Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-01-03
Ordinance No, 1872.

d. v.
success rs ana assigns, to construct, main
tain and operate street ra lWay system upon
certain streets il the City OF Phoenix, Terri
tory Vi -rlzo.lit.
The Common Council of Phauix do ordain as
follows:
SECTIoE That there be and is hereby
grantee to J. e. Dobblns and his legal success
sors III interest anu assigns, the privilege, au-
thorttv and right t. construct 4 q mum tain d
street railway, Atid equip, malntslu and op2r-
ale the same within and through the City of
Phoenix, and carry passengers thereon, and
char 3e and collect far+s therefor, over the fol-
lowing descr bed ute, to wit: Commencing
at the .ity limits s)dth on FIRST avenue; thence
north on First avenue to the intersection of
Jefferson street. thence east along letters N
street to- tie intersection OF First street, thence
noItn on First street TO the city limits.
SEC. ,. The construction of saiu line of street
railway shall be c"mneuced within ninety
DAYS IRON the passage of this ordnance, ana
shall be completed and IL operation within
eight ltSnths from the passage hereof. Pro-
vided, 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 shalt have been c0Il-
menced, the cost OF which engineering and
adjustment OF grades TO be at the cost o. JIG
said J. G. Dopbins, MS suocessors assigns.
and in case Of failure OF the City Council to
fix and establish said grade within i7et- la
from the date OF the passage vi vnls C-~--------,
all delays SO caused by such future ~ il anu
the time herein granted for the commence
ment of the construction OF said road, or Dv
the action O. any court OF law or equity. But
IN case of any delay from such cause, the time
so hereinbeiore specified shall be ex ended ard
be equal to The period of interruption caused
by such failure to so establish such grade.
Said roa1 shall be completed SO that it may
be operated by horse poWrT within eight months
from the date OF the passage Of thl, ordinance,
and finally completed within four additional
months thereafter, and put in operation.
Sec 8. That said line or system of railway
NAV consist Of q single or double f=aek, or
both. The rails shall be of iron or steel arr
of the style or patten known Us he - " r-il
They shall lie laid III the best approved man
ner, and shall be flush or level with the grade
of the streets 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 ra1lW.y
the rails of each shall be altered or cut so TO
permit the cars of each to pass without
obstruction.
Sec, 4. Each track of said line or system
street ilway, in case OF double track, shall
be placed as Lear the other as shall be p1acti.
cable tor cars going in opposite directions
to pass, with safety; and in such case the cen
ire of the space between aid tracks ST all h,
the centre line OF the street; and all streets
wherein single tracks are laid. said single
tracks shall be constructed as lhough the track
were to be a double track leaving the space for
another line of track to be laid as provided
h
tracks may be constructed with switches ..
turn outs necessary 20 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 tie Oh er rail OF double Ira.
must be placed under this ordinance,
The said track or tracks shall no. be less thar
three or more than five feet between the rails
thereof That before ady OF the street Tailwa
tracks be laid, all injury or damage sustained
thereby to property sbutting On any of s. d
streets or public place upon " oh said tracks
are to be laid, shall be ascertained and cam
pensated for by said grantee. or his successors
or assigns in the manner AMI provided b
the laws of the Territo.y of Arizona, and the
laws and ordinances of the city o. phInix.
SEC 5. Said C. ,hbns, his successors or
assigns, shall keep said railway i'll good re
pair, and upon the compilation OF the c'netrre
ton thereof or the completion OF any repairs
thereon, shall leave the streets upon which
said railway is constructed in as good coIltli-
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 travnl thereon impedad for
greater period than twenty days. ind in case
any of the streets over wnich right of wa is
now granted. shall be ordered paved, macada
mixed or prave.ed by the Common Council,
tn en-, and in such event, the said J. G. Dobb1ns
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 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
macadamized or graveled, by said Common
Council; and at the time said naving, 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
| date 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. G. Dob
bins, his successors or assigns shall build all of
such crossings on that part of such streets, for
distance from the center line OF the street to
| a point two feet beyond the outer rail of the
| track or tracks on said stree t. The same to be
| built by the said ]. G. DObhins, 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, ard 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.
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 &C
commodate the wants of the public. Said cars
i shall be 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 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 Tor each
violation thereof
/ SEC 7. In the operating of sail system OF
street railway, the said J. C. Dohbins, 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 uted upon said street railway
which shall interfere with or make hazardous
public travel, or be in any deeree 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 electricity is used as a
motive power; said poles to be placed inside OF
curb, with outside flush with the inner curb
limo