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

ton. or TO begin the depression Of its
tracks at any point q sufficient distance
enable it TO operate its trains on prac-
| deal grade entirely below the Grade Of
closing o. said Main and Durango Streets
where they intereect the present main line
order 70 enahis the sad Raiiroad Company
70 deDress its tracks az herein provided
NOW THEN IT IS FURTHER. OF.
THE CITY OF Ell PASO. TEXAS. that
Il vii. as soon as It reasonably can LEGALLY
abandoned as a street between the south
line Of Franklin Street and the north line
% San Francisco Street where said Main
Street intersects the right-of-ysay o, the
Street TO be closed between Main Street
and Franklin Street. and this ordinance
shall not be binding upon said Railroad
Company, nor SHAH L be obligated TO do
done By Il hereunder until said Main ard
DursRso Streets have been 50 legally
ment and closing Of said Main and Du-
range Streets being e condition precedent
Railroad Company 70 dsDress said tracks
or perform any Of the acts OF things re-
nor shan the said Railroad Company. Be
required TO do any OF the work REQUIRED
preparation Of plans and Specifications FOR
said subway until the said City has COM
pleted the construction Of the storm saver
the City is In default in the performance
OF any Of its aRreements TO be performed
by II as herein set forth
Section is should it hereafter be dis
covered OF sdjudged By any court that
Unconstitutional. void or Invalid Tor any
reason II shall not affect the validity and
constitutionality OF the remaining portion
Of this ordinance. unless the portion 50
declared unconstitutional. void or invalid
IS 50 interviewer with or dependent uDon
the same cannot be enforced as intended
by this ordnance: provided. however that
section shall n 6
hereof. and should the court hold such lat
ter section Unconstitutional. void or in
sidered as void and invalid
SECTION 20. Upon the filing By the said
ce o. tRe e5y Of u ae P siss' Ss sss q is
written aceeptance Of this ordinance the
the city and the sSia Rsilroad comDsny.
and as such all OF its terms. provisions
the said Railroad Company.
Section q said Railroad Company may.
however. In cases where said subway Is
blocked or rendered impossible for trains
detour temporarily and during the exist
and cars over any other rails IN said Citv.
Section q said Railroad Company IS
conveying to the Galveston. Harrisburg
and san Antonio Railway Cou1pany an in
tsrest in said subway. and the tracks laid
In case such conveyance Is made and a
writer notice or notices. to such effect Is
with The said Clerk Of the CITY Of ii Paso. (
Texas within twenty lZe) DAYS from the
the SAID Galveston. Harrisburg & san
Antonio Railway Company that Il viii
the city Of Fl fPaso Texas from a polrt
where same intersects North Campbell. 10 /
me point where Main Street interseets Du- I
through traffic, provided. however. that /
The Galveston. Harrisburg & San Antonio 1
halfway Company shall have the right to 4
operate one through PASSENGER train each 4
day. each way. over its main line between I
time as the suit Of Il. 3. Stevens ct al. 4
vs. Galveston Harrisburg 4 san Antonio 4
Railway Company. pending in the Supreme
tied IN favor Of said Railway Company.
M an VII tnereaIter carry its trains througn
20 and include the said Galveston Harris
hurg a san Antonio Railway COMPANY;
company. Jointly with said FL Paso a
southwestern COMPANY OF Texas and irs
oplEetlons snail be binding upon the said
COMPANY and where the words ..E1 Paso
a southwestern Railroad Company Of FL
SAID Railroad Company are found in this
ordinance. the same shall be construed as
4 5ns GelFeston, Harrisburg < san
Antenio Hallway ComDany.-but nothing
heren shall be construed 10 affect or
ii .s,iiy any rights or privileges that said
-. l ,s haErispurg 4 san Antonio Raft
way company may now have. exceDt as Is
s psSlai,y STATED herein
ssSllen % The fact that there is not
az pIesrnt IN II Paso any ordinance re-
curing the depression OF the tracks of
said Railroad Company and trains are
opefate4 over said tracks and through the
heart OF the City at grade. and thereby
endanger the safety OF the citizens OF the
Clty, OF - Ptso. creates a case OF great
public emergency and such emergency re-
luirss the immediate passage 81 this orfi-
nance. and therefore. the provisions OF the
,nerter OF mis- City recurring all ordinances
20 De read IN open meeting OF the Citv
Council az Two regular meetings Is hereby !
With unanimous vote OF the Aldermen
rresent and consent Of the Mayor. sus-
pended. and tins Ordinance shall be read
and adopted at the meeting at which the
same Isl introduced.
Passed aud approved this April 18th
1911
Tom lea.
Attest
u. p us'ts,fu
CITY Clerk