New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1902-10-11


meeting of this Police Jury, called for tn,
purpose, it has canvassed said petitions 81
presented and has decided that majority
in number and amount of the abuttin2
property holders on the said public roat
haye signed said petition and whereas
this Police Jury is authorized by law tt
proceed forthwith to fix the terms, condi
tions and specifications of the said fran
elise, and to advertise and sell said fran
chise at public auction and in the manner
provided by law, now, therefore,
Sec /. BE it resolved that between the
hours Of II A. NJ. and j. NJ, 18th day OF
November, 1902, after due advertisement
thereof for thirty days in the official iourn
al of Iberia Parish, the President of this
Police Jury shall, mt the door of the Court
House of said Parish of Iberia, by public
auction sell to the bidder or bidders off
eTing the highest percentage of its gross
annual receipts as hereinafter specified a
franchise to construct, maintain and
operate railway utilizing electric, or
other motive power than steam, on the
entire length of the public road in said
Parish between and leading along the
Bayou Teche from the lower corporate
limits of the City of New Iberia, to the
to the upper corporate limits of the town
of Jeanerettc. The terms and conditions
and specifications of the said franchise to
be as follows, to wit
This said franchise, which shall not en-
clude other like franchises, shall he for
the term of ninety-niuo years, and no
longer. from the date of said sale. aud
shall, for that period, authorize the con
struction, maintenance and operation of
said road of single track line of railway,
together with all necessary turnouts. from
the lower corporate limits of the City of
New Iberia to the upper corporate limits
the town of Jeanerette, one half mile
of the railway along said road must be
completed within twelve months from the
date of said sale and the said entire rail
way must be completed and in operation
between the said towns within thirty
months from said date of sale and any
failure either to complete said one half
mile within said twelve months or to com
plete the entire road between said towns
within said thirty months, shall ipso facto
and without legal proceedings, forfeit
said franchise and all rights and powers
hereunder. No turn outs along said
road shall be used for the storage of cars
or trucks The track of said railway shall
be built and located, throughout its en-
tire length in the middle of said road and
the ties shall be placed below the grade
of saiG railway, which shall be the same
as that of said road, and no part of the
rails shall project above the grade or bed
of said road. Said railway shall be so
constructed, maintained and operated as
- 1,,l int of ,top 1x
impair, the use by the public of the whole
road, and specially of said portion occu-
pied by it.
The holder or holders of said franchise,
which shall be transferable and assign
able, shall, without expense to the Parish
make and maintain in good condition, all
bridges crossed by said tracks, also all
necessary culverts and openings for the
drainage of said road and the adjacent
properties; and shall further, put and
maintain in good order and suitable con-
dition, for use by vehicles Of all kinds,
that portion of road occupied by track,
and extending beyond the rails two feet
outward therefrom.
No fare, toll or charge exceeding two
cents per mile for every passenger and
his or her ordinary hand-baggage, or
parcels, shall be made or collected for
passage OH said railroad nor for a continu-
Gus passage from within either Of said
towns Cor point between) to any point
in either of said towns reached by said
railway or its connections; provided that
a fee of five cents ride for any distance
whatever, not exceeding two miles may
be collected. The said railway must be
operated continuously, and at least three
trains each way carrying passengers must
be run daily during daylight hours be-
tween the said towns, at hours arranged
reasonably for the accommodation of the
public And in the event of not more
than three or four trains being run
each way daily, not less than four hours
shall elapse between any two trains going
in the same direction. The said railway
shall have o right to carry freight, ex-
press, baggage and mail, as well as pas
sengers, and to perform all functions and
carry all things usual to railroads of this
character.
In the event of neglect or failure to
substantially conform to the foregoing
terms, conditions and specifications, the
said franchise and all powers and privil-
eyes Hereunder shall, by reason Of said
neglect or failure, cease to exist, and be
terminated.
Sec. 2. Be it resolved, that every bid
at said sale of said franchise must state
what percentage of the gross annual re-
ceipts of the said railway on the said road
between said towns will be given. First,
For the first ten years of the existence Of
said franchise Second, For the second
4 r -,cNa IS aa;I
chise Third, For the third ten years of
the existence Of said franchise; and
Fourth, For the fourth ten years of the
existence of said franchise, and in like
manner, separately the portion of said
gross receipts to be given for each subse-
quent period of ten years during the ex-
istence Of said franchise except the last
which shall be for nine years.
Sec 3. Be it resolved that certified
check or bond must be given by the sue
cessful bidder or bidders for the compile
ton of at least one half mile Of said rail
road within twelve months from said sale,
and of the entire railroad within thirty
months from said sale, which certified
check or bond must be drawn in favor OF
the President of this Police Jury in the
sum of One Thousand Dollars and if a
bond be given it must be signed in solido
by two good and solvent securities living
in the Parish of Iberia and approved by
the Clerk of Court of iberia Parish and
the said certified check or bond must be
given by the successful bidder or bidders
within one half hour after the sale and
adjudication of said franchise. And the
said President of this Police Jury shall
within said one half hour prepare verbal
of said sale and shall sign and deliver
same to the said successful bidder or bid
ders provided he or they shall tender said
certified check or bond within said one
half hour after the sale. The condition:
of said bond shall be that in the event thai
the principal or principals therein shall
fail to complete the required one hal
mile of said railway within twelve months
or shall fail to complete the said entire
road within Thirty months from the dat,
of said sale, and in the event of the sais
principal or principals on said bond shall
fail to pay the said sum of One Thousant
Dollars, the said bond shall be forfeited
and said sureties shall be liable for tn,
amount thereof.
Sec. T. Be it resolved that should tn,
successful bidder or bidders at said sal
fail to tender the said bond at said Cour
House doors within two hours after sal,
adjudication that he or thew shall ips