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HomeMy WebLinkAboutORD 19-A-3EMMETT A. FLETCHER J. G. SUT ON MAYOR CITY CRERY �icaaasr��aa$, ��xa�� ORO. 11 -A -Z Sep+, 1910 ,oma, 7th,19, , 799 BEAUMONT RRACTIOU COMPANY FHA1ICHISE. History of Franchise adopted September29th#1910. This franchise was duly passed Sept.,20th,1910,to take effect - upon pa_,sage,approval by rlayor,acceptance by Grantee within �xxx 90 days. The Grantee disliked several of .the clauses in the Franchise, and failed to accept said franchise within the time allowed by the ordinance. Said ordinance thereupon never went into force,not being accepted. W-hereupon,said Grantee,on Dec.,6th,1910,submitted a new franchise,being the old franchise,wit}i the objectionable features eliminated. This franchise was duly considered by the Council, read Dec.,6th,Dec.,20th,•and,after being amended on third reading, January 3rd,1911,is the Franchise which was passed by the City. Council jan..,3rd,1911. The franchise adopted and passed Sept.,20th,1910,becane null and void through non-acceptance. 0 10 -INDEX- INDEX.-Section -Section' 1 . xepealinL. and_, �,ub:gt �UntinC. 2 Grant and Duret i on:. ' 3 "treets covered by irranchise. 4- `i,nglo and Double, -r'rackg tind rwitchas. 5. Annual .-a; hent. to _City. 6- uha,nge of Grade, Improvements cf- ,itre'e'^; tetc. ; 7 " goncrete i•oundafione. _ 8 Sprinkling Carse 9 Care of `'treets, etc. 10 Tomporarj ;iuspension: 11 , �;quipment and chedules. - 12. Fares Lind 7ransfo'rs. ; 13 . RondinL of Hailp anci •.";'Otuining Mirrent. ; 14. .Kepa ars ; otc.: 16 Abandonment. 17 Use of Track'R by other companies. :. 18 ,Tauge and -1'iocation of- Trackfi- 19 ?tecovery' of. Expend i u.ro by i;ity• _ 20 .. Lion-of City. 21 Annual Reports.- 22 ",uccessors Knd nl. signg. 23 ' Extension of Vines.,: --= - 24 merminati'r�ris 26©naltic�s for :ails% eo "`, 26-, -on alties for Othoci 2T Poles, 'fires.,' etc. '. 28 .Vgstibulese' 4 9 "eparation ,f Races. , 30 .t.gulations. 31_ nAamissal-of Receiver9hip. 32 Indemnifying City. 33 !1cbbptance. ; 34 !First C�.ass in T""leve L1onthg. 35 `-,t•ocks -and Bonds. .36 Lights. ; 37 Hoving-' of Tracks. 38'_. Consolidation of '?a.ilways., 39 Governing Body. 40 i;roditora Kions. ; 41 I-? opealine clause'.' 42 passage c;lause'. i An ordinance grantink to tho Rea Dumont T ^a.ction Company, its les—oco, successors, o,, a•= `3-LLns, f) -f term of rorty -two gears, conn"MA;, find authority to construct, reconnt_•uct, nnintain, and oporate ovor c.(Y+ziin streets ,,7 thin the corlY)or,'3,t o of tho City of-- r1eaumor.t , T-exar-, 0, street r ilk-iziy "y;3tein '.iith tiic tr,leks, elect �-ic ;sires, cars3 and other r:.rts arct a,ppu-rtorances thorcof, definln,,. the ,aotivc oovier by ,�i":ic'h the car- t;-.,ercoi ohall be operated, ay -,d ;")rescrib i:.g the cor:ditions an(1 reouironents under which Paid street Pflilway shall ..e constructed, reconstructed, maintained and o-,ora.tcd, ; nd 7-•ovidinf,--pu;nal- tics; and proviciinr for the repFa.linL- and terrqinatin o'' ill franchise ri�:hts incl privi- leges held or cla i-ned by naichtrac- tion caumont Company in and to the :streets, a,vcnuc� L n�L hiC)Taa,ys of said city (ex(,ept ac, Cranted by this orciinance) , and- providin` i'or the Purr" ender of tho irtne to the City. IT 0::-D1iiiANCE. 1EAS the eaulnont :'raeti ,n Company, a corporation orLzini sed and e.ci^tin` udder the law, o-" t:l.o ' mite 'of Texas, is operating vctri ou,- lines o- street rail -.ray over the streot s of the City of leaumont, and is no,, -i t'-.(,, o;inor o," 1.1-: said streot ra.il"aay system, said s- cteri beinG operated uj.der .c follow- ini fr ,r_c,hises and pengits C-cantod by the City of eaumon t (1) A fra.nch i -,e granted by t,, -,e City of Beaiunont to John H. 'Kirby Linc; others on the 14t -h da., oz :lovember A. D. 1900; ((2) A=-VIanchi-io c::,..n;ed. t) ".'. L. L]zompso4, H. Johns, on, and on Iet ob er 7th, 1909; (3) A *rtmr.hicc Granted to the Be.,)umont Fraction Conpa,n7 for what i, kno,,rn as V -1e :Z--)yal"treet Line on April 17th, 1`306; (4) 1rariono ; fsrrnit;, granted by t:w City Council of thc; City of 1'ouumont; and l�"'TtIsAS, under t�-,o authority of ane; plcrsuant to a renolutior- adopted by the City Council o,: the City of Ec aumont on the lith d'Ly of Jul;r, 1709, thr. Gil;y Att�ornoy of the City of Beaumont has in-titated in Lha; nar.-,o of and on behalf .of i,he City of ?'c.;,Ii vont in the District Court of Jeff(., --son Coiu-,y, Tox,cs, t -,-,,o certain actions agninst i,,, s-taid Beaumont `-"r;,ction Cornpnny, or:o o__ tho ^aid actions being for the annuli:-iont 0., ^.}id franchise;o, and the other __or the rec.w ery of da.mi goo sillcr-,cd L,o ht,vc been aistz,Linec`i by tloc City of Ecuunont :1 :, re ult of the tillegeil violation by th.; suid Beaumont Traction Comp.i.ry of said fr"anchioes in re- 1�Ltion to tjho koepinC in rep<,ir of it^ tracko on Irl ` treet in tho rzaid City of Deaumont , the s3 id acti,3r.s boin` ronpoct i vc,ly entitled :.r_d num- bered on the, (Locket of tho said court "The City of 7zor-Lumont versus Beaurnonr, _'ra.etion Company, No. ' 761111, an("the City of Beaumont versus the L'eau- r/ont ':race -ion C,)m- ny, iso. 7612", and, Ir "HIREAS, there i;; now pendJ_ng inthe Circuit Court of tho United `'ta,tes fo_ the ,:a stern District of Te.tas, at I ewimont, that certain suit in e (,city _°umbered 11,57 on tho : docket o --P' said Court o titlyd interstate Trust & Banking Company vs. Braumont Tractior.- Company, in which suit J. F. 'aced is :,eceiver of said Boaumont Traction Company; and , 7rII:'ITR ,AS, the said City of Beaumont ie willing, by vwc-ay of compromise end ,,ettlement of its differences with said Beaumont Traction Company, to dismiss :,ai(I :wits inst:itutcd by said City of Bo.,-nuaont in the, District Court of Jefferson County, `"e:ca.s, upon condition that raid suit in equity in 'Oie United `'-testes Circuit Court is di;--oosed of kis hereinaftor provided, -and upon condition that �,he riLht> and privilegos of said Beaumont `!Taction Company gr,,.ntod under the fran- shises and I:) ,rmits hereinbefore referred to, are surf endered ar.,tl camcelled, and upon condition that the right:, priTilcgos and franchises con- fec rrod --nd obliga,timns anti duties impos=ed by this ordinance are accepted in lieu and substitution thereof; and upon th(; other terms and conditions horeina.fter set forth; HOI'V mei _L-'F'',IRE, BF T- -Zr''�Is��_:D I'.'_' -':+ i'T^.Y t*,ODUCIBF'' -TkUk --CLTY - - - -- ':)I' SECTION I. That upon tho acceptance of ;his ordinance in the manner and -fo..rm I:oreinafter (1e;,ignated, the right:; and p-.ivileg'es of said Beau- mont Traction Comp,,lny, unci of all other persons,natural and cor- porate, claiming any interest in the samo,, under the franchises and no rmits heroin bo -Core refor'red to shit?_'_ bo and they are hereby cancelled anti annulled, .ani all of the afor o, said franchic es and per- mits shall be and s+,a.nd repealed, t3-nd it lieu and substit-ation thereof . the rit;hto, pri-,:ileges, franchises and ;;ormits herein-fter set fort -h an(i provided arc hereby granted neO.d Poatan-)-ilt-Traction Company, herein- after Call(,(: gra:ni;eo, for tl.o period o{' Forty-two yoars f-rorci tLe 7th day of October, A. >>• 1910, t3ubjoct to the terml,, conditions, provisions and rc ;ti ict:tons h nreinaftor rier� ti onecl: provided it is distinctly understood that by the zoreLoinL repotal of:' said franchises an:- permits as above :yet forth, it is not int(.,nded I,o invalidate, the bonds of the grantee heretofore is sued and now outstanding but to substitute tho franchise hr:rel);,- €;r antod <:s -the basis e=nd security i:or said bonds in 11G11 0=: iw.id ffon(:hAsoi : on(1 �)_ rmi s hereiniabove repealed. Fz C^? OTT .T_T. GT: A , T 'lI -D DITR ! 1011 . That the City of Eeallmont does hereby grant-.