HomeMy WebLinkAboutORD 50-A-3Sec. 1. 1
04
AN ORDINAITCE
Granting to I.D.Polk, his iieirs, lessees, successors
and assigns, for a period of fifty years from the date
upon which the se -,,,ie shall go into effect, the right
to construct, maintain and o-perate an interurban and
street railway system for the carriage of i-)as-engers,
baggage, mail, freight and express, in and upon certain
streets and highways within the present and future
incorporated lii_iits of the City of Beaumont, Jefferson
County, Texas, and -prescribing the tcrms, conditions
and limitations upon which the said grant is made.
BE IT ORDAINED BY THE CITY COUNCIL OF ThE CITY OF BEAUMONT,
TEXAS:
That there is hereby granted to I.D.Polk of said city, his
heirs and assigns, the right to construct, maintain and o-porate
an interi.rban and street _railway system for the carriage of
passengers, baggage, mail, freight and express, in and u-oon
the following streets, avenues, highways and Nays of said City
of Beauli:ont, Texas, to -wit:
On Herring St. from 'River Neches south (nearest and most
practical route to Sherman St.);
On Sheri-,ain Street, 1.,rest to Irving; Avenue; on Heifilock St.
south franyi Sherman St. ( nearest and most practical route to
city li.iiiits);
From Irving'Avenue
in a- southwesterly
direction
to east end of
Flowe.cs St;
thence west on Flovrers
St. to Penn-
sylvania Avenue.
Thence north on Pen -_sylvan is Avenue to Langhain Avenue;
thence Isrest on Laanghai:i Avenue to Parker Street; thence north
on -Parker St. to Neches Street; tlhence northward on Neches to
thence eastward on AA iii St. to i)iain St;
thence northward on Main St. to intersection of Fa -nein St;
thence nest on Fannin St. to Orleans St;
Also on Orleans rt. south from Crockett St. to - St;
Also such of the other streets within the corl-orate limits
of the City of Beau7ront as may be designated by resolution or
H. R. BURNABY, /�
COURT REPORTER. ordinance of the city council of the City of Beaux=font, as
BETH DISTRICT COURT
Sec. 2.
H. R. BURNABY,
COURT REPORTER,
69TH DISTRICT COURT
Page 2.
streets upon i,,rhich said raiLl Lay system may be extended; also
such streets or high -ways as may be hereafter included_ within
the corporate limits of the City of Beaumont, upon which the
grantee or his assigns may be operating its railv-ray system at
the ti_le of s', ch inclusion.
The said gra--atee shall have the right to enter upon any
and all of said streets, avenues & highways, and to construct
thereon the raili,ray tracks, side tracks, turnouts & switches
as may be necessary in operating its cars and trains, provided
tna.t the location of all double tracks, side trao.Ks, t .=-outs
and switches shall be suoject to tiie approval of the City
Council, and for said _E�ur_)oses Y_Zay _Make such excavations and
fills in said streets, avenues and high�,mys as 'may be necessary,
provided, that the tracks of said ra.ilWay upon the follo ring
nar_ied streets, to -edit:
shall be originally laid upon a concrete foundation, 12 inches
in thickness and extending for ti --To feet on each side of the
rails, and the city shall, {Ii en the grantee or his assigns is
ready to coin_lcnce the construction of said trcl-%cks upon said
streets, furnish to said ?:ra.ntee the permanent -caving U;r,:_de of
said streets, a -ad permanent ;rade to ,hick such oa nerete foun-
dations shall be constructed, and suen fo'L' dations and grade
shall not thereafter for a period of ten -Years .00 ch tiiged by
the City, exceot as hereinafter provided.
1.
Sec. 3.
Sec. 4.
H. R. BURNABY,
COURT REPORTER.
58TH DISTRICT COURT
Page 3.
