nd o-1)erate1.1 ali: i'l):oV - .C, 1l ,i:1.a1.�S; P;ld j)r0fl'`..:.�.r, for t,-, . 7eleai,inY ?Il!Z te7'L11.Iilltl.l"t;; Jf cI i frai-,Lch.l3o. "ni ;hts and 11,elri_ Xo o_�- cl-liLled );,r said BeallI?lont Tractio 1 Coi1-,pany iii '•Ili'L to the streatS, avenues and highways of said City (exco t c`t- s granted by this or(!i11,ance ), and providing for the surrender of the Sal lr; to the city it ^?id_ the agree:nellt of this to be bound by all of the to+'i a and coilf_itions of the said ordinance, the said writi ,,' to be f in eci. 'lith the Citir Secretary of the C;'•.t,r L) B(;p.11111Ui'It, Ln acCord- L! anct- l'ri't:7 the ter_us and coil-iitioiiS of the said o1'dinallce. It is hereby certified that the above and foregoing is.a-true,',and correct copy of a resolution adopted at 'a meet- ing of the di -rectors of the -'-•eaumont `Fraction Company on the 5th day --of JR-i--Iua.ry, 1911, at which. meeting all of the Direc- tors of said Company were present. eco-Iry BE .1.T !1ESOLVD X1.7 // r�liat �ilv ."lr.�"� �..i..� L.Lt'ri�'.tiJ �' !)', ,)J',''( Oi r E>,>;'t,7 t'Ssl�' ltiio "' (3'.. f0::^ ?Itr. 01-L�Ji Y1='.li' of till: '",Oi::i)•':,"lV to authori7.r;, -0-r _r'e5olutiun, the execution oil behalf of the Coij- E lAg the riffs, privIleges and franchises conferred by the Or- d.irlance "it4Y "-rna.11cil of tha, (Jity- u_J):,-aumont, J 1 t11? v6Lay of J`Lnuar, 11.,in t, itIed "An grn.nt in -to the P,1-auillont `? Taot ion Coml)anvt its lesoees, su3cessors, o'-' assiEns) for the tern, of :Forty-tvio years q Col'lsent, e-2.1ission an'y authority to colLstimotij, re(;ol - st:L'l.ici,, si'ai-1ltc` ir, anoa o-j)e azue oVe:�, ce_- �2J.:1 ;3tirCots ,'i i;hill the cor-Po:Fates ii.fllits of the City of Sec` uriont, `Cexas, a s$�_,eet rail- Zy systar-i -1 i t h the t7^acR.s I V el ect-iC. wires caws an,:! ot1"en? -,)arts ai'6'.l i3urten11ut,s tj?- EO`, Ci3=F111 1, G]iC� 11G'I:iVE' ;�IOT';r:a' }7r l',�-1ich +";1� 5 Lh�:l'eC) f' Y1�1 i �J? r�f3r�1'a�ter ^Ll��_ �JrP-r�.�ili1�; t' ciO:i;l_�.- G ls 3knd !. er711 ! a� 'i. ti _ 3 1.1) i fes?. 1 i r =1 �c!.tri „i _ (, _, 1. �.' _ , --.? �r) I1ni. T,.^1.1:���_ .,iC�. o'ui�].��'C��, _, &!"1',= _ _.'Gv.L. _ "1^. ^Q.-�. ,h .. "�rJ (.'�^!_.L 11 . .h,L1. t el'1 f• t1(;• of a1 f 'L 11.7 t7i 1_'J_'_ 11 1; ?L .. _)_'1\/y!_HP �Ci �i J ) 0r 1.1: l i)2 5a 2C! Beaumont Tsaetlon Coixpany in an -1 to the St?' -�r;ts, avt�!:azze", aild highwaya of said City (exoapt� as L ranteet by this or 1i;laiice�, and .providinc for tris surrender of the same to the Citzy, and aaoepting and agreeing to be bound by all of the terms and oonditions thereof, said writing to be filefl with the City �c- r.Pta I.r o" the ")'iter or --�P,awmont ill accord i?ce ivith the ter.::i:i ell:i CO_ir, it io ':s of the S ick Ordinance. it is hereby certified that the above and fore- going is a true and correct copy of a resolution adopted at a meeting of the stockholders of the heaumont Traction all Company held on January 5, 1911 , at which meeting/of the stock of said Company was represented either in person or by proxy. :� e c a. I TIat the Boar.. of Directors of this CompRny be and it is he:ceby, .expressly autbfo��Lzeci for- and on parry by its Presidexxt and Secretary- of a-wrltin�g_�or .� 0,0 apt, in- the ri fhts, i)rivile-es and franchises conferred_ i:,y the Or- d'nancP, i)ass ,i t'1 "it"., '."ouiiciI of tai) o1.ty o.' li--;:umol'lt, Texas, o_a 'the e37.._ `?air or January, 1911, enti't_.ed_: "An cm-,inance grantinfr to the UeaiLajnt Traction Coiq)any, its lessees, successors, Or assigns, for the terI% of forty—two years, consent, per -mission a.nd authority to eon5t3.met, recon- struct, maintain and operate. ove certain streets -v,--i-thin -the cor;oo.c'atU iL,'Ats of the City of Beaumont, Texas, a street rail- !F;ay s.Tster-i .lith the tracks, electric wires, cars an,! other *parts and a;;)Lourterlances thereof, de.firli?ln, the I:aotive po ve3 by ivhich the cars thereof shall be, operated, and DTescjriaing the oolld._.- tions and r er-11.l.rements u7lder ;.Thi("1 ,;a-L(!c' ,F, i• ."'7_ i.i.i(' r - _ _`� } , C;O:�1• �•_ 1C�e''+., rE��_Ui':St__lZCt�C1., tl•��,. �^1.lir � ;.;I(�. O��()27t,. ,l y nnd .13.1 )Hn�i ties; _,rid 1)27ovidiiig 'Ory' the _rei)f;alinr, rind tei'I7iiia t int o.: all franchise rights -and -j)r- ivil eges held or clained y said to ` k� e treets,.avenues and 3, hzl�a�rs off" �N..L C, e, t'T � XCti)t. as an by th'I's . 6 Cf r"i,aT17e� � and -Proviqinc for the surrender of the sa?Iie to the City," to by ^1? {_,{' t,hc: tt;:^a:i ^_I1Ci (3U1idit-Lo=i::, t2,ie,?.'i;o:-, 5 ?1i1 !Y:'.Ltin t, C) b0, J'I-e,0 vi=i t,;1 the (,it.zT t'_•C,- 7.'etary of the Ciller of �eaiuront Lin accorCkaJlce with the t e-Ir"q Grid Con(litions o2 the said 0-2d irlance. It is hereby certified that t}ie above and fore- going is a' true and correct copy of a resolution adopted at a meeting of the stockholders of the heaumont Traction all Company held on January 5, 1911, at which meeting/of the stock of said Company was represented either in person or by proxy, Se c a r r t THE STATE OF LOUISIANA, Civil District' Court for the Parish of Orleans. Division " S •" To all to whom these Presents may come -- Greeting: WHEREAS, S I LAS i .-iYMAN AND WALTER GODCHAUX named and appointed - TESTAMENTARY EXI+'CUTORS of the LAST WILL AND TESTAMENT OF THE SUCCESSION OF SAI.,= HYMAN deceased HAVE applied to the CiviL DISTRICT COURT FOR THE PARISH OF ORLEANS by P.RTITION praying said Court to rant LETTERS TESTAMENTARY therein. NOW KNOW YE, That the said S1LAS 1.11YMAN DN WAT,TER GODCHAUX ARE hereby authorized and empowered to which were of said deceased, and to make a just inventory thereof, and all other lawful acts to do and perforfn as TESTMIZTARY EXECUTORS of the said last WILL AND TESTAMENT. WITNESS our hand and the Seal of said Court, at the City of New Orleans this 29th. day of MOLDER in the year of our Lord one thousand nine hundred andAI1D T IT and the _ 135 th , of the independence of the United States of America. (C 1 rATF.T)l P A T)TTf!n . w,, Division " B •" ,4o�d]- to'whom these Presents mayc- o -_ Greeting: WHEREAS, S I LAS I . -HYMAN AND WALTER GO:DCHAUX named and appointed' - TESTAMENTARY M+CUTORS of the LAST WILL AND TESTAMENT OF THE SUCCESSION Or SAI11UB HYMAN deceased 1TAVF' applied to the CIVIL, DISTRICT COURT FOR THE PARISH OF ORLEANS by PETITION praying said Court to grant LETTERS TESTAMENTARY therein. NOW KNOW YE, That the said SILAS I.HYMAN DN WAITER GODCHAUX ARE hereby authorized and empowered to which were of said 1 deceased, and to make a just inventory thereof, and all other lawful acts to do and perforfn as TESTAE7TARY EXECUTORS of the said last WILL AND TESTAMENT. WITNESS our hand and the Seal of said Court, at the City of New Orleans this 29th, day of DECMBER in the year of our Lord one thousand nine hundred and AND TMT and the _ 135 th • of the independence of the United States of America. FRF T-) D X-11 TT( .JUDGE JXJCOiNG DY. MIT. A T U E, o ?D /Y . C LK . BE IT RE9 0YTFD : That the action of Jar,les Din!'—Ins, Cac"hieD. of this Bank, in signixig on behalf of the, Be.nikq as the holder of X?26,000. of the bonds of the Beatu:lOTit TraCtiOTI Col,irany, a docw_,cnt evidencing the consent and agreement of this Bank, ah such hc1':?holder, to the acceptance by the Beaulu]i '_ I-actJun I' COIAPazair Cf the, G1'C_i2:P.I1CP Dassed by the Cit,,r Council of Beaw-.aont oil the, 7-1,d day of z91' , and the aiithori-- toil ilnterstata Trust and Ranking Companyq as Trustee of the deed of ti -list and ]iIortgnge sccL»'ing the said bon,,9s, to o ectite and ifile a irlil2.r co]lsent and to the acce.otancel of the Said ordinance by the said Reamiont Traction and tO xOCL1te, ?1iC! file , iri Uaid f?)7'CgF•1ltatiV C2�^Citi%, IIl tllE rOC;�i 1rOr•`;�1]?a ��7_'OC�r �' i i Ii&c of thf-- DeauLlont Traction CU?.q)an!r, `� .ch I, }lead. Lill as I1a�r r bf IiP.,CE:S`??:'tr Oma' 2._')pD'C) i7'lctte t0 evideIlc!, the, I' i I' a7;n1.ova1 sane, coio,�i-%It of this Bamhq as ci Ps 2forQlsaid., t() the ZUSu? 1C 4i and!1�_'.i',o iC' Z()T1 t- 0 of C C:i V01 f s ©e�cts: iflat a, {e may to necessary to ,provide the for in the said o 1 t etifiQatee toTl.c6ngtiivt? } :j a first lien on all the propert�r of the Golrtnan1 be, and the sa]_le is hereby in- all respects approved and ratified. i I hereby OeTtif,r that the forego 12119 if; a t r'L101 and I . i cor _'pct coular of jL `resolution passed bzr the Board of i)Zr_. f eters of the Bank of Jeffe"an at a,meeting held on the �day of C ', ,� ,f +�hf� � ic' as appea_rs from she Y71imt,es t t _ a � meet ing d �s In w it,1-,ess 1!hPreohav;l }-F-rt-r,V't+O _.'f vf',i L1�% �12.I1C:1 �1 t:lt3 BiI of Qne, Cor1)t��^P* Molder Of �p20,000. of the bonds of -the BeeLlmlont Traction Corn,lany, a docwlent evidencing the consent and agreement of this Barikt as such bondholder, to the acceptance by the Beawnont Traction. Company of the ordinance jpassed by the City Council Qf •.