`tOthe said grantee, itry saccessors, and assign^, the right o.f WaY •for. and t}lc, .riglt., r,riV1- leges land franchise to construct; maintain, use and operate, ,y,teta 0f �)I ocltrio 'P.trE�F;t r il,rra.y; Frith the necessary. sv� i echos., aura- outs 'a.nd turntables, in theClit7 cif Beaumont; 'upon the streets thereof hCG 17i8.zte- LIo i'f-nRteI Mad Provided to .die deli n�t,ec�, lor, . nurp63 e ey t?"C:C tq 11,7071 ,+rlich t��1i: L,•t;v._tPC _ Poi? O;t1Gi''.t } yr i, 121 7 TO'e t�� 1 T£t;T ;7li7 c.1 on rl `'t =" ;i>t :'_'0 1 �'� Lcier :.ver,,tc; i3O :ilea ' treet, 01� ;lila,. IJo t~ l treet ; > 71 r ^tre0t, or, -'cork ; trcot from Crockett :-tre,. On ; -rletti ."i`lenue -P om . &.rk .` tro0t to ' abine Dass =Ivenue y OilE F-11' E� gTrenne .fr011 _,rm©fit ^tvcnuo to _)_.:.s'ock=vcnuQ; nt1e --`�� 2 ab in , -'ass ivrcnue to Fifth "treet (no:; Erving •9vE;nue )' on T-i--Lh 'tren, t {Tr��in" .+Trenue) _'zorl ' ht�mrork '�vonue to ?),tueettQ ; t=ect; {'ro,,) 'ryi'th �'troot (Irving _':vcnuo to � ) Fil]x`:)i;Ci ."�V(;21119; In ',ov;,1 �t-ec—t :'rom _:'t??'ii t-: cet t0 ton Vi reet; f'r ,� tli Oi1 0jz._ c ,.trfet 0-`�G[`1i11 tr0ct; on Qrlln Ftrcefl from Gi3lTrent0h 'trect t,7 t:', I abinE; I 77: ' t''E'E3t dry' i77' j'J?"f (ti "J .`,Vrt11G %; rl Crockett `'treet from 7a rk ^t � ePt +� ,�rlE ; nr F tre(:t ; o.: Orlc an `treet C r-)ekett `'troet 1,0 .htii�i ` treot lrxu ,deans t0 2. ,arl -treet, 011 ;ibert f Avenue ;fr.)t Orleanr, Streot to :`_tlCnolia ' vonue; on .,IFnalia .vcrnie ''x�m ;i11er�;�T �_vf,nuE; to i;;+,, limits; on Calder !ivenue From 4(.arl^ "treet ',o cr limits. C D SECTION H. GRANT AND EA TYCS1• That the City of Beaumont doe> hereby grant.;.to the said grar_tee, it quccessors and assigns, the right of way for and the right, ,,,jrjWi- leges and franchise to construct, maintain, use and operate, a. system Of electric street railway, with the necessary snitches, turn- outs and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be designated, for the purpose of transporting passengers. ti _ , ��• _,_� , .1Li ;�+12it%3= '�1;�tslZtT_" '•-_...__�. «,.s�i-�`_ cTRLEETS CO 111' D Rv "' X11 fGNI�E. That the *,treets over and u;?on which the rights aid privileges shall extend ,p1a11 be; (a) The streets upon which the grantee is now operating, using and m.trintrLining a line of street ��aillva.Y which are as. Poliorrs, to-4rit: On 2e,,:irl ;)treet from Calder .Avenue to 72.1ilam stroet, on Milali-n Street from Pearl ``treet to Park Street, on Park Street from Crockett stre,­,t to the City limits; on.,Fn. mett Avenue from ?ark "treet'to �.abine ?'ass Avenue; on Sabine- Pass Avenue from Emmett Avenue to s:.Ilamrock Avenue; on :'2hamrock Avenue from Sabin: 'Vass Aveme to fifth Street (now Irving Avenue) ; on Fifth Street (Irving Avenue) from "hamrock Avenue to Doucette .;street; on' 193300tto ,-i-reet from Fifth F%treet (Irving Avenue) to :railroad .Avewze; on Royal `'treet from Parr Etreet to Galveston Street; on QW.: ve ston t-reet from Royal Street to Berlin Street; _ on s- v, Berlin Stree ,,froT Galveston ;?treet to the Sabine & East, Texas ?ailway; U SIHt;I'? OTT T_T_. G-Rv iim l"D DU LA's 1011. That the City of Beaumont does hereby grant ,to the said grantee, Its, successoi-s a.nd assigns, the right of gray for and the right, privi- leges and franchise to construct, maintain, u; -;e and operate, a system of eloctric street railway, with the necessary switches, turn- outs and turntables, in the City of Beaumont, upon the streets thereof hereinafter designated and provided to be designated, for the purpose of transporting Passengers. cn;� rm C0 r.'it'P'1D BY "'RA11CT-;IcE.. That the ;; treats over and upon lrihich the rights a•;id privileges shall extend „fall be; (a) T'he streets upon which the grantee is now operat-ing, using and a line of -,treat raiiivay which are as, follows, to -Veit: On Rtr ,et from Calder Avenue to 1S.treet, on lilar4l street from Pearl Street to Park Ftreet, on Park Street from Crockett �.tre,4t to the City limits; on Rmmett Avenue from .mark ,street to Sabine Pass Avenue; on Sabine Pass avenue from Emmett Avenue to :hNmrock Avenue; on Fhamrock Avenue; from Sabine Pass Avenue to Fifth ,`treet (noir Irving Avenue); on Fifth Street (Irving Avenue) from "hamrock Avenue to Doucette F,treet; on' j79tjcette Street from Fifth Street (Irving Avenue) to :a.ilroad..Avewab' on Royal !tract from Park treat to Galveston Street; on Q;a-lyeston from Royal Street to Perlin Street; on l ,Y! Berlin Street..from Galveston c.treet to the Sabine & East Texas Failway; on ColleG0-/8t4-eet1 frorl;Psarl street to Avenue C; on Crockett street from I'a.rk St-ree� to Orlegns Street; or, Orleans Street from Crockett Street to' Bonh€ rn S`treet; on Bonham "street from Orleans to Pcarl street; on Liberty Avenue from 63,Iea,ns Street to Magnolia. Avenue; on. �11 agnolia IAvenue from tlberty Avenue to City limits; on Calder Avenue from 'earls C'treet, toy c ity Limits. ........... - - (b) rizch: c� the: �t;her'.str�e> '«.ihi'n; •the: cor,oxa'te_'lmits of ;:.tha: cit ,' of, esumbnt €�s ..may ,b'a de6g fed: br ;resolution,.or ordinance the City :Council : of• the' CitJ of , F e�u�orit,' e,s 'streets.,. upon,. -which -the` 9.aid , street railwaf yr3temc xtend'et1';` (c_)'. '',.ucn. streeus or, h vhWays. �L;,:Maf bo 'hereafter incluse_.. - ��i hin tj�c'. c6.rporate l mitg of thd�` `C,�ty of °'Boaumonf' 'upon the 8ranteo' -may-- be opera. .'t 6:."'1 s -r a_ iizvay ,at_ tha tiine,•of -sudM; . n_ -. - T()iV 4. `. sX_uc"T,r ;.A{i D., 7ti rr; ^: . , .)hilt the. rigiht-s 'and,,, r.vv i,leoes heroin _eranted'-ire for ,� single i' tx€�ck `��reet Taitway on1: �,: scop+.•.1;o tho nxto�',,jc�� rho: ` tTiicks .��rhich 'S ill .gr'a itei ..to ,, . chan�g �ai.a on__thor `'of : gay f)o her( aft�or-wit.horiz VQ a..cl_4un1cJ 'tr:3clt ; :roZc? , by. t it under such =e[.uh,.ti ons as the 1 ee shall 'c;onstriiet no switches or turno o, -,e no,� con,)tri-Lcted, except by permission Ay. of Beaumont.. c?:CmION :*,7T-ITJ IJ �r v i'T,i.m nO CITY - in consideration of the grant ox thin franchise, on the first c;h ruary 1917 anc; on the first day of February of each year thei•e- ;r the grantee shall 1-aZ' to the, City of Beaumont ono per -,cent of , its exoss "r,eceipts of fares for the carrJ_aCe of passengers for the year end- ing December lot of V -1e, year preceding, and the percentage of- gross receipts to be pa-Wi by the grantee nay be increased by the City Council of the Cit; 'of Posumont ai; 'an -y tiro after October _27th, 1927, to ma amount not to exceed two per cent; oi'' such ann«nl gr.o:7s, recaipts'- It i's expres^ly understood that the payments in'.t'his section pro- vided for are by way of a bongs to thou City- of�'_-eauraont, and "not by tipsy of occupation or franchir e tax nor tax of any kind; and same shall in no manner af_`'ect or impair the City',; right Mg. taxation azaznst (b) Such of the other streets within the dorporate limits of the City of neaumont as may be desigmated by resolution or ordinance of the City Council of the City of re€nmont as streets upon which the said :street rail,"781y system may be extendedi (e) OkInch streets or hihvva:T;; as may be hereafter inclused within the eorpoJ1ate limits of the City of Beaumont, upon which the grantee may bc, operating its railway 3ystern at the time of suehdin- clusion. QECTION 4. ? 3GI�T n^fT, };J5` ,?, ^-11CIrc ;,T� SWITCHES. That the right s and priT;ilega}_e. Lein granted a.xi for a single track street railway only, e7ulept to the; r,,7,terit o�hedot l�je� tracks which said gra,ntemt�.y 1)(,' aft'e._r e�a�,horizd to .change said � road or portion Cher oof- to a clo"ble; track _xoac? , by t.e City Council of the City o,_ Beaumo=1t. under such re:lulations as the eater may pre- scribe. 01h the grantee shell constrilct no switches or turru-ts in addition to those noc., con^tract0d, except by permissiorf tho City Council of the City of Beaumont. 