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

AN ORDINANCE REorIRING THE Ell
r e6S2 s OF TINS ro EPREss TIE
PLANE OF ITS MAIN LINE OF ROAD
! FED ND sSla, TRAckS NLoSG AH HR az r.
Used BY IT IN TIE CITY OF Il. PASO.
OF NORTH CAMPBELL. NORTH KY
s4S. NORTH STANT0S- MESA AEESI =
NORTH SANTA FE STREETS
WHEREAS. The City OF Fl Paso. Texas.
through its duly authorized Officers has
heretofore approached and entered Into ne
ern Railroad Company OF Texas. cor
Doration organized under the laws Of the
sake. called Railroad Company. with
reference TO the depressing OF its tracks
as hereinafter provided: and.
WHEREAS. After discussion o. such
matter said Railroad Company has cou-
sented not to question the power Of the
City Council OF said City TO recqlre, SAD az
said city Council shali accent this ordi-
nance and said City abidss by all its pro-
visions. terms and conditions
NOW THEN. BE IT ORDAINED By
THE CITY COUNCIL OF THE CITY OF
section /. The said FL Paso & South
western Railroad Company OF Texas be
and the same Is hereby ordered and re-
CURED. at its sole cost and expense. TO
bed and tracks along and under Its riRht,
of-Eay At present used BY It IN me sac. SAG
OF North Campbell. North Kansas and
North Stanton Streets. Mesa Avenue North
Fe Streets. and all alleys between said
North Campbell Street and North santa
Re Street where said road bed and tracks
now intersect such streets. avenue ana al
leys. TO such an extent and depth as VIII
permit OF the use OF such streets ana ave-
uue at such Intersections by raising the
rrade OF North Campbell Street not more
than two (21 feet and the grades o. the
other streets and Mesa Avenue not more
than one (7l foot above the present cle-
vations. by the construction OF bridges on
ssid intersections above said depressed
pressed and thereafter used BIZ said Rail-
road Company. ana its successors. assigns
in the manner hereinafter provided and
subject to all the terms. provisions ana
Section 2. said road bed and tracks
shall be depressed and reconstructed on
s stIS ns therefor and though which the
said road bed and tracks are thereaiter 10
run. and all work required or deemed nee
essary to be done IN connection thereTitn
to insure the efficiency Of the same and
the safe. efficient and economical opera
over and the prevention Of accidents there
by shall be done. performed and con-
sfructed in accordance with plans and
specfficatious to be prepared By the said
Railroad Companys Engineer Of Main
tenance Of Way. which plans and sneeail-
Engineer Of said City OF FL Paso for his
approval said City Engineer shall ap-
ncations BY a written notice served unun
said Railroad Company. within thirty tsel
DAYS after the submission OF the same 70
or disapproves the same within the said
period Of thirty (s0l days the same 70
BIZ him. II the said City Engineer dis /
OF same IN any particular he
must IN his written disapDroval state MS /
objections thereto in detail and his reasons /
therefor. And II said Engineers cannot 4
agree thereuDon. then each shall select 4
competent and disinterested civil enEi- 1
ute a board OF arbitration and the matter 4
Tor its determination. and the UNANIMOUS
Determination OF said board shall be con-
Railroad Company. But IN the event said
boaroe cannot agree upon said disputed |
he matter or matters 50 in DISPUTE 70 4
competent and disiuterested civil engineer
ng and conclusive on the City and said
Railroad Company. The question OF the
increased cost II any; OF doing t9e work
Engineer shall be regarded by the Board
u Arbitration and the umpire as factor
auted matters. should the contention OF
.ither party be finally sustained in toto by
aid Board OF Arbitration OF. said umpire.
he other party shall pay all the costs
u such arbitration. otherwise. such costs
Ran be distributed as SAID Board Of Arbi-
ration may determine
section 3 said North Campbell. North
kansas North stanton Streets. Mesa Ave
"
North santa Fe Streets. and the alleys
bove referred 20 shall be carried by said i
Railroad Company. at It's own cost and
Expense. over the tracks OF said railroad.
where the same so intersect said streets
venue and alleys upon bridges Of steel
y reinforced concrete construction. in ar-
'ordance with plans and specifications to
e prepared BY the COmDanys Engineer
= Maintenance OF Way and approved BY
he City Engineer. ana the said City En-
'ineer shall give notice OF his approval or
iisapDroval In the manner and within the
ime as provided in Section >. hereof. and
ny such matters Of dispute shall be arbi-
rated as therein provided.
Section 4 Each OF said bridges so 10
,e constructed shall be o. the width Of
he street. avenue or alley leading across
ne same. IN the center OF each a road
ay over said streets and avenue shall be
onstr ucted Of a width Of not less than
ifty. t5e) feet. and on each side a side
yak OF not less than ten f10l feet SAID
oadway shall by said Railroad COMPANY
u It's own cost and expense. be paved
With Bituiithic Pavement for the entire
,lofh and length thereof except between
ne rails OF The track OF any street car