New Orleans Republican., 1873-08-07
NEW ORLEANS REPUBLICAN, THURSDAY, AUGUST T. 1873

proved by the. Council, the lumber and ma
terials used in the construction OF said road
and bridges to be approved by. and the
road to be constructed under, the super
vision of the Administrator of Improve
ments and the City Surveyor; and that,
should it ever be deemed necessary to lower
or change the grade of any part OF said rail-
road. the same shall be done at the expense
of the company; provided the company
shall not be required to grade any more
than may be required to lay their track OF
tracks.
The company may use either the Reming-
ton Car and engine, Lamms tnermo-specinc
engine, or. such other as may be approved
by the Council, or horse or mule power.
ARTICLE ~.
The rate of fare from Canal street to the
City Park, or for any intermediate distance
shall not exceed five cents for each passen-
New Canal or Bayou st. John. or for any
intermediate distance the fare shall not ex-
ceed five cents for each passenger. Inc
same rate for returning. The fare on the
lake shore levee shall not exceed five cents
for any distance. going or coming.
ARTICLE V.
The rate of speed not to exceed six miles
per hour from Basin street to Broad street;
provided, that the rate of speed on any
part of the road may hereafter at any time
be limited by the City Council to six miles
per hour, and that the Council may pre-
scribe rules and points for landing and re-
ceiving passengers. and the SAID grantee
shall run one ear at least every half hour
from each end of the road from A. NJ
until 9 P. NJ, and from April to September
run car every hour from P. NJ. until II
Pm.
The road, cars and fixtures are to be as
sessed and made to pay an annual tax as
other property Of like value.
ARTICLE VII.
On the expiration of said right OF way
the road. rolling stock, equipments. depots
and fixtures may be taken by the city at an
appraised value, to be ascertained IN the
following manner: Two disinterested per
sons, one to be appointed by the city and
the other by the said grantee, shall fix said
value, and in the event of disagreement an
umpire shall be selected by said two ap-
praisers, whose decision shall be final; pro.
vided that when the said two appraisers
fail to agree upon an umpire he shall be
selected by . judge of one Of the district
courts Of the parish of Orleans.
ARTICLE VIII
That the said grantee shall keep such
portions of the streets and public places as
NAV be occupied by the tracks, side tracks,
turnouts, turntables and switches in good
order and condition from curb to curb.
ARTICLE TX.
The work of construction Of said railroad
shall commence within thirty days after
the passage of this ordinance, and be com
pleted from Canal and Basin streets to the
lake shore. and in running order within
twelve months from and after the passage
of this ordinance. In case the road is moi
| ton within the time specified, the rights
and privileges herein granted shall be null
| and void And that part Of road from the
mouth of Orleans canal to the New canal
| and from the mouth of The Orleans canal t.
| Milueburg shall be completed and il actua
| operation within two years from the pas
sage of this ordinance under penalty of tht
| forfeiture of the right of way for such por
| ton of the road not completed along th'
lake shore. The city, however. agrees tt
| complete the excavation OF Orlean
| canal on the west bank, and shall not pu
| the said company in default until after thu
| completion of said excavation.
ARTICLE <.
! That nothing in this ordinance or IL thu
| grant of right of way, or other rights, %
| In the notarial net made In pursuance o
| this ordinance, shall be construed as bind
ing the cits of New Orleans. or making th'
| said city liable directly or in warranty TO
| any claims of citizens or corporations OF
| account of said ordinance, grant or notarla
| act. or any claims for infringement OF right
| or damages to persons or property caused
bv the grantee or in any way resulting from
/ the construction and operation OF the SAT-
| railroad by the said grantee. nor tor an,
claims for damages. losses or injuries sus
tanned by the said grantees or their sue
cessors or assigns, in case they should D
| deprived of their rights or be interfere'
| with in the exercise thereof by any persol
whatsoever, save it be by the lawfully con
stituted authorities of the city; nor shal
the said city be liable for any work done o
materials used in paving or repairing street
ia pursuance of this grant. or under tn
direction Of and contract with said grantee
ARTICLE xi.
That nothing in this grant or privilege
| granted shall be construed as authorlzln
said grantees the right or privilege of erec
ing any depots, sheds or statlonhouses Q
buildings without plan and sites OF tn
same be submitted to the Council for thel
approval.
ARTICLE XII.
That ordinance No. 1858. Administratio
series, granting George +. Brott and his a
sociates the right to construct railroad
etc. also ordinance No 1913. Administr;
ton series, amending the same, and a
other ordinances bearing on this subjet
are hereby repealed. and that the sal
grantees shall accept and agree TO all II
provisions of this ordinance by filing wit
the Mayor certificate of acceptance With
ten days after the passage of this ordinanc
and failing therein. this ordinance to
null and void.
| ARTICLE XIII.
Be it further ordained etc, That this ord
nance shal! take effect from and after /
passage.
| Adopted by the Council OF tie city Of Ne
Orleans. August }, 1873.
Yeas-Brewster, Calhoun, Fltzenreite
SturckeD, Turnhull.
LOUIS A. WILTZ. Mayor.