If at any time the City shall desire to charge the grade
of any street or portion thereof traversed by the lines o f the
grantee, ti;7hich have been constructed to er-(imnent F,:rade as
aforesaid, and upon concrete foundation, or shall desire to
iri-prove said streets by shelling, macadamizing, :)avi.ng or
repaving, and shall provide for such ii_rorovements icy ordinance,
if such improve.sent is ii�ade within a period of five years after
said tracks have been constructed, the city shall -pay a.11 the
cost of the c;.iange of ,rade a71d of the change in the foundation
of said tracks, the t,rantbee or his assigns being required to
pay their pro -rata part of the cost of :,Day.ing, ;macadamizing,
smelling or repaving; but if such change and irmprovernent is
made after five years from the date upon 17ich the original
construction of said ti° ,.c_ s is coimpleted, the said tgrei-ltee shall
pay in the following proportion:- if said change is in
six years after construction ten (10cilo) per cent; seven years,
twenty (20fo) per cent; eight years, thirty (30jo) per cent;
nine years, forty ( 40`i0) per cent; ten years, fifty (50M per
cent, and thereafter all the cost of such change under its
tracks and for two feet on each side the rails shall be -paid
by gr2ntee, his successors, lessees or as,c3lgns.
The tracks to be laid upon all the streets herein enus_lera-
ted shall be laid with rail as hereinafter described, mrid shall
be so constructed as to insure the safe, comfortable and con-
venient passaE e of the cars thereover, and all cor_struction worh
by the grantee, his lessees, successors and assign?s, shall
be constructed to ,rade to be furnished by tine city council
and si1a7.1 be subject to su__�ervisi.on by tic City 1,"r-gineer; and a
at such tildes as the public necessity or convenience sii,..11 re-
quire the same, the City council may require the chFmge. of grade
Sec. 5.1
H. R. BURNABY.
COURT REPORTER,
60TH DISTRICT COURT
c'``t R L,: I d 0 •/-i ty
Page 4.
and require of the grantee, his lessees, successors or assigns,
that said tracks be laid upon a concrete foundation of the
character above indicated, but the City Engineer shall have no
authority to -valve any requirGrie--ats Lffoosed upon the v,—Taztee
either by this franchise or any other lair, and_ it is hereby
made the duty of the city, engineer to sutpervise all construction
and repair work of all street car lines of the grantee iiivolving
any interference, whether toi�anent, with the p
grades a, -.d levels of the streets of the city, and to rec_-uire
the-., t to e. promptly restored to as good condition as they were
in before such construction or re-,�air t-rork; -_provided , that
the {grade of the streets upon �-,rhlch the grantee is required_ to
lay its tra.c,�s upon concrete foundations as provided in para-
graph 3 oreof, shall not be char ed except as provided in said
paragraph.
If such improvement or c'nam e is 'made as aforesaid upon
any of the streets, included herein, then the grantee shall pay
its proportionate -peirt of the cost of such change for the whole
Taridth of the street as shall be assessed by the City Council,
and when the city is ready to proceed with the im-orovements,
repairs or changes of grade of such streets or portions thereof,
the Cit -y, through its _proper represent_:.t:ive, may eater into a
contrast for such iimrovenent or tine maXing of such _f!c-)) sirs or
change of grade, and charge to the grantee herein his -Iroper
yoro-rata of the contract -)rice of sa.'e for tine vrhole ,-A dth of.
the stiioet as shall be assessed by the City Council, subject
to the 11,11` -,citations hereinbefore expressed; provided, that the
City may _proceed for the enforceiiient of the obligations of
the ;;rantee to �cmh(,. such improvei_lents, repairs or c),Iange of
grade, as 1:)rovi ded. in the General rearm of the State of Texas
Sec. 6:
H. R. BURNABY,
COURT REPORTER,
BBTH DISTRICT COURT
Page 5.
by the Act of May 10th 1909, or as provided in the Charter of
the City of Beaumont, but in each case an obligation of.the
grantee to make and to pay for its pro -rata of such improvement
shall constitute a lien as herein provided; provided further,
that if the said grantee shall at any time during the said per-
iod of five years change the concrete foundations of any of its
tracks, the City shall have the right to change the grade of
said streets and of said foundations, and require of the grantee
the payment of its, prorata part of the cost of changing the
,rade as hereinbefore provided, and all the cost of the change
in the foundations of its tracks.
