Arizona republican., 1894-12-30
Ordinance No. 182.

An ordinance authorizing J. c. Dobbins. his
 successlrs and assigns, to construct, main
 tain and operate street railway system upon
 certain streets iu the City of Phoenix, Terri
 tory of Arizona. The Common Council of Phoenix do ordain as
 follows:
 SECTION L That there be and is hereby granted to J. C. Dobblns and his legal success sorS Ill interest anu assigns, the privileee au- thority and right t0 construct d maintain d street railway, and equip, maintain and oper ate the same within and through the City of Phc9nlE, and carry passenger thereon, and charge and collect fares therefor, over the fol- lowing descr bed r"uEe, 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 JetfeTstn street to the intersection of First street. thence north 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, and shall be completed and in operation within eight months from the passage hereof. Pro- v1ded, 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 tabl1shment of grades to be st 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 in the time herein granted for the commence ment of the construction of said road, or the action oi any court Of law or equity. But in case of any delay from such cause, the time 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 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 single or double track, or | both The rails shall be of iron steel, and 1 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; and where crossed by the tracks of other railways ! the rails of each shall be altered or cut to i permit the cars of each to pass without | obstruction.
 Sec, f. Each track of said line or system of street rsilway, in case of double track, shall be placed as near the other as shall be practi- cable for cars going in opposite directions i to pass, with safety; and in such case the cen | ire 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 lhough 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 outs necessary o 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 ou CT rail of a double track must be placed under this ordinance.
 1 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 1 are to be laid, shall be ascertained and com pensated for by said grantee, or hls 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 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- ton thereof, or the completion of any repairs thereon. shall leave the streets upcn which said railway is constructed in as 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 a greater period than twenty days. And in case any of the streets over which right of way is l now granted. shall be ordered paved, macada- mixed or grave'ed 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 ot said ks.1 point two feet beyond the outer rails of the track or tracks, on either side from said center, 1 with like material and in like manner, the balance of said street is ordered to be paved, macadamiZed or graveled, by said Common Council; and at the time said having, macada- mizing or graveling is done under such order, and any refusal so to do by said J. c. Dobb1ns, his successors or assigns, shall work an imme- diate forfeiture of the franchisG and whenever the city shall see fit to build crossing of any material across any street over when thls franchise is granted, then the said J. c. Dob. bns his successors or assigns. shall build all o1 such crossings on that part Of such streets, fo1 a distance from the center line the street tC a point two feet beyond the outer rail of the track or tracks on said stTeet 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 hlt or their cost and without cost to the city, and any failure so to do, snail operate as forfeiture of this fran chlse.
 i SEC G. The cars to be used upon said stree
 railway shall be of the most improve3 con i struction and provided with brakes and othel
 necessary appliances to insure safety to tht
 public, and shall be sufficient in number to sc
 commodate the wants of the public. Said car
 shall be run at speed ot not to exceed ter
 miles per hour, and the City of Phoenix hereb!
 reserves the right at all times to regulate ant
 control the rate of speed at which said car
 shall move through the streets of said city; snt l in no case shall the maximum rate of speed b. exceeded under penalty of not less than fit. ) nor more than five hundred dollars for eaci
 violation thereof
 SEC '. In the operating of sa1 system 0
 street railway, the said J. C. Dobblns, his sue
 cessors or assigns. shall have the right to us
 either electric motive power, cable or horse
 power; provided, however, that no motive
 power shall be used upon said street railwa.
 which shall interfere with or make hazardou
 public travel, or be in any deeree offensive to
 or encroach upon the rights of the publi'
 thereon.
 And there is hereby further granted the righ to place poles in said streets, commonly know
 as trolley poles, in case electricity is used as
 motive power; said poles to be placed inside o , curb, with outside flush with the inner curl | line.
 | Said poles to be placed at distance of not u
 exceed two hundred feet and to be of wood O iron, and if wood is used, not les | than 10x1O inches at the butt. ant