�'�;�_� 7C'���Z.'�R. of Beamgont on the 3rd day- of --January; 191.1, and the* authUrip-,• zation.and direction by this Bank, as such bondholder, to the Interstate Trust and Banking Company, as T.-ra stee of the deed of trust and mortgage securing the said bonds, to execi.1te and (file a similar -consent and agreement to the acceptance of the said ordinance by the said Beawnont Traction Compan:r, and to execute and file, in said representative capacity, in .the receivership proceedings of the Beaumont Traction Company, such pleading as may be necessary or appropriate to evidence the arvToval and consent of this Bank, as a bondholder as aforesaid., to the issuance and negot iat ion by the receiver, of_ receiver ' s certificates in such amount as may be necessary to provide the funds required for the improvements and betterments provided for in the said ordinance, the said certificates to constitute a first lien on all the proj)erty of. the Col-Ipany, be, and the sane, is hereby in all respacts approved_ and ratified. I hereby certify that the forepping is a true and cor2ect copy of a resolution passed by the Board of Div+°ector.s of the Bank or Jefferson at a Meeting held on the 24 _ day of 1911-; as apl%Pars - froi. - the,-I?1 IIl1teS-W ' tY�e-saki-- - meeting. -- ---- -- --- -- -- ----- - III tA.ritness whareof, i have hereunto affixed I,Iy hand e n and the seal of the corpora -tion -on t'rlis_ q day of Februaryj = ; Mice esldent and Cashier. tL �. /l - ' a/-/1 lBE I"T RESOLVED; That. the President of this Company be; and he -is -hereby "authorized and-empoWered for and on behalf of this Co"mpany'as- a --bondholder- of the- Beaumont Traction Company, " to si-gii-such document or docu:-dients_as-may be necessary or appro- priateto-evidehd6- the consont' of this Company as such bond- hdlders-"to the- acceptance by the Beaumont Traction Company in* - accor-danae-4itYi -its ter&s_-and- conditions of the Ordinance passed by - the' -City -Council of- the- City of -Beaumont on the day of January, 1911, said Ordinance being entitled as follows.- "An- Ordinance- granting " to the Beaumont Traction Com- pany; `ite lessees; successors, or -assigns, for the term of FortyltWo-years consent, pe'kmi'ssion and authority to construct, reconstruct;- maintain- and "operate - over certain streets within the -corporate- limits -of the' City of' -Beaumont; Texas, a street railvtay syr"tem witYi the tracks", electric wires, cars and other parts and appurtenances - the reof , ' defining the motive power by *hich-the-_cars thereof sh611-be operated, and prescribing the conditions `and- requi-rements under which said street -railway shall be' constructed; --reconstructed, - maintained and operated, and pro- viding penalt-ibe;- and providing for the repealing and terminat- ingof' all-'fianbhise-_'rights and privileges held or claimed by said--Beauinont" Traction Company in and to the streets, avenues, and high*dys` of` said' City" (except- as granted by this Or nance) and providiiig for the surreinder- of the same to the City,,,,and to authorize and direct -the Intdrstate Trust & Banking Company in its -capacity 'as Trustee- of the Deed of Trust securing ,said bonds of- the" -Beaumont Traction -Company to execute, acknowledge acid file --with the-"C-ity 'Secietary of the City of Beaumont a similar consent- acid agreeiment of -the acceptance of the said Ordinance by the- said Beatmioiit Traction- Company, and in its said capacity as 'Trus -tee of- the- said Deed of Trust and mortgage securing the said bonds -and for and- on -behalf of the receivership proceed- ings of the Beaumont Traction Company entitled and numbered "INTERSTATE,TRUST &- BANKING COMPANY -VS. BEAUMONT TRACTION COM- PANY" No. 1577 of the Equity Docket of the United States Circuit Court- for+the"-Eastern' Dietirict of Texas, any such pleading as may be" necessary or "appropriate to evidence the consent of the bohdliolders of the --said- Beaumont Traction Company tor+ the ren- dition -by` -the" Court- of" an order or decree authorizing the ac- ceptance of" -the- said"O'rdinanoe by the Receiver in accordance with its terms and conditions. "And-ta further authorize and direct the Interstate Trust and Banking Company in its capacity as Trustee of the said Deed of -'Trust securing said bonds to file in its said repres'entat-ive' capacity in the receivership proceeding afore- said, such' pleading as may be`neceseary or appropriate to evi- dence the approval and consent of this Company to the issuance and negotiation by the. Receiver of Receiver's Certificates in such amounts - as may be necessary to provide the funds required for the imp;gvements- and_ betterments. provided -for in said Or- dinance, the said- Certificates tor,.eonstitute a first lien on all the property of_,the Company." r It is hereby certified that the above and foregoing is a true and cor- priate to evidence the consent of this Company_ as such bond- holders -to the acceptance by the Beaumont Traction Company in accordance with its terms and conditions of the Ordinance passed by the City Council of the City of Beaumont on the day of January, 1911, said Ordinance being entitled as follows: - "An Ordinance granting to the Beaumont Traction Com- pany, its lessees, successors, or assigns, for the term of Forty -two -years consent, permission and authority to construct, reconstruct, maintain and operate over certain streets within the corporate limits of the City of Beaumont, Texas, a street railway system with the tracks, electric wires, cars and other parts and appurtenances thereof, ' defining the motive power by which the -cars thereof shall be operated, and prescribing the conditions and -requirements under which said street railway shall be constiiicted; 'reconstructed, maintained and operated, and pro- viding penalties; and providing for the repealing and terminat- ing of all-fTanchise rights and privileges held or claimed by said-'Beauinont Traction Company in and to the streets, avenues and highways of -said City (except as granted by this Ord ' nance) and provitiing for the surrender of the same to the City,_and to authorize and direct the Interstate Trust & Banking Company in its capacity as Trustee of the Deed of Trust securing .said bonds of the Beaumont Traction Company to execute, acknowledge and file With the City Secretary of the City of Beaumont a similar consent and agreement of the acceptance of the said Ordinance by the said Beaumont Traction Company, and in its said capacity az Trustee of the said Deed of Trust and mortgage securing the said bonds and for and on behalf of the receivership proceed- ings of the Beaumont Traction Company entitled and numbered "INTERSTATE—TRUST & BANKING COMPANY VS. BEAUMONT TPACTIGIT COM- PANY" No. 157 of the Equity Docket of the United States Circuit Court for the Eastern District of Texas, any such pleading as may be -necessary or appropriate to evidence the consent of the bondholders of tho— said Beaumont Traction Company too the ren- dition-by'the Court of -an order or decree authorizing the ac- ceptance of" the said Ordinance by the Receiver in accordance with its terms and conditions. � "And to further authorize and direct the Interstate Trust and Banking Company in its capacity as Trustee of the said Deed of'Trust securing said bonds to file in its said representative capacity in the receivership proceeding afore- said, such pleading as may be necessary or appropriate to evi- dence the approval and consent of this Company to the issuance and negotiation by the, Receiver of Receiver's Certificates in such amounts as may be necessary to provide the funds required for the improvements' and betterments. provided -For in said Or- dinance, the said Certificates to, constitute a first lien on all the property of , the Company." 