New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-05-09

Of way to establish Railroads on Where Domaine
MHrais, and other streets Tor passengers oulv
The purchaser shall bind himself 10 construct
vithin the time hereinafter specified the following
railroads, wit:
tion of Canal and Dauphin streets to Dumaine
street down Dumaine street 10 Where street, down
Where street to NJ. Bernard street. down st Rer
nard street to Aubry street. thence up Aubry street
to GentiIly rosd thence down Gentillr road to St
street. thence up Maras street to St Peter s rect
thence up ST. Peter street to Basin street. up Basn
street to tGna street thence up Canal street 10 the
junction OF Canal and D uphine streets the pur-
chaser to reimburse the Dauphine and Dumaine
Street Railroad Company tair and reasonable pro.
used,
inches in width. The rails shall be OF the same
pattern aud weight those used the Canal and
claiborne and Dauphine and Dumaine Streets Rail
The materials to he used in the construction of
the roads shau pe Of tne pest quality and sna nave
| the following Dimensions to wit: The cross.tes
shall be Of cypress six by eight inches, and eight
low pine, five by twelve inches. The paving of the
| at Gets where the same are already paved with
square blocks snail not be taken up, put gr9oyed SO
as to allow tine rails TO be placed and set therei1
The pavement of he streets wnere the same are al
| ready paved with round stones, and the Smelling and
ballasting Of the streets where the already
paved with round stones sheed and bslasted, shall
be takenup The street shall be the grades
TO be established by the City kurveyor. and shall
| receive layer Of four inches of gravel and lake
| shells, which shall be well rammed until it forms a
hard foundation upon which the cross ties shall then
be laid at distances Of not han two feet apart
On the top OF said cross ties the strngers shall be
| laid and shall be thereto fastened in
the rails shall be placed and well fastened fastened
The paving Smelling, and bsllasting Of the streets
shall then he relaid by the purchasers in the best
workmanlke mann T, and to the entire satisfaction
Wherever the streets are not vet paved the lines of
/ the track between the rails shall be paved either
or with framework made OF four by eight inch plank
| in the best workmanlike manner.
| The spaces between the tracks and the cutters
shall be graded repaved to conform with he
grades to be established for the railway by the CITY
/ Surveyor, and to the entire satisfaction Of said
All new bridges at the intersections of streets
which may be equiTed throughout the whole length
OF railroads shall be constructed by the purchase al
his own expense and in the same manner Of making
| bridges throughout tine city
| The cars shall be Of the same description and
| pattern as those used on the st. Charles Street
railroad. They shall be drawn by horses or mules
andit more than one horse mule be used for eacl
car they shall be driven abreast, The car shall BE-
run often per day and night as the purchaser may
| deem proper, but not at greater intervals thar
| every ten minutes from daylight until ten oclocl
P. NJ, and every twenty minutes from ten ocloei
| p. NJ until midnight.
The speed of the shall not exceed six miles pel
TSS1 NAV he rnr on sad 1ares9s sesgss sa eaT
and daybresk shall be provided with good and Ampl,
head and rear lights, placed in conspicuous place,
and positions and for the violation ofths condition
or of any ordinance now existing, that may here
after be enacted, the part Of any oticer or en-
ploye on SAID roads, the purchaser shall baiiabe 4
fne OF twenty-five dollars for each and every OF
all damages arising thereirom
The purchaser shall be bound TO keep in good re
par and condition during the continuance OF thu
privilege the paved and unDaved streets through
which the said tracks pass. as we'll as al
tho bridges and all the wings radating there
from on said streets and cross streets, and shoui
| the purchaser, after having been duly notified b.
the Street Commissioner refuse or neglect TO keel
said streets and bridges in good repair and condi
ton, IL shall he the duty of tine Street Commission
er TO cause the said repairs to be made at The eT
pense Of the purchaser and Of his securities, and
immediately report the same and the cost thereo
/ to the Common Council. and in the of a RI
tpsa By the purchaser pay TO the city the amour
pairs the said amount shall be recoverable befor
any court OF competent Jurisdiction.
said privilege by the Common Council and snail b
The purchaser shah De bound to furnish. nlscs
and maintain on SAID railroads sufficient number
to have drivers aforesaid as to make trips ri
and down sad roads as hereinbefore required
J required Tor the construction and maintenance Z
/ said roads
The rate Of fare between the starting point a
Canal street and the term at GENTLY road or 70
any distance between said points, shall NOT excee
| i've cents per passenger either way. ~
The roads shall be construct ID under the superb.
ION and to the entire satisfaction Of the City SUI
se{or and IN aeeordance with the lines and grade
70 0a gwen BY said officer
me purchaser shall furnish good and solven
security, satisfactory TO the Common Council in tn
sum o. Twenty-Five thousand dollars, 70 guarantee
the faithful performances OF the contract.
Inc city of New Orleans reserves the right TO US
the sald railr ads as main trunk for the railroad
Mhleh tne CITY may from time to time order TO b
constructed, and by re mbnrsing TO the contractor
Jar and reasonable proportion Of the value OF tn
portl or portions Of the road or roads thus used
saIu proportion TO be asoerained by two dis nte
estea PERSONS one TO be appointed by, the city an
the other ny the contractor, and in the event Of
disagreanen by said persons On umpire shall be Sc
eeteq by one Of the district courts Of New Orleans
the occasions rendered by them to be final
treasury upon the assessed value OF said roads an
fixtures the annual tax levied on real estate and tn
value Of sal roads and fixtures shall be assessed
the usual way and mode Of assessment
Ihe right and privilege SHAH be awarded for
term OF twenty years, to the party offering 70 tb
cars per eentags of the ross reoeifs ne ,sssI
gers uafhe on the lines of railroads. payable mont
~ into the city treasury, on returns made unde
oalh 5y the uIcnaser 70 the City Controller
The said railroads rollnR stock equipments an
hXtures 70 revert 20 the city of New dreams al tn
expiration Of said twenty years privilege on q Walt
sons, one t. be appointed By the city and the othe
| by the purchaser and in Of disagreemept b.
tween salo persons thus appointed. third party 0
courts Of and in the " Of New OrIeRns Ire deei,
| ion thereby mad % be final and bintnnV
It's vel understood that in case Of failure BY tn
purchaser to begin or finish said rods or an
part thereof, within the period liked. or IN cas-
the Common Council be dissatisfed With the man
ner In which the work Is being executed che Comuo
Council shall have the right to annuifhs eontrSo
without putting the contractor IA defsnit ss n
On REQ BY artnls 1905 Of the Civil Code and withou
Ftnopt indemnify; and IL IS also well nnderstoo
that In case inc purchaser shall, At any time
abandon the work or not finish and complete "a
same IN conformity With his contract the SAID par
CHASER shall forfeit all claims he NAV have for an
part Of the work done BY hin NJ 70 the date Of III
Aoanaonnent ane that the city shall their BY dis
fpri and Il US also well understood shat ia case .
\ sugh abandonment by the purchaser, OF an
oulment Of the contract by the Com non Council 70
hereinbsfore mentioned, or for any other caus