El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-09-23

Paso Northern Railway company;
thence northerly along such west side
of right-of-way of SAID Ell Paso North
ern hallway company to the north
easterly limits OF the city of +.
PaoO; also a right Of-way OF said width,
beg inning at the c-ntec of the inter-
section of Noyes aud st. Louis streets
in Coston's addition; thence curviug
south LAST TO p)Int whece Myrtle
street intersect5 the dividing line be-
tween Cotton's and Bdssett's additions
Sec. 5. Also d right to build, con-
struct and ma nLaln all necessary
freight and passenger depots and
switch yards on such real estate lying
along toe route OF said right-of-way
as may be acquired by said com pany
| from The owners thereof.
Sec. =. The righ;-of-way and fran
chiszs herein granted are upon the
! following conditions, viz: That said
company shall cJmmeuce construction
of It's line of railroad over the streets
aud alleys or parts thereof, Included
in either section 2 or ), herein grated,
WITHIN ninety (9O) days from the pas
sage of this ord nance, and snail then
prosecute the work of construction
with due diligence until comp elton
as herein prov1ded'fOr, and upon fail
ure to commence or so construct the
same as herein prOvl led, tnen this ordi-
nance shall be null and VOID; and said
company snail grade its tracks as to
conform to the OIL :ial grade as estab-
lIsned by the city OF Ell PasO, and
shall keep sucn streets aud alleys
crossed by sucn road, aud which are
USED or required by the public, open AT
all times iOt the free passage Of the
| pubic, except as herein before other
wise provided, anu stall maj ntain good
and sufficient plank crossings over
said streets and alleys.
Sec. I. And 1t Is further cOndi
ton of this franchise that this
company shall construct and
acquire such railroad from the city
of Ell Pa5o, Ell Paso county, Tex, in a
mort Sterly erection to the dividing
| line between the STATE of Texas anu
the Territory of NJ .xicO within nine
| 90 months from the date hereof, AMI to
d point 100 miles iron the city of Ell
Paso, Texas, on or before Ell Il Ueen (lS)
months from the day hereof.
Sec. s. SAID railway company shall
s=lect witnin six (6) months from date
| hereof, whother it will construct its
railroad and tel minals upon the right
OF way granted In section 2 of this or
| d1uaDce, or thai which Is granted in
SectlO ) of the same, and shall notify
the clerk of tne city cJuncil of the city
| OF Ell PdsO of such SeIecLiOn in wiring,
| within the time pamed, and Thereafter
the right of way described in such
| section not selected shall revert to the
city of Ell Pa, o, free from all claim of
said trustees of such company to such
rignt of way so unsolicited.
Sec. y. Inc rights, privileges and
franchises herein granted shall con-
| tlnus AID exist for two years, provided
| that If their Cantees or their assigns
shall begin, construct and complete
| = 10. 4 l..
manner, to the extent and within the
time ~ entiope1 in sections and
hereof, then aud in that event tue said
ghts, privileges and franchises shall
continue and eXs5sfOrever.
Sec. 10. The.clty of Ell Paso has re
celved of tho grantees ten thousand
DO lars Ii said grantees or their as
signs saall be. in, construct and com
plete the aforesaid rail- Dad IN the
manner to the extent and within the
time mentioned in sections g and here
of, then aud in thai event, but not
Otherwise, the city of Ell Paso will re-
pay ID said grantees the sum of tel
thousand dollars as aforesaid, aud the
same is hereby declared to be a spe cial
III to be neld subject to the prOvi |
slons of this ordnance in reference
thereto, and the city treasurer of the |
city OF Ell Paso ard his succe s.or in Of |
flee a e hereby Cirec ed AMI required |
to hold and p, eserve said sum Tor The
purposes aforesaid, aud to keep the |
sa ne sep4ra c from other funds of the |
ci y, aud no to use the same for any |
purp Sc unless forfeited by the terms
OF this charter.
Sec. II The grantees must asst gu the !
rights, privileges and franchises here |
in e ant d within ninety days from |
this date to some duly organized and |
incorporated railroad company or the !
same shall cease aHd be of no effe and |
void. The city of Ell Paso In the event |
of such ass gnm cut will grant and con- !
firm said. rights, privileges and fran
chises TO said assig uee comp-ny by |
sufficient ordinance,