Arizona republican., 1895-01-01
Ordinance No. 182.

An ordinance authorizing J. c. Dobbins, his | success ITS and assigns, to construct, main tain and operate street railway system upon certain streets in the City of Phoenix, Terri tory of Arizona. The Common Council of Phoenix do ordain as follows: SECTION | That there be and is hereby , granted to J. c. Dobbins and his legal success sors ill interest and assigns, the privilege, au thoritv and right to construct ard main tain a street railway, aud equip, maintain and oper- aIe the same within and through the City of Phoenix, and carry passengers thereon, and charge and collect fares therefor over the fol- lowing descri bed ute, to wit: Commencing at the city limits south on First avenue; thence north on First avenue to the intersection of Jefferson street; thence east along Jefferson street to the intersection Of First street; thence north on First street to the city limits
 SEC. ?. The construction of said line of street railway shall be commenced within ninety days from the passage of this ordinance, and shall be completed and iu operation within eight months 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 shall have been com menced, the cost of which engineering and es- tablishment of grades to be at the cost of the said J. c. Dobbins, his successors or assigns. 3 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 and
 
 the time herein granted for the commence ment of the construction of said road, or the action of any court of law or equity. But in case of any delay from such cause, the time so hereinbefore specified shall be extended and $ be equal to the period of interruption caused by such failure to so establish such grade.
 | Said road shall be completed so that it may be operated by horse power within eight months from the date oi the passage of this ordinance, 4 and finally completed within four additional months thereafter, and put in operation.
 Sec. 3. That said line or system of railway may consist of 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 be laid in the best approved man. 8 ner, and shall be flush or level with the grade of the streets as 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 railways the rails of each shall be altered or cut so to permit the cars of each to pass without obstruction.
 9 Sec 4. Each track of said line or system of ' street r"ilway, in case of double track, shall be placed as near the other shall be practi- cable for cars going in opposite directions to pass, with safety; and in such case the cen tre of the space between said tracks shall be the centre line of the street: and all streets ' whereon single tracks are laid. said single tracks shall be constructed as though the track were to be double track, leaving the space for another line of track to be laid as provided above for double-tra line; and all single tracks may be constructed with switches or turn outs necessary 10 the full equipment of the same; provided that no switch or turnout F shall be placed on any of said streets at any ' point nearer the curb-line of the street than the point where the outer rail of a double track must be placed under this ordinance.
 The said track or tracks shall not be less than three or more than five feet between the rails thereof. That before auy of the street railway 8 tracks be laid, all injury or damage sustained thereby to property sbutting on any of said streets or public place upon which said tracks 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 ot Phoenix. 70 SEC B. Said J. c. Dobbins, 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- 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 travel thereon impeded for 6 greater period than twenty days. And in case any of the streets over which right of way is B now granted. shall be ordered paved, macada- mixed or qraveed by the Common Council, then, and in such event, the said J. c. Dobbins, 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, D macadamized or graveled, by said Common Council; and at the time said having, macada- mixing or grayehng is done under such order, and any refusal so to do by said J. c. Dobbins, his successors or assigns, shall work an imme- diate 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. c. Dob bins, his successors or assigns shall build all Of such crossings 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 s street The same to be or assigns, at the same time. in the same man. m ner and of the same material, as used and desig- mated by the city tor such crossings, and 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.
 SEC 6. The cars to be used upon said street railway shall be of the most improved con- struction and provided with brakes and other 64 necessary appliances to insure safety to the public. and shall be sufficient in number to sc commodate the wants of the public Said cars shall be run at speed Of not to exceed ten miles per hour, and the City of Phoenix hereby reserves the right at sll times to regulate and control the rate of speed at which said cars S4 shall move through tine 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 for each violation thereof
 SEC 7. In the operating of said system oi os street railway, the said J. C. Dobbins, his cessors or assigns. shall have the right to use either electric motive power, cable CT erse power; provided, however, that no nlGive power shall be used upon said street railway which shall interfere with or make hazardous public travel or be in any degree offensive to- O5 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 case electricity is used a motive power said poles to be placed inside oi 65 curb, with outside flush with the inner curb line.
 Said poles to be placed at distance of not to exceed two hundred feet, and to be of wood or iron. and if wood is used. not less