HomeMy WebLinkAboutOrdinance 289 OaD:11 "0113 :; 1!( ;
Street Railv.ay and tilectric Power dant Ordinance , Title—pi'J 0?tU%A'?:P10F, CTRA 1,71.T.iG
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iia IT 01'i;)6L '.0 iI.- TiIS J1J'iJl,'j O}' 1:. . -11iY k:1' J, . i":;TT..V= bIR::
:pec . 1 . That authority and consent is hereby riven emd _ranted to and duly
vested in l , . x. Fraser of Dallas , Texas , and a.ssocictes , their successor, , heirs ,
and assii;.ns to construct, koep , Maintain, use , ;:nd operate a street railv: ay or
rat —Irs , in , on, and alonr such streets in skid City, as :.guy be said Jouncil be,
hereafter determined, so as to reach the points and terminals hereinafter mentioned
with all necessary and convenient tracks for sane and for turn outs , cross overs ,
and switches and to use the same and to operate thereon cars , coaches , carrinres ,
and other vehicles during, the time herein specified and mentioned unci in the
+canner and unon the conditions herein set fortis anion;-. which cease: - said line must
connect and be operated over Lho most practiable route or routes between the State
University property, rai.(road operated over the most practiable route or routes
between the ' tate University property, railrw..d depot within said City, the Public
Square and : :ast Eountain.
Sec . 2 . ;aid .rantees, their successors , heirs , or assigns in constructinE
said railvray shall cause all iLs rails to be laid in such manner as to least
obstruct the passaCe over the same of vehicles and shall conform to the rrado of
the streets occupied as established at the tike of laying the some, or as the
trade of such streets shall from time to time be established by or ordered and
in case of gradinr or navinf any of the streets over which tho lines of said rail-
way shall run, or it shall be necessary to relay said rails the same shall be done
at the expense of said Grantees , their successors , heirs , or assigns , and on all
streets or parts of streets which are not graded over rhi.ch said railvra lines
shall runs said grantees , their successors , heirs, or assiCns shall have ti:e ri _. ht
to grade for construction only; such radi.n to be in accordsnce with the
established J;rade of such street or streets ,
Sec . 3. The surface of the street or stz:.ets over which the lines of said
raili:ay shall pass lyint- v>ithi.n and for a distance of twelve inches outside its
rails and tracks shall be by said granioes, their successors, heirs , or assigns ,
kept in rood order and repair and the r;;il.s of said track shall not -be over three-
quarbjrs of an inch above the surface of the street and n,here. tine tracks are lad
on either side of the street, s , id track shall be laid on a level witl: the trade
off the street ; said tra.:ks shill be laid in sash parts of the streetsas the
Council of the City shall deter:;u.ne and it is hereby Wade encu:nbort unon the
Council of srid Jity to deten:fine the location of such track idthin ten drys after
receivin; noi;i co in v7ritin� from the enrfnear of s;:id grantees , or any officer
thereoi', their successors , heirs , or assi -ns so to do, an-: in case the louncil Of
saidJity s:: ah '; it or refuse to deter.,tine the location or such track within such
)eriod of ten days , then the sz-id < rantees their successors in its
s ., , or assif-
Wey locate rnd lay such tracks in such loation as they may cleterai_ne or select ;
provided, thct v<it:in ten ,!tVs after the location of srid railway line or any
MICROFILMED
DATE4 e
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(Ax1Lnance ray , uonht .
extension thereof, roti es much as one block in length, or tiny change in tho' location
thereof, ti;e said grantees , their successors , he:i. rc , or pssirns shall file or cause
to be filed in Lie office of the Cle .rdc of said City a correct inan and orofile theraof .
Section 4 . The Jonncil shcM have the ri,Iit to order said ;;rantee.9 , their
succeFssors , h(Ar:3 , or aeziLms to iaa.ke puch necessary repairs between their tracks
and for a distance of twelve inches on the outside thereof cis it may be necessar^j
and proper and .11: said grantees their successors , heirs. or assigns do not make
such refairs v,itbin thirty days after due notice so to do , the Council may cause
such repairs to be made snl cihart;e t.`ie reason; ble exoense thereof to the said
grantees , their successors , heirs , or assiLns , and hold said rvanteas , :kkkms their
succe • sors , heirs , or assigns liable tncrefor, and all such ren«irs ;Wade under order
of such Council shall be haade under its direction and to its satisfaction.
Section 5 . ':,henever said Council shall order the v.ilole or any :part i.ncludinpr
as much as one block off and on the streets over which the tracks of said railv1,)y
may _lass , :>aved, the sail €rantees , their successors , heirs , or asci: nr, Shall ^ave
between and for a distan .e of twelve inches outside the rails and tracks thereof in
such manner and within such tine as nay be ordered by the Council of the City of
Fayetteville , but said rantees , their successors , heirs , or asci ; ns shell not be
required to pave in a different manner with a different nateri.al than the reoainder
of such block or street is re(fuired to be paved , nor in such manner or with such
material as will unreasonably interfere of geLtinl. free access to or the maldn of
the repairs for cross ties , rails , ground wires , or other properties of said grentee• 9
their successors, heirs , or assiLns , which may lie l.i thin them and upon the streets
of said City.