The said grantee, his heirs or assigns, shall have the
right to construct, maintain and operate all necessary and con-
venient structures, power houses, fixtures, appliances and
appurtenances needful in the construction, maintenance and
operations of said railway, including the right to construct
a system of overhead wires for the purpose of conducting elec-
tric currents to operate motors, to propel cars, and for the
purpose of conducting such electric currents -and power f_ -corn the
power plants and generating stations of said railway over said
system o;' overhead wires, and may use the rails, or any other
ii -proved method for return circuit for such purposes, provided
that the earth shall not be used for return circuit, and the
grantee, his heirs or assigns, shall also have the right to
erect poles along and upon the sidewalks of the streets above
mentioned, to.carry overhead wires and whatever may be necessary
requisite and convenient to conduct the power from the generat-
ing stations of said ra.ili%ray, provided said overhead fixtures,
poles and wires shall be so constructed as riot to endanger the
public, and shall at all times be maintained with proper safe-
guards and in good condition of repair; provided all poles
Sec. 7.
H. R. BURNABY,
COURT REPORTER.
G3TH DISTRICT COURT
Page 6.
constructed upon the sidevialks shall be constructed near the
outer edge thereof, acid within the c rbline, and in such %namer
as to obstruct as little as vracticdble the free aAfL connrenient
use of the side A7alks by the public; said poles to be not less
than 100 feet apart, and to be straight, shapely, of uniform
size, and thoroughly fainted of such color as the city council
may direct; all poles, overhead wires a-nd fixtvrc;s to be
I
first class in every respect, fitted -vith proper safeguards,
and to be at all times kept in good repair, and replaced and
reneged rihen needed; provided, that tie location of all _voles
placed as aforesaid shall be placed under the supervision of
the city engineer.
That the rights and privileges granted by this section
shall a_oply on such _)or.tions of ti_e streets of t' -ie City of
Beai.mont as said ^santee is hereby authorized to use, or shall
hereafter be authorized to operate its reilway uppon; and the
said grantee is authorized to construct and maintain feed wires
upon its poles, along its lines of railway operated by it; but
no feed vire, except on those streets which the graaltee shall
operate its line of raili.,my upon, shall be erected ,,�ithout
permission of the City Coimcil of the city of Bea.,miont, and
all such feed Wires shall be thoroughly ins-clated, and si;ha.11
be constructed a ld-maintaired in good order and condition.
The grantee shall use this grant in such manner, and h,iain—
� tain air d repair its lines of road, and operate its cars, and
10.0 its construction and repairs .so as not to unneces sar ily
injure
the
said
s-creets, nor to unn.ecessai-ily interfere with
ti_e use
of
the
sane by the public, provided the c".�rs 01-)erated
�uipon the track.s to be constructed under this ordinance shall
nave the right of way over said tracks af,,d, streets. The grantee
Sec. 8.1
Sec. 9.
H. R. BURNABY,
COURT REPORTER,
59TH DISTRICT COURT
Page 7.
shall at all times keep that portion of the street and its
foundations between its rails, tracks, sidings and turnouts and
for tiro feet on each side thereof, in good condition and repair;
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 streets, in such rnanneer
as it may be directed to do from time to time by the City Coun-
cil of the City of Beaumont, and shall pay to. the C'it.y of.Beau-
mont one-half of 'the costs 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, provided, that nothing in this
section contained shall be construed as affedting any legal
right which the City may have to compel the grantee to pay a
larger portion of the cost of construction and rgaintenance of
culverts than that above provided.
For the purpose of _nak irg repairs or improvements, the
City through its Mayor, may at any time require suspension of
operation of cars over any yportion of said streets, until same
may be safely resumed without probability of injury to said
improvements.
The grantee shall use modern, improved rails -of not less
than 70 pounds to the yard, in the construction of its line of
railway; provided, the City Council reserves; the right to
I
determine the kind and weight of rail to be used on all paved,
shelled or macadamized streets, and upon such streets as may
be hereafter paved, shelled or macadamized.
In case the rails are joined by any other form than a cast
gelded or electrically welded joint, there shall be used some
l
Sec 10.
H. R. BURNABY.
COURT REPORTER.
