The Superior times. [volume] (Superior, Wis.) 1870-1912, 1884-04-05
AN ORDINANCE.
AUTHORIZING AND REGULATING STREET Ran
WAYS IN THE TOWN OF SUPERIOR.


The Town BOARD of the Town OF SUPERIOR ex-
ercls1ng town and village powers do orelain n,
follows: "
SECTION l. That the DOUGLAS COUNTY STREET
RAILWAY COMPANY be, and is hereby granted
during the term of its charter the eycl1si1a riht
ana privilege of constructing a single or double
track for railway line with all necesea nv tTaci,s
LOT turnouts side tracks, and switches in and
through such streets, avenues, alleys and higb
ways of said town suited to the use Of street
Railways subject To the terms conditions and
lpriellures hereinafter contained; Provided that
he Town Board reserves the right to limit the
said company to the construction of a single track
wherever ii may deem proper.
SEC III. The aforesaid grant is upon the con-
dltlon that within two (2) years from the massage
OF this ordinance the said COMPANY shall non
struct and put in operation line of railway ex-
tending nom the Douglas County Court House in
SAID town to the Southeast corner of the North
east quarter OF Section Fourteet Q4). Township
forty-nlne C49l, Range Fourteen Q4). West
SEC Ill The cars to be used upon such tracks
shall be propelled with either animal Pneumat
lc power or Electricity as the said company deem
advisable, providing that no propelling power or
machinery of any sort shall be used after il shall
prove TO be public nuisance and said company
may connect with any other railroad upon which
power Is used similar to that authorized 10 be used
on street Railways by the Town Board
SEC ". Said tracks and railways shall he used
Tor the purpose OF transporting passengers and
freight and the cars and carriages for that pllr-
pose saIl De OF the best style and class ordinarily
used on such railways; provided said company
shall al all times have the right to use their track
for transporting iron, ties and other material Tor
constructing their road and keeping the same in
repair, and such other purposes as from time TO
time may be necessary in carrying out any con
tract or engagement that may be hereinafter ent-
ere dlnto By and between the Town Board of SUI
perlor and said Company
SEC V. The track of such railway shall be laid
so as to conform with the established grades OF.
the OF the streets on which the road may be butt
whenever the same may have been graded by the
town; but Whenever the town shall change the
grade OF any street streets, any portion there
OF, the said company shall raise lower the track
SO as to conform to such change of grade; where
the streets are not graded TO an established grade
said company shall lay their tracks 50 as to CON
form to the surface of such Streets provided that
they raise or lower the same to the grade when
the town shall grade the same, or any Part there
Of and in said town shall at any time pave
or otherwise improve the surface of any street
along which said railway may run, said company
shall pave otherwise improve the space be
tween the rails of their tracks unless Otherwise
provided by the Town Board, that it shall sub
slantlally correspond with the improvement OF
the street outside of the tracks. except In case
OF pneumatic power is used when the company
shall be required to pay only much of the ex-
penses OF paving the street is made extra by
reason OF SAID railway; provided that said conpa-
ny may pave the space between the rails OF It's
tracks with cobble stones, the to be laid in
good and substantial manner and such pave
ment shall be deemed and accepted full COM
pliance with this section.
SEC. VI The said Town OF Superior 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 delays that may
be occasioned by the construction of sewers Law
ing water or gas pipes or from the iinprovemei {
and repair OF any street unless there be unrcason
able delay in making such repairs. The Town Of
superior hereby reserves the right to take up and
remove the rails OF said road whenever it shall be
necessary Tor the repair or improvement of the
streets, or for laying water gas pipes sewers
or Tor other pubic purposes on the streets of
winch such rails may be laid, and such repairs or
Improvements or works shall be made by the
town without unnecessary delay, and the track Of
said road shall be taken up ana re-aid by and at
a nan nj
the Board may require the same to be done for
such purposes.
SEC. Vii The said company may regulate and
establish from time to time, such rates of fare for
the transportation of passengers and freight over
Its lines OF railway, as IL may deem proper; provi-
ded that the charge for carrying person, iuclud-
ing hand baggage, from point 10 another
within the town limits any continuous line
operated by same company, shall not exceed hye
SEC VIII. The Town Board of the Town Of Su-
perior hereby reserves the right to make nee
essary and usual police regulations conce ming
the operation and management of said street
roads during the continuance of the rights and
privileges hereby granted.
