An Ordinance Relative To Street Railways

, o n d Aldennfii o ' íhr Cfy of Ann Arbor: Bectiob 1. Tlint the eousent, permisslon and autuorlty of the City o) Alm Arbor is hereby glven to the Anu Arbor Street Railway Company, :i Corporation legallv oigan ized nudor and by authority of ibe lawe State of Michigan, to coostruct, own, and maintaiu Street passenger rallways witli single track, wlth nll ueceseary tracks lor tnrnouts, side tracks, switches and turntables. and to nm cars thereou lor llie Hans portation of passengers and thelr baggage and packages, through, along. and upou the streets. avenues and hlghways of ihe sald City of Aun Arbor herelual'ter menttoned. and the same to keep, maintaln and use, and to opérate theron street rallway cars and carriage8 during all the time hereinatter speelfled and limlted in the manner and upon the condltlonssct forth In thls ordlnance. Skc. 2. The streets. avenues and hlghways upon which sald railways are to be coustructed and operated are as follows: Commonclng at the south end of the Michigan Central Rallroad bridge on Detroit street; tbence south on Detroit street to Cafierlne Street; thence west on Cathertne street to Main s'reet; thence eouth on Main street to Williain street: thence east on William street to División street: thence south on División street to Vadisou street; thence east on Madison street to State street ; thence south ou on State street to Monroe street ; thence east on Monroe street to East University avenue; thence south on East University avenue to HUI street; thence east on Hill street to Washtenaw avenue. Also eomraeucing on ilaln street; thence west on William street to the Toledo, Aun Arbor, and Northern Michigan Railway Depot. Also commeneing at the intersectlon !of Washtenaw avenue and Hill street; thence northwest on Washteuaw avenue to Nonh University avenue; thence west ou Norüi University avenue to State street. And from Madison street nort.h on State street to the Michigan Central Depot. Also coiniiüeiicing at the intersectlon of Huron and State street; thence west on Huron street to the west boundary of tue city. All of said rftilroad shall be completed in 1889, excepting that. part on Huron sireet west of Malo street, which shall be completed In ÏS'JO. Sec. 3. The said company is by the provlslons of this ordluance exclusively autliorIzed to construct, own, keep, use and opérale street railwajs upon lts tracks in the streets and avenues as hereln provlded; in, througb, upon, over aud along the streets. avenues, and places In the precedingsectlon named and designated, and in, through, upon, over and along such other streets, avenues and places In sald city of Ann Arbor, as may irorn time to time be flxed aud determined by the Common Council of the city of Ann Arbor and assented to In writing by said corporatlon, the Ann Arbor Street Railway Company: Protided, however, Tbat if such assent benotgiven in wrltlng wtthinthirty days after the passage of the ordlnance or resolution orderlng the construction and operatlon ofanew route or routes, or if the said corporalioo, the Anu Arbor Street Rallway Company, shall not construct and opérate Buch new route or routes within such reasonable tlme as the city council shall requlre after such assent in writing, then the said city council may glve the privilege to any other person, persons, company or tlon to construct and opérate such new route or routes, and In whlch evenl the right is horebv reserved to suoli persou or persons, company or corporatlon to cross the street and tracks of the sald Ann ArborStreetRailway at the intersectlon of streets, and to run parallel Unes on same streets not to exceed three blocks on any one street whenever necessary in the construction of such uew route or routes. Such crosslngs and parallel Unes to beconstructed wlth as little injury, ilamage and annoyance to eaid Ann Arbor Street Rallway Company as possible. The said Ann Arbor Street Railway Company's cars to have the flrst right of passage at such crossings, but to not unreasonably delay or incommode such other person. persons, company or corporalion In the reasonable exercise of thelr rights of passage or crossing thereon. Sec. 4. The tracks of all rallways constructed nnder thisordinaneeshall be laid on said streets in conformity with the direction of the city councíl, ana its civil engineer, and on such location aloug said street as the said city council shall by its own act, or turough theír said engineer, prescribe. Before comraeneing to lay aid track, said Railway Compauy shall notify said city council thereof. But if said common council shall fail or refuse to lócate said railway ín any of the streets. avenues and hisrhways hereinbe fore deecribed, for 30 days alter thewritten request by said company filed with Recorder of said city, then said location of suid railway shall be laid in tbe center thereof. Sec. 5. The guage of the track shall be4 feetSJiinches, and the said city council shall have tne general supervisión and control of the construct ion of th tracks of said railroad. Said Railroad Company shall place no impedimento to the ordiuary use of the streets and avenues traversed by said tracks and place no obstructions to the free flow of water across or along the gutters in said streets and avenues and for such purposes sald company shall construct bridges, culverts and passageways for water in such manner as to best accomplish the purposes aforesatd. Sec. 6 The tracks of sald railway and the rails laid thereon shall be constructed of the best materia! in use, and such rails shall be appruved of by the common council before the same hall be laid in said