88TH DISTRICT COURT
0rRD, ��0-.4,31
Page 8.
good and approved system of bonding which will connect tiie ends
of the rails in such planner that the condu.etii%ity of the joints
shall be such as to render thein capable of preventing, in so
far as -,)mets cable, 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
tracts shall be connected by sufficient cress bonds st:)aced not
more than one thousand feet apart', and properly secured to
the rails in such manner as to secure .groper conductivity.
The grantee shall use the most ao-,--) °oved_i:teth.od- of bonding, and.
rets ening current to Meir plant 'so as to prevent damage from
electrolysis as effectually as practicable.
And the City Council or other governing boQ7 of the City
of BeaLlllont shall have the right to snake, or ca -ase to be __lade,
at any ti".?le, cul electrical survey to deterl,linE i.Thether or not
the rai is are bonded so ,as to prevent cla_.iage =Crop olectrolysis
as effectually as i)ractica.ble.
The grantee, his successors, lessees or ass- ns leer eusider
shall yrovid.e, ?peep, _maintain and operate a. sufficient nui7lber
of first class cars of modern design for the coiri'ortable and
safe transi)ortation of vGt,sengers, and all cars shall be equip-
ped with modern brakes amid safety appliances, provided that all
72a--4en -40,,,E
passenger cars shall be.,double truck.
The grantee shall also procure and keep in good condition
and repair, a sufficient nuimber of ti"rater sl�rinkliizg cars :�rith
which to s -crinkle sues s i,reets enunE.ra.ted o,ercin as are now,
or iiay -De hereafter paved, macacl amized or sizelled; and at
such tis: -_es as may be required_ by the city council, shall sprin-
kle vrith eraser the paved, shelled or iAla.cadainized s"creets, by
sec. 11.
Sec. 12.
H. R. BURNABY.
COURT REPORTER.
SETH DISTRICT COURT
Page 9.
the operation of its said crater spriiuklirig ear or cars over
its said tracks.
The gy°a.ntee shall illuminate the ,-treets on =aic]i the
railway to be co::lstructed here,and-e2 is operated, at such points
and places t).-.ereon as shall be designated_ by the City Council
of said city, Iihei-,ever the said city council shall, by reso—
lution require said illumination.
The lights therefor shall not lie of less c:,iidle poorer
than the arc lights in use by the said c; tzr, for igei,eral street
lights.
That the rantee is granted the consent, permission and_
authority to use the tracks oil the streets over zFrhich this
franchise extends for.haulins; freight, express, baggage and
i_1ail, subject to all the -provisions, req-Liire-ments aid liiIiita—
tions in this ordinance.
No freight tra1in or car shall be to roan OiI Orleang
A .
St. All freight cars sh.all be equipped with suitable air brakes.
R cars will tt--* i.e -)erinitted at any timne to stop on
street crossings for a grea.te2 length of time than five _minutes.
Freight cars grill not be-0crinitted to stand on -oubl? c
streets except as h.ercin provided.
The carrying of ?Mail, ex--ress, baggage and freight -must
I r s. » The -points
not in v.i_y ma=_r��c_ hinder or delay ua.l„�e__gcr ears.
Sec. 13.
H. R. BURNABY,
COURT REPORTER,
5BTH DISTRICT COURT
Page 10.
upon the line of said railway, u-pon said streets, at i,rhich
bago-age, express, Ik_il or freight ar.e to be loaded and_ unloaded
shall be subject to the ayoproval of the city council.
The grantee or any interurban coimpany using its track's
shall establish at sol:le convenient place or splaces along said
lines, such ba age, -r ail, express and fr eight stations as
shall 'be reasonably necessary for t1ie accomod_ation of its
baggage, mail, exIore s, and freight business.