2'.IJIJUA,L T10 CITY. That in consideration o, the grant of this franchise, on the first day of February 1917 and on tho first:, day of February of each year there- aft�x the grantee shall 'pay to the City- of Beaumont- one per cent of its gross receipts of fares for the; arria,ge of passengers for the year end- ing December lst of the year preceding, and the percenuage of groSs receipts to be paid by the granule may be increased by the City Council C r. 1 04D7 i -n Mn amnl7Y hin the corporate limits of tsie, City of Beaumont, upon which the grantee may bo operating its railway system at the time of suehdin- clu,ion. ,91111GLE A717 f rC=ii 4. That the rights and pr. i 7AleCes herein granted -an for a single track street railway on�_;T, wept to the �!xten, of h dot ;,$V v txf-i.eks which said g-rantee,�may 1>e herf,��ft'e.r authorizd to .change said road or portion theroof, to a double track -road, by to Gity Gouneia of the City of'_ Bea.umo-it under such ro uLations as the atter may prq- scribe. -k-,'h&: the grantee shall construct no switches or tur1utg in addition to those nog: contracted, except by permission)f: the City Council of the Gty of Beaumont. That in consideration of= the grant of this franchise, on the first day of FebrRAry 1917 a:nci on the first day of February of each year there- after the grantee shall to the City -of Beaumont one per cent of its Cross rec eipts of fares f or the carriage of passengers. for the year end- ing december 1st of'thn; 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 Boaumont 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 pa`rments in this section pro- vided for tire by way o_C a- bonnie to the City of Beaumont, and not by way of occupation or franchic e tax nor tax of any kind; and same shall in no rn<a,nner affect or impair the City's right ibf taxation against the grantee Lander present or future laws, nor in any izianner releive or eXempt saki. Cr&ntee from the paynent of tiny taxes which array be legally imposed. 6 C,ri ti�iUi; ) MRAD ' 2TRERTS, BTO , That if . at any t,irne the, t:ity shall dosire to change the grade of any street, or. �,ortion the roof, traversed by the lines of the grantee or to improve the same, by shelling, rracadamizing, reBhelling, remacadam- izing, paving or repaving or re=p,,iring, and shall provide for such improvement or change of grade by ordinance, then the grantee herein shall pay thea cost of ;,u.oh, improvement, or such change of grado, between and under the rails and tracks of its railroads and turnouts and .for two feet on each side of the rails thereof; an well as the Bost of changing its tracks to conzonii the •eto ; and When the City is ready to proceed with the improvements, repairs, or change of grade of such streets or portion thereof, t -,e uity, through its proper representatives, may cantor into a contract for the con!„traction. of such improvement, or the making -L such repairs or change of -,rade, and charge to the grantee herein its proper p,O-rata of then contract price of same for the whole width o:” the street as sha.11 bo asrassed by the amity council; i):ro- vided that tho City Mayr:)rocee' 'o • th« enforcement of the obligation of the, gran't;Of- t o malye: o11c� improvere- ent, repairs or change of grade, as provided in the Coneral lav%s of thn of Toxas by Act- of may 10, 1909, or +s )r. ovided in the; Charter of the City of Beaumont; but in each L ease .the obliga.ti:)r, of the grrantee to make and to pay for its pro rater of such improvement shell c =.Atait e a first lion as hereinafter provided; .rrovided thia.t the grantee, shall not be requi� ed to t•ric any of its conoxeUe trach:. :)r. I"":a.veraont folu^.dra•taions now laid until Bauch time as the City t3go feet on each side of the -rails thereof; as well. 'as tho.cost of.. changing its tracks to conform theieto; and when the City is ready,. t.o..,;_progeed with. the iiap�- ovom ents re" j),a ir s, . or change of -,grade of such streets or,portion thoreof,t.-o Qity,,<-througlq!,its pr 6Q'Par' repr esontatives, may enter i14.o a contract mor ,t Tic, -const rqc-��4 on; -of Suq1_.I.-,imProv(3ment,,, or the: makin, .6f,such repairs..qr change.. of . 0,r�ilde And., charge to, the grantee herein .-it.s -proper. pro-!2!ata ,of .t"O' qontract;' pr -ice,'. of ..'s.a:me f or, tha-.i whole width of the street as shall be assessed by the amity Uouncil; pro- vided that tho Oity ma:y for the erl'forcemeht of the obligation of the grantoo-to make oncl.-L improvemon't, repairs or change of grade, as t1to of Texas by Act of may 10, Provided in the Soneral lavis o -f thr,� 1909, or oz -,provided in the Charter of the City of Beaumont; but in each case the obligati')n of the grrintee to make and to pay for its pro rata of s uo 11 improvement shall consttute a f-J--st lion as horeinafter provided; Provided that the grantee, shall not be 2e(j.'ai-red to widen any of its concrete track ,)r. pavement foundations now laid until such time as the City shall legally provide foi- the repaving or otherwise improving or repair- ing, as avove, of tho str;'-',et or streeto o'_- portions of sa-me whereon said concrete trac7r-, fonndatioTis, are now located, unloos 4h(I grantee should soone-_r rebuild its track foundations, taus in either of Which events the p�o- visions of this clause shall become effective a:; to all such portions of streets so improved. 2rovided further, that whenever the grantee sh—all7h-e-rf—bafffer build, or this City shall bia.ild for the grantee and the grantee pay for any concrete :foundations under the track;, the City Engineer, actim i under direction of the (;iter Council shall be required to establish a j permanent paving grade for such concreting and track construction, and the tracks shell be constructed to said grado under the supervision .of the City Engineer, or such other agent ar, the City Council.may direct, and shuuld they City detercaine to change the grade of any such con- crete construction ongra,dos hereafter .so established, within the Period of ten years from the date I)f requirement of such construction, it, the City, shall be required to bear a °tion of .the expense of reconstruction caused by such change of grade, that is to say, the' proportion of reconstructiori e4pense in such case to be paid by the City shall bo as follows, to -wit: . Mf the change of grade and construction is required within* the first year after the original concrete construction is required, i all of the expense thereof, if within the second year after requiring the original concrete construction, ninety per cent of total cost of change, and ten per cent less for thelapse of each additional year, but aster the lapse of ten years from the data of requirement of original concrete construction, the City shall bear none of the expense caused by such change of grade. SECTION 7. COI3CREl'E FOUNDATIONS. 