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HomeMy WebLinkAboutORD 7523 ,O,X 0 NAVC B, GROV114 A 1i CH IS V TO Mj R BO IS H, 4 1.3,TF-WRBAS PM IL- way O(YAP'llix, LIMITEM, -,ATV N TETF 0 17, OF CALMY111i: B1 IT 0iMAIRED BY _1AYOR AND CITY 'COURM OF CALMVEM, AS: PO L LW S SF04 I:- That the -a�%lid Boise & XuteMztau RA11W&7 O*Mpan3r, Limi- ted, and asai ins ,, are !-, grvtnted the right, prlvlle,3e and franahise to maintain and oonstra and operate an electr1a or cable motive power, single track street r4 :Easy, together with .t neoessark tracks for curves, switches, aid- sad tumouts over, along and upon the fol- louing streets of the ',71ty of Caldwell, nwely:_ -Main $treat from 1s1.rsV Avenue 1 3'est to Pifth Avenue ?;'set Fourth Avenue Tie2t from in Street to Second Street North: Pifth Avenue West, from Main Street to Second ltre6t North: Along each and evory'of the above dome rib4d, st reet s; the me= may be hereafter extendad and ImUded within the City Limita, tog vdth the right to erect poles and string wftev thereon 'for the purposes p §treats, of the. City of Caldwell for giv use of said rallway in the running, of the said cars. All, traeks are to be, laid and maintained on tbA grade of the and. muz ' inform to such ,:;Fades as za be hereaft6f astablijhod by tip city oenter lino o\_` the right off' way of ,_. aftter line bet rt the traoid� over the str6ets shall col4orm Tli the center line of the ..:treets ao for as Oviation 1B nebQeaary at curves, 2 ' s�itohes d turn When t`b.e same qh . be plaead anal., heated under the dAreoti and ee.parrision o, the Ba neer c Id Cf ty, m The grantee of this franchise, The Boise & intexueban Railway Com- pany, Limited, and assigns, ire required to keep in good repair, with the same material and in the same manner and at the same time as the rest of the a treats, the space inside the tracks and to the distance of two feet outside o f each r ai 1 of its truck; and whenever and Wherever a street is to be paved the .grantee must may for the paving of the same to the extent of the space between the rails of its tracks and two feet on the outside of said rails, of streets and portions r 'of streets being paved and the City may pave tine same in : a suitable maiiher with stone, or with vitrified brick:, or any other suitable pavement for such street, in the opt f the UVor and City Council of tie City, and shall charge the same to the grantee of this franohiae, The Boise & Interurban Rail - way Corny, Limited, or assigns, and the expense of th sa shall be made, and shall be a lien upon the said system of railway tracks in said City; and when double tracks are to be ].aid, the said grantee, The Bo .e & Intexurbaxa Railway Company, Limited, or its assigns, shall be to the expense in like manner and under the same coLditlons with the paving of the same between the rails of each track and two feet on the outside of said rails, as in other .cases. All, tracks racks shall be laid upon ra good. foundation and the surface of the rails shall be even with the surf&oe of the roadway; and the rails shall be of fQrni and weight suit- able for paved streets of the pavement decided upon by the City, and such as are approved by the Mayor and City Counoil of the City. Jo steam power, unless this same be stationary, shah be used for propelling oars on any part or portion of said street railway except temporarily in case of accidental breakage of the electric motive ma.- obinex7; and said mohinex7 in case o f suc accident, must be re- paired so as to be used, 'with due diligence by the said grantee, the Boise & Interurban *jailway Company, limited., assifps; but the grantee aforesaid, The . Boise P4 Interurban i l C(ppany Li I mite&, or Its assigae, e l w ll place and operate up= Said railways w ith modern improvements for the convenience, comfort and,safOtY Of the p street railway oars which shall be �un thereon each and every dAW, both ways along all streets occupied by it and as often as the public convenience, ln'thO opinion of the Ylayor and City Coun- oil of said 01ty,may roqulreA a t a e rat of speed not exceeding twelve relies per hour in any portion of( th 0 itr within the thew fire lim- it o f the city, and wader suo4 other reas onable regulation$ as the 'Mayor end City 00=011 of said City may, from time to tIV46, -proscribe, and said tracks shall be laid sad. said road operated 4 as to ca no U=eoeasary j4pediment to the I e and, ordinary UsG said streets, or to any use or said streets to v&30h they may be put b y the directions of the ZVor and City 00unOil 0 9 sa Cit y' , , , he price of a single fare shall not exceed fi (6) cents for every passenger traveling in Lmy one Vneral direction on said lines of rd lway Uni vtore the Samc oar or tra doers not run the whole distance: desired to be traveled by any paesen,;ex, but other lines of the oars of the said zygtm do mn, the said grantee, the Boise & jnt0r;W0= co;up=;r, Limited,, Or a shall i ssue suitable transfer UGXOG, and freight W be carried at a uniform. agreed and reasonable rate. In case the Cit s h a ll macadamize or otherijise grade or iym- On any Of Its ztreets--wh6re sula grantee has laid prove Its roadbeds and I intainin its rallyjayl