Mesa free press., 1895-08-23


sIcrfoNl That the rhoetix, Tempe & Mesa
Railway C,m. an. . corporation organized
anL existing p1der and by ftue of the laws OF
the Territor, of Arizona, and its assigns are
hereby granted the right of way, franchise and
privilege OF entering upoE and using the por. |
tons .of the streets OF the Incorporated Village
of Mesa City hereinafter described for q period
Of fifty (50) years from ne passage and pualica
.tioh of this Ordinance, wnen necessary for the |
accomplishment II any or all of the following |
pnrp ,ses
Elasr For the purpose Of constructing, |
operating apd maintaining single or double |
track railway thereon, to be operated by steam
or electric power.
SECOND. For the purpose Of erecting, mair,.-
tanning and operating all necessary posts and
poles of iron, wood or other suitable material
to carry telephone or telegraph wires thereon,
and for the purpose of doing any and all things
necessary TO be done in constructing, maic-
tanning and operating in connection with SAID
railway or otherwise a telegraph and teleph one
line for transmitting messages.
SEC. The privilege and franchise hereby
grained 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 North Third
Street OF the said Village, % shown by the re-
corded map Of the Incorporated Village of Mesa
City. thence summing east on the said street,
following the center line ,hereof to the east end
L. -
three, Township One North Range Five East.
SEC. 8. Provide ana y pom the express con-
dition that the readbed for said railroad shall
be complete and graded, ready for trscklaying
on the above menti oned street within f.e
months from the date Of the passage and APP
proval Of this Ordinance, and the said railroad
shall be entirely completed, equipped with
rolling stock and in full working operation
within six months after the said passage and
approval of this Ordinance, and provided fur
ther that &C least one train per day each way
be run and operated continuously ON said road
SEC. Provided fur ther and upon condi.
tion that the said grantee or its assigns shall
keep said railroad constantly In repair, fash
with the streets and provided with good cross
necessary and proper fumes and culverts for
the free and uninterrupted passage of water
from rains or other drainage, and provided
that good and sufi cent cul, erts be constructed
AMI alaiptaiHsd Oh intsfSeeting streets by said
grantee, also provided thSt the track and
streets shall 1T a!l t.nles be ma to conform
with any grades which ma br or he. eater
esta blisbed by the Common Council of the
Incorporated Village of Mesa City, and that the
space between the rails alJ fer thee feet on
each side thereof be placed. kept and main
taiiied by SAID grantee in socd ndition and
in conformity with grades csta blished by
any ordinance of said Village. When at any
time any part Of said ropte shall he graded or
the grade thereof changed or altered the bed of
! the road and the tracks thrre.f shall be made
TO conform therewith. An! of the streets
hereinbefore mentioned that il;sy be entered
upon J,r any Or ali % the pupJs.. ossi;, 'efore
menti ,ne sh Ill be freed from obsrfIc ions as
soon as practicable after work begins aiid re-.
turncl when the work is done, to Is good con-
dision as when entered upon. No switches,
| turn-outs, buildings, baFrow-pits. excavations
or anything other than the above spec Gifted
single or double track railway and telegraph
or telephone line shall be built or allowed upon
such streets by the grantee herein, except the
privilege OF maintaining one side track OH said
Third Street, between Shrine and Macdongld
Streets. All telephone and telegraph wires
erected urder the provisions Of this ordinance
shall be placed not les than twenty feet above
the ordinary level Of he street over which they
pass. All posts and poles Of wood or iron or
other material shall be so placed as to causs
as little Inconvenience to any one IS possible.
and all work OF constru ction or repairs of every
kind in connection with this fl anchise shall at
all times be under the control of the Street
Commissioner Of said Incorporated Village of
Mesa City. The space betwesn the inside rails
shall be no more thar nine feet In cage of q
double track. No train shall be run faster
than ten miles an honr under this franchise
on any Of the streets above mentioned.
SRc s: Provided further aud upon condi-
tion that the grantee or its assigns, before
entering upon such streets under this fran
ch .se shall execute bond with not less than
two good and sufs cient sureties, to be approved
by the said Common Council. payable to the
incorporated Village of Mesa City, in the sum
of one 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. 6. And it is further understood that
the Village In making the grant of this fran
chisa ey nrasslv reserves the richt IN 0rada ra
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 as to obstruct or injure said
road as little as possible, but when work makes
the same necessary the owner or oxners Of sa;d