Arizona republican., 1894-12-25
Ordinance Mo-. 182.


 tain and operate street railway system upon certain streets in the City of Phoenix, Terri tory of Arizona. Tie Common Council of Phoenix do ordain as
 follows:
 SECTION l. That there be and is hereby granted to J. C. Dobbins and his legal success sors in interest and assigns, the privilege au- thority and right to construct ard maintain street railway, and equip, maintain and oper. ate tho same within and through the City of Phoenix, and carry passengers thereon, and charge and collect fares therefor, over the tol- lowing described route, 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 noItn On First street to the city limits.
 SEC g. 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 com menced, the cost of which engineering and es tablishment of grades to be at the cost of 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 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 Dv the action of any court of law or equity. But in case of any delay from such cause, the time so herein before 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 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. 3. That said line or system of railway may consist of 8 single or double track, or T1C chn11 h0 nf m 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 fthe 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 permit the cars of each to pass without obstruction.
 Sec, f. 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 6 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 therepy to property ebutting 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 oi 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 good condi- 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 which said line of railway is to be constructed be blockaded or travel thereon impeded for @ 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 eraveled by the Common Council, then, and iii such event. the said J. c. Dobbins, his successors or assigns, shall pave, mscada- 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, maeadamized or graveled, by said Common Council; and at the time said paving, macada- mixing or graveliDg 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 eny 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 a distance from the center line of the street to 8 point two feet beyond the outer rail of 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, and at his or their cost, and without cost to the city, and any failure so to do, shall operate as forfeiture of this fran ch1se.
 SEC. G. The ears to be used upon said street raiiway shall be of the most improve1 con struetion and provided with brakes and other necessary appliances to insure safety to the public, and shall be sufficient in number to ac- commodate the wants of the public. Said cars shall be run at speed ,, of not t. to exceed ten reserves the right at all times to regulate and control the rate Of speed at which said cars shall move through tine 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 each violation thereof
 SEC r. In the operating of said system of 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 t. no motive power shall be uEed upon said street railway which shall interfere with or make hazardous public travel or be in any degree offensive to- or encroach upon the rights of the public thereon.
 And there is hereby further granted the right to place poles in said streets, commonly known as trolley poles, in case electricity is used as motive power; said poles to be placed inside of curb, with outside flush with the inner curb line.
 Said poles to be placed at 8 distance of not to exceed two hundred feet, and to be of wood or iron, and if wood is used, not less than 10x10 inches at the butt. and tapering to exc inches at the top; all poles to be painted with two coats of paint; said poles to be not less than 26 feet in length, and to set not less than six feet in the ground ii round pole be used, instead of square pole, the same to be not less than l0' in diameter at the butt and 6" at the top.
 nd hall ha