Arizona republican., 1894-12-22
Ordinance No. 182.

An ordinance authorizing J. c. Dobbins. his successors and assigns, to construct, nam
 tain and operate 8 street railway system upon certain streets in the City of Phoenix, Terri
 tory Of Arizona.
 The Common Council of Phoenix GO ordaln as
 follows:
 SECTION | 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 maintain a street railway and equip, maintain and oper- ate the same within and through the Clty o1 Phoenix, and carry passengers thereon, ana charge and collect fares therefor, over the fol- 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 north on First street to the city limits.
 SEC 9 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- 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 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, nd ftlo1 lu ra1l1n cd JUit months thereafter, and put in operation.
 Sec 8. That said line or system of railway may consist of 8 single or double track, or both. The rails shall be of iron or steel, and of the sty lie 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; and where crossed by the tracks of other railways the rail 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 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 a double-traek line; and all single tracks may be constructed with switches or turn-outs necessary 10 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 ebutting on any of said streets or public place upon which said tracks are to be laid, shall be ascertained and con- Densated for by said grantee, or hls successors or assigns, in the manner and as provided bv 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 as good eOndi- 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 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 praveled 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 8 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 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 franchise; and whenever the city shall see fit to build 8 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 8 distance from the center line of the street to 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 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 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 tiIe 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 ot 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 uGed 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 ot curb, with outside flush with the inner curl line.
 Said poles to be placed at distance of not to exceed two hundred feet, and to be of wood ol iron, and if wood is used, not less Ov10 at ho h1tt