streets, and the same slull be laid in such manner a shall least obstruct the free passage of vehlcle or carriages over the same, and shall be laid to conform as near as possible to the established grades of said streets, or as they shall from time to time be estabiislied or altered, and in case of gradingor paving If it be necessary to re-lay sald rails to conform to the new grade or paving, the same shall be done at the expense of said company. Sk .7. The cars to be used on said railway shail be drawn by animáis or eleetriuity only, and at a speed not exceeiiing the rate ofeix miles an hour,and shall be run as often the city counol shall prescribe: Provided, That cars shall not be requlred to run oftener thau every flfteen minutes between the hours of 6 a. m. and 8. p m dally, or oflener than every thirty minutes between the hours of 8 p. m. and 12 p. in. ilaily. Tne cara in useupon sald railway shall be run for uo other purpose than lo transport pa-ssengers and their bairKage, and the cars and carriages for that purpose shall be of the beststyle in use on such rallwavs. and be properly warmed la eold weatlier by a modern beallng apparatus: Provided, That other cars may be used for cleanlug and repairlng said railway. After sunset. all cars while running, shall be provided wltl) suitable signal lights in botli front and rear of cars. Sec. 8 The rate of fare for eaeh passenger shall not excee l flve cents for the eatire length of wliole line of road or any part thereof. Provided no oue passenger shall rlde over the same track twice without paj'ing an addltional fare; and for the carriage of paekages and baggage of passengers such addltional snm may be charged a may be justly proportionate to sald priee herein allowed for earrlage of passengers themselves. except that ordlnary hand aatchelR and hand packagee Dot exceeding twenty-flve pounda in wefghl siiaü be carried for passeugers free ol charge. Sec. No car shall be allowed to stop upon a crosewalk nor In front oí aoy lnteneotlag street, anless frora anavoldablenecessity.and no car shan be allowed to rernaln standing upon the line of sald route for passengers or for any purpose so as to unreasonably ïnipede the passing of other vehicles, and when Ilia driveror conductor of any car is required to stop at the intersectlon of streets to receive or leave passengers, the car shall be stopped so as to leave the rear platfurm slighlly over the crossing beyond the street crossed. Carsdriven in the same direction shall not approach nearer eacn other than fifty feet unlesslrom unavoldanle necesslty. Sec. 10. Said grantees, or their successois or assigns, are authorized to use on tlieir oars the patent cash box (so cal led) for the reception of fares, and in case of the using of sald patent cash boxes as aforesaid, on any of their cars, to dispense with the employment of a conductor other than the drlver ou tliecars npon which said patent cash boxes are used: Provided, That upon public occasions wheu the cars are crowded with passengers a conductor shall be provided for each car. Sec. 11. The grantees, or their successors orasslgns, shall employ oareful, sober aud prudent agente, conductora and drivers lo take charge of their cars whlle on the road, and lt shall be the duty of all eucb. ageuts, conductors and drivers to keep vlgtlant . watch for all teams, carriages, venidles or persons on foot,andespeclally chlldren, either upon the track or movlng towards it. At the flrst appearance of danger to such team, carriage, vehicle, footman or childreu. or other obstructlon, the car shall be stopped In the shortest time and space posslble, and the said company shall be Hable for, and hold said city of Ann Arbor forever harmless trom any and all damages which may occur to persons or property by reason of construction, use or management of said street railway. Drivers or conductors shall not allow ladies or children to enter or leave the cars while In motion. Sec. 12. Any wilful viokitlon of, or failure to comply with the provisions of thls ordinance, oy said Rallway Company, or by any agent, conductor, driver, or any person in the eniploy of anta conipany. shall bn pan by a fine not 10 exeeed rtfry dollars ;:r il icis;-: and In the Imposltion ofany such ñneao' leconri luay raake aturtbei senieuoe f ar the offVnder be ooiumitted to the County Jil or to the Detroit House o! Correcllon. utiiü the payrnent thereof, for any pctloii oí time uot" exeeediug three monthv SEC. 13. The haid company shall be rabie i 'saldcltynf Aun Arbor for all costs umi (iainag s suttv-reil by or recovered against it, tu eonsequence ofauy act, negleet or default of said company. lts offleers, agents or eervants, or irom a breach of said compauy, lts offleers, agents or servauts, of aiiy of the provisionsof tliis o-dlnaace; aud the said comP'iuy agrees to pay the same aad to secure the payment thereof: the city of Ann Arbor shall have a lieu upon the franchises aDd property of said company, aud such lien Is hereby created aud gl ven thereon to said city of Ann Arbor for the purpo'eaforesaid. Sec. 14. The cars upon said rallway shall always be entltled to the track aud the driver ofany vehlcle obstructlng the same shall turn and leave the track free upon the approach ofany car as soon as practicable, and soas not to lm pede the car, and any persou who shall refuse so to do after havlne been notlfled by the driver or conductor by the rinxing of the car bell.or otherwtse, or who shall in auy way urnecessarily obstruct, delay or interfere with or injure or destroy the track of said road, or the cas or other property of said company, shall, upon convlction thereof hefore