SEC IN. 81 Id tracks shall be laid III the centre
of the street highwas in all cases where it is
practicable l. so lay them, and said tracks shall
not be laid WI hin twelve feet of the sidewalk up
any street in any case where il is practicable
to be avoided; and said company shall keep the
space between the rails in proper repair. so not
to interfere with travel over the and shall
keep the same IN proper order as 10 cleanliness at
its own cost ami expense.
SEC. Y. Tie cars of said company shall be en-
titled to the track, and in all cases where any
team or veh CT shall meet or be overtaken uton
either of the street railways in said town. such
team or vehicle shall give way TO such car nor
shall any person wilfully ohstruct, hinder or in
terfere with any OF said railway cars by placing,
driving or stop ing, or causing TO be placed
driven In slow race, or stopped, any team, We
hlcle, other Oh stacle in, upon, across along
near the track OF said railway, either OF theIn
after being notified by the driver or conductor,
by the ringing Of the car bell, or otherwise; and
whoever snail Nillfully violate any OF the proyis-
ions OF this section shall, upon conviction thereof
before any Justice OF the Peace OF said town, De
punished by fine OF not more than htly nor less
than i've dollars ana costs OF prosecution, AID
may be imprisoned until such tine and costs are
paid, not exceeding thirty days.
SEC. XI. II shall DC tie duty of tn. pany
TO furnish and run sufficient number or Gals 10,
accommodate the travelling public, on ali streets
which they shall and occupy for railroad puI-
poses All cars shall carry signal lights after DIRK
SEC. XII. 1t shall be the uGty OF said company
TO promptly repair any and all damages done 10
lie property, hv the construction or repairing OF
the tracks along the streets, as herein provided
for and further, to protect and save harmless the
Town OF Superior against claims or damages arls
ing from the construction or management of
tracks and roads provided for herein.
SEC. Nil. Authority is hereby conferred on,
and said company required to lay double ties over
and across such bridges as may De on any of the
streets or highways occupied by them said ties
on said bridges TO be laid in such a manner as the
Town Board shall authorize and direct
SEC. XIV. The cars carriages of the compa-
ny shall be run upon and along the tracks OF SAID
railway company in conformity with the follow
ing rules and regulations:
!. No cars shall be run at Il greater rate of speed
than six miles an hour.
2 While cars are turning corners or crossing
bridges over twenty feet in length, the horses or
mules attached thereto shall not be driven faster
than walk, or, if other motive power is used, not
faster tnan three miles an hour
3. Cars driven in the same direction shall not
approach each other nearer than distance OF
two hundred feet, except in cases of unavoidable
necessity or accident, or when near or at
stations.
L. No car shall be left to remain standing on
any street at any time, unless the same is waiting
for passengers, or is unavoidabiy detained.
3. No car shall be allowed to stop on cross
walk nor in front of any intersecting street, ex-
cept to avoid collision TO prevent danger to
persons IN the street or to take III or leave Oh pas
sengers
g. The conductors and employees employed by
said company shall use all reasonable care and
diligence to prevent injury to persons and on the
appearance Of danger to any one on orsnear the
track, the car shall be stopped, when by SO dong
such injury may be averted.
T. All proper care shall be used by conductors
and employees 10 prevent injury to teams, Wag
ons, carriages, and other vehicles.
s. The conductor shall use proper diligence 70
prevent ladies, or children under twelve years Of
age, from leaving or entering the cars while In
motion.
g. No cars shall remain standing at any of the
stations more than ten minutes except at each
end of the lines and the stations nearest the pas
senger depot OF any other railway companies at
which excepted stations they may stand longer
time.
SEC XIV. Within thirty days from the publica
ton of this ordinance said company shall file
with the Town Clerk a written acceptance of the
grant herein above made, with the conditions and
limitations above expressed, signed by the Pres
dent and Secretary OF said company; and when
accepted the ordinance shall operate a contract
between the Town and said Company, and upon
failure to to file such acceptance aforesaid,
then the above grant shall not become operative
to vest any rights, privileges or franchises what
ever.
SEC. XVI The term street or streets whenever
herein used shall be construed to mean and cover
all streets, avenues alleys piers, highways and
travelled roads in the Town OF Superior.
Adopted March 18th, 4oS4
lSigned] JAMES BARDON,
Chairman
Countersigned
TSignedl S. +. RIsHoFF, Town Clerk.