0 It is hereby certified that the above and foregoing is a true and cor- rect copy of a, resolution adopted at a meeting of the Board of Directors of the Interstate Trust &Banking Company held on December 29, 1910. SWWto ry "BB IT ABSOLVED.: That Lynn H. Dinkins, Chairman of this Committee, be, and he is hereby, authorized and empowered, for a.ndgni behalf _ of the Committee, to sign and execute a consent and areement on behalf of the Committee as the holder of one hundred thous- and dollars ($100-000) of bonds of the Beaumont. Traction Com- pany, to the acceptance by the Beaumont Traction Compaby of the Ordinance passed by the City Council. of Beaumont on the „�� day of January, 1911, entitled: "An Ordinance grantilag to the Beaumont Traction Coro - any, its leseees, successors or assigns, for the term of forty two years-, donsent, permission and authority' to con- --struct, reconstruct, maintain and operate over a certain Streets within the corporate limits of the City of Beaumont, Texas, a street railway system with tracks, electric vires, cars, and other parts and appurtenances thereof, defining the motive power by -Which the cars thereof shall be operated, and prescribing the conditions and requirements tinder which said street railway shall be constructed, reconstructed, maintained and operated, pnd providing penalties; and pro- viding for the repealing and terminating of all franchise rights and privileges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said City (except as granted by this Ordinance), and pro= viding for the surrender of the same to the City," and to the agreement by the Maid Beaumont Traction Company to « it be bound by all flf the teras and conditions of the said Or- dinance." I It is hereby certified that the ,above and foregoing is a true and correct copy of a re- solution adopted at a meeting of i the Reorganization Committee of the Southern Electric Securities Company held on December 2.4, . 1910. 'Y s C "BB IT ABSOLVED.: That Lynn H. Dinkins, Chairman of this Committee, be, and he is hereby, authorized and empowered, for a.ndgni behalf _ of the Committee, to sign and execute a consent and areement on behalf of the Committee as the holder of one hundred thous- and dollars ($100-000) of bonds of the Beaumont. Traction Com- pany, to the acceptance by the Beaumont Traction Compaby of the Ordinance passed by the City Council. of Beaumont on the „�� day of January, 1911, entitled: "An Ordinance grantilag to the Beaumont Traction Coro - any, its leseees, successors or assigns, for the term of forty two years-, donsent, permission and authority' to con- --struct, reconstruct, maintain and operate over a certain Streets within the corporate limits of the City of Beaumont, Texas, a street railway system with tracks, electric vires, cars, and other parts and appurtenances thereof, defining the motive power by -Which the cars thereof shall be operated, and prescribing the conditions and requirements tinder which said street railway shall be constructed, reconstructed, maintained and operated, pnd providing penalties; and pro- viding for the repealing and terminating of all franchise rights and privileges held or claimed by said Beaumont Traction Company in and to the streets, avenues and highways of said City (except as granted by this Ordinance), and pro= viding for the surrender of the same to the City," and to the agreement by the Maid Beaumont Traction Company to « it be bound by all flf the teras and conditions of the said Or- dinance." I It is hereby certified that the ,above and foregoing is a true and correct copy of a re- solution adopted at a meeting of i the Reorganization Committee of the Southern Electric Securities Company held on December 2.4, . 1910. 11 This' W- ting i'Iitnesset}i: d /6 .11 — /--94 Sit The uTidE'rBigrl___ the Irtc,rst ate mrtt: t &BaI11�iIi; rol — )a:1;►� of t?1e Cit,,r C)f ?`Tel'i 0�r10arIs 771 its, cat)aC:ity aS T r iistev of the c;eeld o:11 trust and of the Beaumont Traction Company, glade and executed On the ��� da IT O" l ' to sacui-e. an RUt2l02'iZed iS8Ue' Of Six Tl -,x011- saiid Dollars (��60c,, 00-3) of bonds of the, Bald .9eaur-rblit Traction Coi-,r�uany, c) 1whioh Five Hundrod Thousand Dollars (;r 0&10C3 have been is2ue6l and ate now oiitstancli:x , dOA.�'i }1eX'ebu {U? mal:1y ag:cee to the acceptance by the said Deaumont Traction Colzlpany, in accordance with.its terms and conditions, of the ordinance. passed by the City Council of the City of Beau -font on the 7rd day of Jcji11a C'?r, 1911, 5cdl{i ordiranc'iii' L21g entitled as follows iri�71 o_&dinance granting to the T-3eaumont Traction Com-- Pany, its lessees, successors, or assigns, fog .the term of fOrtIl—tWO years, 001186nt, Derl-, issioa and aullhoiity to con— s tz,uct, D°econstruct, maintain and operate; over cer.ta7:r:� s,Teets within+ the c02:11)orate lir_iits of the: City of Beatmont, Texas, a 3tceet 7°ailway syster.,i with the, (Wachs, electric !,fires, cars Rnc! other-oart;i and a.y)1)urt, n nces the'^t-;of, def -Irving the votive ower 1)�T ^lr1� Cti1 th�� O'ctl' ''.;Ylf 1's dj' "5`�la i `�Jc'-`oZ1E r3_riEjfT , r-TiC�. I's3— _ scribing theeond itions and requirerlents under which ..9ald. street railway shall be constructed, reconstructed, maintained and o -,aerated, and _,)rovidini� oenaltles; anctI)roviaing for th, repe�l.li.ng and ter., inating of all franchise rights ane pYivi— leges held or claimed by said Beall :ont Traction ow..'IZ)any ire and to the streets, avenues and highways of said City ( except as granted by this ordinance), and providing for the. surrender of the sale to the C ity q" herebl-r in its said capacity (-:xpr-essly ratiflfiang the same. New Ort ears, J;, huaJ.'y 1911. Interstate Trust & Banking Company resident. Attest RM TMS T :--WY 0F I PZZv:� : roc Lt. iUtZ-,J U1��IIM'a i1 r; ln-uj, Sr t.rte 13a1i}:1I1g 101'l- c)- the, Cit', Of Nelv Or.' a i Is 1i1 1 tS Cc`I �: C;J.ty as T_Cll:it C! of the 6 e'd of t]?USt aild 1:20 ?'t ;ate i' of the, Beaumont ` 2?,-.CtJ.or S1` � Co} .pally , riade- and exeeut e d on the � _- da.I- of - l9j to SBCu:- e, e.n ctL1 ti:U_'.'7_Z�:CI_ 1Sr;Li- Of i'l. Hll[iil.]'P,`l R'j%U11- 4albd ?)o!-Lnrs 0,600, 000) - of bond;3 of the, ;aid Real.11rolit Traction C 012 1ally, of viltic.'.'ti Five Hundred Thousand I1011 a 0G., C) 00 ) have belen issueca and ax'e no:tJ au tstancliYi�, does hFreb*',r fox— ox-I'_a1 ma 1y agToe to the acceptance by the said Rea1.mlont Traction Colli^pany, in a.ceordancn with its terms and conditions, of the oTd i na.nce j)RsSed by the City CotlI101.1 Uf th- City Of Beau-mo?it OIi the ?'d dair of January, !gilt said ordinance. 17T3i?1v ent i t,1_E. d "An Ox'dinance .,--ranting,* to the Be13umoIlt T]?,action Com- pany, itS leSSee8l S11CCeSSOr8, Or aSSi IiS, f& the, tP-3-11 Of Iovty-t,vo ye-)rs, collsrnt, j7ex�17SS1of1 ?nd 3L1.h07'lty to CGII- StaLift, 7'econstruct, maintai-n and operato over certain Si7'P.ets i ithin the corpo,mte limits of the.. City of Realumont, Texas, a stre! ,t I'a llway system "Jith the t malls, electric i'•117 es 3 Caro and other "j)a.rts and a r)p7urtenanceS t'her(30f , def ming the motive Dow-2,btu.-which-i;he ezr."s :;her. eof shall be operated-, and. pr 3- sclribiiig the conditions incl Z'e("1tli?'� llit3!itS under. IV ierl.said btreet railivay shall be consty-acted, reC011St•=.'uCteCl, I'iaintaine.d a.ild operated, and 1)rovidilig for the Pepe= ilii` and teri.rinating of all franchise x'irrhts and p3iVi- leges held, or claimed Jay said Beau -:ont Traction COI-,1j7a.ny i.n and to the streets, avenues and hi 1iwa;rs of said City ( except as gri iit ed by this o rdirial;ee ) , and providing for the surrender Of the same to the Cit- y y�r hereby in its said caj),ac t r i:Xj)]'r3SSly r2tlf;rid7F?; the SalTle. New G_r'leaijs, Jahuar;r 1911. - Interstate Trust & Bailring Colrilan,T v . President. _- Attest: FILED T 9 TE _NY J. G, SUTTON -10 STATE Off'• LOULSIANA, CITY SECAITAI V PARISH OF ORLEANS pal' _1iS51. .3cfore. rile the undersigned, ,a notary j-)ublic, duly cormmissioned a.Ild rjua.? ified in and for the Parlsh of Orleans, 2. . h • State of Louisiana, -personally Wpp )eared. on thio �dav of January, 191.1., Lynn H. Dinkins, President, and -Henx�r -T 'iaun�o,;, Secretary, ,°espectiv=31;r, of. the Ii-1tBrS1"late "_imst Bankinn, Coripany, a cos-poration dill -r org l-iiZed_ under the lc^.:'rs of the Stato, of Louisiana and rl_tll�li y i 1 rte, ' f ' G__ ..'