Section 6. If it shall become necessary to relay or replace the rails or any
. othor property of said i•rantee , their successors , hoirs , or asa;irns within or upon
the streets of said Jity, same shall be relaid or replaced in such mr.nner as shall
least interfere Ath p;:blie trr_vel on said street or streets and the grantees , their
heirs , successors, or assitrs , :hall relay or replace the same a.t their oven ex•+ense
and shall remove all dirt and filtl from such parts of the street or streets as may
be occupied by the tracks of said rUlvoay as: occasion nay require .
Section Y . Tile said grantee , their successors , heirs , or assigns shall have
the ri; ht to use ti
o trolley systezi of electricity or storage battery or compressed
ate or steem or other r.,otive . power anti r:lay electricly heat, li�iht, and comilunicate
with their oris offices , buildAn{ s and cars and such .other bLildinrs, streets , as
they may from tiiae to time determine so to do , and may erect and ,aadntain poles ,
vrires , and other aaparatus as zaay be necessrry and suitable therefor and if deemed
necessary by them, their successors , heirs, or .1ssj. r7js Jiv and maintain electric
ducts and conduits for the carryin, of such vdres and a r3irr•atus as may be necesr:.;r-,y,
all Poco privile ,^ps i. nd poles alon,.' sail streets azr.;d thoroughfares shell co:aply
with tae re:uir•encnts of any ordinance nova or r: hi.ch hereina.rtor ha.-y bo enacted, not
inconsistent with the ter:;hs of tris frarlc:>_i. se c,n(.1 ordinance
for the necessary re( Ula.tion of the s .;i::e on c:uch pubij.i; tlor(,u: 'hfal-e .
Section 0 . The cars or otiler vehicles o. :er•a: ted or controlled by the said
grantees , their successors, heirs , or asci ns shall at all ti.:;hes be entitl ,d to an
uninterrupted ri ,_ht of uny over their track of (mid porsons and veilicl.es
u,)on sai : tracks shall Bass over and away frac si ::;e as quickly as nossi.i,le and
leave the si:me unobstructed .
Un7,i.na,2ae 269, Cont .
SEwLion 9 . Said City of Yavettevi.11e expressly reserves the rif- It and .)or,e»
u its Council to :nr.ke such reasonable rules and re)_ulations f ovorninf the onez.2-
tion o£ cars upon said raili:ey track bnd ref;ul« tion of passenf-er and other
traffic: thereon not inconsistent v:i. th the terms of this franchise and ordinance
as said "onncil may deem necessary for the protection of persons and P.ro �er'ty
;: nd as the conveni " 'Geri Of tae ')ubli.c and the interest anal rif-lits of the prantec'e.,
and their succcsc=ors and assi; ns :nay de!»rLnd .
Section 10. The said � rantees : their suc::os sora , heirs , or assume, shall
have Lhe ri;;ht durinf- the continuance of this franchise to fix and collect their
cares for the transportation of passenf-vers , but the City of Fayetteville ex:me , sly
reserves the right and pov,er by its ,ouncil to fix reasonablo repul.ations concern-
in[.- transportation, children under six years of a;_c-) , Vollen accou;aanied by a
passen_ er who pays full £are , pol. icenen, firemen and United States :'ail Carriers
in uniform, shall be carried free ; provided , however, thft such rates of fare may
not be by said Council fixed below five cents for full fare for one continuous
?assape within the limits Of' said City, not below three cents for a. half fare for
school children usi.nf seine raithin reasonable h,;urs .
Section 11 . If any person shall ref'usr3 to pay his fare or refuse to obey
such regulations as may be established .for the convenience or safety of paseenf*ers
it shall be lavrful for the person in charge of any car to remove the person so
refusinf; from the car, or in case it shall become reasona?:ly necessary to orotect
the passengers on any car from violence , suasive , profane , or indecent lanfuaf_-e
or other disorderly conduct of any passenfer� a conductor or other person or ;persons
in charge of such car is hereb authorized and empowered . to force be removing such
person from the car and if' considered necessary to hold, arrest, and deliver such
person or persons into til: custody of some proper officer for arrest, detention,
or prosecution and for the purposes above mentioned such conductor and persons in
charge of any car or cars may be created special policemen of the City of
Fayetteville .
Section 12 . Said grantees , their successors or assif_ns are hereby authorized
and may make any reasonable extensions of their lines of railway and electric lines
within the limits of Yayetteville as the Jounci.l may authorize and over all streets
or )arts of streets e.hore file tracks of the said grantees, their successors
or assims may be authorized hereunderor by any extension or la , heirs ,odificetion hereof
asked for by said grantees , their successors, heirs , or assiC.ns , and accented to or
authorized by the "ouncil of said City of yayetteville and the rifht of the said
grantees , thier successors , heirs , or assiEns to use said streets or parts of
streets for rinilv: .;y purnoses shall be exclusive against other railway commanies
only.
Section 13 . The ,3oviers and privileges conferred by the provisions of this
Ordinance and Franchise shall he limited to fifty Years frori and tfter its passare .
Section lh . Said railway shall be substantially completed tend built
and sufficient :rateriof food
al to make it a : pod a .nci substantial road and to begin con-
struction on or before Januery 1, 1913, `after the ado.3tion of this Ordinance ; and
the SEid grantees , their successors, heirs , or assigns shall co.:aplete tite section
of line between the hast :.:ountai.n.1 ;;quare; , Depot , and University pro )crty vrithim
one year' from date of camnencin,. construction.
Section 15 . This Ordinance and grant shall take imuediate effect frau and
Ordinance 289 , .'.ont
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