The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-05-31
CITY ORDINANCE.


AN ORDINANCE n UTHORIzING THE
Construction, Erte1Lsion and Operation
of ceTt0i1 Passenger Roit1c0gfs an ana upon
the Streets OF The City of EUdnsUftte. Passed
May 18th, d. ID. 1856.
SECTION l. Be IL Ordained by the Com
mon Council of the City of Evansville,
hat under and by virtue of an ACT OF tlle
General Assembly of the State OF indiana;
entitled An Act to provide foT Ihe llc C, j,
poratfon of Street Railroad Companies,
approved June 4th, 1861; and by virtue OF
the powers and authority of the common
Council outherwise by law vested, consent,
permission and authority are hereby CIV
en-, and granted to and duly vested IN,
" The Evansville Street Railway Colnpa-
N.Y." to lay single or double track Ior pas,
senger-rail way lines, with all necessary ana
convenient tracks for turn-outs, side-trsscks
and switches, in, upon and along the
course of any and all of the Streets of the
City of Evansville with their present and
future extensions and combinations, ana
to keep, maintain, use and operate bhere-
on railway cars and carriages, in the man
ner and for the time and upon the cond1-
lions hereinafter prescribed.
SECTION 2. The cars to be used upon such
tracks shall be operated with animal pow
er 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
SECTION 3. The said tracks and railways
shall be used for no other purpose than to
transport passengers and their ordinary
purpose shall DE of the best style and class
used on such railways in other cities. the
Common Council shall have the power, at
all times, to make such regulations as 10
the rate of speed and time of running such
cars or carriages, as the public safety may
require, and to affix penalties for viola
lions of such regulations
SEcTIoNl4. The track of any such rail-
way shall not be elevated above the sur
face of the streets, and the same snail De
laid so as to CONFORM to the established
F,f. re- of cif a
such manner as to be no unnecessary i'm
pediment to the ordinary use ofthe streets,
and the passage of wagons, carriages and
othervehicies upon, along, or across sald
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-l
fmpeded flow of water in and along said
cutters The said Company shall pave,
bowlder or otherwise improve the space
between the rails of the track, and keep
the same, 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, the Common Council shall
have the right to prevent the use of said
track by removing the rails therefrom.
SECTION 5. All tracks of any such rail-
way shall be Of uniform gauge not 1S exceed
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 6. No rights heretofore vestedin
the Evansville Gas Light Company, or
affected by anything herein contained,
but rights and privileges hereby granted
are subject thereto.
SEcrtoN Z. The. said city of Evansville
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 delaytha may be occasionally
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 unreal
sonable delay In making such repair.
SECTION s. Said tracks shall be laid in
the centre of the streets in all cases where
Is oe t. 81 lag tne a1d sxeeR n
| which case the tracks may be laid at such
distance from the centre of said street as
vii make make the the centre point petwsen the
said tracks shall not be laid within ten
feet of the sidewalk of any street, in any
case where it is practicable to be avoided.
SECTlON D. 4uG rdGC u 1dI6 SIldll uOJ
coed five cents upon any Tine 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.,.4 $50
SECTION TO-, The Presidentand Secretary
of said Company SHALL on the first day Of
I May in each year, furnish to the City AS
SCISSOR a fun and complete list of the stock.
holders thereof. togethefwith a statement
showing the number of miles and parts of
miles of track of railway constructed and
used by said Company, and the value
theron the humber 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
his seal. or by any other. person authorized
to- administer Oaths.A The City Assessor
shall therefore enter upon the re-
turn of taxable property the value of
the personal property so reported asrother
personal property is returned for taxation, :.
the tax duplicate, and charge up against
said Company. the amount of taxes due
thereon, as other taxes are charged upon
other personal property, and the City Col
Iector shall collect such taxes so assessed as
other taxes. are tcollected: Provided, that
each line of railway shall be exempt from
all taxation for the term of five years i'm
mediately Following its completion and no
longer. ~ .s9e ttnt Ho como u
SECTION IL. The cars and carriages shall
be run upon and along the tracks OF such
railways in conformity with the Following
rules and regulations:
LIST. No car shall be drawn at a greater
speed than six miles an hour.
I'd. While the cars are turning the cor