� in t�lr. City O_. r�IP,TJ Orleans, iii the said State, irrho acknow a:1`;ed and declared that whey ;n -a1 ex(ecutpd the izlst2:jil!3ent fop and on behalf o --F' the said Intel.,state T�Iust & Banking Corlj)emy inits ea;)2citt as, nujts;C% of tbe, Ilorlugag of the D'ea Mont Traction company -Md,62? to authoritl 1r8S'te hem by the, Board Of-i-vectb"r"S Of 'G rte said D'A(D state `"TV.st 2 r i tip' n- u, �. Ba iir-_i.L, Co..�i�an, -In .'ditn,'sS V-112e.T.e0f, 1 )1aVz --Ii�frullto -,ffixpA ifry hard �. Gffvv _ and Seal a-- sldew Gz, 1 e-gns, this U rlrlUf cJ(1Ii11t�3.'v, 1911. -- 1 r I. I i two 9� The undersigned holders of bonds of the Feausort _ r^c Ct i o.' Cc_:j.:aLy in nu bers �'i Fn tR ;et U1_Us1;a -iEl]Ta:"-t)e s? ec- tively hereby QXj;res8ly consent a 'A agree to the anceDtancey the said Beaumont rr^c+iU company, 1TeGCGr ^_AP itsits terms and .conAitlon, of the O!dinance r_sfiEbj the City Council o-r• the Cit„ of >: aSuKa t on thn 3rd 'day of .January, 1911, said l71".:3_? mace, being entitled as follows: "An "1Tdinance n��'-.snting t e Beaumont 'Front �r o C ;�_ `, J th _ l I�QOTlt _ �,.,1.02'1 is �� i4 fi p its lass_)e\l'n sUCi'CEssOVS p Or assigns y for t,'cj,e term of forty-two years, consent, i�en i s ion and authority to construct, ec _ _'l1 y 7' 0 n- s t] not i1aint? 11 and operate over certain Meets 1 ithirt,h. CoWorate IMIts of the C1t1, of Re ?T'lOSi � tt `l'exas, r street railway _tt _ aystem with the tY'2-C;;: e p electric wires, cars aiik other parts and MurtLlict_c= thereof, defining the Dative power by which the cars ;re r of ,hl �;operated, � � �,rprescribing the condi— HOW ant rMHOW00 undOr which said s trrPt Iai- F :} shall be C;iJnst •UMA1 l? :C1onsti_�'. ctej, 1v[ int�';.i _ne l_ and d UIieTated, n �;1.•G1r'i`�— inn y�C,i' lU It ��.J4� `�1 �1�1.. f; ,�U tl i d In I�!\r the ref Dal I nE ant t eri`Ei11a t in.0 of all fraiwHige rights end ' rivi , _ges held or C;lail;•`d by said riG2.1,mont Tr'aC'•` ion CCoITiD=;ny iL anJ t0 the streets, '-`,rel ue8 2111 C'il`t';h- ;`;ays of s• -id City (eYr,ept as r'7'=,ittiE:C'- by this Ordinance)p 'i r� for the i r e er the �.� tl V C1iI1�, .O .. �.1• �tt�°-- rd of. '� l• �a.:e to tn�: City." The 1 ndo =si; ed f urth�r F:X?•;i:'E ;sly authorize snA dinec.t the interstate Trust Q• T'.- r:lr (r 1' -tir `' i' C a it'�r � wu8t oe � .�•=._ iIi`• ,v..,ic'.TiJ i_. � `.ly,u.. ;; , 3.. of the Need of trust Ii'.. wortSage seouring said ai 5 y to G ? t = ch ^',:fl o.� file `,�- t t } ryr f the Cit 'L .. • y � ,,,v P�'t" � 2.IiC__L ,!^1 �__E-'• City �FG_- etc; ,. G � , �' o �' F u LCI t b i 1 I 1 _I' ., n `'.11'�� agreement -f o the r c L (� 1. _ _- _�-1 U�1�•J I and J Jj15. {G �✓,�:t Lit l�li Ei of the Haid Ordinance by the said Beaumont Traction C0:'aanyj ant ill its said 0'- y'a^_ it y as `_ rust• an of tr o said ...e=','_l. of trust and mort- gage c F ] r i :-, n the n` ri q r for ' r te r'9•,, ra i f C f all y Lt-' �--�. 1_l said �� bCj l': _.-� _ i �L G_. ci 1�-. 02l }�.,1!.,---__ )_. _.�._ the holders thernof, t0 file;' in the re 'i er roc -d1-_1gH t. , - � h �, V ship' 1� f,; �_; '� of }_ 7eavzont TractionCv n1r i f, i t-1 f. -'J' and nllnb red: t'1.1tPrst T'_"Ust & � aV ing Coii;Jany TTS. Sf;au ant T T :ti01-1 COPoany y l' To. 157 f t b 7 P _tr n U3_ r t- : f the United Ct2tYc Circuit Court for thn k-'•�i Ueln District O f T ;� ons SnY ��1-1 ii' a ({_ f'� '' r._'.c.•`i.�r". \- _ , � J - ?C. 3 � 1„ Sl.i yHG l.Ii" 15 r::c }J(=', on aDproDr:ia e t0 evidence the cok8nlit of T,;^E-'.• borl:l-ho dors of the said Beaumont Traction company to the rendition by the Cot.lrt of an or-er or decree Rut_no_,.'i?ill`; the acceptance of the said Ordinance by the :Receiver in accordance -.lith its terms acid con- dU-ions . % Tlie uf1'LF'�'Si�liPd 7:I-1rthFJr ut}1Uri�f �nrl �_i'ect t'?F: l itC3?- CO_'?:panjr in nunber:, and amount 8 set op-(osit o their na;nies res pee- +avely, -nereb�T expressly co!,,.- and aUree to the AGCQi`itnee by the said Beaumont Traction Company, in accordance with its terms al(1coil,.Utioris of the Ordinance • passe;d b�T the City Councii of the, Cit;,, of Feaumont) on the 7rcd day of .Janua2.'y, 19111 said. Ox°dinance being —it itled as f ollo,Fis : "An ordinance granting to the Beaumont `l'r.a:°tion Camp��xi�r, its lesseeR, successars, or assigns, for the, term,, of :forty-tivo • ear`l, consent, permission and authority to Construct, recon-, stru.c.t, maintain and operate over certain streets within the corporate limits of the City of. FFaum-ont, Texas, a street railviay s;_stem with the tr'acYs, electric i'dire8, cars ani+ other parts and ap�)urtellaY1ces thereof, defining the Motive i.ower by which the cars thereof Shall be. operatedy acid presci:, mill; the, condi- tions and rr qui re.'. -_nts im-ter which said st?"eet shall be c(,,?15tx*uCTtP^1_, ).'t,constriucte.d, , ai:lt ,iI1f3Cl af4i Grerated, and 1%2ovid- ina pcnaltie i; and providing for the repe?li ne, atnt _-_- tP.r.:linating of all f2:-anchise ri hts and ;}2,ivileges held oil clained by said Beaumont Traction Coiroan, in aa,d to the s wets, ^venules and high- ways )f said Cit;,r (except as granted by this Ordixiaiice'), and pr.o- vi diem -F'or the su_,, rPnder of the saiTie, to the City." Texr), Tssly authorize acd direct the Tnte,rcl:,ate: Trust F_ Banking in its ca-pacity as T3-Ust:.e of the deed of trust an-,�! mzoTtvag SEC',11rlti` :ter` irl bonds, to exe- cut,e�, acX4now ed, -°e and file with the Cit, Secretary- of the City of Beall logit a si_tlilar consent an -ft agreement, to tfie accejjltallce, of the said. Ordinance by the said Beauriont Traction; Co,,7ipanyj a.r:ft in its said as Trustee of thi= paid deed of trust and Inort- c,_ge see>.iring the said bonds 2.I1"f for and on behalf of all the A H holders thereof, to file in the receivership proceedings of the w U ? ?.uill0!lt TI'act101i Plit;i+,,l {;•;1 and 1'il1Iitbered' t1TIitE:"?'Stc1tP Trust 8- a31k:iIit� `orl%� tTi�r (%S. BP.�.l.i>;ont `!':faction Cor.,lp n;T, er P1U. ��7 o ` of the Fqu-it ;r _'Do the. the. United St-ates Circuit Court for the kastc;rn District of Texas, :telly such p iearlinu as ria- be necessary or a prov;nate to evidence, the consent Of the bondholders of the said Beaumont Traction company to the rendition by the Cot.lrt of an or-er or decree Rut_no_,.'i?ill`; the acceptance of the said Ordinance by the :Receiver in accordance -.lith its terms acid con- dU-ions . % Tlie uf1'LF'�'Si�liPd 7:I-1rthFJr ut}1Uri�f �nrl �_i'ect t'?F: l itC3?- IIS -2, Stat!' Ti-ust 8: �ali'1liz 'l�C7i:��1-`a11 T . in it b cal)ac- ty a,9 of of said deed of trust securin`n; Sai ft bon,�.s to f il,, in its said r'e-oresem- tat ive ca-,pac;ity ir, the Receivership proceeing; aforesaid such t)l eadinn, aE 'ria-•% be necessary or aptpr:'ot)Z'iate 'to evidence. the. rt;;)y):rova2. and consent of the ung -Iersi rrnefi as bonctholders to the. issualice an 'no2rotiatior, by the Receiver of Rec i?rr-res certifi— Cates in such aPoulits as ina`: be-necessar?T to provide the. funds required for the ip.-D,!ovementS and betterments prOVided for in the said Ordiliarice, the said certificates to constitute a first lien on all the�Ertlr of the -Com'. -Jany. Thereof g r �i'1 ��1Zt11E;SS 1JhereO�, t11t,,,/f'1121�f�7.'S1.t,�iP,c� have, he?c..t111tci ff ctheir. 7 it 's l a__. i;�e__ hands on ,llia a/ -, cia�r of � 1, -9- Naire of Bon-1hol dErs N-�-L:nber of Eodds Amount • elvuL 3 i S.,3 i9 �V- � � .3.