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 Avennue from Gulf Street to city limits, and on Magnolia Avenue from Long Avenue to Elm Street, on a good substantial concrete foundation, at least six inches in thickness and seven feet in width, under ties or stringers, and shall hav-_ e same finished and completed within twelve months after acceptance of this ordinance, and shall maintain such foivadationo, as well as all concrete foundations under it;q.,other tracks, in good condition And repair; provided, the City shall ,hermit; the operation of tho cars over the aide of such streets dizring such construction, when practicable. ,; That the grantee her�lin- sho.l? ` also, when required by the City Council, construct concrete foundations of tho character aboue dos- cribed under .its tracks, on any street which the city of Beaumont shall ,macadamize, shell or pave. SECTION S. epRrrl iNc CAPS• That' the grantee shall procure and keep in good condition and. repair a sufficient number of water sprinkling cars with which it shall sprinkle not to exceed twice in one day from curb to curb, 8000 lineal feet of such streets, over which its; line extends the City Council mA d0signaue and at such times as it may be so required, to do by the Uity Counoil; prodded, that _ for every additional street mile of track or portion thereof, the grantee shall sprinkle 720 feet additional.; provided further, that nothing in this section (,ontajned shall be construed a t affecting any legal right which the City may have 'to compel the grantee to sprinkle a greater amount than above pr. ovi ded. �ECTIO119. a (A`R OF STREETS, TC. That the grantee shall nso thin grant in such imnner and maintain its linen of road and operate its cars ao as not to injure the said streets nor to interfere with the use or the omme by the public; and in doing construction or -repair work on its tracks, the grantee shall per:-. form same in such manner as shall not unnecessarily interfere with the use of the street by tho public; etind any injury to the streets in , connection with'its cons+ruction or repair work, the grantee shall repair at its cost. The mantes shall at all times keep that portion of the street and its iounda.t.ion botween its rails, tracks, siding=s and turnouts and for two feet on each side thereof in good condition and repair; . shall keep the top of it q rails on a .level with the s, treet ; and construct and maintain in good condition unci repair a `-Ood and sufficient wagon -crossing from street lino to street line over its tracks o at the intersection of all streets, and shall construct and maintian over itb tracks and for two fMet on each side thereof in gins con - dation and repair a gnod and snE ficient.foot crossing on each side of the street, in such manner as it may be directed to dQ from time \`•,,.to time by the City 8ouncil of the City of Beaivaont or other govern- -ingbody of said �it�, of Beaumont; and shall pay to the City of Beau- mont ones half of the cost of all culverts from curbing; to curbing, which the City may construot o oause to leo constructed under its tracks, and shall also pay to the City one half of tho cost of mainten- ance thereof; provided, that nothing; in this vection contained shall � be construed as a.ffcetint any legal right which the'City may have to compel the grantee to pay a larger portion of the costs of con- struction and maintenance of culverts than that above provided. SEC`?'SON 10• T`lAP0_R RY ;yjiS3?.:aTT St T . That for the purpose of makinu repairs or improvements, the Qityithrough its Mayor, may at any time require the suspension of. the 16poration of cars over any portion of said streets -until same may? be 0'afely resumed without probability of in jury to said iig- provemexits. `- SECTION 11. Tha.t the slid street railviuy lines shall be c3oustrueted, .; aintained, equipped and operated in first Blast; syle and condition. The grantee shall provide, keep and maintain a. sufficient number of /,first c3,as' B modern cars of not less than double truck, unless .single. `V� t�u.ck ckilrs.- are permitted by the City Council, for the comfortable �r' nsporiat.ion ol passengers, and shall operato same on the follow- s che'dulesq to -wit: - E{ On Calder-(;ollege lint; and the,'Sabine-raagmolia lines, the 11cars s�iall follow each other atintervals of not more than ten minutes apart; on the Park trdet line, the cars shad follow each other at intervals of 'not more than fifteen minutes apart; on the royal �::treet 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 r -earl 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. ,.he vitt' council or other governing body of the city of lieaumonti shall have the power . M1 hercafter from time to time to fix the schedules upon all linos or Any of same as it may doers proper. r'r.ovidod that no oehodule shall here- after be reduced to less intervals between cars than those h ereinbe- fore provided on any line to ;such extent that the average gross earn- ings of all ears required on ouch linos to comply with the said reduced schedule, shall fall below a, reasonably profitable rate per day per car. Provided further, that the City Council through its 'Ha,yor or by resolution, may require of the I.Iana,ger, President or other proper officer of the grantee to nalxe an affidavit, whonover callod upon to do so, which affidavit shall show tho 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 ears and such officer shall have free acdess to all car records and free transpo.ctation on all cars for such purposes, Provided, the grantee ,can .legally issue the same. Cars shall operate on above schedules _from 5:30 o'clock A. M. to 10 O'clock P. Me on all.lines and between the hour; of 10 o'clock p„ He and 12 o'clock mid- night, 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 hobs of 10 o'clock v• Me and 12 08clock midnight on tho same schedule time hereinbefore required between the. hour's of 5:30 A. M. and 10 o'clock P. H. i31'iii` ' l Vld 14 • FARES AND TR, ASTERS • 'hat the grantee may charge and. is anthorized to collect a fare of five cvents for each single tri -p for each p€s.srvenger, and shall provide; convenient transfer cert=ificates with close and convenient Connect ion of cars, at the Po: t _ offico corner . and at other convenient point;' and such transfers shall be provided from and to all of its conn et'.'ing linea where a change of cars is necessa.r r� o make a con- t inixoup trig, but such transfer certificates shall b&',gaod only when resented by the Name, passenger on the first alrailable a:ar on the con- ``nectingn o1nt; ��rovided that not more than .one, transfer all be issued. on a singlo,caah fare. School children shall be: carried on their to and from school at two and one half oent;v- for each ;jingle trip ltnder convenient regulations of the City Council as to tickets,- <Rnci sue? t? e kPts to be good only between the hours of 7 A. H. and 5 P. M. CY ildrbn under five years of age when accompanied by a person payirig fare, shall be 1 peM- itted to ride free. City police officers, and fireman in nn:iform shall be carried free of charge as long as. such is not forbidden by law. SECTION 13. BOTI]?ZII z CF , Rtli]JS 1tV'tD 1'FRF_TT. That in case the rails are joined by any other form thAn a cast welded or electrically weldod joint, there shall be need some good and apffoved systesn of bonding which will connect the ends of the rails in such manner that the condnetivity of the joints shall be ouch as to render there capable of preventing in no far as practicable any tendency f;or the cnrront to shunt at that point, ail as nearly equivalent . to the carrying capacity of the rails as necessary for that purpose. , The rails o_° each single,,track and the inside rails of the double track of all tracks shall be c.�Dnnected by sufficient cross bonds of copper wire spaced not more than o#e thousand feet apart, and properly secured to the rails in such manner zVs to secure proper conductivity. The current to t}_oir plant so as to prevent damage Froin electrolysis as effectually as practicable. And the City Council of the City of Beaumont shall have the right to make or cause to be rade at any time an electrical survey to determine whether or not the rails are bonded so as to prevent damage n from electrolyiTis as effectually as practicable. L'FCTION 14., R,PAIRS, FTC • That the, grantee shall make all repairs and do all construc- tion work affecting th() streets; under the Supervision of the 6ity Engineer, but the City Engineer shall have no authority to waive any, requirements imposed upon the grantee, either by thib franchise, or by resolution of the City Council pursuant to this franchise or any other lair; a.