The grantee, his heirs, successors or assigns, shall have
the right to operate over the streets above defined. an inter-
urban railway system betwoe'_n the cities of Beatr_rlor!t, Port Arthur
and elsewhere, and also the right to o -Aerate over said streets
a local street rail,, -Tay system and suburban syste?~!, as distin-
gu.i.shed_ from an inteTv.2ban system groper; -provided that if
the said grantee, his heirs, successors or assigns, shall
o,oerate a local or suburban system, or both local and sub-osban
system u ion said streets, avenges mrr d_ highways, trey shall
provide Gond eciui,) said road with a sufficient nu'!::ber of Iaode=,
first-class, -ua.ssenger cars, Aecjui,p-:_)ed with iodern
brakes and safety appliances, to accomodate all such _oas,z;engcr
business as may be tributary to t1leir said line, and shall fix
and i,iaintain ac_equate schedules for said Ourposes, and the city
council reserves tine right to c:�ange tl c schedules to i7)e fixed
by the 1°ai_ilwaty coi~roany in the o1peration of said loop-- and sub-
urban service, upon Living notice to the said railway mimany
of its intention and -our-oose to do so, and upon giving to the
said. gr,�3ntee, .his heirs, sU.ccesoors or a.s,-iigns, an o; ,portunity
to be hcasd u_ -,,on tlie schedules to be tli- s fixed, aLld if t_lo
said cit;F council and ti.le said ; r !ntee, his '11c,"
or assigns, s call be unable to agree ixpon the schedule required
to be imaintained., then the same shall be fixed by arbitration,
r
Sec.14
H. R. BURNABY,
COURT REPORTER,
BETH DISTRICT COURT
I
Page 11.
the said city council having the :right to appoint one arbitra—
tor, and the said ;:rantee one arbitrator, and if the arbitrators
thus aopointed cannot agree uQon a schedule, then they small
have the right to appoint a third arbitrator; the conclusion
of said arbitrators as to the schedule to be laintained shall
be final.
It is got intended by this paragra-ph to limit the right
of the grantee, his heirs, successors or assigns, to conduct
a. local business incident to and connected With the operation
of its interurban system, as distinguished from a local or
suburban business pro Per, 1)rovid.ed, t:,at the fasces to be charged
to any -gas,,enger ear_hiec_ upon interurban cars bet,rreen points
within the city, s -hall be 'as in this ordinance fixed.
The said ; ra.ntee, his heirs and assigns, shall have the
right to operate over said railway, cars and ec.1ui_)Llent used-
by
sed
by theri in the construction, maintenance a.::d operation . of any
suburban or interurban railway, owned or controlled by theril,
and to connect said system of railtimy at the present or future
city li-mits frith the tracks of such interurban or suburban
line, or may construct and operate the railway within the city
l irTii is above defined in conjunction with such suburban or
interurban line, as one and the sar,ie system, or may ester into
any COi1T,rc"lc Or a�;ree7ilei7 G with any µgerSGIi, COIlpc._ny Or Cor-
poration oueratirg an intorurban or suburban road fo-r the
joint or exclusive use of the system of stireet railway within
the city lir_iits constructed ant -1 moel'ated under this
Said ClYrojitoe, his heirs and assigns, may also enter into
conte° _:cts or a-ree!,,,.ents i°Tith any othe:r ?person o-2 corporation
o,.oerating a. systei,i of street ra.ilZ.rcf Within the city li'_:1its of
the Cit,; of Peailmiont, for the moeration of their respective
Sec.
. 1611
H. R. BURNABY.
COURT REPORTER.
..T. DISTRICT COURT
r,:�) l� L� � 5� ( -A
Page 12.
cars,over the lines of each, upon such division of earrings
or upon trackage charge and wheel basis to be agreed upon,
Drovided, that the fares to be charged for the transportation
of passengers shall be as hereinafter set forth, all such con-
tract
s or agreements to be subject to the approval of the city
council.
The said grantee, his heirs or assigns, shall have the
Tight to construct, :aintain and overate under this ordinance,
an electric system, or May operate its cars With gas or gasoline
denatured alcohol or naphtha motor Dower, or any other power
in use by street or interurban railways proper, as distinguished
from
a general
railroad, and
when operated as or in
conjunction
with
suburban
or interurban
business, may transport
passengers,
baggage, exy,re s and other property; _provided, that no general
steam rai lro ad shall be oDerated over said tracks, and ;,provided_
further that charges for transportation of freight shall be
subject to control of -Railroad Commission of Texas.
