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

in the city of Ell Paso, for the purpose
of furnishing light, heat and power by
means of electricity for their own use
and that OF the customers; provided,
that the poles and wires shall be
placed in position under the direction
of the city engineer, and the same
shall not interfere with or injure the
poles and wires of any other parties:
nor injure nor interfere with the prop
erty OF others, nor obstruct the streets
or alleys; and provided, further that
the charge for light to the city of Ell
Paso and it's citizens shall be at all
times fsir and reasonable, but shall
not be greater than one (S1.OO) dollar
per month for each light of sixteen 16)
candle power, running all night; and
not greater than five (S5.70) dollars and
seventy cents per month for each light
of one hundred Q00) candle power run
ming all night, and for arc lights of
twelve hundred (120O) candle power not
more than eight $500 per month per
night, moon schedule; and for other
lights of greater or less power, or for a
greater or less time, in proportion; and
it is further provided that the said par
them, shall within the time herein
directed and contemplated, to wit, two
~ years from the date of the passage
of this ordinance, establish and main
tain in said city. if so required
by the city council of said
city, such number of tower electric
lights as the city council may reas-
onably prescribe, the cost TO the city
for the use of the same to be regulated
by contract, but the cost shall in no
event exceed or be less than a reas-
enable price therefor, and failure to
erect said towers and to operate said
electric tower lights and maintain the
same, II requested as aforesaid by the
city council, within the time by this
ordinance contemplated and provided
| for other lights. shall at the option of
the city council, forfeit all the light
and power privileges herein granted.
| Section IV.-The said parties or
their assignee, shall construct said
electric street railway track along and
over said streets and route aforesaid, ,
so as to conform to the street grades of
the city of Ell Paso, and at all times
shall maintain said track in accord
ance with the material Of said streets
and said grades; the rails to be used in
the construction OF said electric street
railway track shall be the most ap-
standard size, weight and quality; and
at all times furnished with good and
sufficient crossings; and said track
shall be kept in good repair for the
passage OF vehicles over the same at
all street crossings, and along said
streets, all to the satisfaction of the
city council; and it is further provided
that the persons or company operating
said line of electric street railway,
shall be required to sprinkle their said
line Of railway and right of way st
such times and in such manner as the
city council may reasonably require.
Section V.-The rights and privi-
leges herein granted to said parties, are
| upon condition that they shall assign
the same to some person, association
or company within six (6)months from
the date this ordinance shall take eff
feet, who will undertake to build and
and lighting and electric power sys-
tenn, and which assignee shall before
said assignment can become effectual
and valid, deposit with the city treas
urer of the city of El Paso, the sum Of
ten thousand 100000 dollars
as a guarantee and liquidated and
ascertained damages, that the person
will within eight ~ months from the
date of said deposit, commence in good
faith, the construction of said railway
and electric light plant, and shall
within six (6) months thereafter, have
constructed and completed at least
four az miles of said electric street
railway track, and shall at the expirs-
ton of two (2) years from the date of
said deposit, have Gin actual operation
the said electric street railway and
lighting system, which sum, on failure
cone forfeited to the city of Ell Paso,
for such uses as it may see fit.
And it is provided that if upon any
of the str acts or rights of way. or
parts thereof, herein before named, and
hereby granted for the purposes
aforesaid, the said electric railway
shall not be completed and operated,
and the said streets or kparts thereof
shall not be in actual use by the opera
two ~ years from the date of said de-
posit, the rights and privileges over
the same hereby granted, or that por-
ton thereof not SO used, shall at the
option OF the city council, be forfeited
without further notice; and should
said poles and wires be not so erected
and said lighting system operated uD-
der the restrictions, and for the prices
herein prescribed, within the time
above set forth, then the right and
privilege to do SO, shall at the option
of the city council, be forfeited and
annulled without further notice.
Sec. VI.-The rights and privileges
and franchises hereinbefore granted
to said parties above named may be,
and it is contemplated shall be. as
signed upon conditions and under the
restrictions and upon the deposit, made
in the manner hereinbefore prescribed,
at any time within six (6) months from
the date this ordinance shall go into
effect and mot thereafter, unless with
the consent OF the city council, and IN
less said assignment is made, and said
money deposited as hereinbefore
described, within six (6) months from
the date this ordinance shall take eff
feet, then the rights and privileges
hereby granted to the parties above