The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-06-01
CITY ORDINANCE.

An ORDINANCE Il AUTHORIZING THE
.e Constructions. EItensiole and Operation
of certain Passenger RdiLa0oys an and upon
l1 The Streets Of the City of ErdRSUilte. Passed
MAY 2Sth, A. d. 1866. lfIl ia tt.fI l4tatht-
SECTION / Be il Ordained by the Com,
mon Council of the City of Evansville,
General Assemhly of the State of Indiana,
entitled 8. An Act to provide for the incor-
poration of Street Railroad Companies" :"
approved june 4th, 1851; and by virtue Of
the powers and authority of the Common
Council outherwise by law vested, consent,
permission and authority are hereby CIV
q The Evansville Street Railway Compa-
n.y. to lay single or double track for pas
senger-railway lines, with allnecessary and
convenient tracks for turn -OlItS, side-traclSS
md switches, in kpon and along the
course of any and all of the Streets OF the
City Of Evansville with their present and
future extensions and combinations and
to keep, maintain, use and operate there
on railway cars and carriages, in the man
ner, and for the time and upon the condi-
tions hereinafter prescribed, ~ fae -
SECTION 2 The cars fo beflsed upon such
tracks shall be operated with animal pow
Ell. only, and shall not connect with any
other railway on which other power is
used, and no railway car or carriage used
upon any other railway in this State,
Shall be used upon any Of said tracks -fooL
SECTION g. The said tracks and railways
transport passengers and their ordinary
baggage, and the cars and carriages for that
purpose snail De OF Lne DeSb style ana cittSS
used on such railways in other cities. The
Common Council shall have the power at
all times, to make such regulations as to
the rate of speed and time Of running such
cars or carriages, as the public safety may
require, and to affix penalties for viola
tions ofsuch regulations
SECTION A. The track of any such rail-
way shall not be elevated above the SUR
face of the streets, and the same shall be
laid so as to conform to the established
grades of the streets of said city, and in
I
pediment to the ordinary use of the streets,
and the passage of wagons, carriages and
other vehicles upon, along, or across said
track at any point, and in any and all
directions with suitable bridges at all the
cutters so as to permit the free and ,un-
impeded flow of water in and along said
cutters. The said Company shall pave,
bowIder or otherwise improve the space
between the rails of the track, and keep
tn gsame, together with all bridges at the
crossings of cutters in good repair, to the
satisfaction of the Common Council, and
in case of the failure of said Company to
do the same,s the Common Council shall
have the right tosprevent the use of said
track by removing the rails therefrOm.
SECTION s. All tracks of any such rail-
way shall be of uniform gauge not exceed
ing five feet in width, and shall be COM
posed of the most approved rail. The Com
mon Council of said city shall, at any
time, have the power to order the said
Company to cause any such track or tracks
to be taken up and re-laid at the cost and
expense of said Company, whenever it
shall be necessary for the purpose of re-
grading any streets, constructing sewers,
or laying water or gas pipes therein, and
| the said Company shall be liable for all
| legal consequential damage which may be
sustained by any person by reason of the
careleSSneSS, negligence or misconduct OF
| any of the agents or servants of said
| Company in the course OF their employ
ment in the construction or use Of the
| Railways aforesaid, any or either of them.
SECTION 8. No rights heretofore vested in
the Evansville Gas Light Company, or
| other Corporations, are to be impaired or
| affected by anything herein contained,
but rights and privileges hereby granted
! are subject thereto. II
| shall not be held liable to said Company
| for any damage that may be occasioned by
the breakage of any gas or water pipes, or
| from any delay that may be OccaSioned by
the construction of sewers, laying of water
| or gas pipes, or the necessary repairing of
the same, or from the Improvement or re-
| pair of any street, unless there be unrea-
| sOnable delay in making such repair
4 SECTION 5. Said tracks shall be laid in
! the centre of the streets In all cases where
! it is practicable to SO lay them, and except
where a. double track is contemplated, in
| which case the tracks maybe laid at such
| distance from the centre of said street as
| will make the centre point between the
two tracks the centre of the streets: and
| said tracks shall not be laid within ten
feet of the sidewalk OF any street, dn any
case where it is practicable to be avoided.
SECTION 9. The rate of fare shall not ex-
| ceed five cents upon any line or route of
not over one mile in length; and shall not
| exceed ten cents upon any line or route
| more than one mile in length.
SECTION 10. The President and Secretary
4 of said Company shall, ON the first tiay Of
/ May in each year, furnish to the City AS
SCISSOR full and complete list of the stock
holders thereof, together with statement
showing the number of miles and parts of
mi1es of track of railway constructed and
| Used by said Company, and the value
Thereof, the number and value of cars and
| carriages. and horses or mules owned and
used by said Company in operating their
street railways, which list and statements
shall be verified by the oaths of the Presi-
\ dent and Secretary of said Company, to be
| administered by a Notary Public of the
County Of Vanderburgh, and attested by