•nd it is hereby made 1 -0 -he dnty of the, said engineer of the City of Beaumont to supervise all construction and repair work on. all street ea,r linen of the grantee involv.tng a.ny interferance whether temporary or yermalli,ent, with the gra.d6s and levels of the streets of the City, ,and to roajuire thy; grantee herein to promptly cause the streets to be restored to fit least as {rood condition as they were in before such construction or repair work. Mhat _the, grantee herein, shall in constructign or repairing the roadbed z n:, tacks for said raiiway, restore al! streets_ and avenues 'eo pied and occupied by it to -their former condition by seiilling,- and packing thoroughly any and all excavations made by them, ani- doing A and performing, whatever may be, nocessaxy in order to'make such �es-` toration, and failing to do so within ton :days after notice is liven. by. the ri:iayor or City CouncJ-4 the or City Council may order', he 19 '�k alone, and thQ grantee shall be liable for the cost of said wo,. % and, 7xch, cost shall be a first lien upon tho rail}Fr�ay� Qgiiipment'', a!;l� _ 1 prope�:t� and franchises of said grantee. ' SECTION 15. R IES • %�, t That the Cit y Council of the City of, BeI�ealunont re:�'�Lxv_QS,` th right at ani timo to require a change of the rails in any trach or tracks of the grantee where this may he reasonably necessary to vent the impairment of the street for the use of vehicles or pedestr- inns; and whenever any new tracks are 1,110 be laid, or any or the pro - sent tracks are to be relaid, or any street over which the grantee's tracks e: -tend is to be paved or repavod, the City Council of the City . of BeAunont shall have the right to order and reg1; re the grantee to construct or reconstruct said track; or rails of such character, si:,o and dimensions as said City Council may prescribe. SECTION 16. ABA 11DOPTi IIT. That the ur antee shall not abandon any part of the afore - ,.,".'said lines c ithout the consent o_+' theCi tyke essed in the form of an Ordinance authorizing such aba,nclonaont; and the; said grantee shall f be required to operate all lires nrn., I;uilt or hereafter 'o b© built by it or its suece.^;orC or assigns as one system of gi,reet. `ailway. `'ECTI OiI 17. 1 USE OF TRACKS BY O'_'Ii }Ii That in cage any other person, firm or corporation 'shall obtain a franchiso from the City of Bealuaont for the construction and operation of a street car line over the streets of the City of Beau- mont, the City reserves the right to permit such perHon, firm or cor- poration to operate' its cars ovor any single track of"the grantee for a distance not to exceed eleven hlandged feet at airy one stretch, 1 and over any double track for its frill length, when sane is reasonably necessary in the public intorest, and for the public- cionvon:ii nce in the opinion of the City Council. I And in o awe of any interurbbn r<ail way runn#jL.A, in4, o the City o.f Beaumont, the City of Beaumont reserves thy: right �;o pe�rnit' or require such interurban railway to operate its pao-sender cars over so much of the track of the grantee as the City COuncir�, �Tla, F.\'�deom reason- ably necessary in ,',-.he public interest and for thee' i�1�1�;ic cone fence to en.abl�, such interurban railwa reach the main and. aco - Th(--,, r)(-,rnits above; Provided ?'or shall Oo gr. ,.need only after the grra.ntae shcail have been ac{ ordeod'a reasonable o,?; artunity to bo heard ,-ii t -h roSard to tht, ouc rtion ,)i the reasonable )-{ece-^its- for each permit, and ;;ab feet to reayona,h_t terms and conditioml as to the comm. pensation -md division of tho coats of anti r" ogula'tionS of the; t i:a(; and manner of opo ra.t i on of (.ars; �d �� i c1 ;le rt�i t5 shall in no care tak-O erect until said tf 'IT1s and C3OnditiOnc? .3h,,:) l have 1)cen determined, as Tollows, to-%Yit ;i'?3c n ?hc;h is Lr;_)rted, the Oit,. Cout)cil shallname a time. withir_ why cli '11 -hu ruay a,rnree I1 `7}"t m -Lid t�]-.nd CGn- dit 1{)a'!!• I . hi ,iii; r t.nF. tt ;-1 ,i��E a n� tie tic? parfi;ic�;� cannot areo , the matt,,r shall bo ubtitte(l 't,o threo t rbitrai;crr.5, once to b{; chosen by each of tile parties , and cele third by ,hese two. An award of y t�,vo the -roof ^ria .1.j_ b(? ' fn i.1_ and birl.ilint; upon both yt'.}"ti es. if no 1?lado ;di thin nlr-e':"t y ii,ays after appolntt:�Cnt of the €'r- biuiatozs, t o, `,-.ity Council r';;` by resc�lutioxt the terms and condi-tion;-, find carie shall be- and bindi'rit, can both parties. 94cz- qr no';" 7 i71e Of r-'tre,"3t or t.7i`% inter'L].Yban railway o all bo eonstro-cted in the city limits of the said City of Beaumont by €zi-i ot-3-ic;r c:om--.any than gf3,id E;rantee, '?she city reserves the po*i.'er to rer?uire the ci=,"ntee lie i-eof -:nd m7 -c -h (7thor company or co?r1- panies to proviclo intercna,nCeablo transfer, ahich shall iso mutually accepted; provided that no ,uoh Brill ever be mt-tde by the cit�y Council 7zhIegs at s'he :;a'ino '�-1(QF) roasonable p;'ovi ,ions shall be made by the City council voverrtine: the division of fares dor such 00g--Octied sOrTi lee; and PrOvidod fi1'c'ther t-liat tl'? (:, will only Wxerci se this power when 1 eagonably nece-9sary for the public. interest or convenionce. n lr.'L.Tj N. .i�. Trl .Ir" T`, ' c� tiTsu. 'O".at the j_:czmtoe sh<? l ma1:C,,,,aj1i standard �Tc�ur'e linea ouch L� r C, a9. are now i.r, u:3F;, and ]_)"t €1.l -'.'lLtu c: const ruction, imicom ot1?t r,C ,ise provi�"ted by ordinances, shall keep :its tracks midway :of the streets and When a. double track is p e_xnitted sha"Ll 1e7 its double tracks or switches on each side of tho middle of the; streets, covering no greater part of the stroot than is reasonably necessary for safe paq. sage of carni, and it shall have the right to la -y dorable tra.ckn on such portions -of the streets covered by this franchAre as it shell hereafter obtain special permission for from the Oity Council. AiECTION 19. yy�� , O^ , -p t, ; ,i, ♦�. BY :1 my 1�J, G \7 9 f��.T. V.I� SJ�L �s •F'1 /.n Cf 1CdJ Si _L �/�. .-. .. That in any case where it is herein provided that the grantee shall perform any act and it sha11 rail to do so croon reasonable notice from the r: ayor of the Olty of Beaumont, of a requirement by the City Cottnell that it should do such act, the city shayl have the right in addition to all other rights,and remedies herein provided to do or order same to be done by, and at tho cost of the City, and the cost therleof, with six per cent interest per annum shall be paid to the City by the grantee herein, on domand'by the vito for the payment the're- of ; and in the event of failure to make payment thoreof to the City within thirty da.yq ,after ftema.n, said indebtedness shall thereafter bear interest Cantil 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 indebtedness, and in-&re::t, and in addition thereto, a penalty amounting to ten per cent of such principal and interest, and all costs of said snit. "FCTION 20. L7:T'Tf O C TY0 That in every case where any sura of money, whether by way of debt,, fine, forfeit, Donalty or otherwiso, shall bscomo Payable from the grantee'to the city of Bea-amont' Candor any provision of this ordinance the same Wiall be lien upon all the Poles, wires, rails, tracks, cars, franchise._and other. proporty of the grantee in the 0ity of Beaumont, and as to all'; UUUjltiy ana municipal taxes; € nd all .-A3--sons claiming any right or :interest in said yr. oporties under the grantee, \�rhether under contract executed before or aftej., t1he accrual of such ouch claim :in favor of the City, musttake notice hereof and poc-rtpone f,hr claims to the said claims of the City. FA C:`?' 