Arizona republican., 1894-12-29
Ordinance No, 182.

An ordinance authorizing J. c. Dobbins his
 success rs ana assigus. to construct, main
 tain and operate street ra way system upon
 certain streets in the City Of Phoenix, Terri
 tory of Arlz0Ga-
 The Common Council of Phoenix do ordain as
 follows:
 SEcrIo-i 1 That there be and Is hereby granted to J. C. Dobbins and his legal success sors Ill interest ana asslgus, the privilege, au thorltv and right t. construct a d maih tain d street railway, ana equip, maintain and oper- ate the same within and through the City of Phpnix, and carry passenger thereon, and charge and collect far7s therefor, over the fol- lowing described r ute, to wit: Comme Ecing ut the clts limits south Oil F-rst avenue; thence north on First avenue to the intersection of Jefferson street; thence east along Jeffers I'll street t the intersection of First street; thence north on First street to the city limits.
 SEC. ,. The construction of saia line of street railway shall be commenced within ninety days from the passage of this ordinance, and shall be completed and in operation within eight months from the passage hereof. Pro- vided, however, that the grade of said streets shall be fixed and established by the City council before the work of construction and building sad railroad shail have been con- menced, the cost of which engineering and es- tabishnent of grades to be at the cost Of the said J. c. Dobbins, his successors or assigns, and in case of a failure of the City Council to fix and establish said grade within ninety days from the date of the passage of this ordinance,
 
 establish said grade, shall not be included in the time herein granted for the commence ment of the construction Of said road, or ny the action any court of law or equity. But in case of any delay from such cause, the time so herainbeiore specified shall be extended and be equal to the period of interruption caused by such failure to 20 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 thi. ordinance, and finally completed within four additional months thereafter, and put in operation.
 Sec 3. That said line or system of railwsy may consist of 8 single or double track, or both. The rails shall be of iron or steel, and of the style or patten known as the "I" rail.
 They shall he laid i'll 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, 4. Each track of said line or system of street T ilway, in case of double track, shall be placed as pear the other as shall be practi cable Ior cars going in opposite directions to pass, with safety; and in such case the cen ire of he space between said tracks shall be the centre lire of the street; and all streets whereOn single trecks gre laid. said single tracks shall be constructed as hough the track were to be double track, leaving the space for [ above for double.tra line; and all single tracks may be constructed with switches or urn-outs necessary io the full equipment Of the same; provided that no switch or turnout shall be placed on any of said streets at any point nearer the curb-line of the street than the point where the ou rail of double track must be placed under this ordinance.
 The said track or tracks shall nos 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 ascertained 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 pair, and upon the completion of the construc- | ton thereof. or the completion of any repairs l thereon, shall leave the streets upon which said railway is constructed in as good condi- i ton as the same were before said railway was | constructed or repaired: and at no time shall | any part or portion Of any of the streets over 1 which said line of railway is to be constructed 1 be blockaded. or travel thereon impeded for 6 l greater period than twenty days. And in case 1 any of the streets over which right of way is now granted. shall be ordered paved, macada- mixed or graveIed by the Common Council, then, and in such event, the said J. c. Dobbins, 1 his successors or assigns, shall pave, macada- mize or gravel, as the case may he, all of said | 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, macadamized or graveled, by said Common | Council; and at the time said having, maceda- mixing or grayeling is done under such order, and any refusal so to do by sa' d 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 8 crossing of any i m ateral scross any street over which this | franchise is granted then the said J. C. Dob bins his successors or assigns, shall build all of such crossings on that part of such streets, for a distance from the center line Ofthe street to | a point two feet beyond the outer rail of the :! track or tracks on said streft. The same to be 1 built by the said J. c. Dobbns, 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 tor such crossings, and at bis or their eoTt, and without cost to the city, and any failure to do, shali operate as forfeiture of this fran chise.
 i SEC G. The cars to be used upon said street
 railway shall be of the most improved con struction and provided with brakes and other necessary appliances to insure safety to the public and shall be sufficient in number to sc
 commodate the wants of the public. Said cars
 shall be run at speed of not to exceed ten
 miles per hour, and the City of Phoenix hereby reserves the right at all times to regulate and
 control the rate of speed at which said cars
 shall move through the streets of said city; and
 in no case shall the maximum rate of speed be
 exceeded under penalty of not less than fifty
 nor more than five hundred dollars for eacf
 violation thereof
 SEC '. In the operating of sai1 system O. street railway, the said J. c. Dobbins his sue
 cessors or assigns, shall have the right to use
 either electric motive power, cable or horse
 power provided, however, that no motive
 power shall be uted upon said street railway
 which shall interfere with or make hazardou:
 public travel, or De in any dearee offensive to
 or encroach upon the rights of the public
 thereon.
 And there is hereby further granted the right
 ts place poles in said streets, commonly known
 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 distance of not tc
 exceed two hundred feet, and to be of wood ol iron, and if wood is used, not less
 tapering to 6x6 inches at the top; all poles tn be nainted with two coats of paint