Arizona republican., 1894-12-27
Ordinance No. 182.

tain and operate street ra lWay system upon certain streets in the City Of Phoenix, Terri
 tory of Arizona
 Eae Common Council of Phoenix do oIdain 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 and main tain street railway, and equip, maintain and oper. ste the same within and through the City ot Phoenix, and carry passengers thereon, ana charge and collect fares therefor, over the lol- lowing described raute, 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 Jeffers 'n street to the intersection Of First street. thence aortn 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, 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 con- menced, the cost of which engineering and es- tabishment 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 80 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 30 hereinbefore specified shall be extended ana 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 elght months from the date of the passage of this ordinance, and finally completed within four additional months thereafter, and put in operation.
 Sec 8. 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; ana 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, 1. Each track of said line or system of street r4 4ilway, 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 snail De 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-tra line; and all single tracks may be constructed with switches or turn outs necessary TO the full equipment of
 
 shall be placed on any of said streets at any point nearer the curb line of the street than the point where the ou CT rail of a double track must be placed under this ordinance.
 The said track or tracks shall 0 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 Territo y Of Arizona, and the laws and ordinances of the city Of Phoenix.
 SEC 5. Said J c. Dobbins, his successors or assigns, shall keep sail 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 said railway is constructed in as good condi- 6on a. the same were before said railway was constructed or repaired; and at no time shall any part or portion ot 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 ill case any of the streets over VI which right of way is now granted. shall be ordered paved, macada- mixed or erave!ed by the Common Council, then, and in such event, the said J. c. Dobbins, his successors or assigns, shall pave, macada- Inize 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, macadsmized or graveled, by said Common Council; and at the time said paving, macada- mixing 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 franchso; and whenever the city shall see fit to build & crossing of any materia1 across any street over which this franchise is granted, then the said J. c. Dob bins, his successors assigns, shall build all of such crossings on that part of such streets, for 6 distance from the center line of the street to a point two feet beyond the outer rail of the track or tracks on said strei t. 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 pated by the city tor such crossings, and at his or their cot, and without cost to the city, and any failure so to do, shall operate as forfeiture of this fran chise.
 SEC G. The cars to be used upon said street raiiWay shall be of the most improye1 con struetion and provided with brakes and other necessary appliances to insure safety to the public, and shall be sufficient in number to sc eommodate 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 sll 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 each violation thereof
 SEC T. In the operating of said system of
 
 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 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 @ motive power; said poles to be placed inside of curb, with outside flush with the inner curb line.
 Said poles to be placed at a 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 6x6 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; If round pole be used, instead of square
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