Arizona republican., 1894-12-21
Ordinance No. 182.

n ordinance authorizing J. C. DoDDlns nis successors and assigns, to construct, malp- | tain and operate street railway system upon certain streets ill the City of Phoenix, Ierrl- l 5cly Of Arizona. gEa Common Council of Phoenix do ordain as SSiiows:
 granted to J. C. Dobbins and his legal success sors in interest and assigns, the pr1v1lese. au | shoritv and right to construct and malhtalH street railway, and equip, maintain AnQ oper- ate the same within and through the Clty or PhnniX and carry passengers thereOn ana sharge and collect fares therefor, over the iol- lowing described route, to wit: commencing at the city limits south on First avenue; thence north on First avenue to the intersection or Jefferson street; thence east along Jefferson street to the intersection of First street. thence 19rtn 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 nereoI ;5 s+ats aao shall be fixed and established by the Clty Council before the work ot construction ana building said railroad shall have been com raenced the cost of which engineering and es- sablishment 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 ana establish said grade, shall not be included i'll she time herein granted for the commence ment of the construction Of said road, or ov she action of any court of law CT equity. But in case of any delay from such cause, the tlme 4o bareinbefore specified shall be extended and he equal to the period Of Interruption caused Sg such failure to so establish such grace.
 Said road shall be completed so that 1t may be operated by horse power within eight months from the date of the passage of this ordinance, and finally completed within four addltlonal months thereafter, and put in operation.
 nf uay 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 grace 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; ana where crossed by the tracks ot 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 fsreet railway, in case of double track, snail he placed as near the other as shall be pract1 cable for cars going in opposite directions to pass, with safety; and 1n such case the cen tre of the space between said tracks shall be the centre line Of the street; and all streets yhereon single tracks are laid, said single tracks shall be constructed as though the track were to be 6 double track, leaving the space for another line of track to be laid as provided shove for a double-tra k line; and all single tracks may be constructed with switches or rn-outs necessary 10 the full equipment Of the same; provided that no switch or turnout shsll be placed on any of said streets at any point nearer the curb-line of the street than 5he point where the outer rail of a 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 sa1d tracks
 I,5J et,ol1 ha rtoIT md aNr11- pensated for by said grantee, or h1s successors Dr 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 comp plet1on of any repairs thereon, shall leave the streets upon which said railway is constructed in as good condi- lion 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 winch said line of railway Is to be constructed he 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 qrayeled by the Common Council. then, and in such event. the said J. c. Dobb1ns, his successors or assigns, shall pave, macada- nize or gravel, as the case may De- all of sa1d 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 1aacadamized or graveled, by said Common Council; and at the time said paving, macada n1izipg or grayeling is done under such order and any refusal so to do by said J. c. Dobbins his successors or assigns, shah work an imme Fiate forfeiture of the franchise; and whenever inc city shall see fit to build a 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 O sucn crossings on that part of such streets, fol A distance from the center line of the street tC a point two feet beyond the outer rail or the track or tracks on said street. The same to b. built by the said J. C. Dobblns, his successor or assigus, 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 hl or their cost, and without cost to the city, anC any failure so to do, shall operate as forfeiture of this fran chlse
 SEC G. The ears to be used upon said stree railway shall be of the most lmprOse1 con sttuction and provided with brakes and othe necessary appliances to insure safety to tn pnbie and shall be sufficient in number to sc aommodate the wants Of the public. Said car shall be run at speed of not to exceed tel miles per hour, and the City of Phoenix hereb reserves the right at all times to regulate an e0ntro the rate ot speed at Whlch salo car shall move through the streets of said city; an fr no case shall the maximum rate of speed b exceeded under penalty of not less than fit nor more than five hundred dollars for eac violation thereof
 hRC- '. III Ine operatinS ot saiu sSseeH street railway, the said J. c. Dobbins, his su( eessors or assigns, shall have the right to us either electric motive power, cable or horse power; provided, however, that no motiv bower shall be used upon said street railwa which shall interfere with or make hazardoU public travel. or be in any degree offensive tt or enc1oach upon the rights of the publi thereon.
 And there is hereby further granted the rigf to place poles in said streets commonly know ms trolley poles, in case electricity is used as Eaotive power; said poles to be placed inside curb, with outside flush with the inner cur line.
 Said poles to be placed at distance of not exceed two hundred feet and to be of wood C iyon and if wood is used, not less than 10xl0 $ the butt. and tapering to 6x6 at the top; 8 poles to be painted with two coats of pain said poles to be not less than 26 feet in lengtf and to set not less than six feet in the ground