any j ustlce of the peace or other court having jurisdlctiou, be flned in auy sum not exceeding twenty-five dollars. öec 15. Wherever gasplpes. waterplpes. sewers, drains, gutters or clsterns are now laid in the streets herein specifled and along which rallways are to pass, the said rallway mustbe laid down and maintalned subject to the rights now In the said city of Ann Arbor to repair, talce up or remove auy such gaspipes, waterpipes. sewers, drains. putters or cisterns without claim against said city. The same to be done in such mauner as not unnecessarily todamage orinjure said railways or thelr use. and the said city of Ann Arbor expressly reserves to itself the rlght to remove orobstruct, orauthorizethe same to be done, any portion ol the said rallway track wherever it shall be necessary for publiccouvenience In laylng down or repairing waterpipes, gaspipes, sewers, draius, gutters or eisterns, or for any other wqrk necessary to be done by said city for public or private venience, and for such lenïth of time as may be neoessary therefor, without incuriug any llablllty for damages to sald eorapany, not, however, disturblng the running of cars where it can be reasonably avolded. Thesaid city, gas and water eompauies or private individuáis who shall takeup pavement for the purpose aforesaid, belng always requlred to restore the railway, pavement and street to lts former condition as nearas may be; and the sald city of Ann Arbor furtuer reserves toany peraon, persons, company or eorporatlon auy and all rlghts, privileges or franchlses heretofore. by said city given or granted to any such person, persons, company or Corporation, or by them or either or any of them, from any other source lawfully obtalned; none of which rightsare to be impaired or affected by anythlng herein contained, and the rights and privileges herebv granled are subject thereto, Sec. 16. The city of Ann Arbor shall not be Hable In any way to said company forany damages it may sustain from the hreakiug or overflow of water from any seweror drain, or the caving in of any clstern, or breaking down of any bridge, or from the breaking of any waterpipe or gaspipe, or by reason of any ehanzea in the grade of any of thestreets of sald village or city, or by reason of any other work or improvement necessary to be done by said city: Provided, Th&t such city shall not be negligent ín performing such work. Sec. 17. The right is also hereby reserved to the city council of the city of Ann Arbor, to raake such further rules, orders or regulatlons concerning the construction and operatingsaid rail way sas may from time totime be deemed necessary to protect the Interests. aafet", welfare or accomodation of the public in relatlon to sald rallways. Sec. 18. The sald railway company, and their successors aud assigns in constructing their tracks shall pave the surface of the street lnside the rails in agood and substantial mauner when so directed by the Common Council upon auy part or the whole of said railway, conformiug the graie thereof to the adjaeent street. The sald railway company shall not interfere with or disturb the surface of the street outside of the limit above prescribed, uuless absolutely necessary, in which event itsliHÜ at once restore the pavement and surface thus disturbed to as good condition as before. .Ski. Jíj. Thesaid railway company shal! at all times keep the surface of thestreets side the rails, and In case of doublé tracks, side tracks, turnouts and switches, as well between the tracks, and betweeu the turnouts, switchen and tracks, in good order and repair, paving the same where the a'ijaoent sireet is paved.and shall keep the spraeclear of all snow, tceand dirt, whlcb roay be spread evenly over the street through which said railway shall pass. Sec. 20. If ttie said company. its successors or assigus, shall at auy time hereafter ref use, fail or neglect to comply witn the provisions ofthis ordinance or any part thereof, all rtghts. privileges, interests, permlssion and authority hereby granted shall thenceforth cease and be forfeited, and the said city of Ann Arbor, be entitled to take possession of the entire routes and streets over which the said railways may have been constructed. Set. 21. The powers and privileges conferred by the provisions of this ordinance shall be limited to thirty years from and af ter the date of its passage Sec. 22. Said grantees shall within ten dnysafterthe passage ot this ordinance signify thelracceptance in writing of the rights and privileges hereby granted, and flle the same with the city recorder. Sec. 23. If the said grantees shall fail to complete the aforesaid railway within the time prescribed by this ordinance, then all the rights and privileges herein granted shall be forfeited, and the city of Aun Arbor shall be entitled to take possession thereof : Provided. The common councll of the city of Anu Arbor does not extend the time; Ani provided fxtrlher, That if the said grantees shall be delayed by the order or lnjunctlon of any court, or any offlcer thereof authorlzed to raake or issue such order or injuuctiou, then the time of such delay shall be excluded from the time of completion prescribed in tula ordinance. Sec. 24. The said Ann Arbor railway company shall be exempted from license tax for the term of ten years from and after the passage of this ordi nance. Adopted, August 13th, 183S. S. W, BEAKES, Mayor. JAS. R. BACH. Recorder. If there is anything in tbis world calculated to make a raan forget tliat he's been to hear Aloodey and Sankey on the previous evening, is to bounce cheerily out of bed in the morning and light on the business end of a tack.