track, then the said (7t%ntee, The L mag hall, In Boise e� Interarbem RailvdsY COMP=Y, Limited, or aeal fPs a like manner as in the ease of pavement, be lieb le for and 'pay for the expense of such macadamizing, grading and improving, and the cost of the same shall he a lie upon the tracks of said Company in said Qity^ . _. SEC. 2:-- If the said Grantee, The Boise ,& Interurban Rail- way Company, Limited, or its assigns, shall not, in such manner, con - struot its road and operate the same as a street railway on.any of the above mentioned ( streets with reasonable diligence whenever, in the opinion of the Mayor and City Council of said City the public neoes- sities require the laying and operating of a street railway upon any of said streets, or my portion of the same, then the said grantee, The .Boise & Interurban Railway Company, Limited, an& assigns, shall forfeit their rights and franchises over the said streets; Reason- able diligence shall be held to mean that oonetraction shall begin on rVrt , or before lath, 1906. The franchise hereby granted shall ex- tend to such portions t of the streets and .avenues herein mentioned as shall be used for such street railway prior to January lst, 1908, and no move. SEC. 3:-- Nothing in this Ordinance shall be construed as to give said Grantee, The noise & Interurban Railway Company, limi- ted, or assigns, any rights or privileges, or franchise, ezpept what is neoe.ssa:y for laying and. maintaining its tracks on said streets and of operating, for the above named compensation, street railway cars over the same. SEC: d: -- The City of Caldwell, its agents, officers, or any person or persona dully authorized, empowerecl or licensed by said City so to do, may make any improvements, or changes deemed necessary by the Mayor and City Council of said City, on said streets, severing the same or laying gas or water pipes, or conduits for electric wires, or b OOn&U :ts o f any kind; but all such OhaU906 or improvements $hall be made eaith as little delay and inJUTY to said v%il ay Ond to the operation of the same as is preatioable . SEC . 6: -_ That in the 00n t'rraot -:or:, M i:ntainin and OPeM Lion of they staret railways t Grantee, The Boise &. Interurban w _ lIw ay Company, Ttimtted o and assigns, 17 , t P-1 1: times* c nPaar:$ to such real le £ rdin=080 rulers en TOSU14tiOnG as MW have been, or may hereafter be adopted by the -gar end MY. too =oil Of the said City relatives to constructing and operating street railroads In a sil City, and for the violaaticon thereof shell be liable in a dine not ex*00&ing one Hundred (^ 100) Dollars for each offense cad f o r each i W s eo Oi fOudi - 0. 6 : -- for any e z�uoti x W&FA V . . "__ - _­ _ ­ .� , w - or negligeaae or miseondwt of the said ,grantee-, The Boise 8 Interur- ban Railway Company, XiiM'ted., or its asedgas, err ea°op Off rs ' or agents: and the acceptenaes of this gr t or franeshiee sball be deemed and b000me an agreement on the pant of the said Grantee, The Boise Interurban g Company, Limited, and VA assigas, to save the City harmless from and ag ainst all liability, '10 80, poste, expense, trouble and damages of every nature &riesing out of any de- fault, negligenee, mi, %conduot, misfortune, or in any ma nner, by rea- son of any default, negligence or i4isoonduot of the said GTanteoe, its s,soi. s, °; or agents,, or omP1OYcses or arhiQ&a r��* ecstwaaue by r�€�rn T he City of Caldwell s h a ll in no vray be liable damage, lose or iu,iuV tiamt ffiay oeour in the oOn- o f any so olddn or in ury or " a of, the construction, Mintuining; or operation or the said railw s- d .d the Grantee, The Boise & Intexu rban a ai lwa9 Company, TAmiyed , and, assigns are to indemnify and p aad� make good to the said City for any loss, oast, damage, expense or trouble of any kind it may sustain. fr or receive by reaso4 of any such default, accident, negligence, mis- conduct or injury on account of which any judgement shall have been recovered against said City, and the recovery of Bach judgement shell be i'inr:� as betioen the s €sid. City and tbo said Grante6, its asst. a, and conclusive as to the liability of the latter to the former: PRO - VIDED, the said Grantee, The Boise ep Interurban 'Railway Company, Limi- ted, and its assigns, have due notice of the pendancy of the suit in bvhioh said judgement is recovered and have been 1;1.vm sn opportunity to defend the same. 7: -- Said Grantee, The Boise & Interurban Rallwa.y Com- pany :Limited, and ite. assims, may use such other motive power for its ears, and such other improvements as may, through r.ew inventions or discoveries, come into general use in other cities for such pur- poses. { of fifty yekir s . w 3EC. 9': - -Th&s orcUnance may be accepted in writing by the said Grantee. or it shall be deemed accepted, at the option of the 0.1 ty, 1 P tb e s ai d Gras r to g, 1 is SU 000 SSOe or a sst SnS a"1Z t.hOmsel rr ®S > oP en7 of the rights, privileges or .franchises herein granted. SEX. ZO: -- This Ordinance shall be in force and tie effect a from and after its passage and approval. Passed the City Co this day of C' 1906: .Approved by the Hayor this /7 day of 1906: Approved: r Atte mayor Ci Clerk.