El Paso herald. (El Paso, Tex.) 1901-1931, 1917-04-24

SUBWAY. except
above provided or pass anv ordinance re-
Dealing this ordina nee or any part q the
~ nSr. 1880 ~ = w. 49, L,- ss..S -
upon said Railroad Company than the pro-
s6 co@T @ do 9ls nT ragzef fuf Tse Sf
pressed than is required hereby
Section Il. After said tracks have beea
so depressed a. above provided II shah -
unlawful for any person other than an slas
rloye OF saic Railroad Company then -
discharge OF HIS duty IS such enpioye. -
one riding upon the trains Of the SAID
Railroad Company. or It's lessor or leesees>
or Ecelses or Licensees or assigns a. .
passenger. o. By express authority OF the
said Railroad Company or or such iesses
or iessses. licenses or licenses. TO 20 or
oe uDon any part o. SAID trseks 50 de-
pressed or OF any cars o. engines oDerar-
ing thereuDon- or to Be IN or uDon any mart
Of said open subway
ANY person violating this section OF this
ordinance shall upon conviction IN the Court
having Jurisdiction thereof. be punished by
a fine II not less than Five $500 Dollars
lars in the discretion q the Court or iurg
trying the case
section Is. Tbs said city Of e Paso
hereby agrees TO use reasonable diligence
AZ all times IN the future TO protect said
depressed tracks and subway from surface
o. flood usfsTs from ~ fiowin. Upon or &C.
formulating on or IN said tracks or subway.
SbIs f,-ts afrer ne dsre bereos ire cou-
character. size and capacity 10 take caro-
Of an such surface or Hood waters and pre-
vent the same or any norton thereof from
flowing upon OF accommodating on or in said
tracks or subway: said storm sewer to b
constructed in accordance with plans and
Specifications approved by the City Enzi-
neer and the Railroad Conpsny's Enztnee-
OF Maintenance OF WAY.
said storm sewer shall be constructed
along some convenient route in said City. q
section OF which shall lie in Franklin
Street from Campbell Street 70 Main Street
II shall be completed before the time when
the work OF depressing said tracks Is be-
gun and snail thereafter b continuously
maintained by said City.
section IG For the purpose Of taxation
b. the CITY the money expended by the
Railroad Company in doing the work here
by required 70 be done shall never Be re-
garded as adding any value to the property
considered By the city in fixing such value
for taxation nor shall the work Or struc-
money ever Be taxed oy the Cts. but such
rtght-of-way, subway. road bed and tracks
value which would have been placed uDou
them had said tracks remained on grade a.
section Il. And WHEREAS. the SAID
Railroad Company has heretofore IaTfulls
e. Of ali that certain riEht-of-way and al
those certain franchises. rights. privileges
City Of II Psso TO the e Paso Tsr1ainsi
Railroad Company by that certain ordinance
fth. 1901, ana recorded in Book L. psEes
S 20 yea OF the Minutes OF the city Co1a-
And. WHEREAS. certain sections sr6
parts q said ordinance hereafter described
ordinance. Or are out Of harmony with rhs
BE IT ORDAINED that sections So
and 10 o. said Ordinance above described
II t2is sec,lon' IN 50 far as the sans rsfs-
% the operation OF trains over or across
the streets above mentioned. and the foI-
,lls p o ssetl2n y; OF SAG orolnsnce
le-WtL- ana ally VOCATION OF this section
Of this ordnance shall operate as = for
Ieltlre O. Al rights and franchises granted
n anu oy this ORDNANCE. and the follow
inE part Of section l5. OF said ordinance
anu any violation q This section % this
ordnance shat operate as forfeiture Of all
granted and section sixteen f16). b. ard
the same are hereby repealed
essary. IN order for the said Railroad Con-.
Dany 70 ceDress its tracks and road bed a
Of the main line OF said road with Nal
street and DURANGO Street in said City OF
Il Paso, Texas but It g imoossibie for said
Railroad Company on q practical zrafs
that its trains viii pass sufficiently below
the grade OF said Main and Duranro strest.
the depression Of its tracks At any uotnt =
sufficient distance west OF said Main s-d
trains on q practical Erads s1ttreiT bsI5-5
the grade Of said Main and Durango Street.
streets vshers they intersect ne S--ss1S
main line OF said Railroad Company Is
rad Company. to deDress It's tracks a.
NOW THEN. IT IS FURTHER Or
PANIED BY THE CITY COUNCIL OF THE
CITY OF FL PASO. TEXAS. that IL VIII.
said Main Street to Be closed and s6s 9ss
doned as . street between the south line
San Francisco Street Where said Main strses
intersscts the right-of-Way OF the szi6
be closed bet1Tesn Main street. and 'I FrauE
lin Street. and this ordinance shall not be
shall 1t De obligated 70 DO any OF the WORK
herein required TO be done By Il hersunds-
been 50 legally abandoned and closed rs
"a sSlai so2neonnsnS sad closing o. seid
precedent 20 any obligations uDon the part
OF the Railroad Company to dsDress said
REQUIRED 10 be performed By Il hereunder.
i4or SHAH the said Railroad Company Be
70 be done hereby. save and except the
Of plans and Specifications for
Dieted the construction OF the storm sewer
mentioned n section IS. hereof. nor while
o. any Of is agreements % be performed b.
Il as herein SET forth
Section 1e- Should Il Esreaftey b. dis
covered OF octucEed by any court that any
section or portion Of this ordinance Is M
son, Il shall nct affect the validity and
constitutionality OF the remaining portion
clarec unconstitutional. void or invalid is
50 interwoyen with Or dependent uDon tho
same cannot be enforced intended b.
this ordinance. provided however. that this
o. and should the court hold such latter
section unconstitutional. void Or invalid al
't this ordinance shall be considered a.
yold and invalid
Section p. Upon the nlinE BY tbs said
road Corunany IN the Office OF the Cit
Clerk OF the City OF Il PasO. Texas. q =
81 ritten acceptance Of this ordnance the
same shall constitute q contract between
me city and the said Railroad COunpsny
and as such sll OF its terms provisions and
,ondt tons shall inure TO the benefit OF and
be binding upon the City and tbs said
Railroad Company.
Section 81 said Railroad Company ny.
however. II cases where said s,fbJfay -
tetour temporarily and during the exist
snce Of said emergency. its trains. eagInss
and cars over anv other rails IN said Cirr
Section - said Railroad Company j.
hereby granted the riEht and privilege o.
conveying to the Galveston. Harrisburg and
2 said subway. and the tracks laid there
p and the aDDurtenances thereto. and IN
asa such conveyance Is mace. and a writ
On notice or notices to such effect Is o.
ire filed By both OF said Corupanfes With
he said Clerk o. the City OF Il Paso-
exas within twenty t2o) DAYS from the
lale nere0s and a written statement from
he said Galveston. Harrisburg & san an
ohio Railway Company that II will dis
,ont1nue the use OF its tracks through the
-itF OF z PaSo. Texas from 4 polnt WHERE
anne interSects North Campbell. to the
loint where Main Street fntersects DuranEo
'Eeel as q main line and for through
rattle provided. however. that the Gal
eStOn- Harrisburg x san Antonio Rail-
ray Company shall have the right 10 Oner-
le one through passenger train each day
ach way over Its main line between tha
oints above mentioned until such tine
S the suit OF H B. Stevens. 81 a ~
galveston. Harrisburg & san Antonio Rai1-
ay Company. pending In the Suu-e1s
curt or the State OF Texas Is ffualIv -