Arizona republican., 1916-03-22


 westerly to said Jackson Street;
 SUBJECT, HOWEVER, to the con- ditions. limitations and restrictions in | this ordinance hereinafter set out.
 Section 2 That said railroad shall not occupy more of the space of said | streets, alleys and public grounds l than shall be necessary for the prop | CT, safe and convenient operation thereof
 That the grade of such railroad shall conform to the grade of said streets, alleys and public grounds, as the same shall have been or may be officially established by the City. That wherever within the limits of the City any of the tracks of the said railroad shall be laid and con- structed in and upon any street, alley or public grounds, the space between the rails thereof and for a distance of two feet on the outside of each rail shall be evenly filled and packed to a plain level with the tops of the rails, such filling to be of the same ma terial as shall abut the sidelines of such filling, and whenever special paving shall be constructed such said l space shall be of like or better ma l terial and subject to the approval of | the Commission of the City of Phoe- nix all at the expense If the said railroad to be constructed, kept and maintained.
 1 That the rails, ties and other ma terials used in the construction. maintainance and operation of said railroad shall be so placed, laid and operated as to occasion the least pos | sible obstruction to the free use of any streets alleys or public grounds upon which such tracks shall be placed, by traffic other than that of 1 said railroad, and consistent with the practical operation thereof
 Section 3. That the said railroad | company, in the construction, main tenance and operation of it's said rail- road in and through said city and upon along and across said streets, alleys and public grounds, shall not interfere with present existing rights of any railroad now in said city and shall al all times he subject to the laws, rules. regulations and charges as now are or may be provided by. or promulgated under and by virtue of. the statutes and laws of the State of Arizona, the charter of the City of Phoenix, the ordinances of the City of Phoenix. and all lawful orders and directions of the Commission of the City of Phoenix under this or any other ordinance.
 Section 1. That in event the said I itrn assigns shall not construct and have in operation it's line of said railroad for the entire distance thereof from | within the City of Tucson to and within the City of Phoenix within twenty four (24 months from the date of the taking effect of this or
 dinance, then this ordinance shall he deemed to be and taken as repealed by limitation and all rights, grants privileges and franchises herein and , hereby granted shall immediately cease and thereafter be of no force
 effect or avail. PROVIDED. HOW EVER. that for any period or periods of time that the said company. dur ing the said twenty four months peri cd or any continuation of the same | . of this ordinance, may be delayed by litigation. strikes, or other such un- av0idable causes in the construction and completion of it's said railroad
 herein required to be constructed . within said twenty -four months per
 iod, the said time hereinbefore speci- fled fer the completion and operation thereof shall be and hereby is extend :
 ed for a like period or periods
 Section ,. That the issuing of
 stock for or on account of any rights, privileges or franchises by this ordinance permitted or granted bS
 said Tucson. Phoenix and Tidewater
 Railroad Company. it's successors ol
 assigns, or by any person. persons or
 corporation holding or doing any busi-
 ness under or by virtue of the pro- visions of this ordinance shall be ant :. hereby is prohibited
 Section 6. That any violation o , l the provisions of Section , of this :, ordinance shall immediately thereupor
 forfeit all rights. privileges and fran < chses under and by virtue of Uni:
 ordinance granted.
 Section :. That the records an(
 books of the said railroad company r, its successors, assigns. and all per :, sons and corporations holding or do
 ing business under or by virtue of tn,
 provisions of, or any rights, privilege. ! or franchises granted by. this ordi v nance. shall at all times be open an,
 subject to inspection and investiga [, ticn by the City Auditor under tn r, direction of the Commission of tn e City of Phoenix for the purpose O q ascertainment of whether Section z, of this ordinance shall have been Q e is being violated. and any refusal t.
 permit such inspection or investiga p ton shall be and hereby is mad [, prima facia evidence that said Sec
 ton ] has been and is being violated e Section 8. That the Commission 0 [, the City of Phoenix shall be and
 hereby is, given and granted flu n power and authority to at any time n when in it's judgment there be caus n to believe said Section 5 has been O n is being violated. proceed to a hear ., ing or hearings thereon, and at sue
 hearings to require the presence q . persons as witnesses. and the pro
 ducuon of the books and records c NJ whatsoever nature of the said railroa l, and any and all other persons an n corporations holding or doing an
 business under or by virtue of tn
 provisions of this ordinance, and f
 determine whether any such vioatio