New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-27
OFFICIAL NOTICES.
and privilege is granted upon the following tern
and conditions:

and privilege is granted upon the following terms
and conditions:
ARTICLE I.
That the rails used shall be of pattern simila,
to those now in by other city railroads. The
timber used shall be of the best quality Of swamp
cypress upland yellow pine, free from sap, and
Of such dimensions as may be designated by the
City Surveyor
That the cars shall be of like construction with
hrst class cars used upon other city railroads
ARTICLE
That the lines and levels for the road shall be
nxed Dy the City Surveyor, and its material and
construction shall be subject to the approval of the
City Surveyor and Administrator of improvements.
ARTICLE V.
That the rate of fare for the whole distance shall
not exceed hve cents for each passenger and the
cars shall not be run at speed exceeding six miles
per hour.
ARTICLE "
That the railroad, ears, mules, machinery, fl X
lures ana the property of the company shall be
subject to assessment and taxation in manner and
form as other taxable property in the city is
assessed.
ARTICLE W.
That at the expiration of said grant of right of
way, the road rolling stock, equipments ma
chinery, depOts, fixtures, and the property and
effects appertanng to the company shall be sub
1ect to be taken by the city at valuation to be
fixed by two dis,nterested pei sons, one to be ap
said grantees or their assigns In the event that
said Two appraisers shall not agree, then another
shall be selected by them, whose decision
pre- shall be final; and in the event of a failure
thus to appoint umpire the valuation shall be
determined by one of the district courts of New
Orleans having jurisdiction over the matter with
night OF appeal to the Supreme Court of the State
ARTICLE VII.
That the said railroad shall be completed and
opened for public use by the first day of January
1874, and the right of way and privilege granted
herein shall continue for twenty years from and
after the opening and completion of said road.
ARTICLE VIII.
That the streets through which said grant ex-
tends as well the bridges thereon shall be kept
in good running order during the term of this
privilege by the company.
ARTICLE TX.
That in order to provide for an accommodation
of the people of the Sixth District, not heretofore
enjoyed, it shall be the duty of the said grantees
upon the completion of said railroad, to run at
short intervals from five clock A. NJ. until twelve
o'clock at night, and after that hour at intervals of
not less than one hour each way, until five o'clock
A. NJ, when short intervals must be resumed.
ARTICLE X.
That whenever the Administrator of Improve
ments may become aware that said grantees hav e
failed to keep any street in repair according the
provisions of the foregoing articles, the said Adj
ministratOr may issue a written notice to them at
their dOmicile requiring said repairs to be done,
and if the said work is not begun within forty
eight hours from the service of said notice and
ministrator may cause said work to be done at the
charge and risk of said grantees, who shall be
u&Die Tor all costs and expenses, which may De IN
CURED in executing said repairs and shall rel NJ
burse the same to the city on demand.
ARTICLE xI.
The said Shelby Seymour, his associates and as
signs, and their successors shall have the right of
employing and using in the running of their cars,
any other motive power, instead of horses and
mules, which may be adopted or found practicable
for the purpos-, subject, however, to the police
power OF the city relative thereto.
ARTICLE XII.
That the said grantees shall agree TO all the nro.
visions of this ordinance within sixty days after
its passage, by act before any competent notary
public, failing therein, this ordinance to be null
and void; but nothing in the provisions eff this
ordinance shall be construed into obligation on
the part of SAID grantees to repair said streets
until the completion of said railroad.
ARTICLE XIII.
That the city of New Orleans reserves the right
to lay gas and water pipes in the streets named
the route of this railroad, and the said city in
cutting said work, shall use much of said streets
as may be necessary without becoming liable for
damages or otherwise to said grantees.
ARTICLE XIV.
This ordinance is not to be construed as grant
of way, and to that extent only is the city to be
bound and if compensation for the use of any %
the streets is set up by private Individuals, or
owners of property, the city is in no way or man.
to be made liable therefor, to the company, or
any person or persons whOmsoever.
Adopted by the Council of the city of New Or
leans July Is, 1871
Yeas: COckrem, Shaw, Delassize, Remick Lewis
BENZ F. FLANDERS, Mayor
A true copy:
II. Conquest CLARKE, Secretary. je21 1t