El Paso herald. (El Paso, Tex.) 1901-1931, 1917-06-22

the city Council OF the city OF ri Paso
to grant IL the rights. privileges, and fran
chise. provided for in the following pro-
posed ordinance. and that said proposed
ordinance granting such rights. privileges.
and franchise to the Fl PasO Electric Rail
way Company. will be introduced IN the
City Council on or after the 18th day Of
June. A D., 1917.
AN ORDINANCE GRANTING UNTO THE
FL PASO ELECTRIC RAILWAY con-
PANY. ITS SUCCESSORS AND AS
SIGNS, THE RIGHT, PRIVILEGE. AND
FRANCHISE TO CONSTRUCT. MAIN
TAIN. ACQUIRE AND OPERATE \
WAY AID ELECTRIC CARS FoR The
CARRIAGE OF PASSENGERS. PACK
AGES AND PARCELS ALONG AND
OVER BALTIMORE STREET. IN THE
CITY OF Ell PASO. AS FOLLOWS BE-
GINNING AT THE INTERSECTION OF
CAMPBELL AND B ALTIM o r z
STREETS. IN THE CITY OF Ell PAsO.
THENCE NORTHEASTERLY ON BAL
TIMORE STREET TO WHAT IS
KNOWN AS MADELINE PAREs IN
SAID CITY OF Ell PASO, TEXAS.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF Ell PASO:
Sec L That the FL Paso Electric
Railway Company, its SUCCESSORS and as
signs, are hereby given and granted the
right-of-way privilege and franchise to
construct, maintain. acquire and operate
line OF electric street railway and electric
cars. for the carriage Of passengers. pack
ages and parcels, along and over the cen
ter and central portion OF the folloHingl
street, in the City OF FL Paso. Texas.l
to-vrit:
Beginning at the intersection OF Camp
bell and Baltimore streets. in the City OF
FL PasO. thence northeasterly on Baiti-
more street 10 what is known as Madeline
Park
Sec : This grant shall include the
right OF said Il PssO Electric RAILWAY
Company. its successors and assigns 70
construct and maintain all necessary poles.
wires and overhead structures, turn-outs.
curves. switches. appliances and special
work proper and suitable 10 and for the
operation OF the Electric railway line for
which this grant Is made, in connection
with other lines operated BY grantee
See 3 That all the rights and prigi-
leges herein conferred are granted upon
the terms. conditions and limitations con
tsi1sd in the ordinances and the Charter Of
the City OF e Paso. Texas. and in an ordi-
nance granting electric street railway priv
llege and franchise to the e PasO Electric
Railway Company, is successors and as
signs. over certain streets and public wayJ
Of the city Of FL Paso. Texas. which said
ordinance was passed by the City Council
OF the City Of e Paso on the 18th day OF
october 1901. and said day approved By
Acting Mayor J. B. Badger. and the or5i-
shall have the right hereunder Al any
time during the term hereof 10 double
track the line to be constructed hereunde-.
such double tracking being done In the
manner provided in said ordinance grant
ing electric street railway privilege and
franchise to the grantee passed On Octo-
Der Is 1901
Sec 4 That this ordinance shan not
take effect until the grantee shall execute
good and sufficient bond in the sum OF
One Thousand Dollars payable 10 the City
OF Il PasO with sureties to be approved
by the Mayor and City Council OF the
City Of e Paso. said bond being condi-
toned that the grantee shall commence
In good faith 10 construct tho extension OF
raj rrrnr fnNH
street within sixty days from the passage
and approval OF this ordinance, and shall
have completed and actually In operation
It's electric railway over said street within
SIX months from the passa &c and APPROVAL
Of this ordinance
Sec s That the rights privileges and
franchises hereby granted shah exist fer
the period Of thirty (30) years from and
after the date OF the passa &c and approval
OF this ordinance
Sec s. That the said grantee, upon the
portion OF the street covered BY this fran
chise. shall AZ all times maintain eff
cheney OF public service at resSons bic rates
and maintain its property in good order
throughout the life Of this grant: and
the knowledge OF the City Council OF said
City that the said grantee Is not thereon
maintaining efficiency OF public service At
reasonable rates. or maintaining said prop
erty in good order, the said City Council
shall give written notice to the said gran
tee that such complaint exists By serving
said notice upon some officer or agent
OF said grantee and shall fix a date for
hearing not less than one week from the
service OF such notice. and after hearing.
II Il appears that grantee is not maintain
ing. upon said portion OF said street. eff
clencE OF PUBIC service at reasonable
rates. or maintaining said property in good
order. the said City Council shall there
upon order said grantee to do such acts
or things as are necessary 10 be done IN
der the provisions OF this section or refrain
rom doing such acts or things as are in
OF the duty fixed by this sec
uon- and shall cause notice to be served
upon said grantee. according to provisions
or Section 40 OF the Charter OF the CITY
OF z Pasc; and the proceedings had
therein and the penalties assessed therein
shAll De IN compliance with and as pre-
scribed BY said Section 40 OF said CITY
Chartsr OF the City Of FL Paso and the
service OF notices provided for may be had
as provided In said section OF said City
Sec Z. That for the rights. privileges
and franchises hereby granted the FL Psso
sslectrie Railway Company has paid to the
Dollars, cash. which sum is hersb- de-
clared adequate compensation for this
grant, and that in addition to said CON-
oensations said e Paso Electric Railway
company shall pay annually to the City
u Il PaSo the fixed sum Of Ten Dollars
II the end Of each and every year from
IND after the date OF the approval OF tbs
ordnance during the full term Of this
grant. The grantee shall not Be deemed
20 De IN default respecting any OF Said
iNed annual payments unless il shall fsiI
Nillin ten (lO) days after written demand
Or payment by the City to pay the sum
lfter it is due
Sec s At the end OF the thirty fsD
ears Tor which this franchise IS granted
rs srent, as well as the property. II
NY OF the grantee. its successors and as
lsnS; m mat portion OF Baltimore street
n when the rights. privileges and fran-
nises are hereby granted. shall. at the a
'ptton or the City. be and become tbs
property OF the City OF Fl Paso. the
,ity 10 pay fair valuation therefor II Il
.esires to acquire the same. and said val
alton shall be fixed as follows The CITY
! Il Paso shall name one appraiser and
ne grantee. its SUCCESSORS and assigns.
nail name a second. and in case such ar-
.talSerS cannot agree the two appraiser
nau name a third, and the estimate OF
ne Two appraisers. II they agree. and Il
ne+ 10 not agree the estimate OF any
wo OF said three appraisers shall be nal '
nd conclusive. In the absence Of a ma
ority agreement. new appraisers to Be
e-selected as aforesaid. and 50 re-selected
nth an spprsisement shall be agreed
pom by two OF such appraisers so Sc
scted 10 act together; provided. however.
o any payment OF valuation because %
ny value derived from the franchise or
no TACT that II Is or may be a going
o1ceru duly installed and operated.
Sec g. The City OF e. Paso. II n
lects to take such property OF grantee.
Is successors and assigns. shall give
rantee. It's successors and assigns. writ
en- notice OF its intention to exercise it,
puon twelve months before the o~pira-
ION OF this franchise. and shall exercise
aid option upon the expiration Of .Sis
ranch ise- provided the appraisers sra