�✓: 3 xG V ado a- . J'I 1.8 . It Beaumont, Texas Dec -7,1910. TO TTM HONORABLE ;!lkYnJR AND CITY COUNCIL, BEAUMONT , TEXAS. GENTLE)ITN - - - - Your ordinance committee beg to report that we have examined carefully the attached franchise granted to the Beaumont Traction Company and recommend that it - be passod with -the following changes, changing Section 33 to read as follows: " This ordinance shall become effective upon acceptance Withirty (30) days after the passage hereof anti -tie orsnt-tee ,sha13- f-ile--is�r�e-e�sttr�ee ��rttih the—-ec-emb°e r which acceptance shall be made 'by' fulfillment o; the following terms ,and conditions, e recommend that .11-ection 3.9 "A" be incorporated in tilt franchise reading as follows: r "That the grantee herein shall not issue any �I stocks and bonds over and above the amount of stocks and bonds now issued, except for betterment and extension without the express consent of the City Council or other governing body of the City of Beaumont. Respectfully submitted, fZ TO THE RONORABLE MAYM AND CITY COUNCIL, BEAMI0NT, TEXAS. ---- - - -- - - - GENTI,B12PN : _ - - - Your ordinance committee beg to report that we have examined carefully the attached franchise granted to the Beaumont Traction Company and recommend that it- be passed with -the following changes, changing Section 33 to read as follows: " This ordinance shall become effective upon acceptance-�-D thirty (30) days after the passage hereof ante-goe-�,sh'e-�1--1-E; iseGremtrh -6y-Gler-k--o�-tri�--tii-� -of ua'ii�ont-n st--1-atax h n c, mb e r which acceptance shall be made 'byfulfillment o,;,ff the following terms and condition's, n //'I'le recommend that Rection 3.9 "All be incorporated in t.j!tt franchise reading as follows: ''That the grantee herein shall not issue any stocks And bonds over and above the amount of stocks and bonds _!! now issued, except for betterment and extension without the ' express consent of the City Council or other governing body of the City of Beaumont. Bespectfny submitted, �;- _ It'ti �-_- ,; �'" . _- .� _,•"',.�-,�`�-�-ice-• _ . sz 1 Ordinance Committee. _ - _ :ray+.,.c.±�ifl,; • _ _. _ •tel IN TME CIRCUIT COURT OF THE UNITED STATES FOR THE EASTit]RN DISTRICT OF TEXAS, AT BEATRTONT No. 157 In Equity. Interstate Trust & Banking Company ) On application of the Receiver to operate under the new vs. ) franchise and to issue Cer- tificates by the Receiver Beaumont Traction Company ) for the betterments of the pro, erty. This day the report of Judge A. T. Watts, Esquire.Special Paster, on the petition of the Receiver to be allowed to operate under the ordinance of the City of 'Beaumont, passed January 3rd, A. D. 1911, and to comply with the requirements therein, and also praying to be allowed to issue Receiverts Certificates in a sum not to exceed One Hundred and Twenty Five Thousand ($125,000.00) Doi-- lars, and to pay certain indebtedness due the City of Beaumont which have a preference lien on the property of the Beaumont Traction and said report having been filed and having been entered on the books 'of this count, it is now ordered, adjudged and decreed by me, in Chambers, as follows; It appearing that the T21asterts Report was favorable to and recommended that the Receiver be allowed to operate under the fran-- ohise alroue named, and to comply with the requirements therein, and there being no reason apparent :shy the said Receiver should not too operate, it is ordered that the Receiver do from the date said franchise shall go into effect operate under said franchise, and comply with the terms thereof in lieu of the old franchises of the Traction Company heretofore operated under in the City of 73eaumont•. It also appearing in said Tfasterts report that it is to the best interest of all parties concerned that the property of the Traction should be improved and betterments installed as prayed for in the Receiverts application therefor, and that such improvements are Interstate Trust & Banking Company ) On application of the Receiver to operate under the new vs. ) franchise and to issue Cer- tificates by the Receiver Beaumont Traction Company ) for the betterments of the property. This day the report of Judge A. T. Watts, Fsquire,Special Vaster, on the petition of the Receiver to be allowed to operate under the ordinance of the City of 'Reaumont, passed January 3rd, A. D. 1911, and to comply with the requirements therein, and also preying to be allowed to issue Receiver t s Certificates in a suit not to exceed One Hundred and Twenty Five Thousand ($125,000.00) Dol- lars, and to pay certain indebtedness due the city of Beaumont which have a preference lien on the property of the Beaumont Traction etr and said report Having been filed and having been entered an the books 'of this court, it is now ordered., adjudged and decreed by me, in Chambers, as follows; It appearing that the Master+a Report was favorable to and recommended that the Receiver be allowed to operate under the fran- chise atowe named., and to comply with the requirements therein, and there being no reason apparent why the said Receiver should not so operate, it is ordered that the Receiver do from the date said franchise shall go into effect operate under said franchise, and comply with the terms thereof in lieu of the old franchisee of tho Traction Company heretofore operated under in the City of 73eaurnont, it also appearing in said Master+s report that it is to the bast interest of all parties concerned that the property of the Traction �. should be improved and betterments installed as p rayed for in the Reeaiverls a~1plieation therefor, and that such improvements are necessary, and that it is necessary to borrow the money to make such improvements, and that the cost thereof will be , approximately,, One Hundred and,:Twenty Five ($125,000.00) nollars,- it is ordered J S that said Receiver be and he is hereby authorized (1) To borrow money at such times and in such amounts as he may deem necassarzr and proper, not to e:�caed, in the aggregate, the and all monies which may come into the hands of said Receiver on account of the sale of any of said Receiverls Certificates shall be deposited in the Gulf National Bank, of Beaumont, Texas, which said t:re:nk_i_s hereby designated as the depository for all funds here= z }` Shands of said Receiver on account of this afte % r� - -,- reca`i �.na negotiate his coupon certificates at such timers and in such amounts ars he may find -convenient or necessary, , but not to exceed, however, in the aggregate, the principal sum of $125,000.00, payable on or before eighteen (18) months after date, bearing interest at rate o six per cent per annum, interest payable semiannually on the first days of February and August of each year, evidenced by coupons attached to said certificates, Said certificates issued under this order shall be designated as Series A, and shall be typewritten, printed or lithographed, as the Re- ceiver may determine, and shall be signed by the Receiver, counter- signed by the Clerk or 'Deputy Clerk of this court, and sealed with the seal of this court as and when required by the Receiver, and the coupons thereto attached shall be authenticated by the signature of the Receiver or by a fac simile of his signature in ease said certificates be .,printed .or lithographed. (3) To apply the funds so obtained, from the sale of said cer-• tif-icatess, as far as may be necessary, for the purpose of making the improvements prayed for in the Receiver, s petition and as found by the Vaster in Chancery; among which improvements, are the following, especially mentioned: To build a double track .on Pearl Street from Bonham Street to Milam street, on ?V[ilam Street from Pearl Street to Park Street, o,n Park Street from Vilam to Royal Street, on College Street from PeArl Street to Perk Street; ,and to put concrete foun- dations under the tracks on Magnolia and.Calder Avenues, as re- quired by.the franchise ordinance, and to install new machinery in the power house. 