Arizona republican., 1894-12-20
Ordinance No. 182.

An ordinance authorizing J. C. Dobbins, his successors and assigns, to construct, nla1n- | tain and operate street railway system up1n certain streets in the City Of PheniX, Terri tory of Arizona The Common Council of Phoenix do ordain US follows SECTION l. That there be and is hereby granted to J. c. Dobbins and Ris legal success sors in interest and assigns, the privilege, au- thority and right to construct ard mairtai street railway, and equip, maintain and oper ate the same within and through the City of Phoenix, and carry passengers thereon, and charge and collect fares therefor, over the fol- lowing described route, to wit: Commencing St 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 north on First street to the city limits. SEC. ?. The construction of said 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 said railroad shall have been con- menced, the cost of which engineering and es- IhD1SnmeHt Ol gTdues lO De dl the COst OI IHe 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 delays so caused by such failure to fix and establish said grade, shall not be included in the time herein granted for the commence ment of the construction of said road or bv the action of any court of law or equity. But in case of any delay from such cause, the time 30 hereinbefore specified shall be extended and be equal to the period of interruption caused by such failure to so establish such grade.
 Said road shall be completed so that it may he operated by horse power within eightmo from the date of the passage of this ordinance, and finally completed within four additional months thereafter, and put in operation.
 Sec. 3. 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 he 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 or cut so as to prevent the cars of each to pass without obstruction.
 Sec, 4. 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 tre 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 double track, leaving the space for another line of track to be laid as provided above for double track line; and all single tracks may be constructed with switches or turn-outs necessary to 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 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 ascertained and com pensated for by said grantee, or hls 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- tion thereof or the completion of any repairs thereon. shall leave the streets upon which said railway is constructed in as good condi- ton as the same were before said railway was constructed or repaired snd 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 a 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 paving, macada- mixing or graYeling 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 or assigns, shall build all of such crossings on that part of such streets, for distance from the center line of the street to 8 point two feet beyond the outer rail or the track or tracks on said street. 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 tor such crossings, ahd at his or their cost, and without cost to the city, and foil 1ora tO 1O ahan ataa forfa tIIro of this fran chise.
 SEC 6. 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 &C.,