1010 21. ANIMAL REP�TITS. That for tao purpose; of enabling the Uity t;o determine from I, time to time the schedules to bo maintained and for enabling the City to frame real:�ona.bl e-. orCiinanceo relative to the said grantee and to determine the amount of c=ompensation to t,o paid under ;iection b hereof,_ the grantee shall make to the GitlT Council annIzal roports, shWins its grows receipts Trom all souroesp the amount; of its Atock and bonds `l outstanding and the actual sums re=ceived by it for ahem; the interest .due upon its bonds; all other indebtedness of the granted; the number and claf3 se s of zts employees and salaries raid to each class; all other jexpensos incurred by it in suf_f-icient, detail to render them conveniently intelligible. Should the City Council desire additional information for the ,urpooe of this section, it ray have the boaokEl of the grantee; audited. or cause them to be., produoed bcforca it for in- spection at any meeting; may call the employees of the grantee or call any Person before it to give evide=nce upon the ratters and i things then under inquiry, and compel their attendance, as provided in sectf1pn 97 of the Uity Oharter; and the grantee shall keep all of 0 - its office$ in the City. of Beaumont, so that came Tray be accessible- at ccess bleat all times. SECTION 22. SUCCESSOP S AND ASSIGNS. "'hat every duty, obligation and restriction herein. imposed upon the grantee, Boaumont Traction Company, sha.11nbe deemed th have boon a; snned by and apply to and be binding irpon any person, firm or cor- poration sueeeeding to the Beannont �Vraction Gonpany in the operation of said railway lines; ail all rights, claims, lsins, remedies, renal- % I Beaumont against the Beaumont 'fraction company, shall also exist in favor of said City against any siiccesso r, receiver or assign of say d Beaumont Traction Company. F-ECTION 23. EXTEN;i 7 -,TON OF LIITF . That tho grantee shall exten(I its exi;;ting lines or build additional lines of :street railway_ along the stroots leading Mato any territory within the city limits, when required so to do by resolu- tion of two thuds of the City Council; provided fTuch extensions shall not be required by the city voiincil isle sa after due not ice to the grantee and e hearing1•- upon tho matter, it shall appear to the Council that such e.xtenpion will yield an additional gross annual revenue Sufficient to pay .the additional operating expense to the grantee entail- ed by reason of such extension of its lines, together with interest at the rate of" per cent on tho cost of said. construction and the extra equipment required to operate such extensions. The cost of such operation shall be determined by comparison with the average cost per car mile of all cars operated by the grantee, for twelve months preceding the hearing. Provided that no such extension shall be required :Cor three year; after the acceptance. of this ordinance. And provided further, that in the event of a disagreement between the. City Council and the grantee as to whether the proposed extension will yikld the additional gross annual revenue hereinbefore required the matter shall bo referred for decision to three competent persons a arbitrators, one to be selected by the Mayor of the City of Beaumont, and one by the grantee and the thWd; b,1 these two;the decis- ion of any two of the said arbitrators to be final and binding upon both parties; and the reasonable compensation for such third arbitrator ti as may be. chosen to be equally divided between the grantee end the saga Citi of`Beaumont. ST,CmION 24. TERMINATIONS AII'D ROPPETmURES. a That this franchise shall stand te^minnted'€ t the end of the term limited by section one of this Ordinance ivile ss it shall be ter8 minated sooner by default of said grantee, its nuccossors or assigns, as provided in other sections of this ordinanco, ox by default of said grantee, its ouedessors or axsigns under the M,:rovisions of this section as ascertained by a. judgment of a (16urt of competent jurisdict- ion in a snitto which said 0 ty of Beaumont and said grantee, its successors or assigns, are -1-a rtio s and in Y-.rhdoh the forfeiture of this franchise i :i s ought . This franchise and all amendmento thereto under which the grantee, its successors or asps Etzs, may hereafter be operating its linos of railway in the city of Beaumont may be; ;forfeited and so ad juged by decree in a proper procooding in a court of competent jurisdiction, for the followini; clauses, in addition to all other causes in this _ ordinance pro,7idod, to -wit; FZ1S,T -Persistent or repeated failure on the bort of the grantee, or i{,;s3 agents. amonnting to �,vilfnlness or negligence, to maintain any schedule or sehedulr.,s as provided in this ordinance or vihich the City Council may hereafte:v establish pursuant to the provis- ions of section 11 of this ordinance; pro Tided, .ho,>revsr, a tenpa ary failure to maintain schedules on account of new construction or recon- struction work on its trucks )r foundations thereof,_ or on account of paving viork being done by the City, or on account of strikes, reason- ably unavoidable failure of power, accidents or other cat. ses beyond the control of said grantee shall not be a cause for forfeiture of this franchise. SECOND. =tny frau;.; or intentional deception or concealment practiced by the grantee or its agents in ma -king up and rresenting to the City its repow°ts provided for. in Section 21 of this ordinance, shall be a ground for forfeiture of this f xanchire and all amendments. thereof. THIRD. The grantee herein, Beaumont 'Tradtxon Company, shall a of the provioions of thio ordinance after x.,odsoiaable notice to remedy or desist there from shall be a groand for forfeiture of this franchise, a and all amendments therc:our, and all riLhts and privileges of the grantee thereunder, reCardleso of tiny other reya:dy prowided herain or author- ized in last or equity. T he 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, fornnor franchisee, permits, rights, or privilegos of the grantee, which, upon acceptance of this franchise are repealed and cancelled by the provisions of Lection One of this ordinance, EUTION 25. 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 -ah:ich the %ity Council my hereafter legally establish purpuant to the provisions of Section 11 of this ordinance, (temporary delays on aecoiint of now con truetion or recon- struction ;work on its tracks or foiLndation;x thereof, or on account of paving work being done by the 0ity, or on account of e trikes or reason- ably una,viodab7 e failure of power, accidents or other causes beyond the control of said grantee Dein; exceepte3d), said grantea shall forfeit and ;day to the City of Beaumont a gum not less than $25.00 nor more than $100.00 for cash offenso; and each day upon which such wilful or negligent cIef:aitlt or failure shall oc6ur shall be deemed ,a sejrate offense;' and the city of Beaumont shall have a first, lion of the char- acter, extent and priority defined in yeetion 20 of thin Ordinance, upon tho property of said grantee t6irir the Payment of all such penalties and fo-j"feitures and such penalties and forfoitures 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 'lof the; Gity's intention to invoke; the remedy herein provided, the i;ity shall b:3 limited in the recovory of penalties a to the oxtent of ton 'day: prior to -filing the suit and ^rich-r,analties Q C4j m"� after fi.linU of such suit. -Nothin- he_rAn provided shall de-nrive thc, i.it;; of t'10 right of for- otture trader the provisions for forfeiture in this :Franchise. That in the event t- he j rant c o , its o_ facers or agents after written notice or aarnih;g from the City Gouncil or fho Hayor of the vitt of reawmont to s�vid gra ',toe, shall or nej;li&cntly fail to per' orm any drxty i.upose d. upon the 1�:antee by thr� ��1: ovisions of this ordinance, czaid gmantee shall .Lor:U t and prey to the �:ity of Beaumont a Burn rot le s, than Q25-00 nor mor(; than �,�100.00 for each offense; and each day iipon 1.,thich such wilful or no{ li�;ent (Z6f�ou�t—ar-_�o,,r�she71 - occur, shall bo decried a separato offense; and the City of Beaumont shall have a first lien upon the property of said grantee for the pay - went of all such ponalti es and forfeitures-, of tho character, extent I I and priority defined in=�'ction 20 of thiS Ordinance and such penalties and forfeztuxes may be recovered by the , i ty of Be<aurnont in any Court of .competent jurisdiction ;without depriving the City of its right of forfei.t,i.re under the provisions for forfeiture in this- f ranchise. SIC T1 tilt 2'7. That he grantea is hereby authorized to errect and maintain a system of overhead vires a,bo,ire, its street railway in the City of Boaumon*. for the purpose of conducting electric current and to use the rails for return circuit, or it may use overhead mires for the rettim circuit; it is authorl.