New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1902-12-20

by the majority in number and amount o
the property holders abutting the publ
road leading from the southern limits o
the City of New Iberia to the upper limit
of the town OF Jeanerette to advertise AM
sell a franchise to construct maintain AM
operate a railway, using electricity, o
other motive power than steam, upon th
! said public roads, between the point
| aforesaid, and,
Whereas, at this called public meeting
of the Police Jury, it has canyassed tn,
said petitions, So presented, and has de
cided and does declare that the majority
in number and amount of the abuttinf
property holders, on the aforesaid public
roads, have signed said petitions, now
therefore,
Be it resolved by the Police Jury of the
Parish of IBERIA:
See |. That between the hours ] | a. NJ
and z. NJ. on tho day of 2Ith of Decem
Der A. ID. 1902, after duo advertisement
thereof for thirty days in the official jour.
nal of the Parish of Iberia, the President
of the Police Jury, shall at the door Of the
Court House of this parish, by public auc
ton. sell to the bidder or bidders for the
highest percentage of its gross annual re-
eeipts, as hereinafter specified, fran
chise to construct, maintain and operate q
railway, utilizing electricity, or other mo
tive power than steam, on the entire
length Of the public road in said parish
leading along the Bayou Teche, between
the southern or lower limits of the CITY OF
New Iberia to the upper limits Of the town
of Jeanerette, said franchise to be as
follows, to-wit:
This franchise shall be for term OF
ninety nine years, and no longer, from
the date of said SALE and shall, for that
period authorize the construction mainte-
nance, and operation of a single track line
of railway, together with all necessary
spurs, turn outs, turn tables, switches,
and side tracks, from the lower limits of
the City of New Iberia to the upper corpo-
rate limits of the town of Jeanerette,
along the public road of this Parish run
ming along the Bayou Teehe The track
or tracks of said railway shall be built
and located along one side of the said
public road to be designated by resolution
Of this Police Jury, and may be, by the
Police Jury, required to be built, partly OH
one side and partly on the other provided,
that wherever the said line of railway
shall cross the public road, the ties shall
be placed below the grade of said road
which grade shall be the same rs that of
the said public road. Said railway shall
be 50 constructed maintained and operated
SO as not to unduly interfere with the use
by the public of said public road. The
holder or holders of this franchise, shall,
without expense to this parish, make and
maintain in good condition all bridges
across all said tracks, also all eulverts
and all necessary openings necessary for
the drainage of said road.
Sec. g 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 on said railroad, nor for CONT
nuous 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 Il
fee of five cents a ride for any distance
whatever, not exceeding two miles, may
be collected. The said railway must be
operated continuously, and not less than
two trains each way carrying passengers
must be run daily during daylight hours
between the said towns, at hours arranged
reasonably for the accommodation for the
public. And in the event of not more
than two trains being run each way daily,
not less than six hours shall elapse be-
tween any two trains going in the same
direction. The said railway shall have the
right to carry freight, express, baggage
and mail, rs well as passengers and to
perform all functions and carry all things
usual to railroad of this character.
FORFEITURE OF FRANCHISES:
In the event the holder or holders of
this franchise fail to conform substantially
to the foregoing terms, conditions and
specifications, after he or they have been
and neglect, and have not corrected such
cease to exist and terminate without any
further proceedings.
Be it further resolved, etc.
Sec. 3. That every bid at said sale of
said franchise shall state what percentage
of the gross annual receipts of said rail
way on the said road between the said
towns shall be given, 1) for the first ten
years of the existance of said franchise,
(2) for the second ten years of the exist
ance of said franchise, (3) for the third
ten years of the existance of said fran
chise, (4) for the fourth ten years of the
existance 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-
istance of said franchise, except the last
which shall be for a period of nine years.
Sec. 4. Be it further resolved that the
sum of one hundred dollars in cash or q
certified check for that amount shall be
deposited with the President Of the Police
Jury by the successful bidder at the mo-
ment of adjudication on the 9th day of
December, A. d. 1902, the day of the sale,
which one hundred dollars shall be for
feited to the parish, unless within four
months from the sale the successful bid
der shall accept by public act before any
competent Notary Public the terms of
this ordinance, in which event the said
one hundred dollars shall be returned to
the successful bidder, and shall agree and
undertake in said public act to construct
not less than one half mile of the said
railway within eighteen months from the
date of said act, and to complete the
whole and entire line herein provided for
within three years from the expiration of
the said eighteen months, and shall give
bond with security approved by the
President Of the Police Jury in the sum of
one thousand dollars ($1 .000), conditioned
on the full and faithful performance OF
said undertaking and contract.
And in the event the bidder fails to
make the deposit Of 900 dollars in cash OF
certified check as hereinbefore provided
for at the moment Of adjudication, then
the President of the Police Jury, ut once,
and without further formality, shall re-
offer for sale the said franchise and shall
adjudicate the same to the last and high
est bidder who does make the required
deposit.
And in the event the successful bidder
shall fail to enter into the notarial con
tract, as hereinbefore provided, within the
time stated the same shall be forfeited te
the parish, and the franchise shall cease
to exist and all rights of the bidder shall
ipso facto cease and be forfeited without
any further formality whatever.
See. 5. Be it further resolved that this
holder or holders Of this franchise shall
have the right to transfer and assign
same, but without expense to the parish
Sec. 6. Be it further resolved that il
the event Of war, pestilence, epidemic
strikes, panics, or other public. calaiaities
then and in that event the holder o
L 4 a A. .xR 4. ~ III