The grantee shall maintain standard gauge lines, and in
Toncow- W" 6'
all %Awwe construction, unless otherwise Drovided.by ordinance,
shall keep its tracks s:!idway of the streets; and when a double
track or switch is permitted, shall lay its double tracks and
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 dcn.:ble
trac'Ts on such Dortions of the streets covered_ by this franchise
as it shall hereafter obtain sVocial Dermis`;ion for fron the
City Council. Provided, that on Main Street the 2uily any shall
be constructed upon such Dortion of the street as nay be I"JIr
, Q
f
Sec 17
Sec. 18.
H. R. BURNABY,
COURT REPORTER,
BETH DISTRICT COURT
, 1� )>, 5'6 —14� `
'Page 13
The grantee shall not operate: or run its cars without
the consent of the city council within the business portion of
.the City, at a greater rate of s-9eed than ten railes'per hour,
nor shall they operate their said cars in any other portion
Of the City without the consent of said City Council, at a
gre=.ter rate of s_oeed than 15 miles -oer hour.
The grantee herein may charge,,and is authorized to collect
a fare of five cents for each single trip for each passenger
within the City limits.
School children shall be carried on their vray to and from
school at two and one half cents for,. each trip,, within the
city limits, and such ticKets to be good only, betirreen the
hours of '7 A.M. and 6 P.M. Children under five years of age,
when accompanied by a nurse or parent, or by a iperson paying
a fare, shall be carried free of charge; and city police
officers -und firel!len , sha.11 be carried free of . charge .within
the city limits, on masses to be issued to them at the request
of the Alayor, so long,,cis free passage is not forbidden by lativ.
The City of Beaumont hereby reserves the right to require
of the grantee herein, when the line of railway constructed
hereunder is operated either as a local or suburban system, cr,.-
both local and suburban system, as contradistinguished_ from
an interurban system, to provide for interchangeable transfers
with any and' all lines of street railway or' interurban railways
which shall be mutually accepted} provided that no such re—
quirement will ever be made by the city council unless,at the
sale time reasonable provisions shall be made by the city coull—
cil governing the 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.
Sec. 19
Sec. 20.
Sec. 21
H. R. BURNABY,
COURT REPORTER,
-TH DISTRICT COURT
Page 14.
Whenever the railviay ti) be consiructed and o-_ner�tedudder
this franchise shall be, ,rot into o_Ioe2 tion, the sane s 7x.11 not
be abandoned exce-pt upon the consent of tl.1e City Council, and
in case permission of the city council is secured for such
abandonment, tl?.en the gy' ntee shall ?�iithin sixty days after
an ordinance or resolution is ado Dted to that effect, rea,love
its tracks from said streets.
In granting this frane).1ise, it is not intended to waive
or surrender any poffers ,,hick tine City Council has by general
or special lr.ri over the grantee in the exercise of its general
police 130ffers as a 3mmicilpal governing body; nor to waive any
obligation i,%rhich the said grantee ay be.under to the public,
as a 1public service corljoration, and the specifications herein
made of j-,ia.tters and things to be done by the grantee, shall
not in any case be construed as an exclusion of their public
duties; but the f;r;sntee shall be, and is hereby required to
comply viith all the obligations laid upon street _��ailways by
the Charter of the City of Beaumont, a-od by the General Laws
of the State of Texas, and by all ordin.a.aices that ..lay 1'lereafter
be -gassed by the City Council in^their due and. lawful 1jolice
1jowers, a1d in ursuaace of the _provisions of the city caa_rter,
and the vrovisions hereof sh:�.11 not only a:_oply to those -por—
tions of the �Xantee's lines herein designated in the city
limits, but to ad_ai tioa1a_1 portions hereafter incladed in the
city Ila?1lts fro -,l the tlalle of sash inclusions.
In any case vihore it is herein :provided that tae grantee
shall Derform any act and it shall fail so to do uron reas3—neb le
notice fion t'r1e Layor of the City of Beaumont of a require- ent
by the .City Co -Lincil that it should do such act, the s<1 _e aaay
Sec 22.
Sec. 23.
Sec 24.
}
Sec. 25.
Sec. 26.