�exd to operate eloctrie Cenerators to generate the current -,iiti; t;hich to propel the cars urpon said street railway; it is authori.zod to erect poles r,o place the wires upon; said poles to be placed on the ouE�ide edge of the sidewalk within the ci& lines-, and said. ;voles to bp not te,.c than 100 feet apart; and to be straight, shape-" r Z10 ly, of uniform size and thorou�Whly �pa.inted of :.�ut4h dolor as the U1ty Council may direct; all pole.-,, overhead wires and finttires to be first cuss in every respect, fitted with proper safe -guards and to be at all tines kept in good repair, a11d roplao6d unci re,newod :then needed. 11ro- viaed, that the location of all poles hereafter erected shall be placed under the supervisioncof the City r�.ngineor. Thai.; the rights e.»ci p:civilet.;es granted by this section shall apply on such portions of the streets of the City of Beaumont as quid grantee doee novr or. shall I eroa,fter be aiithor:;.zed to operate its str of railway upon; fund said grantee is authorised to eol-rtruct and maintain food wires upon its polos along its lines CEP street railway s now or hereafter operated by it; and may also maintain and operate such aiid,itional food and return clirrent wires as ate now in uno. But 710 fe:ect or : ettzrn current Wires in addition, to those now irk use shall he orecGod without 'pewraissi.on of the Gita; Council of the City of Deauniont; €end all such food wires shall f e thoroughly insula- ted and shall be Gonstruoted a.nd main'ained in good order and condition. `?''hat When new lines, or extensions of present lines are to be constructed, or renewals are to bpd made on any lines, the. City Coun- cil shall be Authorized and onpowered to prescribe therefor'the size character, quality and height of p Nlles, overhead mires, fixtures and safe -guards to he used by said grantee: 0-,E G TI ON 28. V -,-IBUM ES. 'hat each end of eve. y ear operateO by the grantee shall be provided with a screen or vestibule vvh_tch shall fully T)-: otect the per,,�ons opert,tine said car fruit wind and wea'thor 021 al.l Cara Operated between November. 1st of each year and April lst of the next y ear. `TICTICN 23. That th(, granteF shall at all timos make provision for. •6he separation of vihito ane negro passengers upon its ears in such manner as may be p',. oscribed by the Cit" Council of tnc,, Cite of Beamnont, or . by tie laws of thc: state of r:'exas. C"4CTIO1i SECTION 7c . Tii 11��_�L1 T''Iyj Yt7 CITY. That t;io grantee c,I-iall hold the Clit`r harmless, from any damages or injuries Go r.oparty or persons that may be occasioned b7, or in connection with the ;construction or operation of said electric stred r€3,illey system, or in connection -aith the improvement or ropatt of s"d . system or of any streets by the grantee. i CTI,")IN 33• ACC_2TAIIC1 v This ordinance shall become effective upon a.ecepta.nco at any time after thifty d Zrs and wi hin 90 days after the I-a,saa.ge hereof, which acceptanet slialt _be made by a :fnlfilment of the following terms and conditions: . IRFu T- Tho filing with tho City Secretary of tho City of Beaumont of a writing. signed and- sealed in the: mme arIcl on bel}alf of the grantee, by its President and Secretary, formally ao'cepting, the rights, pri vileges and franchises conferred by this or• dina,nce, and accep- ting and agreeing to be boiLnd her all said te:['Igs and conditions thereof, Bach- writoing to be a.ccom anZ(;d by a certified copy of resolutions duly adopted by th.o ,tock holdoi-2 and the Board of D±rec toxs of the grantee a,uthorizinr; the execution .) f >uc?,z writing. SI C011Dfiling with tho wity- �Specretary of the City of Beaumont of an ins:'.Ilm ;nt in rftT -t Ing ciul;y execilted and a,cknoviledged by the Trustee of t. -,,Ie bond holders of 2a.id grantee, and also executed by the -holders of all bonds of said grantee, agreeing i,o the acceptance of this ordif a.nce by said grantee and ratifying the ,,,92ne;. provided,if 'Uhro holders of at least two-thirds of the bonds give such consent, the ;;it -T CoWicil m .y accexxb in Iiuu o:C the consent aw any roiwining bond holders a goal and sufficient bond by the 6-ra.ntee in not Ins th:�in the amount of such remaining bond: guaranteeing the City against emy claim by the holders of .,uch rama.ining bonds against the binding force of R Lranonise upon thorn, such hon:t to be 11 sub jest to appx-oval by the City Council. Third, `she filing �� ith 'cli City `ecrQtary of the City of Beaumont of a similar w.r:i•ting -i igned by t;hcs Race ever of the Beaumont Traction Company exeuuted ir, pursurLnc o and under the authority of a decree of tree United totates Cii-ei)it Co -art for the Ijastern District of Texan in Gose No. 157 in equiuy, authorizing tho a zecution of such writing', by said .receiver, a Cin y c ort ified aopy of said decree to be attached: to said wri.tinC: so to be e punted and riled by paid RecAvor. Fourth. 'The furnishing to the Ctt. Council of the City of Beaumont of satisfactory assurance . r, ia_covided it ^cation 34 of this ordina.nae. Fifth. 11pon the payment to the i:ity of F ee.umont of the in- debtedness of the Grantee to the City of Reanmont in the, 311m of 04039.97 Co aring tho City • r; claim for on V'!,-1.pnol a, And Liberty erty Avonuee, a,nd for paving- theince section of Park and r owio :Streets, aid the sun of .0500.00 additional to cover fee of uit1y to its, spacial attorney for services in connection with th:ia ordinaneo. If the foreg;oin` proviF Bio s of this pec+ion shall not be com- plied with within the, said r1r riod of 90 days after the passage of this ordinance, then this ord i]za,nCe shall at once become void and of not, force or effect, and stand ropeal,3d without further action by Elia r.it:-7 - -u Council unless �h.e time .for compliance with thea provisions of this section shall be extended by tile, City Council of the city of Beaumont for reasons deemed. sufficient 'by it. � If this ordinance shall bo aacepted and become G ffeetive in khe manner _rovided in this �,,eatton, then tho suis:, of the .t;ity, of l eutu ont againet ''the grantee in the "tate Court, now pandi.ng, and her:oinbefore I referred to, shall at once be disraissed by the c;i t;Z of, Beaumont at the cost of said Grantee. j r c P C r I 01 34. 1 C r_ 7iT m iJ;��f''d � .7J�ITHS • A �� �.. . /� ^hat. t,ho grantefl hFcll, equip and ',)'Lt it;3 cntire^rnzl.rsy sy^tcri in the ilii;y of-Bo,,lIuaont, in first C; U113" OrCLo r and condition, in - eluding its t2?acks, bonding of riAl.>, overhead work, (,ars, povicr plant, rcpcix of i `s, ort -ion of �"'•tx'cf�t �r ro jtl rod .iexain, and cc ref c roun- datione under tj:ack�, on :stre(lt;, in Sejotion 7 a perioi of twelve months, th,) accep-canco of i,his :C2,anchir, e, and thc'rc:af'�,er rn�,intewn sa:�e in firs�i: eta^^ o� cif" F.ncl condi -i.on, and operate same in aocorda,ncd fii h_ tht: pw n ai jiono of this OrciinzLncc, during -1io period of ;his, frazichi50; and )eforo this be.como effocti-,e said .Grantoo shall z'urnirh ticru.ranco to the uity vouncsi1 of ts2c;, c.i'ty 'ofthrit 1-, .as rflde _ the ne ee:3s3ary finan- ci€;l ax7.-angemonts ttncl will -place i'to .enti-re, �grstem . n f:ii'st class ordor and conditIon „Ps aforesaid v+-�t-Iiin �3E1i( Wi—Olt of twelve ionths; and 'upon a faiiiire by the grantee to lirn:i:sh such gpti.