El Paso herald. (El Paso, Tex.) 1901-1931, 1917-07-06

.
+ way Company. viii be introduced in ths
I city Council on or after the 18th day Of
June, A. D., 1911
! AN ORDINANCE GRANTING UNTO THE
FL PASO ELECTRIC RAILWAY cox
PANT. ITS SUCCESSORS AND AS
SIGNS, THE RIGHT. PRIVILEGE, AND
FRANCHISE TO CONS EUCIt MAIN
TAIN, ACQUIRE AND OPERATE A
LINE OF ELECTRIC STREET RAIL
WAY AND ELECTRIC CARS FOR TIE
CARRIAGE or PASSENGERS. PACK
AGES AND PARCELS ALONG AND
OVER BALTIMORE STREET. IN TIE
CITY or FL PAS0. AS FOLLOWS BE-
GINNING AT THE INTERS ECTION OF
CAMPBELL AND 3 A T II o =
STREETS, IN TIRE CITY OF Ell PASO.
THENCE SORTHEASTERLT on BAL
IlNoRE STREET TO WHAT Is
KNOWN AS MADELINE PARK. IN
SAID CITY or Ell PASO. TEXAS
BE 1T ORDAINED BY THE CITY
COUNCIL OF THE CITY OF FL PASO-
Sec J. That the Fl Paso Electric
Railway Company, its successors and A.
signs. are hereby given and granted tHs
risht-of-way privilege and franchise to
/ construct. maintain. acquire and operate a
I line Of electric street railway and electric
cars. for the carriage OF passengers. pack
I "a IS and parcels. along and over the CEN
ter and central portion Of the follOwtns
Z street In the city OF Fl Paso. Texas,
I to-wir-
Beginning at the intersection OF Camp
3 BEN and Baltimore streets. in the CITY q
more street 70 what Is known as Madeline
Park
Sec 2 This grant shall include ths
I right OF said Fl Paso Electric Railway
company, It's successors and assigns %
I construct and maintain all necessary poles.
wires and overhead structures. turn-outs,
curves, switches. appliances and special
Worh proper and suitable % and Tor the
3 operations OF the Electric railway line for
I which this grant IS made. IN connection
I with other lines operated by grantee
Sec s. That all the rights and prtvi-
{ leszs herein conferred are granted upon
3 the terms. conditions and limitations con-
I talled in the ordinances and the Charter q
I tn5 City OF Fl Paso. Texas and in an ordi-
I nance granting electric street railway priv
ileEs and franchise 20 the Fl Paso Electric
I Railway Company. is successors and as
/ signs. over certain streets and public Ways
I OF the City OF Il Easos Texas which said
I ordinance was passed by the City Council
I OF the City OF u Paso on the 18th day OF
October 1901. and said day approved hy
Acting Mayor j. B. Badger. and the brdi-
uances annendatory thereof The grantee
shall have the right hereunder at any
time during the term hereof to double
track the line 70 be constructed hereunder
such double tracking being done in the
manner provided in said ordinance grant
ing electric street railway privilege a.
franchise 20 the grantee passed on Octe-
Der IS 1901
See 4 THAT this ordinance shall not
take effect until the grantee shall execute
a good and sufficient bend in the sum OF
one Thousand Dollars payable 10 the City
Of III Eas1 win sureres 10 be approved
by the Mayor and City Council Of the
City OF Fl Paso- said bond being coEd1-
toned that the grantee shall commences
IN good faith TO construct the extension Of
The said electric railway on Baltimore
street within sixty days from the passage
and approval Of this ordinance. and shall
have completed and actually in operation
its electric railway over said street within
SIX months from the passage and approval
Of this ordinance
Sec g. That the rights, privileges and
franchises hereby granted shall exist for
the period OF thirty ts3l years from and
after the date OF the pascal Sc and approval
Of this ordinance
Sec 8. That the said grantee. upon the .
portion ot the street covered b. this fran
chise- shall az all times maintain eff
cheney OF public service at reasonable rates
and maintain its property in good order
when 10 shall be reported TO or come 70
the knowledge OF the City Council OF said
City that the said grantee is not thereoa
maintaining efficiency OF puzzle service az
reasonable rates or maintaining said prop
cr-y in good order. the said city Council
shall give written notice 90 the said gram
Tee that such complaint exists by servinE
said notice upon some ot1lcer or agent
Of said grantee and shall fix a date for
h-lriuE not loss than one week from tbs
service OF such notice and after hearlng.
II % appears that grantee is not maintain
Ing. upon said portion Of said street eff
cheney Of public service at reasonable
rates. or maintaining said property In good
order the said Clcy Council shall there
upon order said grantee 20 do such acts
or things are necessary 90 be done IN
der the provisions OF this section or refrain
from doing such acts or thlngs as are u.
violation OF the duty fixed by this sepA4
ton. and shall cause notice TO be served
upon said grantee. according 10 provisions
Of Section 40 OF the Charter OF the City
OF EI Paso- and the proceedings had
therein and the penalties assessed therein
shall be ia compliance with and as pre-
5eribad by said Section 80 or said City
Charter Of the City OF Fl Paso. and The
service OF notices provided for may be had
IS provided m said section OF sa-4 Ci-E
Charter
So. :. That for the rights. privileges
g nd franchises hereby granted the FL Pas0
Electric Railway Company has paid to the
City OF Fl Paso the sum Of Twenty-Five
Dollars. cash. which sum is hereby de-
-lared adequate compensation for this
grant. and that tn addition 70 said com
1eusatiou. said Fl Paso Electric Railway
f1Cluauy shall pay annually 70 the city
1E EI Paso the fixed sum Of Ten Dollars
5t the end Of each and every year from
and after the date Of the approval OF this
ordinance during the fun term Of this
grant The grantee shall not De deemed
DO be in default respecting any OF said
liked annual payments unless 10 shall fail
within ten tI01 days after written demand
Tor payment by the City 20 pay the sun
lffar IL IS due
Sec. 5. Al the end OF the thirty Csoy
FEARS for which this Franchise IS granted. I
his grant as Wen as the property. II
NV. Of the grantee. its successors and as
igus. ia that portion OF Baltimore street
q which the rights. privileges and fran
hises are hereby granted. shall at The
.puou OF the City. be and become the
property OF the Cry Of El Paso: the
'ity to pay fair valuation therefor II il
esires 90 acquire the same and said VAL
alton shall De fixed as follows. The CITY
Z El Pa~o shall name one appra iser and
he grantee its successors and assigns.
hall name a second. and in case such au-E
raisers cannot agree the two appraisers
hall name a third. and the estimate OF
h. two appraisers, II they agree. and II
hey 90 not agree. the estimate Of anv
To OF said three appraisers shall bs <1al
nd conclusive. In the absence Of a ma
s-selected as aforesaid. and so re-seIectsd
nth an a1praisement shall be agreed
pom by two OF such appraisers so Sc
cted 20 act together; provided. however.
lat The grantee shall never be entitled
D any payment OF valuation because Cd
ny value derived from the franchise or
be- fact that DC Is or may be a going
1nceru duly installed and operated.
Sec g. The City OF e. Paso. IL
ects 90 take such property Of grantee
IS successors and assigns. shall give
'n notice Of It's intention TO exercise ID
1tiou twelve months before the ezpIrs
ON OF this franchise. an- shall exercis
I'D option upon the expiration OF thd
snchise. provided the appraisers shr
Thin said time have fixed a valuatio
.r said properties
I4E FL PASO ELECTRIC RAILWAY
CONPANY
y Davis q Gosgiu- its attorneys