H. R. BURNABY,
COURT REPORTER,
r SGTH DISTRICT COURT
Page 15.
be done by aind_ at the cost of the City, and the cost tiler eof,
vwith six -,)er cent interest;ger. annuli, shall be "maid to the City
by ithe grantee norein.
This g.nt shall exist for a term of fifty yca.rs fro -,.l 'ihe
date u_oon z,ihich this ordi =n ce s1t J.11 go in -to. ef?'cct ; and s1ro:11
inure to the benefit, of the . r-:intee, his heirs, executors,
administrators, successors and assigns.
The failure of tale grantee to cohrply with the tcr:ois,
conditions and sti)Dulations set forth in this ordinance, or
any oti:ler duties t1icat s 'a -1l or i:.ay be L. -roused u?)on it hereafter
by the City Council in ti.le due cnnd lawful exercise of its ".Dolice
-porrer, sna_ll woi?k a forf eituse of all the rights accruing
hereunder.
Every duty herein imposed upon the shall be decided
to have been assu_I ied by and apply to any firm or co r—
_ooration succeeding to ti.le ()-r-,.ntee in the o_oera.tion of a lime
Of st000t r ,.i1:rrLy over (:Cy of -the lines above named. or y,jart
tij. er eo f
This franchise, and all others uncle-- *,,hich the p.a :-,,J tee
is o;)erating said lines, .grill stand_ te:ciliinated at t ii.e e_ -rid of
the term limited by this ordinance, unless, they Small be ter—
iainated sooner by def,a_ult of -tile tg ,:.Lntee, as aseertained by a
jud_gz_icnt of a court of cog ')et(-,,nt jurisdiction in a Suit insti—
tuted by tho City of Bem)mont against the gzantee or assigns,
for the forfeiture of its fr,Inciilses and ai_Leno_ilents thereto.
The foregoing ,rga:I.".t "i s .Made ugon the follo ,L nE cond-itions
QD
viz: The gT,,mt1ee s)1L-�11 coi-mi,ience the actual cons "tl°uetioi of
said s+rstem of rc.iIwa.;r 1:Il"Ghl:t1 tt'Ie1Ve i'l.:_'.'G 1S frUiil t1_le C "te u"r 07?
Sec. 27.
H. R. BURNABY,
COURT REPORTER,
89TH DISTRICT COURT
CP L), E3 6 -/1-
Page 15.
which this ordinance shall go into effect, aiid shall corirplete
aiid iiave in operation over said streets, an interurban Tailway
systerii
between.
the cities of
Beaur_ioirit
and
Port Arthur, Texas,
withiii
eighteen
- onths fi o?ii
said Cate,
and
s-iall :paintain and
overate over said interurban railway beti,.Teen the said cities
of Bea -Lr -,cant and Port Arthur, regular -,passen er, interurban
service, %,Tith a schedule bet;freen said cities of not lass than
fou- ua.sseizger tries _jer day , each i�ray. An(5, if ti -ie said gran-
tee small fail to co,ir.;ence, in good faith, tl:ie consti°u.ction of
said railway within said ,poriod_ of ti,relve __ionths, or shall
fail within eighteen 'months frosl said date to complete the
construction of and --)ut into o_ueration an interurban railway
over said streets, and froy_i the City of Beauriiont and to, and
into the city of Port Arth-ar, Texas, and shall fail to regularly
operate ori said. intorurban railiimy an interurban -)assenger ser-
vice of not less than four trios each. ,,ray -)er d_�..y of 24 hours,
then and in such ari event all tie -�jrivile:ges and f3, nchises
ierein reii S. (al be fori'eited, provided, that in ca.lci:latirig
said tine, delays occasioned by stD-�i"K.es, unavoic:_atble accidents,
and those c��.u_sed by stories, floods and other acts of God are
not to be calculated, and if such. delays occur the time is to
be ext?2nde6_ accordingly; �orovi_ ed the s;rcantee s.,all be required
to file 'with the City Secretary of the City of yea, i:iont its
ifr- -i claim a1�d stdcec_icrit of t:ue ti --e of 6 -clay and causes
thereof fur iFrhich it seel,-,s ailowance,, and no claim for delay
shall be allowed unless filed as aforesaid.
