Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1876-01-12
ORDINANCE No. 95.
Providing for the Building and
Operating vt a street Rail.

SECTION |. BE IL ordained by The
CITY Connect Of tie CITY Of Ottumsro.
That consent. permission and author |
ity is hereby given and granted 10. |
and duly vested inJ. Nj. Hedrick. f.. IL. |
stiles, :. ID. Carpenter. their associates
and their successors and assigns. to lay
a single or double track for passenger
railway lines. with all necessary and
convenient tracks for turn outs. side
tracks and switches. in. upon. and
along Front street. and n II other streets
running parallel with Front street.
and their extensions. and such other
streets running at right angles thereto
as may be necessary TO connect with,
lines oftrack already constructed, and
such alleys only fronting on which
said company have depots. stables.
or car houses. and over the bridges
wa. with their present and future con-
nections and extensions. and authori-
ty is hereby given said company. their
successors and assigns, to keep. main
tain. use and operate thereon railway
cars. in the manner, and for the time.
and upon the conditions hereinafter
mentioned aud prescribed.
SECTION ,. The cars TO be used mp
OH such tracks shall be operated with
animal power only. and shall not con-
meet 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 up-
| Oh any of said tracks, P,ocieled This
section shall not preclude the use
of amy motive power not detrimental
TO public comfort and safety.
| SECTION 3. Said tracks aud rail-
way shall be used for the purpose of
transporting passengers and their or
binary baggage, and the cars and car
riages for that purpose shall be Of the
best style and class used on such rail-
ways i'm other cities in the State of
Iowa. Of the same class. PyUcidcd said
company shall at all times have the
right 10 use their track for transport
ing iron, ties. and other material for
constructing their road and Keeping
| the same in repair. and for such other
purposes us from time to time may
be necessary in CARRYING out any con-
tract or engagement that NAV be here
after entered into by. and between
z
4 the City Of Ott,nMwa and said com
lpany.
/ SECTION 4. The track Of such rail-
way shall be laid SO as to conform to
the established grades of the streets
on which the road may be built
wherever the city has or NAV estab-
fish such grades: where the streets are
not graded. said company may. il They
desire, lay their tracks So as to con.
form TO the surface of such streets
) P,or,ded that they change the same
when the city shall grade the same or
any part thereof. provided said COM
lpany shall plank the space between
The tracks ut each principal street
crossing whenever required by the
, Mayor, and shall keep the street be-
tween the track in as good condition
rs the street either side the track may
be put'or kept.
f SrcTioN ). The said City Of OF.
, tumwa shall not be held liable to said
company for any damage that may bt
accustomed by the breakage of any ga
or water pipes. or from any DELAYS
: that may he occasioncd by the con
: struction of sewers, laying Of water
, or gas pipes. or the necessary repair
: ing of the same. or from the improve
: me,r or repair of any street. unlcs
: there be unreasonable delay in max
4 ing such repairs.
SECTION q. Said tracks shall b,
laid in the center of the streets in al
y eases where it is practicable TO so la,
IS them. and. except where doubl
Il track is contemplated. in which cas-
the tracks may be laid at such dis
lance from the center of said street Il
= will make the center point between
G the two tracks the center of the stree,
n and said tracks shall not be laid with
J in twelve feet of the sidewalk upol
any street in any ease where it's prae
! ticable to be avoided: and where am
e line Of railway shall be extende,
G along and upon any such alley as pro
!. vided for in section one. a single trhc
only, shall be laid, and no side-track,
switches. or turn-outs. except in ease
: where turn-outs are used TO connec
: tracks laid alongan upon alleys wit
tracks laid along and upon streets
shall be allowed on any such alley
Ps'ocided. however, that il said com
i panv shall have its depots. stations
\ stables. or car-houses on any lot front
:. ing on snch alleys. they shall have th
privilege Of laying down turn-Ol
tracks leading from such alleys int
! such depots.. stations. stables or ca
z houses.
!, SEcTIoN Z. The rate of fare npo
any line or route of railway shall nc
= exceed ten cents for each passenge
u for any distance on such route for fiy
5 {5) years after the completion of tn
: first mile of track. and thereafte
shall not exceed the rate of six cent
= for any one route.
c SEcr,oN 8. The ears Of said com
: pany shall be entitled to the track, an
4 in all cases where any team or vehicl
shall meet or he overtakcD upon 81
: Their of the street railways in said cit,
such team or vehicle shall give way I
c said ear: nor shall any person wilfnl
i, ~ or malicioiisly obstruct. hinder. q
interfere with any of said railwa
ears. by placing. driving or sioppin
: or causing to be placed, oNdriven j
], q slow pace or stopped. any team, We
i hiclc, or other obstacle in. upon. acres
or near the track of said railway. o
either of them, after being notified b
= the driver or conductor. by the ring
Ii ing of the car bell or otherwise, an,
whoever shall wilf'ully violate any o
:, The provisions Of this section. shal
= upon conviction thereof. before til
e Maynr. or any Justice Of the Peace q
: said city. be fined in any sum not les
j, than five. nor more than fifty dollar.
SECTION .. This charter is granted
and the rights and privileges hcrei
IA conferred, are subject to the follow
4 ing conditions and qualifications onl,
te-wit: That said COMPANY shall hav
at least one mile of said railway full
completed and equipped and ears run
ming thereon within twcnty-four GA
|. months from the passage of this ordi
nance. unless the City Council of sal,
city Shall grant TO said company fur
y tbercXtension of time. P1Ortded that
$ said company is DELAYED in the con
: struction of said railway by order Q
injunction oflny court or Judge there
OF. the time Of such DELAYS shall j
g given to said company, over an
i, above the time given by this sectio
Z for the completion of such mile @
!, road by said company. Provided
tJIstt w ESSV s0th "
order Of ceurt or any Judge is pro
4 cured upon ts.e application of an
/. party other than the City Of Ottun
j, wa. said company shall immediatcl
notify the Mayor and City SoIicito
Of such injunction or order: an
!. ihercapon the Mayor shall appoin
q the City Solicitor to resist such 1I
& junction order. and to obtain II disse
: luton of the same. or to assist III
[. attorney of said company said con
e pany shall pay all expenses that ma
: accrue by reason Of snch suit a
e suits.
II SECTION 10. The right herein grant
= ed to said company TO operate sal
" railway. shall be exclusive for I'll
i. term of thirty 600 years from III
C time the first mile Of said track is lai
&c and cars running thereon, and the sal
City Of Ottumwa shall not, until Al
ter the expiration Of said term, graz