Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-01-04
Ordinance No. 1872.

success rs ana assigns, to construct, main
tain and operate d street ra lway system upon
Certain streets Ia the City OF Phoenix, Terri
tory OF Arizona
The Common Council of Phoenix do ordain as
follows:
SECTION That there he aud is hereby
granted to J. G. Dobblns and his legal success
sors III interest ana assigns, The privilege, al
thoritv and right IT, construct a d mail tall d
street railway, and equip, MAINTAIN ana opar-
the same within and through the City of
PhCeliz, and carry passengers thereon, and
charge and collect fares therefor, over the fol
lowing descr bed r ute, to wit: Commencing
at the ,ity limits south on FIRST avenue; thence
north on First avenue to the intersection OF
Jefferson street; thence east along Jetfefs IL
street t" the intersection OF First street; thence
nOItn on First street to the city limits.
SEC 2 The construction Of saia line OF street
railway shall be commenced within ninety
DAYS from the passage of this ordinance, and
shall be completed and il operation within
eight months from the passage hereof. Pro-
vided, however, that the grade CT said streets
shall be fixed and established by the City
council before the work OF construction and
building said railroad shalt have been COM
menced, the cost OF which engineering and
adjustment OF grades TO be at the cost Of the
said j c. Dobbins, his succe sSUrs or assigns.
and in case of a 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 ano
esta blish said grade, shall not be included i'll
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 hereinbefore specified shall be ex ended and
be equal to the period of interruption caused
by such failure to 20 establish such grade.
Said road shall be completed so that it may
be operated by horse power within eight mon his
from the date OF the passage OF this ordinance,
and finally onpleted within four additional
months thereafter. and put in operation.
| Sec. 8. That said line system of railway
may consist Of q single or double track, or
both The rails shall be of iron or steel, and
of the style or patten known as the ''I' rail.
| They shall he 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 a
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 so to
permit the cars of each to pass without
obstruction.
Sec, A. 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 praeti,
! cable Tor cars going in opposite directions
| to pass with safety; and in such case the cen
tire of the space between aid tracks shall be
| the centre line OF the street, and all streets
wherein single tracks are laid. said single
tracks shall be constructed as hOugh the track
were to be a double track, leaving the space Tor
another line OF track TO be laid as provided
above for d double-tra line; and ell single
tracks may be constructed with switches or
turn outs necessary 10 the full equipment of
| the same; provided that DO 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 ou;er rail Of a double track
| must be placed under this ordinance.
| The said track or tracks shall no. 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 ebutt1ng on any of said
IJ0r MI io1
| 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 Territory OF Arizona, and the
laws and ordinances of the city OF Phoenix.
SEC 5. Said j. C. D obbins, 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 upon which
said railway is constructed in as good condi-
| ton aH 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 blGckaded, 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. shal be ordered paved, maeada
mixed or eraveed by the Common Council
then, and in such event, the said ]. c. Dobbins
his successors or assigns, shall pave, mac&da
mize or gravel, as the case maybe, all of sale
streets, from the center line of the street to 8
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 graveed, by said Common
Council; and at the time said ravlng, 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 1mme
diate forfeiture OF the franchise; and whenever
the city shall see fit to build crossing of an!
material across any street over which this
franchise is granted, then the said ]. c. Dob
bins his successors or assigns, shall build all o
such crossings on that part of such streets, TO
dis tanoe from the center line ofthe street tt
point two feet beyond the outer rail of the
track or tracks on said street. The same to b.
built by the said J. c. Dobbins, his successor
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 hi
or their cost and without cost to the city, snt
any failure so to do, shall operate forfeiture
of this fran chise
| SEC G. The cars to be used upon said stree
railway shall be OF the most improved con
struction and provided with brakes and othe
necessary appliances to insure safety to thu
| public, and shall be sufficient IN number TO &C
commodate the wants of the public. Said car
| shall be run at a speed of not to exceed tel
miles per hour, and the City OF Phoenix hereb,
reserves the right at all times to regulate AM
control the rate of speed at which said car
shall move through the streets of said city; am
in no case shall the maximum rate of speed b
exceeded under penalty OF not less than NIT
nor more than five hundred dollars 1or eacl
violation thereof
SEC 7. In the operating of sail system o
Eistreet railway, the said J. c. Dobbins, his sue
< cessors or assigns. shall have the right to US
' either electric motive power, cable or horse
power provided, however, that no motiv
power shall be used upon said street railwa
which shall interfere with or make hazardou
= public travel. or he in any decree offensive tc
or encroach upon the rights of the publ
! thereon.
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 6
i curb, with outside flush with the inner cur
line.
Said poles to be placed at distance of not t
eyceed two hundred feet. and to be OF wood G