Mesa free press., 1895-09-20

Incorporated Village of Mesa City
SECTION That the Phoenix, Tempe & Mesa
Railway CLmlanj, corporation organized
and existing under ant by virtue OF the laws of
the Territor. ii Arizona, and its assigns are
hereby grated the righ, u va! franchise and
privilege OF cntet,t9 upor and usinv the por.
tions of the streets OF the Incorporated Village
of Mesa City hereinafter described for & period
of fifty (50) years from the passage and publica-
tion of tn Ordinance, when necessary ftr the
accomplishment + any or all OF the following
purposes
FItsT For Hls purmss OF constructing,
operating sn iuaintnin'Dg single or double
track railway there n l.. operated by steam
Or electric Cwtr.
SEcoNn. For tho purpl Sc Of erecting, main
tanning and opcrsting al neces,arv posts and
poles of iron, wood or other suitable material
to carry telephone or telegraph w'res thet~on.
and for the purpose Of doing All ,a,i a:i ,i,,,..s
necessary to be done III cons. Acsi.., -....-
tanning and operating in connection with sala
railway or otherwise. a telegraph and telephone
line for transmitting messages.
SEC. The privilege and franchise hereby
granted shall extend to the following described
stree Is and portions thereof OF the Incorpor-
ated Village OF Mesa City, in the County Of
Maricopa, Territory Of Arizona Beginning at
the centre end of the west end of Sorth Third
Street of the said Village, as shown by the re-
corded map OF the Incorporated Village of Mesa
City, thence running cast on the said street,
following the center line thereof 10 the east end
near the west section liLe OF Section Twenty-
three, Township One North, Range Five East.
SEC. g. Provide and upon the express con-
dition that the readbed for said railroad shall
be complete and graded, ready for tracklayirg
on the above mentioned stroot within lie
months from the date Of the Passage and ap-
proval OF this Ordinance, and the said railroad
shall be entirely compile ted, equipped with
rolling stock and in full working operation
within six months after the said passage and
approval of this Ordinance, aid PROVIDED fur
ther that &C least one train per day each way
be run and operated continuously On said road
SEC, 4 Provided further ard upon condi-
tion that the said grantee or its assigns hall
keep said railroad constantly IN rep IL, fish
with the streets and provided with good cross-
ings for all kinda Of vehicles. and with all
necessary and proper fumes and cuiverts for
the free and uninterrupteI passage of water
from rains or other drainage, and provided
that good and sutfc ent cIl, erts be INSTRUCTED
and maintained on intersecting streets by said
grantee, also provided that the track and
streets shall al al tines De r.a TO conform
with Any Z. ades Wh.ci. s..S1 " nvM or tereafter
esta n.ished hy !ko c Cmmon & uaci' % the
Incorporated Village Of hesA C'ty A.d list tie
space between th> Tails AMI fer Nrce fest on
each side there,t he PLACED, kept cnd main
tanned bY said gr. ntee IA good condition and
in conformity with grades established by
any ordinance OF said Vill-gc When at any
time any part OF sac route sc.ll glazed or
the grade thereof chan ccd er alreYsd tie bed Of
the road and the tracks thereof shall be made
to conform Herewith. Acy ~ the streets
hereinb;fcre mentioned :hss M be entered
uion any pr iii - the pa p'ss' Ia ,reih "efore
| menti met snail 10 feeei ie,ui uc.ions as
soon as piacsicapie after "orE 'as ns and re-
turned wh,,u til, work is dom, to ~ 800: cone
dition as when entered ul.cn. NJ ;:hes,
turn-out, buildn.gs, barrow ,s;ts, ca.,:~ .tlons
or ANYTHING other t,.an the a1o.e specitied
single or double track railway snA telegraph
or telephone line shall be nuiil or siiometi upon
such streets by the grantee herein, except the
privilege Of maintaining one side track on said
Third Street, between Shrine and Macdonald
Streets. All telephone and telegraph wires
erected under the provisions of this ordinance
shall be placed not les than twenty feet above
the ordinary level Of ne street over which they
pass All posts and poles Of wood or ron or
other material shall be so placed 30 as tc cause
as little inconvenience to any one IS possible,
and all work of construction or repairs of every
kind in connection with this fl lanchise shall at
all times be under the control OF the Street
Commissioner Of said Incorporated Village Of
Mesa City. The space betwesn the inside rats
shall be no more thar nine feet IN cage Of a
double track. No train shall be run faster
than ten miles ap honr under this franchise
on any Of the streets above mentioned,
SEC g. Provided further aud upon coi.di-
tion that the grantee or its assigns, before
entering upon such streets under this fran
chse shall execute bond with not less than
two good and sutf cient sureties, to be approved
by tho said Common Council payable to the
Incorporated Village of Mesa City, in the sum
of )ne Thousand Dollars, conditioned that the
grantee or its assigns will faithfully perform
all things required by this Ordinance, or that
may be hereafter required by ordinance of the
Incor porated Village Of Mesa City in relation
to the condition and grade of streets.
SEC. 9. And it is further understood that
the Village in making the grant Of this fran
ehise expressly reserves the right to grade, re-
new, sewer, pave, macadamize, improve, alter
or repair all or either Of said streets or any
part thereof. and to lay down pipes for water,
gas and other purposes, such work TO be done
by the Village so rs to obstruct or injure said
road as little as possible, but when work makes
the same necessary the owner or owners Of said
road must shift the rails 70 as to avoid the
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