Section 5. To Regulate Street and Electric Railway Companies.
The City of Houston shall have the power by ordinance or
otherwise to regulate the speed of engines, locomotives and street
cars within the limits of said City, and to require steam railway
companies to keep the streets over which they run properly
drained, and to light the same wherever deemed necessary; and to
require steam and electric railway companies to construct and
keep in repair from curb to curb bridges and crossings over all the
ditches, and to construct and maintain drains and culverts where
crossed by any line of said railways on all streets over which they
run.
To direct and control the laying and construction of railroad
tracks, turnouts and switches, and to regulate the grade of same,
and to require them to conform to the grade of the streets of said
City as they may be or are now established, and that said tracks,
turnouts and switches be so constructed and laid out as to interfere
as little as possible with the ordinary travel in the use of the streets.
The City of Houston shall have power by ordinance or otherwise
to require steam railways using any portion of the streets of the
City to pay all or any part of the paving, grading, draining and
repair thereof along the street so used by such railway, and to light
the same whenever and wherever deemed necessary or advisable.
Said City shall have power by ordinance or otherwise to require
any street or electric railway company to pay the cost of the
grading, paving repairing or repaving or otherwise improving the
street or streets or intersections thereof used or occupied by such
railway company, and such cost shall be a lien upon the property
and franchises of the company. The portion of the street occupied
by an electric or street railway company shall be deemed to be the
space between its tracks and twelve inches on the outside of each
of its rails, and all the space between double tracks, turnouts and
switches.
Any railroad company or street railway company proposing, with
the permission of the Council, to occupy any street or streets
already occupied by any other such company, shall, besides
paying for paving as may be required by the City Council or by the
provisions of this Act, be required also to pay for paving between
the tracks of said two roads to within twelve inches of the track of
such other road, and such cost shall be a lien upon the property
and franchises of the company.
Should any railroad or street railway company propose to lay a
track on any street or portion of a street which shall have been
improved under the provisions of this Act, it shall become liable
for the portion of the cost of such improvement as the City Council
may direct or as is fixed by this Act.
No railroad or street railway company shall be permitted to
occupy any street or portion of a street, improved or otherwise,
not previously occupied by it, except with the permission of the
City Council.
The City Council shall have power by ordinance to require any
street car or electric railway company, or other person or
corporation operating street cars in, into or through the City of
Houston, to issue to its passengers transfers from any of its lines to
any other lines within the City, upon the payment by said
passenger of the fare or rate prescribed for one continuous
passage. (Act of 1905)
ANDY NOLEN HOUSTON CRIMINAL LAWYER OVER 17 YEARS CRIMINAL LAW EXPERIENCE LICENSED IN BOTH STATE AND FEDERAL COURT
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