El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-03

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named, of the rights, privileges and
| franchises herein granted, shall be to
one and the same person, association or
| Ompany, and the assignment of the cleo
trio Street railway privileges and the
electric lighting privileges to different
persons or companies Is hereby ex-
pressly prohibited, unless with the con-
sent of the city council of the city of
Ell Paso.
Sec. Wilt is further provided
that the ten thousand $50, 000) dollars,
so to be deposited as aforesaid, as q
guarantee of good faith. shall be held
by the city until the said electric light
ing system shall be in actual operation
and at least four (4) miles of said cleo
trio street railway track is actually
laid and completed and operated
within the time and in accordance with
the terms of this ordinance, and if this
is done, the same shall be refunded to
the party entitled thereto.
Sec. kit is further ordained that
all street railway franchises, rights of
way and privileges heretofore granted
to any person or company, and which
are not being used by the operation of
street cars thereon, be and the same
are hereby annulled and forfeited; and
it is further provided that all street
railway franchises, rights of way and
privileges heretofore granted to any
person VI Of0F VIC Stf66US duu
route herein before mentioned, and de-
signated in section one D of this or
dinance, and which franchise, rights
and privileges are not being used, ex-
ercised or utilized by the operation of
cars thereon, be and the same are here
| by vacated, annulled and forfeited, and
| shall in no way interfere with or hinder
| or delay the enjoyment and use OF the
| franchise privileges and rights of way
| over and along said streets by this or
dinauce granted, to the parties above
| named and their assignee.
Sec. X.-The fare to be charged by
| the person or company operating said
electric street railway and cars within
the limits of the city of Ell Paso, shall
senger for one Q) trip, whether by the
same car or by transfer cars.
| Sec. Kilt is further provided that
| the rights of way herein granted on
and along Oregon street and Campbell
street from Fifth street, south to and
at the Rio Grande river, shall not both
be used and appropriated by the said
and at any time after six (6) months
from the date of said deposit, the city
council may demand that the said par
| ties or their assignee elect which of
| the said rights of way and bridges on said
| streets, south of Fifth street, they will
appropriate, and within sixty (6O days
after said demand, the assignee of said
| parties shall file q written election, stat
| ing which right of way and bridge they
have elected, and the franchise on that
portion of the said street, including
bridge and bridge site, not go selected
| shall be void.
Sec. KILT is further provided
that the said parties or company so de-
posting said sum of ten thousand
| $50, O00.) dollars shall complete and
| have in operation their entire line of
electric railway and electric lighting
system, within two ~ years from the
date of said deposit, and that all cleo
trio street railway franchises, rights of
way and privileges over streets or por-
| tiOns thereof, upon which an electric
street railway has not been constructed
| and operated within two (2) years as
above provided, shall in the discretion
of the city council, be annulled and for
| feited.
Sec. KILT is further provided
that If the owner or owners of said
lines of electric street railway or cleo
trio lighting system shall neglect, fail
or refuse without q reasonable excuse
therefOr) to operate any line or part
of line of railway or of said electric
| lighting system herein granted, after
the same is constructed, for term of
thirty (3O) consecutive days, the city
council may forfeit said franchises and
right of way as to said line. or that
| upon such declaration, the franchise
| herein granted, as to such line or por-
| tion thereof, shall be null and void.
Sec. XIV.-The inhibition against
pooling or consolidation with other
street car lines or companies, contain
ed in section six (VI) of this ordinance,
shall not be construed to apply to or in
hi 10 Ro
with any electric street railway line or
company, which may hereafter operate
an electric street railway in the city of
Juarez, Mexico.
Sec. XIV is further provided
that after the completion of said lines
of electric street railway sufficient
cars to comfortably accommodate all
passengers and patrons shall be run
upon the same, SO as to reach or pass
any given point on such line at least
once every half hour between the
hours of six a. m. and eleven D. M, and
if the convenience of the public shall
so demand, as much oftener as the city
council may prescribe, and the speed
OF cars may be regulated as said city
council may deem advisable, and COM
pliance with the requirement herein
contained may be enforced by ap-
propriate and reasonable penalties to
be prescribed by the city council. Pro-
vlded that upon such lines as may ex-
tend to points beyond the city limit
such reasonable schedule other than
that above prescribed shall be adopted
as will accommodate the public.
Sec. XVI.-It is further provided
that the right and privilege herein
granted, are upon condition, that
when the city of Ell Paso shall have at
tanned population of at least one
hundred thousand people the city coun-
Gil of said city shall have the right to
levy snch fair and roo Sonabla to-