El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-22

I the same be under and IN accordance with
Interference by the City By any ordinances.
| rules or regulations. save and except rea-
sances and said Railroad Company may.
II Il so desires. for such consideration and
upon such terms As Il may dstermine
tracks 20 such other railroad generations
e nay now have or hereafter scQuirs from,
their trains over said depressed tracks
which franchise the City agrees to grant
e PaSo & Southwestern Railroad Com
pa1y. o. Texas. IL being distinctly under
stood. however. that the Railroad Com
pany shall not be required 10 grant any
such trackaEs rights TO any Erch corpora
after ScGuire such franchise. the Rssirosd
Company having tho right to decline 70
permit such trackage rights 20 any such
corporations. II it 50 desires
and said City shall not have the power
at any time require said FL Paso & South
use Of said tracks or remove them 20 any
other place or cover said open subway. ex-
nance repeating this ordinance or any part
Of the same or which conflicts with the
densone upon said Railroad Company than
the provisions hereof or that REQUIRES said
with reference to that part OF its track so
depressed than Is required hereby.
Section Il; After said tracks have been
50 depressed as above provided Il shall
be unlawful for any person other than an
emDlOye OF said Railroad COMPANY then
or one riding upon the trains OF the said
Railroad Company. or its lessor. or lessees.
passenger. or by express authority Of the
said Railroad COMPANY. or OF such lessee
s sse spT 5sst Of said Ts 20 90 der
pressed OF OF any cars OF engines oDerat-
ing thereupon. or to be In or upon any part
Any person Violating this section OF this
ordinance shall upon conviction In the
ished BY a fine OF not less than Five
$500 Dollars. nor more than Two Trn-
dred (S200.00l. IN the discretion OF the
court or Jury irving the case.
Section 10. The said City Of FL Paso
at ali times in the future to protect said
depressed tracks and subway rom surface
or flood waters. and to prevent such sur
or accommodating on or IN said tracks or
subway. and TO that end to begin within
the construction OF n storm sewer OF suf-
ncient character. size and capacity 10 take
care OF all such surfece or flood waters
and prevent the same or any portion
thereof from flowing upon or accumulat-
Ing on or in said tracks or subway. said
ancs with plans and specifications ap-
proved by the City Engineer and the Rail-
road Company's Engineer OF Maintenance
said storm sewer shall be. constructed
along some convenient route IN said City.
a section OF which shall lie in Franklin
Street from Campbell Street 10 Main Street :
II Elall De COLipltLeQ Be4DEt the M4lcA
the work Of depressing said tracks Is be
gun and shall thereafter be continuously I
maintained by said CITY
tion BY the City the money expended by I
the Railroad Company in doing the work
as adding any value to the prop !
erty % the Railroad Company and shall l
not be considered BY the City in fixing /
work or structures produced by the eN- i
penditurs OF such money ever be taxed By 4
the City. but such right-of-way. subway. i
roaCbed and tracks shall be valued FOR !
have been placed upon them had said 4
tracks remained on grade as at present.
acquired and is now the sole and legal j
owner OF all that certain right-of-way ana /
ieEes and immunlties heretofore granted /
By the City OF II Paso 10 the Fl PasO
ordinance OF the said City passed and an
proved June 18th. 1901. and recorded in
q the City Council OF City Of 81 Paso.
Ana WHEREAS. certain sections and
are rendered obsolete BY the passage OF 4
MS ordinance Or are out OF harmony with
BE IT ORDAINED that Sections 5. s.
and 10 Of said Ordinance above described
TO the operations OF trains over or across
the streets above mentioned. and the fol-
lowing part OF Section y. OF said Ordi-
nance to-wlt; And any violation OF this
section OF this ordinance shall Operate rs
D forfeiture OF all rights and franchises
granted IN and BY this ordinance and
he following part Of Section 10 or said
Ordinance above described in this section
to-wu- And any violation Of this eectf0n
- this ordinance shall operate Is a for-
leiture OF all rights. franchises and priv
leges herein granted. and Section Six
repealed
Section IL. And. WHEREAS. it is nee
sssary. IN order for the said Railroad Com
2any 70 depress its tracks ana roadbed as
nereln provided. for Il TO start such deDres-
son at point west OF the Intersections
stree enc Durango Street in said CITY OF
~ faso Texas. but IL Is inuossfb1e FOR
iailc haiifOdd Company on a practical
Sradc from such point TO so depress its
racks. that its trains viii pass sufficicnt- I
n below the grade OF said Main and Du- !
-anEo Streets al SAID points OF intersec-