^factory ac3suce by tho tine! allowed, aid grantee ..o si`,ni y it;3 aecept.ance of this franchise as hereinbefore; nrovided, or a by the [;rantee to fully comply %vit;2 its oblif;a.'tion to, cgnip- and put its entire T, -item oT strce;Sr reiiway in fist class o,. -der Rnd condition %s above provided %,ALt•hin twelve monthn after the a,cepptance o_C this rs.nchi:3c ur_? es,n t, -,c City Council of tho , ity of Beannont ox1:.PnIs the tirse there thzs ordinance and all righte, privileges and franchiscs hc:roilndcr, shall• rpt one, �,tarid ewncellod .and rorfoitod and, ro,70koi- �l+JCTiOTT ^5. ^`nut 4ithin a po,riod of 24 months af-tor 't, o acceot once of thi;7 fravhisa ;he granteo .Chs.11 call in, retire and cancel all of its g5/0(;i{ c6'rtiTicla tes now oatsijundinL, €imollsiti2-IL to 8600-000_1,rid in the evert of _ailar© Go d.o so, 'thi;q ores inc:nco rind franchino and all rights and r:rivileges held by said �3rantee* hex•ftundor shti 1 I a, once, stand -can- colod, rovo.ed and ro;gouled- «i?or_ said .9tock hoin� ct� led in, retired and cancellod said grantoe shall be authorized to issue in lieu thereof, cex•tlficrLtc�s ow sto,;k to the :;mc)tlit of tcm: thoa.^•and cicll,Lr,i."w ire f:v(3nt i ,c; C �';. * tt3E' i:��l� d'�EQOt u aoreor:.!ent, sa1F: os �t !cr'.ri~Q,r, roorL40,':ion, {._tip,, .Lur ^t:oclr and bond ii - ,sue o �ha't i'.,; :,uc:�e�^.o r� frn�.. a.r ,iCn a ,.:call not :_Wee1 tt 6 V,11110 !3f t i �•1,] i �C31 r`70 P,xLle:1 EL Plus; '. tit On and Cfzof r.ne ac'ee;A11110t , Of till^ O''dinFinCt?, thr, rantcie and its ryl�iseo� cors .:Yid c�s:,i r.;�, shall not 1 --sue no:.: eirciaate any rytock, bond certificates or otYr()r( e e•r,d, rco incie�tedr.c;-s lrithou, the c'onsant, aLd &I.11,roval of thea LAL e "ouneil (;:xr:: 4nsed in fhb form )f ordinance Maly-% F,,ndx t��tcl(!r"! � ,ot,ssed as x•equi rocs by the vit:y ["i'l7.rtrir. '"'h,,ir, ;;uch 030FnGuL f311a11 rlc) b"- civon by 'L7ie l;it� "ouncil utiles— ution & full !)carni" ()Z Lho filloreci thC'_el"o:r, , lili; City Council shall 'uetic u1"le-,s it uc "_;�rr,h�;x :na�1e coo z�y)�(:i1.' :,,� Lief: ;`l.lf3:i2LCt.it):2 Of t -L, Cit;; 012m that tie Proceeds of thc; r:ol , of much inmianco of add;tiOnfil Ptoc:k, bondv or othor !-ecuretioy nrp nec;e+,sa-Y. r for tj1t3' r. Ant0nance or better- ment ''hilt thi^ Or;li.n,!nce 2nd friinehi^e if, {-�rsn+ed and re;3sed by the city ,,onnrtj, "Imonf, rAh(,:(' on the fai-111i of '.he re)-jrV �Ontzat:if/ *hat *hit-x'ogor_t bor_de4 indobtod_:, ,s of the :-rq.],toe is X500,000. -,.tid no more, ri.n(t i at f1(3 t.l ;o o1.' t};eflcce?�tance }Iertl f by .hr= Crc_rteo, ttn bonded flial e:cceed said suss, theh nC? 1;=. t;"lat t;Ter,t ' this o: d ii,a.ncr ^!11x11 by and 1)(;cor1C3 null `inti 7oid. n- -e o_t the bonds, c:ert-i'iezito:j or ot;hor c:v&dcnceP: o- 5.T1t0btvdnOSi3 1',71(;4 :?_? ^i1rtt `ICg£.31S or�J}00, IC(0 £L�t37�7�G, t".ri:il� ii t;Fil• fL (x'E.'fl?;l?' mato of i7iternf"t j)(}r annum. ;:rifi L a1Ztc�o, it;, Scleca: so :.t� iL'rcl �.;, ,i rm, may vithout the COW e11t of , 'thtt '.. it� J C ollrtc;il, L P. f?1IP, ii; " rz' )min C)ry ntotet3 "fox nece-si ,.ias ari n� 171 1 ... k9G /;�/Ijlll �l3 [7 ii;;ir<099 rut fit t�;e ci)rrent ''�3 -e �'�" tn- are^t at the time. of ^;ich iSslu3nce. m MGHTF - Sir ovtlr ,. 11 line-doin.> .,r;'- lac0,._�...ed 'by;; tine (,,ti.,r (;our_.iil, ,vhenover .Iio �,oiinci:! oh U wy ro .uii r) i'.1.1 -iiIn€Lt ion. 1;llr.• 1)f0)2' 911—L1__fi3', LC` Q7. l t ' Cl it: ,0V1LLLi1 uh(l i. c'. ?1_Iit3 t11 11 ^, o 1)y ,illi �i�t,�' !_E)1' tail il: rf�� .��v'L3eU 11 ja�S uTlU ohall be c):L' t-,,wn oIlFmq tc—, kim, t.nct _, _,t:rmit to i,Wtj bu dos -'j r;'�ted ij,om time; to time byi xht, Git.t uoilncil . :>hzL 1 no,. UG rcc1u_r cid to mo: a iAttio `,hz:a, th(,3, hove st;roet mile;:; o -crtick in tho Ui�y. . ner providcu _'�� t:lr;r, tlat a 1qo. jOj'jzrqx a --tion. of zt3t;r::(a:, mile of track ; hzll L. ;r. <<tereel e mill, for iT 7. tri3Cks, in '0w ;,our iia,(: comer !):.` L Strout or o"t':'C9ots noaror to oni tide o__ ,ach ;G' eot v.- ' L -CAty, 'iG EJ 7 _ . T q !; n t. r r TT `l�. city �n ill: 11Oldc�r Oj: S .L .irTa.— chino ;•oil th(, Uit,2 bo) ; or;strruat an Add -1,omil track upon such �trcct or strc(Ac, pro id6'.' ,h..i (JranT;fiC ^,�',ti-1_7 neo, �)o requtrad {;r) hear tiny Part; )1 !.it :;it;r'C riov.1n, Its, ;.t1iC.ks, and ,'pro-iidod 1ihe street is of �liiff:iG1(;1'i�; '•lirr' .i �.0 `)Ti,1?, sUCl: nOVj]_ 'h-, 3tT.:.t auil'�Iti�i 0 t,ho (.,:2intoo he -^(i n ,hal not, 1 to 01MOrship, cmiturol o., operathon, ccu;••OliduLeCL vii',",h any other itroet ai.lway or :n , erurban in the k;ity ,_' 1,E;�: iL lc>rL+. , ' ;li.l,hoat �ae con -lent Oi the City (;ouncail t;runted by or(Linarion, duly�Ld 'pt�ed- ivIO CVCI-r 1-0; 11Lil'(,'(l l:!) CLO so b.V t.h( C'ity Council o�. thi, (At;y of .i'i aw'aort, rove o _, _,t:rmit to b,,, r-iov,,d, cin3T of its tri3Cks, in '0w ;,our iia,(: comer !):.` L Strout or o"t':'C9ots noaror to oni tide o__ ,ach ;G' eot v.- ' L -CAty, 'iG EJ 7 _ . T q !; n t. r r TT `l�. city �n ill: 11Oldc�r Oj: S .L .irTa.— chino ;•oil th(, Uit,2 bo) ; or;strruat an Add -1,omil track upon such �trcct or strc(Ac, pro id6'.' ,h..i (JranT;fiC ^,�',ti-1_7 neo, �)o requtrad {;r) hear tiny Part; )1 !.it :;it;r'C riov.1n, Its, ;.t1iC.ks, and ,'pro-iidod 1ihe street is of �liiff:iG1(;1'i�; '•lirr' .i �.0 `)Ti,1?, sUCl: nOVj]_ 'h-, 3tT.:.t auil'�Iti�i 0 t,ho (.,:2intoo he -^(i n ,hal not, 1 to 01MOrship, cmiturol o., operathon, ccu;••OliduLeCL vii',",h any other itroet ai.lway or :n , erurban in the k;ity ,_' 1,E;�: iL lc>rL+. , ' ;li.l,hoat �ae con -lent Oi the City (;ouncail t;runted by or(Linarion, duly�Ld 'pt�ed- _ i � ,f 1. '��.�, j� „�' c— _ .t .� !• i h/� SEcza�. coUZI 6irr ed in: eonstruf'-,d,to riean the, .0 it f u,ai icil of the -.I o= Be8uloiit; bre `'other . �6veirninglr>���- of s'alcl- Gliy,-, b vglalu4V, cIr' !lame siic'ri b0� Y shall �ic�rca eD, 40..' " .'.i • Ali .. '.i .e C• , f > •. is '' � l .. ,. . r - SECT1, That upon the acceptance of this ordinance, the amount of the judgements recovered by H. R. Collier, P. K. Ridley, TemirrLa Helile and other judgement creditors against the grantee, shall constitute a lien on all the propert.ies o!f "every description of the grantee, its successors and as-• signs and the proceeds of the sale thereof in the event same shall be solei, and such lien shall be prior to the lien of the holders of all. bonds or the grantee and prior to that of the hold.ers of Receivershix? Certificates to be issued_ 'here - aft -Pr, as well -.s prior to all other liens and indebtedness of every kind Lmd character due by the grantee, its success- ors or assigns, save and except debts due or which may become due the City, County and State; and said debts due said judgement creditors as hereinafter enumerated, small be paid_ . within fifteen (15) months froze the date of the acceptance of ti-iis ordinance; and in event that the -r be not paid vii thin said time, then and in that event the said creditors shall have a right to foreblose. Said.lien a -rid to require a sale of .the property of the grantee by the Receiver of said Company, to 'satisfy said debts. 1 Cr_r0 4124 r - That all orci ?,Ol in -no c-, r)f th,f`i vy of Fe.3'amant to eh(; f..si,,,nt h= -;ha,r cc�n==-Lica with thi- orcli_mmcc be and :;hc, f>mno €arc hornby o -l- inr-cnce boing Lcco,f)tecl offEact:ive in the,:a:-:7:.nc.r troy i�ed x_71 cecijion ;•3 or this or d i_nanc e. < <0 SECTION 42. PA98MEC CLAUSE. This Ordinance shall be in full force and effect from and af- ter its passage, approval by the Mayor, acceptance by the Grantee as' :t.M provided ,Ln this -,pry-mance, and lawful publication,as provided by the. Charter of 'the C.�`' „" of B eaumont,Texafi. ss h 2 tr - o ' ept emb e r , A. D. 1910. _ _l y: r� ;.�s��� day of �°�"' ,cA•D.1910: AT TE 1,c i t 31- F i // liff I:, Lj11 -1 \- 'COUNTY Ul' JE, FFBR 0 ,City Secretary, hereby certify thug the ab,oA-&`E.nd foregoing Ordinance is a. truo and correct copy, of Franchise Ordinance,passed and adopted by the City Council of Cthe City of iseaumont,at Regular ;ession,held September 20th,1910. IN ILNIM- AID EEA!, OF OFFICE, this the day of �. A•D.1910. City Secretary_.'