Arizona republican., 1895-10-24

SEC. Il. Inat section 5, or OIQlnauce TO, oe and the same is hereby amended to read as follows:
 All awning balcony or porch posts, or ground supports, and all telegraph, telephone. electrlc light, electric power. or electric street fallW1y posts, now standing, or hereafter to be located in the streets of the city of Phon1x, under per mission already granted by the common coun. cil of said city, shall be of iron or wood ana II wood, the surface or surfaces thereof snall pc plalned by the person, firm or corporation at whose instance the same may have been erected, or to be erected and when so plained said pests or poles, shall be painted with at least two coats of white lead, or of such color as the common council may designate, which paint shall be renewed at least once each year thereafter Any person or persons. firm or corporation refusing, or neglecting to comply with the provisions of this section shall be guilty of 8 mlsdemeanor and punished accordingly.
 SEC. F. That section 35, article 4, chapter 1, of ordinance 100, be and the same Is hereby amended to read as follows:
 Any person or persons violating, or non complying with any of the provisions Of any ordinance of the city of Ph9nix is guilty of misdemeanor and shall upon conviction, where no other penalty is especially provided, be fined in a sum not to exceed one hundred not paid the person or persons so convicted shall be imprisoned in the city, jail until said fine is paid at the rate of one days imprison- ment for each dollar of said fine.
 
 nance 100, be and the same IS hereby amended to read as follows:
 All rails, laid upon any railroad track or | tracks in the city of Phoenix sha be of iron or seel, and of the pattern commonly known as the 'T'' rail; unless otherwise ordered by the common council of said city. Said rails shall be lad in the best approved manner, the top thereof to be laid flush, or level with the established grade of the stree ts or alleys upon | which said rails may be placed, and when laid shall offer little or no obstruction to the eros sing Of carriages or other vehicles or general use Of said sheets or alleys by the public. Where said tracks or track are crossed by other lines of track, the rails of each shall be altered or cut so as to permit the passage of cars without obstruction.
 The width or guage of all railroad tracks laid within the city of Phoenix shall be not less than four feet eight and one-half inches or whas is commonly known as standard guage, unless otherwise ordered by the common coun- Gil of said city.
 Each track, in case of double track shall be placed as near the other as practice ble for cars going in opposite directions to pass with safety, and the center line of the space be- tween such tracks shall be the center line of the street or alley upon which they are laid.
 No single track shall be laid along the ecu ter line of an- street or alley, but,shall be con | structed with reference to the leaving of space sufficient for another parallel line, as in the case of double track. All single track lines may be constructed with switches and turn outs necessary to the full equipment of the same;
 PROVIDED, however, that no switch or turn out shall be placed at the intersection of any street or alley, or within fifty feet of such intersection; and provided further, that no switch or turnout herein provided for shall be constructed for the purpose or, or allowed to impede or prevent the laying of parellel line of track, and operating and using the same by rival parties when granted the right of way to lay such parallel by authority of said city.
 Upon the completion of the construction of any railroad, track or tracks in the city, or the com mpletion of any repairs thereon, the parties constructing said railroad track, or making said repairs, shall place the streets or alleys upon which said road is constructed or re- paired in as good condition for public travel and use, as said streets or alleys may have been before said construction or repairs were made; and at no time shall any part or portion of any street or alley during said construction or repairs be blockaded, or public travel there on imDeded for greater period of time than ten days.
 All railroad companies, or parties now operating, or who may hereafter operate any railroad, or part thereof within the city of Phoenix, and whose tracks are now laid, or may hereafter be laid in said city, shall keep | the same in thorough repair and the surface or top of the rails of said track flush or level with the grade of all streets and alleys upon which sald rails may be laid, and shall lower or raise said track, at fny time said grade may be altered or changed by authority of the city, l so as to conform with said alteration or change | Of grade when made.
 | All railroad companies. or parties now | operating, or that may hereafter operate any railroad, or part thereof within the limits of the | city of PhHnix, and whose tracks are now | laid, or may hereafter be laid by authority of | said city, shall, when so ordered by the mayor, | or common council of the city grade, pave, macadamize, cement, gravel or otherwise i'm | prove as the case may be, a space upon all streets and alleys in, over and upon which said railroad shall have been heretofore constructed, | or may hereafter be constructed, from the cen. ter of the street CT alley, to point two feet | beyond the outer rail; and when so grac ed, pay | ed, ,macadamlzed, cemented, graveled or other wise improved, seid railroad mpanies or parties aforesaid operltlng said railroad, shali | keep, and maintain s. i'd improvements ill good order and repair free of all charge or expense l to the city.
 | All railroad companies, or parties now oper- | ating the same, or who may hereafter operate any railroad in the city of Phenix, and whose | tracks are now laid, or may hereafter be laid l within said city shall, when ordered by the mayor, or common council of said city, con. struct, m ain tain and keep in good repair, such l culverts ditches, storm drains, and other re- | quired passages for water along, under and l across said tracks as said council may deem I necessary.
 right, at any time and ali times, to take up the | rails, ties and road bed of any railroad now constructed or that may hereafter be con- structed within the limits of the city, when in | the judgment of the council it shall be neces- sary, in the repairing, grading, macadamizing or improvement of any street or alley, or for the laying of water, gas, electric light and sewer mains, or other city improvements.
 Such improvements shall be made by the city without unnecessary delay and at the cities own cost and expense, except as to talk ing up Of said rails, ties and road bed, the cost thereof to be borne by the company, corpora- tion or individual owning said track and road bed: PROVIDED, that if the laying of water, gas, electric light or sewer mains be in the in terest of any private individual, company or corporation, then the costs of the removal of said track, ties and road bed, shall be borne by such individual, company or corporation.
 Any default or refusal on the part of any l person or persons, firm, company, or cOrpOra-