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

~ 6a4A fAaAA4Ual COMPANY anu us s--@Ns
OF Licensees. in the manner hereinafter pro
visions and conditions herein contained
Section 2 said road bed and tracks shall
grade IN an open subway constructed there
for and through which the said road bed
work required or deemed necessary 70 be
done In connection Herewith ITO insure the
Client and economical operation OF trains
cars and engines thereover. and tbs pre-
Vention o. accidents thereby shall be done
De. me- ana constructeq 10 acc"I uance
with plans and specifications 70 be pre-
pared by the said Railroad Company's En-
Elneer or dainienanee OF WAY. which plans
ana speciI lcatlons snail be submitted 70 the
his approval. Said CITY Engineer shall an
prove or disapprOve said plans and sDecifi-
said RaiiToad Company lSrs Within thirty 9s6I
DAYS after the submission OF the same TO
~ olsappfgtes the. same WITHIN the sald
period o. thirty 600 days the same to De
him II the said CITY Engineer disaDproves
or same IN any particular. he must in his
tneret9 IN detail and his reasons therefor
And. II said Engineers cannot agree there
and disinterestsd civil engineer. and the
two 50 selected shall constitute r board or
ns suDnhtleu, 20 sa-c BOARD Tor us deter
minatiOu- and the unanimous determination
OF said board shall be conclusive and bind
Ing upon the city and the Railroad Com
pany- But IN the event said board cannot
agree upon ea4l disputed matters. or any or
them u snal submit the matter or matters
so IN dispute 10 = competent and disinter-
cision snail be binding and conclusive on
the City and said Railroad COMPANY. The
doing the work according TO the REQUIRE
ments Of the City Engineer shall be re-
zarced BY the board Of arbitration and thu
termining such disputed matters. Should
sustained In toto BY said board OF arbitra-
ton or said umpire the other party shall
wise. such costa shall be distributed as said
board OF arbitration may determine
Kansas. Moth stanton Streets. Mesa Ave-
nue. and North OREGON. North e Paso and
above referred 70. shall Be carried bv said
Railroad Company. at its own cost and ex-
VII = the same 50 intersect said streets.
avenue and alleys upon bridges OF steel or
prepared by the ComDany's Enginesr Of
y AN trnance OF W az ana spproNe4 By the
City Engineer. ana the said CITY Engineer
shall give notice % his approval or disaD-
proyel n the manner and within the time
as provided IN Section = hereof and any
suen matters q dispute shall be arbitrated
Section 4. Each OF said bridges so to be
constructed shall be Of the width u the
street. avenue OF alley leading across the
over said streets and avenue shall be con-
structed OF q width OF not less than ten GNl
IseL SAID ro4uWay snail By said Railroad
Company. a. It's own cost and expense be
paved with Bitulithic Pavement FOR the en-
tween the rails or the track Of anS street
car company now having anv tracks laid on
walks shall b said Railroad Cornoang. al
its own cost and expense. be paved with
length, said alleys shall al the expense OF
SAID Railroad Company- after the building
OF said subway be placed in the same con-
clifton that they are now.
Section s All water mains. pipes. con-
structures belonging 70 the said City within
the units or the subway Or obstrucrinE
construction thereof may Be removed and
rsconstructed il new positions b. the Rail-
road COMPANY. but such removal and re-
construction shall not impair the suitability
for and the service rendered BY such pror,-
erty Of the City.
Section g. Whenever. IN the prosecution
O. any Of the work required BY this ordf-
nance. It becomes Necessary or exDedient- in
the opinion OF said Railroad ConDauy- 70
remove. disturb or protect anv pipes con-
OUTS wires OF other property belonging 70
any private person or nrivate coruorsfforl
situated on or IN the public streets or ALLEYS
ton shall az his or its cost. disturb Or no
shall be and hereby IS wholly relieved from
doing any work or assuming a1v eTpe1se
paying any damage occasioned thereby.
erect on each side n said brid-e5 - - ~
hereof 3 suitabIe fence -vrsli a. sirrire-
structure 70 protect the public using such
section 8. Permission and authority are
hereby given said Railroad Company. when
exDedient IN the prosecution 81 me- work
herein required. 70 exclude the public from
near or adjacent streets Temporarily. or TO
erect Temporarily structures or false works
thereon. subject 20 the approval OF the CITY
EnEineer- But siad Railroad Company
snail restore any such street. alley OF ave
ton
Section 2. Permission and authority are
the purpose Of securing water fo- use n
aoinz said work 10 make connections with
purpose Of carrying off surface or Hood
waters from its property TO make couuec-
'ud 70 maintain said connections during the
progress Of the work. such connections be-
nE mace az convenient points approved By
Section To- The said Railroad Company
and Specifications for doing said vorl
within ten (1O days from the time when
-oInDlete the same and submit the same TO
ne city Engineer for his approval within
rs oLliiieice goes INTO erect and there
iIter ana within ten lol days after Main
IL D1Ianko Slseets are Legally closed as
=. 80. - - province aue me protesting
storm sewer required by Section Is OF this
7dhy snail begin the construction OF the
YORK herein required to be done fthe asIl-
X Ior PIGS ron CONTRACTORS for doing said
.olA oelnS considereu beginning ofscon-
itructiou). and shall complete the same on
= osioFe tne expiration or eighteen 1Sl
torn sewer required by Section Is OF this
lI4lnAlces ana the CLOSING o. sad Main and
Durango Streets Provided however thar
he time during which said Railroad Com
ANY snail be prevented from doing or be
Interrupted In the doing o. said work by 4
Elke or strikes and the time during which !
shall be restrained by Injunction or other ,
sgal process. AID the time during which Il
hall be interrupted by any street car com
ANY or other person declining or falling
0 perform OF ~ anything required to be
lone ~ II or them hereunder. or other
use, and the time It NAV be prevented
rom doing such work by war or a public
neinYs ana the time consumed by the CITY
-nkineer IN approving any plans or sneci- 7
lcateis submitted 70 him for approval OF
9 ne ELVen By him and The time that the
Icing Of said work is delayed by any act
7 SAID City or its officers OF agents as
ell As the time during which said Railroad !
company shalL from any cause beyond It's :
ohtroL De qeiaSed In the doing OF said
YORK, shall Be added to the time within
hlch said Railroad Company Is required 70 .
10 and complete said work
Secllon IL When the said Railroad Com
any has completed the work REQUIRED to
e done under this ordinance. then and
nereupon the several ordinances OF the B.
illy OF Il Paso. now in effect or hereafter I
asseu relating 20 the speed OF railroad en- I
ines cars or trains and the necessity OF .
ocomouve whistles. the stopping or switch
AZ OF trains. the length OF trains. or the
lalnten4nce OF gates or flaEmen Or watch
aen AZ street crossings shall cease TO be an
re ssed
Section II. ANY street railway COMPANY
oW occupying any street named herein
nall whenever BY said Railroad Company
sguestsd so TO do. remove temporarily and
~ such length Of time as said Railroad
ompany may reasonably need to do the
ork nereoy required to Be done. Its tracks
pes sna trolley or other wires from any