'to make .improvements to the nar barns and to account of the sago or a.ny oz 154ia aVUt:I"-kVUi 0 UW& U'L 9 be deposited, in the Gulf National Bank, of° -Beaumont ' Texas zchich said lea s hereby designated as the depository for all funds here efts ands of said Receiver on account ,of .this ` recti ^r' - egotiate his coupon certificates at such times and in such amounts as he may find -convenient or necessary$ but not to exceed, however, in the aggregate, the principal sum. of $125,000.00, payable on or before eighteen (18) months after dates bearing interest at rate - six per c nt per annum, interest payable semiannually on the first days of February and August of each year, evidenced by coupons attached to said certificat-es, $aid certificates issued under this order shall be designated as Series .A., and shall be typewritten, printed or lithographed, as the Re- ceiver may determine, and shall be signed by the Receiver, counter- signed by the Clerk or Deputy Clerk of this court, and sealed with the seal of -thin court, as and when required by the Receiver, and the coupons thereto attached shall be authenticated by the signature of the Receiver or by a fact simile of his signature in ease said cartificates be. printed .or lithographed, (3) To apply the funds so obtained from the sale of said cer- tificates, as far as may be,, necessary, for the purpose of making the improvements prayed, for in the Receivers, petition and as found by the Yaster in Chancery; among which improvements. are the following$ especially mentioned: To build a double track .on Pearl Street from Bonham Street to Milam Street-, on Vilam ,Street from .Pearl Street to Park Street, on Park Street from Vilam to Royal street, on College Street from Pearl Street to Park Street; ;and to put concrete fours- dations under the tracks on Magnolia and.Calder Avenues., as re- quired by .the franchiao ordinance, and to install new machinery in the power house,; to: make improvements to the ear barns. and to the conducting system and to make improvements and repairs to such other of the tracks and property of the 'Beaumont Traction Company ,as will place same in first-class operating condition. (4) That all of said certificates not exceeding in the aggre- gate the pr i nci.pal sum of �125,000.00, when so executed, ioeued and negotiated by the said Receiver in pursuance of this decree, be l'f and the• s€zme are hereby equalAnd ratably socured by a first lien and privilege upon all of the present property, ri.gh e and franchises of the pea,umont Trad°ti.on coupany, as well ae upon all additions and improvenenti§ thereto that may be made by they Receiver during his administration, and said lien and privilege hereby decreed shall be euperior to all and any mortgages, jud6ments or other liens Ohi.ch may exist upon any or all of said property, rights and franchises on the date of the entry of this order. (b) The Receiver shall keep separately in his accounts all expenditures made out of the Money hereby authorized to be borrowed and shall Make reports to the court,at such times as the court may ,I ,regiziret, of the amounts and dates of all sumo "borrowed pursuant to I this decree, of the manner and the items of expenditure of the pro - seeds thereof. (6) it fur"Uhcr appearing that the PpecYal vaster rinds that the sum of $4039.97 :dor paving and $500 attorney) s fees duty to the Special Attorney employed by the City in drafting the nest franchise is due the city by the 7�ee6ivor and that the same is just and that the expense was incurred by the Receiver since his appointment and the said ,paving has been fin j.shed and in all things, ready for pa;*- men't , it therefore conatitutse a prefaarence lien and has been agreed on by all parties as such and was not objected to by the judgment credit -ors or by the T�eceiver, but that came should be paid as prescribed in Section X.XX111 of said franchise ordinance and said Receiver is therefore ordered to past the sae. This done 17d signed in t"har2bcrp in the of q _, Texa,s;3 'thie l qday of February, 1911, J 4 d g 0 and privilege upon all of the present property, rights and franchises of the Raaumont Tradtion coM)any, as well as upon all additions and imp.rovementb thereto that may be made by the Receiver during hid administration, and said lien and privilege hereby decreed shall be superior to all and any mortgages, judgments or other liens Which may exist upon any or all of said property, ri-Chts and Franchises on the date of the entry of this ordee. (5) The Receiver shall keep separately in his accounts all expenditures made out of the money hereby authorised to be borrowed and shall make reports to the court,at such tunes as the court may require, of the amounts and dates of all sums 'borrowed pursuant to this decree, of the manner and the iteme of expenditure of the pro- ceeds. thereon. (6) Tt further. appearing that the c,!peci al -vaster finds that the sum of $4039.97 for paving and $500 attorneyts fees due to the Special attorney employed by the City in drafting the new Franchise is duel the City by the Reoeiver and that the same is just and that the expense was incurred by the Receiver since his appointment and the said .paving .has been f in .shed and in all things, ready for pay- ment . it therefore constitutes a preference lien and has been agreed,,on by all parties as such and was not objected to by the judgment creditors or by the Receiver, but that sane should be paid as prescribed in SQation XXXITI of said franchise ordinance and said Receiver is 'therefore ordered to pay the same. This done signed in Chambers in the r,ity_of Texas this day of February, 1911. .Tudge I XEndorsed: X Eq. No.157. Tnterstate Trust & Banking Co•vs.Beaumont Traction Company. order to authorize Receiver to operate under new franchise and to' issue Recvr's Certificates. Filed Feb.7, 1911. C . C .Bumpas, Clerk. 1" 1 (trruit Court for tltr, EaWrru iBirtrirt of Go mo. FIFTH CIRCUIT, SS. EASTERN DISTRICT OF TEXAS. I, C. C. BUAIR48, Clerk of the Circuit Court of the United States for the Eastern District of Texas, clo hereby certify the foregoing pages f r oris- .Z to.....T..�..�...., irr,clrrsi,ve, to be a true and correct copy of the .......... Order au.chorizing Receiver to operate ander new francri-J se and to issue Receiver's certif' ca.tes, entered February 6, 391:1,------_---_ .......................................................... .....................--------------...- ------- ---- ----------------------- .------------------------------- .... ------------------ ....................... ...... ..... .............. -- .................. ...................................................... ........................ ........................ .. -----........ .....--- ----- ----- in Cause No. ...-15"................. . on the u ._k%....Docket of said court, entitled............................................................... Tnterstate '1 -rust...` 3ankiz�g .Company' - -- ------...................................................................................... --versus— ........................... ........................ ............................................................... . Beaumont Traction ---------------------------------------------- ................ --- ... ................ . -- �. �.. .. . as fully as the sante noty appears on file.... ._�.:i_._.... .u�.. i e in Tc�•�tinutes,jrol. 2,�.2�5, - .. .. .... in my office at, Beaum.on-t. TO CERTIFY WHICH, witness my hand and the seal of said court at Beau- mont, in said District, this the ....7.`Ch..... day of........Febru-ary, .............. A. D. 191-L.... I C1er k U. S. Circuit Court, E. D. T. l - . 3-tJ'....................................................................................................... Be�rcctiJ• eaumontTi-(ictio�iS'�)ii-il)ally JAMES F.WEED, RECEIVER 'Beaumont, Teas, February 7th, 1911 To the Honorable City Oouncil of Beaumont, Texan. Gentlemen:. - This is to notify you that I as Receiver of the T-�,eaumont Traction Company, by v:3 rtv-e and imder authority of a decree issued on the 6th day of Yebruary, 1911, by Gordon Russell, Judge of the Circuit Court of the United �,!tatea for the Itastarn %stri,et of Texas, a certified copy of which decree is hereto attached, do here- by agree: (1) To accept the new franchise ordinance passed: by'the City, Council of on January 3rd, 19119 and to conroly with the terms thereof; (2), To issues Re 0eiver's Certificates as provided in said decree of the United f7, rates Court, and to apply the proceeds from. Ot"he sale of said certificates to the improvements contemplated in said franchise ordinance; To pay to the City of MeRmnont the sum of 4j,4539.97 80 as prescribed. in 4. Section 33 of said franch-1. and I herewith tender the check of the Receiver for oaid amount Respectfully submitted, Receiver Beaumont Traction 4,e,o. /4 --.