If t;1e grai�itee shall violate any oz' the revisions of this
ordinance, or s-�iall fail and refuse to -Jerfor_r aiiy act or C_uty
hereafter imcoolsed upon it by the City Cou.iicil in the due and
lai-,rful exercise of its -poii ee ,I�os;7er7 he shall lie l-iable to =oay
Sec. 28
H. R. BURNABY,
COURT REPORTER,
SDTH DISTRICT COURT
v
Page 17,
C) J-1 �f , r
to the City, as a -.lena.lty, in at_ition to any other yn?ovicions
of this ordinance, the sui_1 Of Fifty (5-50.00) Dolla=rs, such
_penalty to be recovered_ in a suit brought in the court Having
jurisdiction of sa-me, by tl.le City Attorney, in too ,10::1e of
tate City of Bearuilhont, the a -mount so recove=red_ ill s id_ suit to
be _raid into the General Fund of tine City; provided, that
each act of violation si_all be, and constitute a se �.ra L, and
distinct -,malty.
This ordinance shall be acce-pted within si-tty days after
the sale shall take effect, by written acce_otance, signed by
the ra itee herein na_,1ed alld filed_ witil the city secret�_ry of
the City of Beaumont; a --rid before the gr�.:.ntee sit c.11 have the
right to enter upon any of the streets for the nzrpose of
cort.lencing tl:le co_.strvction of t h.e railWay tl-hercon, he shall
file with the City Treasurer of said city his bond, in the s-Llm
of Two thousand Dollars; i-7ith tiro or "(:lore good al.nd_ sufJ=i_cien.t
s-areties, or some reliable bonding coripany; said bond to be
au -proved_ by t e city cou_,-Icil of said city; said bond to be
conditioned that the said grantee will, ;:rithiii t':,relve months
froKil the date upon which this ordinance shall go into of 'ect,
in good faith MT-,ence the actual construction of said railway,
and will construct and Tut into operation Witil:in t-ne said per-
yk ze° c!z'& zx"„
iod of eighteen _I-10izths^an interurban rail -,,-,Tay bet',Teen the cities
of Beaumont and Port Arthur, Texas.
And if the said grGLntce shall, i�iithiii the said .)eri.o("- of
12 months, in good_ faith co:maence tiie act,i?al constrc-ctior. of
`?aid :oaililray, 33-nd complete and Tut into o_)erat.ion t_I',e sc1:_1E
between said cities r; ithi n said=_)eriod of 1a months, their the
said bond shall becl.r_me null and_ void and of no further force
or effect, otherwise to remain in full force, effect and virtue,
Page 1.8.
and ST101.1d thO said .cantce f .il to com:mence construct 0
=.1C1 To'aC= as aft ore said , the amo*on t of said, oorld to-wit Q2000 . 00 ,
shall be, forfeited to t'rie City of Beatmiont as licmidated
dwia.,es.
i1
N. R. BURNABY,
COURT REPORTER,
59TH DISTRICT COURT
COITTENTS.
Caption
Section I
Grant and Streets covered by Franchise.
r' 1
2
Trac -Ks and. Foundations.
3
Change o:f..Grade and improvement Of Street.
IT
4
construction -of Track.
5
Cost of Improv6meh'
..t to be paid by Grantee.
IT
6,
Poles, Wire's'-`-'et.c.
T'
7
Care of Streets,
8
Temporary suspe'nsion of Cars.
9
- Rails and bonding of Rails.
rr
10
Equipment.
11
Lights.
12
Use of Tracks for Freight, etc.
13
-Re gul,-a.t i I ons as to Local Service.
14
Contracts and Agreements with Other Companies.
IT
15
Power to be used.
16
Guage and Location of Tracks. -
17
Speed of cars.
18
Fares and Transfers*
19
Abandonment of Streets.
20
Powers retained by'the City.
Tr
21
Recovery of Expenditures by the City.
22
Term M of Grant.
23
Forfeiture.
24
Successors -and Assigns.?
25
Termination of Franchise.
26
Conditions of Urant.
it
27
Penalty for the Violation.
28
Acceptance.
�2