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HomeMy WebLinkAboutORD 60ORDINANCE NO. - AN ORDINANCE GRANTING A FRANCHISE TO MM � � �'�� AND ASSIGNS OVER/ CERTAIN STRAVS IN THE CITY OF CALDWELL. BF. IT ORDAINED BY, THE MAYOR AND CITY COUNCIL OF CALDWFJL As FOLLOWS: Sea. I.- grantathe right, privilege and franchise to ma - intain and construct and operate an electric or cable motive./power, single track street railway, togethar with the 3%e0-06sary tracks for curves, switches, side -trables (Zpd turnouts ov.er, along and upon the following streets of this City of Caldwell,',mamely: f i f I j Also along each and every of the above described streets as I the lame maybe hereafter- ex ded %d inelud w.thin the city limi , together with the ight to erect poles and string wires thereon for the purpose of conducting electric Curren p::over and along the streets of the City of Caldwell for the use of said railway in the running of said cars. All trVka are to be laid and maintained on the grade of the street and *ust conform to such grades as may be hereafter established by the City. The center line -of the right -of -way of said Company and the center line between the tracks over the streets shall con - form with the center line of the streets xeept so far as deviation is necessary at curves, switches am6 turnouts when the same shall be placed and located under.the direction and supervision of the Kngineer of said City. w The grantee of this franchise,�� and assigns, are r aired to make and deep in mood relv.ir, with the same material and in the same manner and at the same time,as the rest of the street, the space inside of the tracks and to the distance of two feet outside, of each rail of its track; and whenever and wherever a street �is to be paved the 4 1� grantee must pay for the paving of the same to the extent of the space between rails of its tracks, and two feet on the outside of said rails,, of streets and portions of streets being paved,and the City may pave,,the same in a suitable manner. with stone or with vittified brick, or any other suitable pavement such as is required " -to mate a good pavement suitable for such r I _ ' Also &long each and every of the above described streets as the same may e hereafter � 1 nelad' thin the city lima ,� together with the to erect poles and string wires Yisht thereon for the purpose of conducting electric ourren". over and along the streets of the City of Caldwell for the use of said railway in the running of said cars. All trt�aks are to be laid and maintained on t grade of the street and must conform to such grades as maybe hereafter established by the City. The center line.of the right -of -way of said Company and the center line between the tracks over the streets shall con - form with the center line of the streets except so far as deviation is necessary at curves, switches and turnouts when the same shall be placed and located under the direction and supervision of the Engineer of said City- The grantee of this franchise, 1 and assigns, are r etired to make and :¢eep in good reTrAr, with the same material and in the some manner and at the same time,as the rest of the street, the space inside of the tracks and to the distance of two_.fee:t outside of each rail of its track; and whenever and wherever a street s to be paved the grantee must pay for the paving of the same to the extent of the space between rails of its tracks, and two feet on the outside said rails, of streets and portions of streets being paved,and the City may pave same in a suitable manner stone or with vittifled brick, or any other suitable pavement such as is required - t.o make a good pavement suitable for such 4 1 1 1 ", r i street railway upon any of said streets, or any ;,ortions� ^of l the same, then the said 'grantee, '-�//7 , L 'J�/nLC! /Oiu� �uur� and aseign forfeit lLrrights and franchises over the said streets; and reasonable diligence shall be held to mean that eonstruction shall begin on or die, ore January lot 1906. 1 The franchise hereby granted steal extend to such p-ortions of the streets and avenues herein mentioned as shall be used for suoh street railway prior to January lot 1908 and no more. Sec• S••• Nothing in this Ordinance shall be so give the said grantee, ®�l��¢ " "� or assigns, any rights or privileges, or franchise, except what is necessary for the laying and maintaining of its said tracks on said streets s and of operating, for the above named compensation, street railway cars over the same. The City of Caldwell,'its agents, officers, or any person or persons duly authorized, empowered or licensed by said City so to do, may make any improvements, changes, deemed necessary by the Mayor and City Council of said City, a on said streets, sewering the same or laying gas or water pipes, or conduits for electric wires, or conduits of any kind; but all suoh c hges and improvements shall be made with as little delay and injury to said railway and to the operation of the same as is practicable• so i f t .11 ' street in the opinion of the Mayor and City Council of the city, and shall charge the same to the grantee a - 1. this franchise / i ox assigns, and the &a expense of the same, shall be made,nd shall be a lien upon the said system of railway tracks in said City; and when double tracks are to be laid the said gratee5®"- or assigns shall be to the expense in like manner and under the same conditions with the paving of the same,between the said tracks as well as between the rails of each tra and two feet on the ourside said rails, as in other cases• All tracks shall-be laid upon a good