-, To the 'payor and City Council of the City of Beaumont: - We respectfully report that we have examined the various docu- ments submitted by the Beaumont Traction Company, its Receiver and the bond holders thereof, as acceptances of -the franchise to said Beaumont Traction Company of-Januar3K 3rd, 1911, and find them legally_ sufficient and in compliance with the requirements of said ordinance; the said acceptances r)eing as follows:- 5 (1) Acceptance by Beaumont Traction Company, dated ,tanuary 5, 1911, signed by its President under authority of accompanying r.es= olutions of dirsctors'and stock holders. 4 (2)_Acceptance_by Interstate Banking--& Trust Company,- signed -by__ its President and Secretary and duly acknowledged, the*same showing exactly 5500,000 of bonds of said Traction Company to have been issued. (3) Acceptances by the holders of $500,000 of the bonds of Beaumont Traction Company, with appropriate resolutions where owned by corporations. (4) Acceptance by .the Receiver, J. F. geed, accompanied by certified copy of *aster's Report and Order of the Judge of the Court of the Receivership, the same showing also authority for the issuance of receiver's certificates to the amount of $125,000, for the purpose of making improvements and repairs provided for by the ordinance. FMED gF___ZLAAy j. G. SUTTOCity Attorney CITY SECR F.T.A R Y Special Counsel LAW OFFICE OF A. D. LIPSCOMB CORNER PEARL AND BOWIE 9T8. BEAUMONT, TEXAS To the 'payor and City Council of the City of Beaumont: - We respectfully report that we have examined the various docu- ments submitted by the Beaumont Traction Company, its Receiver and the bond holders thereof, as acceptances of -the franchise to said Beaumont Traction Company of-Januar3K 3rd, 1911, and find them legally_ sufficient and in compliance with the requirements of said ordinance; the said acceptances r)eing as follows:- 5 (1) Acceptance by Beaumont Traction Company, dated ,tanuary 5, 1911, signed by its President under authority of accompanying r.es= olutions of dirsctors'and stock holders. 4 (2)_Acceptance_by Interstate Banking--& Trust Company,- signed -by__ its President and Secretary and duly acknowledged, the*same showing exactly 5500,000 of bonds of said Traction Company to have been issued. (3) Acceptances by the holders of $500,000 of the bonds of Beaumont Traction Company, with appropriate resolutions where owned by corporations. (4) Acceptance by .the Receiver, J. F. geed, accompanied by certified copy of *aster's Report and Order of the Judge of the Court of the Receivership, the same showing also authority for the issuance of receiver's certificates to the amount of $125,000, for the purpose of making improvements and repairs provided for by the ordinance. FMED gF___ZLAAy j. G. SUTTOCity Attorney CITY SECR F.T.A R Y Special Counsel The undersigned holders of bonds of .the Beaii-mol'lt Traction Com -pan -,v in nu.lbers and amounts sett opposite their aaiaes Pe5; the said BeaLuiiont T�'-96tion Co?_1jJrIl�r, �!"1 �CCO]"dc`lIiCB dot 71 lts teY'7IS and coriaitions of the Ordinance fj-:ssed by the City Council of the City of BOau_mont ori, the — day or January, 1911, said Ordinance being entitled as follows: An ordinance granting to the --- 3Oatu:iont Traction Coi-cip ny, its lessees, successors, or assigns, for the terra of fort;r-tvro yeaw_.31 consent, peririission and authority to construct, recon- stynact, rriaintaia and o -Aerate over certain streets 1vithin the corporate li.nlits of the City of Beaumont, Teras, -a street railway strstem Stith the tracks, .electric V_Lres, cars and other. pal°tq and apl)urtenances thereof, defini,no the motive power by which the cars thereof shall be o )ea,ated, and prescribing the condi-- tion; and requirements under vh..Ioh said street railway sh=ill be Constructed) reeonst-ducted, illaintained and operated, and provid- ing peria,lties; and providing for the repealing and terminating of all franchise rights and Privileges held o,,° claimed by said Beaiunont Traction Coinpariy in and to the streets, !avenues and high- ways of said City ( except as granted by this ordinance), and pro- viding for the surrender of the sarae to the City." The undersigned further expressly authorize and direct tha Interstate Trust & Banking Co-nipa.ny in its .capacity as Trustee of the deed of trust and raortgage securing said bonds, to exe- cute, a,cknorlledce and file ,with the City Secretary of the City of Beaumont a similar consent and avreenent to the P-oceptance of the said Ordinance by the said Beaui°iont Traction Cornpa:_ny, and ill its said capacity as Trustee of the said deed of trust and. raort- ga.ge securing the said bonds and for a.I1d on behalf of all the holders thereof, to file in the receivership proceedings of the Beaumont Traction Coiir-pang, entitled and rrainbered: ".Interstate Trust & Banking C,oml.)anjr vs. Beatuilont Traction Company's Ro. lr,7 of the Equity Docket of the United States Circuit Court for. the Eastern District of Texas, any such pleading. as may be necessary or appropriate to evidence the consent of the bondholders of the said BeauLnont Traction Company to the rendition by the Court of an order oY- decree authorizing the acceptanez of the said Drdinance by the Receiver in accordance with its terms and con- ditions. The under, igned flxrther authorize and direct the Inter- state Trust & man _Jag Company in its capacity as Trusted of said deed of trust securing said bonds to file in its said represen— tative capacity in the Reeeivership proceeding aforesaid such pleading as may be necessary or appropriate to evidence the approval and consent of the undersigned as bondliolders to the Issuance and negotiation by the Receiver of Receivers certifi- Cates in 'such amounts as ,nay be necessary to provide the ftinds required :dor the irxnrovements and betterments provide, -1 for in the said Ordiiianee, the said certificates to const:Ltute a first lien on all -tie property of the company. In JATitness 11,rhereof, the undersigned have her Punto affixed their hands on this day of 194. Name of Rondholders Number. Of Bonds Amount , ,,Iae illi!' ersigrned holdere o%' Gonads of the: Beaturzont 11.,acttort C :(1)nl1l' In _+'2t1i:1'6Jer", �and�'131,,i€nts ,36' U3?�: CY��..0 ?'rhair n.1"'e J t iv oly j In ?'�'l�.rby Y: � �' Sl� 3J.,r con,gent Ls .Sit? agree to the F=ICiscept ,-a"ice. by, ""'i�-'. >•s'3,3.d ��'�ziL�"�ti�Itt `"2'�'i;:•t.:j.G:":. �'�11�ib';�:sl•i�rq •�.:1 �IC:CJ2't�.�CtG+� ',�.tl'� •s�-.h •�F.�,2'�:i; anL d coal ,U.,Aons of th', 0 d iia ncc as ,:.'I by � the, i.�� CO -LII -JI t1.e c lt, Of !Sea"u int On the da -Y of z-fluary $ 1911 , sa ieL 11A ol-,di nGnc o, gran-!-Iing to tlhp- 1 eay.l':iont T:et,,,.c tio73 Coj) , 7al.mr g l t c. 3es"ea,p sam-t€flcesSU1t? oay as>i,ns, i� thee + rYi.Gf forty—twofreai ; p coziSenft a ,arld nu thority to rf�,Coni - St:Yllet p maintain n and flperatl?, u -ver Ce_','ta- in zst-reets w thin ha, CCS'';3L1L'f t *? 1? a t,i q', of the City of :J `s tt€13aTlti q m nxass-. y `1 s•E.:cera't 7.n lvlay rt .�r'. t tracks, 7 �..- .-� ^h . o -Zr�3; l 1 .�rlt�i ,tee t_ ac s � ��. �'� t� � � ,� }.�'�,s � Pars •�ra,� o �,hCr i")aa. is thC)2' 3Q1'; defining th9 votive power by ,rhic;h 1hcars hereo-f shah c' ,,C}�')�:.'r1 :�:�, r_""trt`� y�Z'F:�r'if''1t312i�; the Coli;'1— tyO:;� and YUlr` r ( 31 s -under 4jL street, ?airf shall JE con r,uc a.d, maintained oaxi ci)exated, and 1 prov i. tin;, for the �'E.'jafa.`-ta.? 1tL; and f,C.2milria"U' igg of 1 ra..av?lisv ..-gS'1 ,r, and t _. iV:I.lG4,•_ hold Ci'' 13;, a n in r r. �ty� '!'��'i`_•.'.�it?f�!"t v'�')i!�'i;:�.�313' 1n c�.,i�!�. to f�h�/ ��it�'l�iUt''7� C�tEt[.:hl,?E;.� i'%%2�� a�'�`.,11" lia;,rs. 6f, said (oxcapt ps - ).,�:L r.ted by this, and D ro- - idint; for thy: st1ri ender of the sFjI,,e to iihe r it ;r. u rhe x, e';t2 eF-cs!!r t1t?norize awL the 1rlGPrStsf>-,3 `L'' ulsl_Ft -_Bal'-- in,(- 0oLjj)€jjy ill it,s C _agP Pity L18 `-'L°6te of tiip cleeA of trust and m0:,?1,ga; P, secuzir>" 4CA;1CI 10C..F S, to excF-- cutel acknot'aledge r311C! File with .she r ity Secretary Of the City a "slIa:ila� consent, and agref3mont to the, Of I ZL W 0 a the -said G!:dinance b1 tht,,, salld 31eatia,mont T2.,acttion Ccz<li),-Rn r, a -i -v In sCa i.ts said capacity �s a�ms.tae of tha said daod o- ;��'€zst ��i :lr =H �y � Enke saou':.,i n,r hit snit,,l bonds ani. fox, sand �01,i be�3a3.