The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-08

shall not exceed five cents for any distance,
going Or coming.
ARTICLE "
The rate OF speed not to exceed six miles
per hour from BASIN street to Broad street
pr0rided, 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 prescribe
rules and points for landing and receiving pas
car al least every half hour from each end Of
the road from n. 10. until 9 p. m, and from
April to September run n car every hour from
. p. IN. until II p. IN.
ARTICLE vi.
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
fixtures may be taken by the city ut an ap
praised value, to be ascertained in the follow
Ing manner: Two DISTINGUISHED persons. 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 appraisers, whose decision
shall be final, propihed, 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 tho said grantee shall keep such por-
tions of the streets and public places Ms may
be- occupied by the tracks, side tracks, turn
outs. turn tables 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 completed
from Gnnal and Basin streets to the lake
s.t,f nd in will vt U IN
from and after the passage Of this ordinance,
In case the road Is not com rnenced, com
pleted and In actual operation within the
time specified the rights and privileges
that part of the road from the mouth Of Or
leans canal to the New canal, and from the
mouth Of the Orleans canal to Milneburg,
shall be completed and In actual operation
within two years from the PassaRe OF this
ordinances, under penalty Of the forfeiture Of
the right Of way tor such portion Of the road
along the lake shore.
Tint nothing IN this ordinance, or In the
grant Of right Of way other rights. or In
ths notarial act made in pursuance Of this
ordinance shall be construed as binding the
city Of New Orleans or making the said city
liable directly or in warranty for any claims
Of citizens or corporations on accounted said
ordinances, grant Or notnrial act, or any claims
for infringement of rights or damages to per
SONS or property caused ny Inc RTaHLho DI III
any way resulting from the construction and
operation ~ the said railroad by the said
grantee; nor for any claims for damages,
losses or injuries sustained by the said
grantees in ease they should be deprived Of
their rights or be intnrfered with in the ex-
ereise thereof by any person whatsoever,
save It be by the lawfully constituted author
tiles Of the city. nor shall the said city be
liable for any work done OF material used in
paving or repairing streets in pursuance Of
this grant or under the direction OF and con
tract with said grantee.
ARTICLE xI.
That nothing in this grant or privileges
granted shall be construed as authorizing
said grantees the right or privilege Of erect
ing any depOts. sheds or station houses or
buildings, without plan and sites Of the same
be submitted tothe Council for their approval.
ARTICLE XII.
The city Of New Orleans reserves the right
to use the said railroads MS n main trunk for
other railroads which the city may from time
| to time order to be constructed, by remburs-
t ing to the contractor a fair and reasonable
proportion Of the value Of the portions Of the
roads thus used. said proportion to be ascer-
| tanned and fixed by two DISTINGUISHED parties,
one to be appointed by the city and the other
by the contractor, and in the event Of q dis
| agreement rs to said proportion to be paid
| by the city between said persons thus APP
! pointed q third person or umpire shall be
| appointed by one Of the district courts of and
! In the city Of New Orleans, the decision there
| by had to be final
/ BE It further ordained, That all ordinances
| or pnrts Of ordinances now in existnnce that
conflict with the foregoing be and the same
are hereby repealed.
| By Mr. Rengstorff and adopted
I'nfavorably on the petitions Of VIM. P
| Nomback, s. Anderson. Widow b. Mornre
and Mrs Mary Dwyef, executrix, for re-
duetion Of assessments.
The following report from the City Attorney
was read:
OFFICE CRY ATTORNEY.
City Hall. New Orleans. April 30. 1878.
To the Honorable Mayor and Administrators
Gentlemen j have the honor to report In
reference to the resolution referred to me-
authorizing the acceptance Of the bid Of II. J
| Martin for the construction of thirty nine
bridges in the Fourth and Sixth Districts 81
this city, that the contracts made by the city
with Peter Marley give the latter the exclu
sve right. under said contracts, to build al
new bridges within the said districts for two
years from July |, 1877.
/ / nm of opinion. therefore, that If the pro
posed work should be given to Mr.. Martin il
would be in violation of the rights of Mr.
Markey under his contract.
Very respectfully, h. +. JONAS,
City Attorney.
| The following report was read and adopted
CRY HALL. May 7, 1878.
| To the City Council:
BY special arrangement with the Louisiana
| National Bank and the consent in writing o
/ other parties, securities on the appeal bond il
the NJ yra Clark Gaines suit. we beg leave Il
report that we have made settlement will
the attorneys, of Mrs. q. Bouny for the por
ton Of Judgment against estate Of G. Rose
Illus, amounting to $7059 %.
j. G. DENIS,
Administrator Of Finance.
J. q. BROWN
Administrator of Public Accounts.
Mr.. McCaffrey reported that he receives
only one bid for the building Of draining
machine on Orleans canal, from VIM. Gold
ing. for S42,5oO, which he thought was to-
high, and recomm ended it's rejection.
The report was adopted.