foundation and the surface of the rail shall be even with the surface of the 4A roadway; and the rails shall be of a form and weight suitable for paved streets,of the pavement decided upan.by the City and such as are approved by the Mayor and City Council of the City- No steam power, unless the same be stationary, shall be used for propelling cars on any part or portion of said ' street railway excep temporarily in case of accidental breakage of the slectriio motive machinery; and said machinery, in case of such accident, must be r*red, so as to be used, with due diligence by the said grantee, Y K or assi nt but the gra aforesaid, his eissociates and U and operate u said railways, with f assigns, shall place on n p p m'Raria improvements for the aonvenience, co fort and safety of the ssengers, street- railway care. which dhall be run thereon each and every day_both ways along all streets.. occupied by it and as often as the public convenience., in the opinion of the Mayor and City Council of said City, may require, at a rate of speed snot exceeding twelve miles per hour in ,rte portion of the City wg::in the the fire _3_ limits of the Oity, and under such other reasonable regula- tions as the Mayor and City kouncil of said City may, from time to time, prescribe, and said tracks shall be laid ­ and ' ' said road operated IsO14A to cause no unnecessary impediment to the common and ordinary use of said streets, or to am7 use of said streets to which they may be put by the direction of the Mayor and City Council of said The )(Ilice of a single passage shall not exceed five ve cents for every passenger traveling in any one general direction on said lines of railway-, and where the same car or track does not run r the whole distance desired to be traveled by any passenger, but pther lines of the oars of the said, system do r" the said grantee t_� V at& or assigns, shall issue suitable transfer ticket& and freight may be carried at uniform, agreed and reasonable rates. In case the City shall macadamize, or otherwise grade or improve its road beds on any of its streets where said grantee has laid and is maintaining its railway t a dk, then the said grantee, and as shall, in like manner (as in case of pavement, be..liable - Car and pay for the expe#Ge of such macadamizing, grading and imptoving, and the cost of the same shall be a lion upon the ti tracks of the said:'Company in said City Sea 2. If the said grantee, and assigns, shall not, in such manner-J construct its road nd operate the same as a street any y of the above mentioned streets with reasonable diligence whenever, in the opinion of the Mayor and City Council of said City, the public necessitie require the laying and operating of a -4- I sec. 5•- That in the construction, maintaining and operation of the scree railways the said grantee, G and assigns, shall, at all times, conform to such reasonable,, ordinances, rules and regulations, as may have been, or may hereafter be adopted by the Mayor and City Council of said City relative to constructing,and operating street railroads in said City, and for the violation thereof shall be liable in a fine not exceeding One Hundred ($100) Dollars for each offence and for each day so offending. Sec. 6.- The City of Caldwell shall in no way be liable .for any accident, damage, loss or injury that may occur in the con- struction or operation of the said railways or by reason of the default, or negligence, or misconduct of the aai grantee uJ�r "assigns, or of ihiV employees, officers, or agents; and the acceptance of this grant and hire shall be deemed and become an agreement on the part of said grantee • d assigns, to save the City harmless from and against all liability, loss, costs, expense, trouble and damage of every nature arising out of any default, ;ftegligenoe, misconduct, misfortune, oft in any manner, by reason of any d fagal , negligence, or misconduct of the sai gra:�tee, �s associates or r:sgi�s, or At►s agents, or employees, or which may accrue by of any accident injur or damage, which may occur in, or by reason of the construction, maintaining or operation of the said railways. And the grantee, and assigns iv�to indemnify and pay and make good to $aid City for any loss, costs, damages, expense or trouble of any kind it may sustain or receive by rea$ontof any such default, ^ f' i accident, negligence, misconduct or 'i ury on account of which- any judgment shall have been recovered said City, and the f recovery of such judgment shall be final a$ between the said City and the said grantee, associates and assigns, and conclusive as to the liability of the latter to the former, PROVIDED, the said grantee „6 7irzC/C ���ti or t assigns, 4we, 4me due notice of the pen eney the suit in which said judgment is recovered and 1e+w ^ been given an opportunity to defend the same,. see. 7.- Said grantee . �N� /� /l� and assigns, I may use such other motive power for its cars, and such othe improvements as may, through new invent " iBcoveries, come into genoral use in other cities for such purposeea Sec. g... Thisgrant shall extend and continue for a period of fr om I See. 9. This Ordinance may be accepted in writing by the said gr antes, . or it shall be.deeme8 a d ,_ at the option of c a te the City, if the said grantee, �. succ or assigns, avail themselves of any of the rights, privileges or franchises herein granted. Sec. 10.- This Ordinance shall be in force and take effect from and after its paasage and approval. -7- z3- .' Passed the Cit.V COuncil'this any of Approved by the Mayor this day of Approved,_ ayor. Attest; City Clerk.