�'� Of &,I! 2qe, F i ei J\1 :' of x.-rs thea. eo—,) 'to :�.'i�.ai In the T'ece!Ve2? 61nij) �?�'f�c?t:1f1:11:�5 s� J3 th(-, :,ear?.;.ta��+� yr$Cti.�a v�.+.r::�,.zyS� , ..,n�:ir�lt,,c�. ��:nci nu��.c�Q..1��.: nters tt3tti. o _ 1 Nf °e :3al'fl' i2lg 0011_r+)-121�r Via • T3 euzuuo nt r'ilact ton CoPal)a_111 ?TO. 1.57 of t 1,uit7 T2O-Y.et, OIL' he i. nit,s: I_ Stt_ItP,ta 'iZS o..nq ,: •! ,.3 .,1. it. u fl� 1 ek:3l; 9 z!17.,;►' Si}.ois '137 P^tC1.sZ1;; ,3,e ?1firt Df: 01't;; rojy)y Jpt to -!-violence, the consent U' the, bG"!'dholcI92,ws om,.. the -mid _sAaU!, o_nt, i Tac Lion t';Cym1 anjr, to ';he, T011di t:- 0523 ry the '0011'?' t fi raid ��t"tli?Si1.f3 `"?'!?f' ion. d J y.. _ ny ' t _ _- ,'1' �JC'i=i,,;,`:' y :j.�'7 Con_.itions of t, 4i , CrLZ�.Ii'3.fiC`: ,11 (ji,'r CUL"ZIC: .L =JT t; :e Citi, of f tiLt�vtit W! thej —.. a tZ�t { T j<;i T a,.}zuD s "Aniiryb'rL l.liC'<?it"s t: to t� ;• , ,'�,3au.Llollt t,L 2ac t ion c01 L?7a;'.lt,•,t 9 1t`. l esseas p site e '•s:S0T t OT as5i;;ns, for t.)? o tpNj7!1 Of r'Cl 'v?r-$l'JzJ ite�i�':�, ��omsent- P0n,_IRis,,Ac)n a. n( ciikti"Iority to St1'1?f; t p .'_1t� Lliti::1?i and � opa- att e, Overt,�:?'�✓E3�.`!. ,streets w �J:lin vhp f.0-t?•.j.)02, F,t e, 1 ._�j �,�^'. O the of :,,-I m 'tet `} f? �n 'e. r. ir a'r^^�- 1r�t �n 1^ !'• e, e..s n , ri Q R'�p� ,.. ,. ,.� .,, .., ., r..:. .J:�t_1 ,21 7', _. �G-��: �� " �'� „7 q':v �. .y.��, � U ��. 5�p� �i"i::'d U+,�1"1?.' '�)�II1:/tt°1$: l5�s ?DDurt-Ina.Ice�' vhf4,_'eo�' `ef'�i nin the I iii fi i.V t ��()�`%�i�' by which the cars t}].ero—of : *I.j,, .�.j �(, C11;) C�:.`c� c;;� p r_Mll. !)--S�, i Uing +✓h co -ll..- "�- ?'t;7C'I?i�i ?i?5�?I' ':�1:�C?1 SO;fi SL''�1v7' ?"a .S{l tr _;hall be C3;).`l.`_i 7.1't�^} (-�� y"'f� �{•�, c 6 j. [� �6 ., tiCe o ,� p'! 7 ,�• I nL �r 11J 1+J (�� Ga C{.tG:�A1` `�{{^�/�t✓y'`L •Ty .1 (3}:'IL •snl ...-0 iF 1e, ; `-�J k•F, r'a;l� ties; �lY.a'."� p-100 J -`''1 75:j for he 2.,e7j) .aIIr,, �11'.I V�, r' ,,inn l.�i..�1J a,11 1 ?'ra�aChIs'- 2 i,�:i•F r; ?'xCt 'Llivi"I e g,-,6 j'I(It t3 ' L� "3.ri Ci by w i:4, 11:C�11't1t� W ►' t~ 1 T•ili .{. A .., :x t� •.-c ✓ c..4J on, J4l !I J �.. in euld o t,hE streets a" et s p cttt�_'.11U � ;� 3!i`� S7i�;;'" _ vndrs Cif .Said �',:Lt-t oV'L'ePt, as -_-, i t ed wJ r t i;� Vil iIiir for t:he sur ,endar Qf `✓75e "?C`a1.v ,C) 1i Ci V. PY i) -re �r tlu h�:3' 013 and dizect. the1 lilt or'State- Txu.,St GQZ1?),::,I IY i25 it/B G"t;38..i'Gy tia `P''L«;t�� L3" �1F f_t'•: i� i}f �.Y`T:t i 11 s �Nn( ,i�lt:).- ld.d 4 L' 9PCi3Iii1;; S lC'L i) C. �iCtf3, JV 01.!t9 a"Jk2i01'71e?'_t f' `r111C? "J �F3 e'Ath the c"J tdr _'Cr'et 3? - of �tlt i:il�tt Fof BeatL O! It. a consent and an'rt'k_',I:lc??"t `Zo the `'IC1Cl` 3)t:;liI'r3 Uf W �Q W the 3aiLi Q-z'Ctii'iL?JSf;g C)l,t 1411''. 5�=�.rr �e.��llCi�it ';'r�;tl�'iiil?l 4:-0.':;�i�.TT y it71'� x.23 � its sGiLcapacity s .'4 .^y: CQtp ^-r the' fl said lad 0 (i_vqls i 'all(a - � :DM, ry'"' {''cam :3v't.'"tl::' i' t p t r3 y {y 1 aa -f'Jryy nll 7 �� y� �r� .(� U ,ag np, Jt1L'3 >,i; icl tw., s �md .. Vr �- 1n . Oil-L/�Jl� �"�.• 1 V'1. t:l�� J31.� { holders thereo-2: , O file in the, Tecei vm—sY? ij) of the ,E U!I1CiYi�J ' i'��t,i�7i e�1i:i�JZa? and T1ttli tJ'✓';'�<i: n i nte-v state C) sy 11'tt t -x fall?' ill GIr,rorzt2i!r vs. r?tlaw lollt Z Y'<`a ct ion Co,,m )a: lrV No. 157 . of t"IeSlitb J. J .. J1. VV iJ "I )J Jit r%ij I� .L''•G.L1�1J �t ,u vt lie, i_ast e_'°21 �IstY C � o_" �. e .a�, t n;r siI0i? ?�? c�� s 11 ; q6 1..1( rtr ba :E\,ceol, l�j?`V 01' Y)a?1,°� �:�> tF3 tO eviCLCIiCP .he CI0rlsent Of +116 bC%nd'holcllevs themaid Tyr aull-itlrit 'LTacti€ n Corl3,any to %`Fie. i-el1dition by the Cou:1:vt {) '311 of the Said l.'��oolnl��jjlC:� by thf!.: . eCP-i-ilf '' in �l�'t�C)'±''darL06 i73•'v}2 l �J3 tf;r.'I:db r3fZC� CCy?:- litI `?'he undersignp/a fUrthp,27 author izf) nrvi the, !ctter- Rtrate Trust & n21?:�:� llonij;any in :�t(3 C.'aj? pp city t1g. '�i'tiStPf3 Z1f $c id Ul 0 vpl...,,? Ca I J, s x o - "'Ll o z-, cA: 1 o ",7) ;Ao o �in t c IV! CT U o o. 4-o o RA 0 0- 2, o p2o's(UnE 'as nmey be, nenc*Sal"T OT ll�a oVidonofr� tohf-., a Z' l) rOVal Alfld collsollt of "' to h- unde,kAgno"a to tlIo lis�5uqncc-) I-nd negotiatlon, 13-;J' th',3' R0130.1VOP Of cates in cunh araounta ns may be neaessnzty- to Tf;"quixad 'for the lmp-wovc.-�,!�mits an'd DI Iaidl Ordina-r1ricp the seldl :Icatas ts. constit'U.1'.o. a 'fillot on Of the Co�,Z,),:,anoy. LOTS 0 0 MMI'ATEI TI-I'VIOT ;z T '327.. C5 a Is 1 .. t 1't1'C1.01, s ht)x6ay, lit f°>+J?"I�E�T1�u cf � ¢ia'a?'tr'� i.43 �A`s� nr_1 1� ar• �_vL� ���t.+. �'• .�1; �� l'> 'i. .�,�'>:1.��":� .fri:�'s-�.:.: a �.!' 4i�C�rt t�:�Ei�:1 ��1�',13 :�.�>.x ���.�:i; ' he" '3 i ty. 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'L'i 'L4'i°i "qti C? {±,•T { Ii '/ t.Y {., 7 S I.' 4. , ,'_i:+i'"i`� c.i �_ t�3t'�1L i�:. t�.,..,,,� ?. �? �?" ,1:,���'i k%2�c:�.C�i ��,� t�1 ����t�.7�:1t.� i1:?t� �. '27fr .11.q�'+�"�� yyr_lav ;�f, '$ �•.rs"3'Y:`3 a ,,ft1iG' .r 2.j�. p {a?�i��.�. J`t_...c1t,C:�: i��'1..�.RR in,�`..t yf�i�A',�,"{l t: ea; �:'�.WLl.: ?p:,A'.>�'.�AiYl� fOr �Jh� 1�i3�?�is��c»�.�l�y v;14 of all �'(TL F�A'_nls C -N ' _T°�f`�l t j� d �3�, tt � Fneac {? � .(}?' { 7 T.7 '1 Y� r t •'i .t 't: rte' �!tt c' w �t '' 1.. `.x �„ •.;•t :-� a• ;t � '{ * ..,:�:_.i.ti. e�;l . _ 7 •.,fig ��� .,�?..1�, 3,:'3S �.T3 t..x'i{`t ,Q .; �.. �a :�,.. �.� •J � p Bart=;.T��.br:� �3.1�� �C...�;a't�- 7 ?i`s' ( o fox �L.`�, �.pt'-"1' ( f���.?y€537 (e7�1�t ns+ 9�—L v._ -Lt 8 � b7'„'r v tci�i.dio fox 4Jr L4! 171.,�.t.rr.+'-�`,��. o"I' Of: tile, �'l 1�W JW %�•A �l j/.i���d �s 1 ++ft t•1 P • y e aq'c n ty t' -y' .{..S S i,. �y -, - �, ,+?f �h 'ti! t M, 4 i , z - la.:s 3t.,• .._:��,,,..1�°:� ._ Lf. :,<1'� . �,_;1>.,, .3'"a.,, £3.1.L�:C'i�).� �,:t• ..i%x�. �:fi.:,,?; �,Ql'i t 1 J '�' i? '," ',t:'mr t n :l 1' '^C 1 r',��„�t:� � �p in �� s.'• 3 (, � �•1r r; t, T_',-.-'.-"'Pt!P=3 ,!'c�,, ., `.:"i}.ia� _...�.��,. ,.. ..v.iL.L�.Zc:; ,Lata ._ >,� �,`l.�i:... 4 �.�:• ., c,.,v v r 1h{s :F �� it f!r r;'L;f?o 116, i'1C} ^ l"k eecurigl r said' 4ioaiis_ to i xe, GuJ ig vi wi th. a city e ?3'E2n7 "'I }h h, ryJty - Of rle liz':.O."It x't :L7'4:�'{� ,+ n; s y,� t r Jr �`t`ea yt { te9F ��t' J:=4 t S.cd.;. `'+.1''�,. YJ1.� ,f ♦:.: i. {�t. to h. _.��t3E ppt t1 cr; v the :��:��77 X1;5°C��3i.`.tl��?r; �gs tllt: ��4'�.l :5�>�<$fd3ti�1'L w '��$�J:1 rrlti?:1.1�1F i'!d q r`_n— In. d ; a) ,.:ity' F.i i?'3?`sT��� f `i�Z� r 1 i �(? �f. - ! , and 1' IMm Its ��� �i:, , . , �3 �3. ,�0.1�.�.ti �..C•_� 43 .,.?�:'Lt� Gi gal :lt, . t_ grafi iJ i,.iVQLiy. ?1y} the 'mid bonds s Nurft fw: J'11d on all 116 IG :�je:CS hts :° r �;� '1` i @7 'CPttt1 T'fi ^r'J t�..y3 c r' ,�,o" t f t o q . 3 7 C� � A. :i :P �. �.1f7 nr, c'yy )etc i + a entitled and �i�..� Om"t�,'`ii�.�i Y "I rfte. s tete Traclion ��L �” ,�,.�i a -r++ :.}' ?�=iii T t•'+. ;. t �r � e � + i � �, , 'r � � �; „_moi-�� �:�.�i�« „J.2�`.,��k,, Si{•s ���clii_I'�>:`LrJ ! pa�.r:�CY?� �"Mi�'���rt:1'� ���• { '44_ .ljle&y '. ►4g a:r3 r - bf1 a F`;,�j5;••_'� �P c3. 4...3.b _i:�•t .aX Q G:.. �y �.���� 9 1`?:rl,, `�tlt.•i .<f .:...�. 1�.. T Q >�.cJ'.°', the "v_Ad 1 MI. 4.G:D Co;:`1?�a':iy'` to th �` 210M.lt.1011 blF t+'iti of an off? doeroe viii,,rlio?'l.ain rile' aocpiyt"1.nc ©i' thn i9L lld DVArlanc , b,r thoI-10,u3ive:'L" in aQGtsr•`.7.anoa 's1ilth'r 'I'E's 't fje ._'mo r:md ^Un- id trUst a . o i L fh ra R l ey", ta-tive. cY°»1.)ao+3. av In ::to1C �u �w�,Yf��. a�dl� „ra :-��t�`LF��ri �..t�,� 5 f�i �:.'.it�.��t:.lt'�...���. gilt"I'? PeLi:� ll-', yC; i.2o p"Imir iJ !3i`..,01CissCi 4y �"''4i• u�fINpr .'�,�x'^'t�-.. e to S'.;�E��,��Y'id�oo °A'hrl +, !meq [�..(f� y R. y3 4} ,r� t[ay icy. ry t� .�x �n �-1 �t /t{'y ap"' i.��:Y Ltal wGid-oollf-4o t `.Yf �.f�k"e CA lila x',,A, L.bc:;•:.G .�i.rf L: Lt'c�,l��2V ����✓ i7 to ltlkhv1 i rf',i`.Pu,L ad fY1.7.* .F.i :7�;�:�0•"P•o r. L7�f, r•, yL`��"''• ',l'Pf� *t 1 + T the `ax -IJ, the mt.,Id'�i�`"'�'.`� � �t3c`����t to conosit'ute to F'`' i,,a lien un all the O -f the.