Arizona republican., 1894-12-28
Ordinance No. 182.

An ordinance authorizing J. C. Dobbins. his | successors and assigns, to construct, main | tain and operate street railway system upon | certain streets ill the City of Phoenix, Terri 1 tory of Arizona. The 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 | BOTS in interest and assigns, the privilege, au- thorlty and right to construct ard maintain street railway and equip, maintain and oper- | ,s ste- she same within and through the City of Phmnix.s-snd carry passengers thereon, and charge and coflet tarvs therefor, over the fol lowing described r"ute,=1so WI: oommenclng at the city limits south on FIfsS avenue thence north on First avenue to the 1nrefssSttsSm or Jefferson street; thence east along Jensfse1n 1 l street to the intersection of First street. thence north on First street to the city limits. Skc 3. The construction of said line of street railway shall be commenced within ninety days from the passage of this ordnance, and shall be completed and 1n 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 ana building said railroad shall have been con- 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 6 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 0v the action of any court of law or equity. But in case of any delay from such cause, the ume so 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 be operated by horse power within eight months fra,, thn do 10 nf and finally completed within four additional months thereafter, and put in operation.
 Sec 3. That said line or system of railway may consist Of a single or double track, or both The rails shall be of iron or steel, and of the style or patten known as the CT" rail.
 They shall be laid in the best approved man. ner, and shall be flush or level with the grade ofthe streets as established, and laid in such a manner as to offer little or no obstruction to she 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, 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 practl- 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
 
 above for double -tra k line; and all single tracks may be constructed with switches or turn-out 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 curbline 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 o be less than three or more than five feet between the rails thereof That before auy of the street railway tracks bs 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 com pensated for by said grantee, or h1s successors or assigns, in the manner and provided by the laws of the Territory of Arizona, and the laws and ordinances of the city oi Phoenix.
 SEC D. Said J. c. Dobbins, his successors or assigns, shall keep said railway in good re pair, and upon the mpletion of the construc ton thereof or the completion of any repairs thereon. shall leave the streets upon which said railway is constructed in good condi- tien as the same were before said railway 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 8 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 erayeled 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
 
 track or tracks, on either side from said center with like material and ill like manner, as the balance of said street is ordered to be paved, macadamized or graveIed, 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- diste 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 Iii a acS1o cho1 h11jld a of such crossings on that part of such streets, for distance from the center line ofthe 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 rer, and of the same material as used and desig- mated bv the city TOT such crossings, and at his or their cost, and without cost to the city, and any failure to do, shall operate as forfeiture of this fran chise.
 SEC G. The cars to be used upon said street railway shall be of the most improved COR struction 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 6 speed of not to exceed ten miles per hour, and the City of Phoenix hereby reserves the right at All times to regulate ana ana shall move through the streets Of said city; and i'll 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 street railway, the said J. c. Dobblns, his suc- 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 used 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 ill said streets, commonly known es trolley poles, in case electricity is used a motive power; said poles to be placed inside oi curb, with outside flush with the inner curh line.
 Said poles to be placed at 8 distance of not to exceed two hundred feet, and to be of wood eI iron, and if wood is used, not less tapering to 6x6 inches at the top; all poles