Arizona republican., 1919-05-28
Legal Advertising

eAAS SIlE IHSlU6eTs anu
 WHEREAS, by the terms of said franchise the cost of said paving of its said tracks and the cost of conforming the grade of said track to the estab- ished grade. as aforesaid, is to be paid by said Railway Company, and
 WHEREAS said Railway Company has failed hitherto to comply with it's said obligation to pave it's said tracks on streets paved by the City, and to conform it's track with the established grade, and
 WHEREAS, said Railway Company for the reason, as alleged by it, that it is not financially able to pay the cost of paving said tracks with the same material used in paving by the City because of an increase in the cost of labor and material and the cost of operation and a comparative decrease of revenues derived from the opera tion of it's said railroad, has requested that the City defer taking action look ing to the enforcement of it's right to require the said Railway Company to comply with it's full obligation to pave it's said tracks, as aforesaid, with the same material as used in the pave ment of said streets by the City. BE IT ORDAINED BY THE COM
 MISSION OF THE CITY OF PHOE-
 NIX. AS FOLLOWS:
 Section l. The Phoenix Railway Company of Arizona is hereby granted the full term of two years from the date of the passage and approval of thls ordinance within which it shall be released of it's obligation under it's franchise to pave it's said tracks with the same material as used in the pave l ment of the streets by said City, but said release is granted under the ex- | press provisions that the said Railway Company shall in good faith comply ] with the following terms and condi- | tions:
 1. The said Railway Company shall 1 place it's track on Grand Avenue in condition for operation and complete 1 said work and operate it's cars thereon not later than October 15, 1919.
 ?. Said Railway Company shall bring it's tracks to grade and pave all street intersections including the street intersections on Third Street from Roosevelt Street to McDowell Road with concrete blocks made &C., cording to specifications to be ap. proved by the City Engineer. Said work is to be begun within thirty days from the date of the passage and ap- l proval of this ordinance and be con tinued with reasonable diligence until completed
 5. Said Railway Company shall bring it's tracks to grade and shall cover it's tracks not now paved in paved districts including Third Street from Roosevelt Street to McDoWeI Road with caliche six inches in depth on the out side of rails and four inches
 between rails and shall begin this work within thirty days from the date
 or the passage and approval of this ordinance and complete the same with.
 in six months thereafter
 f. Said Street Railway Company : shall repair it's Washington Stree
 track in paved districts and bring al
 street intersections to grade and pay,
 the same with the same type of con.
 strucdon as that used for the inter.
 sections at Central Avenue and Mon.
 roe Street and shall begin this worl . Wlthln thirty days from the date O
 the passage and approval of this or
 olnance and prosecute the same con tnuously thereafter with reasonabl
 diligence until completed In doini
 sad repair work guard rails are to b,
 used the full width of the intersec tlons Of all streets from Fourth Stree . to Seventh Avenue, both inclusive
 with Washington Street, and Secon
 Avenue with Adams Street.
 D. Said Railway Company shall re par the paving along the tracks a the intersections of First Avenue an
 Jefferson Street and First Avenue an Madison Street within thirty days fror the date of the passage and approva
 of this ordinance
 1. 6. Said Railway Company in in [ event other streets or portions c
 streets not now paved shall hereafte
 be paved by the City during said tw f years within which said Railway Com { pany shall be released from it's flu i obligation to pave as required by ii = franchise, as hereinbefore provided
 shall pave all street intersections O
 all said streets or portions of street
 that may be hereafter improved a : aforesaid, and cover it's tracks betwee , rails and for two feet on the oute sides Of said rails between intersec tons substantially as hereinbefore pro Vided in paved districts where it's sai f track is not now paved and shall con form its tracks with the establishe
 grtde, which said paving and the sai
 work of conforming it's said tracks
 grade shall be done with reasonab , promptness as may be ordered and d : rected by the City Manager.
 f Section 2. The said Phoenix Raj = way Company of Arizona is berah
 granted ten days from and after tt
 passage and approval of this ordinanC Y III which to elect to accept or reiet l. the conditions of Section l, of this O, | | dlnance set forth, and to notify il r City Manager of such election in writ
 ing. In the event said Railway Con ,, pany shall accept said conditions ; r, aforesaid, and shall thereafter in goo 70 talth comply with each and every st said conditions and requirements q said Section l, set forth, then sa = Railway Company shall be reIeas.
 rom it's obligation to pave it's sa
 tracks as required by said franchi
 durlng the said period of two year In the event. however, that said Raj way Company shall not elect to a, U IL cept said conditions within said tim . as herelnbefore provided, or in ca e said Railway Company in the eve
 ~ "iie'ii So eIeCL Sidll lnerea1I r. fan or refuse to comply in any m; U terial respect with any of the tern -' and conditions in said Section l, S
 forth, then the extension of time her ,. in granted shall at once terminate al
 be at an end, and said Railway Con O pany shall at once be obligated r. comply with the provisions of it's fra l. chise and to pave it's said tracks wi IT the same material as used by the Ci 'e, as fully and to the same extent 'O though no extension had been grant N hereunder.
 ID Section 3. In the event said Pho