Arizona republican., 1895-01-05
Ordinance No. 1872.

An ordinance authorizing J. &. Dobbins, his
success rs ana assigns, t. construct, main
tain and operate d street "a lway system upon
Certain streets il, the City OF Phoenix, Terri
tory OF Arizona.
The Common Council Of Phoenix do otdain as
follows:
SECTIoN l That there ne and is hereby
granted to ]. C. Dobbins and his legal success
sors III Interest and assigns, the privilege, au-
thorltV and right to construct d d maintain Il
street railway, anu equip, MAINTAIN and uper-
ale the same within and through the City of
fhten1X, and carry passenger. thereon, and
charge and collect fares therefor, over the fol-
lowing dsscr bed r ute, to wit: Commencing
at the >its lil.its s,dth on FIRST avenue; thence
north on First avenue to The intersection of
jefferson street; thence east along LETTERS n
street To the intersection OF First street; thence
MOI tn on First street to tbs city limits
SEC. :. The construction OF said line of street
railway Snail be commenced within ninety
DAYS from the passage of this ordnance, and
shall be completed and il operation within
eight months from the passage hereof Pro-
vided however, that the grade OF sud streets
shall be fixed and established by the City
council before the work OF construction and
building said railroad shall have been COM
menceu, the cost OF which engineering and es-
adjustment OF grades 10 be at the cost of the
said J. G. Dob5ins, his successors or assigns,
and III case OF failure of the City Council to
nix 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
eSra blish said grade, Shall not be included in
the time herein granted for the commence
ment of the construction OF said road, or Nv
the action OF any court OF law or equity. But
in case of any delay from such cause, the time
so hereinbetore specified shall be extended aud
be equal to the period of interruption caused
by such failure to 30 establish such grade.
Said road shall be completed so that it NAV
be operated by horse DoWcr within eight months
from the date of the passage OF this ordinance
and finally completed within four additional
months thereafter, and put in operation.
Sec. 3. That said line or system of railway
may consist of g single or double track, or
both. The rails she'll be of iron or steel, and
of the style or patten known as the ''T'' rail.
They shall he laid IN the best approved man
ner. and shall be fnsh 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 cut so as to
permit the cars OF each to pass without
obstruction.
Sec, 4. Each track of said line or system of
street ilway, IN case OF 8 double track, shall
be placed as near the other as shall be practi-
cable Tor cars going in opposite directions
to pass, with safety; and in such case the cen
tire 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 ;hOugh the track
were to be double track leaving the space for
above for double-tra line; and all single
tracks may be constructed with switches or
turn outs necessary 20 the full equipment Of
the same; provided that no switch or turnout
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
threa or more than five feet between the rails
thereof That before auy of the street railway
tracks be laid, all injury or damage sustained
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 OF Phoenix.
SEC 5. 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-
ton as the same were before said railway was
constructed or repaired and ct 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
greater period than twenty days. And in case
any of the streets over which right of way is
now granted. shall be ordered paved, macada-
mixed or eraveled 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
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,
macadamiZed or graveled, by said Common
Council; and at the time said having, macada-
MIXING or grayeling is done under such order,
and any refusal so to do by said ]. C. Dobbins,
his successors or assigns, shall work an imme
date 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 ]. c. Dob
bins his successors or assigns, shall build all of
such crossings on that part of such streets, for
q distance from the center line of the street to
a point two feet beyond the outer rail of the
track or tracks on said street. The same to be
built by the said ]. G. Dobbins, his successors
or assigns, at the same time. in the same man
ner. and of the same material, ss 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 d. shall operate as forfeiture
OF this fran chlse.
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
necessary appliances to insure safety to the
public, and shall be sufficient in number to &C.
commodate the wants of the public. Said cars
shall be run at a speed OF not to exceed ten
miles per hour, and the City of Fhoen1x hereby
reserves the right at all times to regulate and
control the rate of speed at which said cars
shall move through tie streets of said city; and
in no case shall the maximum rate of speed be
exceeded unQ6r penalty OF not less tnAu nIIy
nor more than five hundred dollars for each
violation thereof
SEC l. In the operating of sail system OF
street railway, the said J. C. Dobbips, his sue
cessors or assigns. shall have the right to use
either electric motive power, cable or horse
power; provided, however, that no motive
power shall be used upon said street railway
which shall interfere with or make hazardous
public travel, or he in any degree offensive to,
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 as
motive power; said poles to be placed inside of
curb, with outside flush with the inner curb
line.
Said poles to be placed at distance OF not to
nycaad t1yo h11Ddred and n he of wood or