Arizona republican., 1894-12-23
Ordinance No. 182.

An ordinance authorizing J. c. Dobbins, his successors snd assigns, to construct, main | tain and operate street railway system upon | certain streets in the City of PhoenlX, Ierf1- sory of Arizona. ghe Common Council of Phoenix do oTdain as follows: granted to J. c. Dobbins and his legal success sors in interest and assigns, the privilege, au- thority and right to construct and main tain street railway, and equip, maintain ana oper. ate the same within and through the City of Phoenix, and carry passengers thereon, ana charge and collect fares therefor, over the 1ol- lowing described rnute, to wit: Commencing at the city limits south on First avenue; thence north on First avenue to the intersection Of Jefferson street; thence east along Jefferson street to the intersection Of First street. thence E0rtn on First street to the city limits. SEC. 3. The construction of said line of street railway shall be commenced within ninety days from the passage of this ordinance, ana shall be completed and in operation within eight months from the passage hereof. Pro- yided, however, that the grade of said streets shall be fixed and established by the City Council before the work of construction and building said railroad shall have been com menced, the cost of which engineering and es- tablishment of grades to be at the cost ot the said J. c. Dobbins, his successors or assigns, and in case of failure of the City Council to fix and establish said grade within ninety days from the date of the passage of this ordinance, all Q6IayS so cduSGu DN SuCu ldlluTo IO IA anu establish said grade, shall not be included in the time herein granted for the commence ment of the construction of said road or pv the action of any court of law or equity. But in case of any delay from such cause, the time SO hereinbefore specified shall be extended and be equal to the period ot interruption caused by such failure to so establish such grade.
 Said road shall be completed so that it may be operated by horse power within eight months from the date of the passage of this ordinance, and finally completed within four additional months thereafter, and put in operation.
 Sec B. That said line or system of railway may consist of single or double track, or both The rails shall be of iron or steel, and of the style or patten known as the 'T'' rail.
 They shall be laid in the best approved man. ner and shall be flush or level with the grade of the streets as established and laid in such manner as to offer little or no obstruction to the crossing of carriages or other vehicles; and where crossed by the tracks Of other railways the rails of each shall be altered cut so as to permit the cars of each to pass without obstruction.
 Sec, A. Each track of said line or system of street railway, in case of double track, shall be placed as near the other as shall be practi- cable for cars going in opposite directions to pass with safety; and in such case the cen Ire of the space between said tracks shall be the centre line of the street; and all streets whereon single tracks are laid. said single tracks shall be constructed as though the track were to be a double track, leaving the space for another line of track to be laid as provided above for a double-tra, line; and all single sracks may be constructed with switches or turn-outs necessary to the full equipment of the same provided that no switch or turn out shall be placed on any Of said streets at any point nearer the curb-line of the street than inc point where the outer rail of @ double track must be placed under this ordinance.
 The said track or tracks shall not be less than three or more than five feet between the rails thereof. That before auy of the street railway tracks be laid, all injury or damage sustained thereby to property sbutting on any Of said streets or public place upon which said tracks are to be laid, shall be ascertalned and com pensated for by said grantee, or his successors or assigns, in the manner and as provided by the laws of the Territory of Arizona, and the laws and ordinances of the city of Phoenix.
 SEC 5, Said J c. Dobbins, his successors or assigns, shall keep said railway in good re pair, and upon the completion of the construc- lion thereof, or the completion of any repairs thereon. shall leave the streets upon which esohsfrncted sS M or repaired; and at no time shall any part or portion of any of the streets over which said line of railway is to be constructed be blockaded or travel thereon impeded for a greater period than twenty days. And in case any of the streets over which right of way is now granted. shall be ordered paved, macada- mixed or graveled by the Common Council, then, and in such event. the said J. c. Dobbins, his successors or assigns, shall pave, macada- mize or gravel, as the case may be, all of said streets, from the center line of the street to 8 point two feet beyond the outer rails of the track or tracks, on either side from said center, with like material and in like manner, as the balance of said street is ordered to be paved, ERacadamized or graveled, by said Common Council; and at the time said paving, maca6a- nizing or graveling is done under such order, and any refusal so to do by said J. c. Dobbins, his successors or assigns, shall work an imme- diate forfeiture of the franchise; and whenever the city shall see fit to build crossing of any material across any street over which this franchise is granted, then the said J. c. Dob. bins, his successors assigns, shall build all oi such crossings OF that part of such streets, foI distance from the center line of the street to point two feet beyond the outer rail of the track or tracks on said streft. The same to be built by the said J. c. Dobbins, his successors or assigns, at the same time in the same man ner, and of the same material, as used and desig mated by the city for such crossings, and at hit or their cost and without cost to the city, and any ilure so to do, shall opera' as forfeiture of this fran chise.
 SEC 6. The cars to be used upon said stree railway shall be of the most improved con strueti3n and provided with brakes and othel necessary appliances to insure safety to the public, and shall be sufficient in number to sc eonmodste the wants of the public. Said cars miles per hour, and the City of Phoenix hereby reserves the right at all times to regulate anG control the rate of speed at which said car shall move through tue streets of said city; anG in no case shall the maximum rate of speed bt exceeded under penalty of not less than fifty nor more than five hundred dollars for eaef violation thereof
 SKC- 7. In the operating of said system O. street railway, the said J. c. Dobbins, his sue eessors or assigns, shall have the right to use either electric motive power, cable or horse power; provided, however, that no motive power shall be used upon said street railway which shall interfere with or make hazardous public travel. or be 1n any degree offensive to or encroach upon the rights of the public thereon
 And there is hereby further granted the righ to place poles in said streets, commonly knowr as trolley poles, in case electricity is used as motive power; said poles to be placed inside O curb, with outside flush with the inner curl line
 Said poles to be placed at a distance of not tc exceed two hundred feet and to be of wood ol iron, and if wood is used, not less than 10x10 inches at the butt and tapering to 6x6 inches at the top; all poles to be painted with two coats of paint