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An Ordinance Relative To Street Railways

An Ordinance Relative To Street Railways image
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Section 1. That the consent, pertnlaxlnn and authority of tho City of Aun Albor ihereby glven to the Ann ArDor Street Rutlway Corapany, a Corporation lfgally oik"ized ander and by authority of the luw oi tlie State of Michigan, to construct, own, and malntaln streel passenger rallwuy wlth single truck, witb all necesnary tracks for turnouts, slde tracks, switches and turntables, and to rnn cara thereon lor the trans portationof passenger and thelrbaggagaaud paokages, through, along. and upoa the Htreets. avenues and highways of the sald City of Ann Arbor hereinaftr mentioned, and the same to keep, raaiataln and use, and to opérate theron street railway cars and carfinges during all the time berelnafter speel(led and limited In the marmer aod upon the conditlonHset forth in thls ordlnance. Sec. 2. The streets. avenues and hlghways upou which nald railways are to be couslructed and operated are as follows : Commenptng at tbesoutiiend of the Michigan Central Rnllrond bridge on Detroit tret ; tlionco south on Detroit streel to Cat'ierine street; thenee west ou (Atherlne street to Main street; thenee eonth on Main street to WilHam street; thenee et on Wliliara street to División Street; thenee sourh on División street to Madisnn sireet; thenee east on Madlson street to State Htreet ; thenee sonth on on State street to Monroe strpet thenee east on Monroe street to East Univer sity avenue; thenee south on East University avenue to Hlll street; thenee east on Hil street to Washtenaw avenue, Also cora meneing on Main street; thenee west ot Willlam street to the Toledo, Aun Arbor, and Northern Michigan Railwny Depot. Also commencins: at the intersection 01 Washtenaw avenue and Hill street ; thenee nortliwest on Wushtenaw avenue to North University avenue; thenee west on Norlh University avenue toState street. And from MadlKon street north on State street to tlie Michigan Central Depot. Also commencing at the intersection 01 Huron and State street; thenee west on Huron street to the west boundary of the olty. AU of sald rallroad shall be completed in 1889, excepting that part on Huron street west of Main street, which shall becotnpleted In 1800. Sec. S. The said company is by theprovislons of this ordioance exclusively authorlzed to construct, own, keep, use and opérate street railways upon lts tracks lu thestreeis and avenues as hereln provlded; in, through, upon, over and along the streets, avenues, and places In the precedlng section named and deslgnated, and in, through, upon, over and along such otber st reets, avenues and places In sald city of Ann Arbo', as may trom time to time be ftxed and determined by the Common Council of the olty of Aun Arbor and assented'to in writing by naid corporation, the Ann Arbor Street Kallway nomnanv; Prnvided. however. That if such asseut be notgiven íd writlDK withln tulrty days after the passage of the ordlnance or resolution orderlng the construction ana operation of a new route or routes, or if the said oorporatlon, the Anu Arbor Street Rallway Company, shall Dot construct and opérate such new route or routes wlthin such reasonabletlme as the city oonnoll shall requlre after such assem In wrltlng, tben the said citycoanoil may glve the privilege to any other person, persons, company or corporation to construct and opérate suoh new route or routes, and in whlch event the rigtit Is hereby reserved to such person or persons, company or Corporation to cross tue street and tracks of the sald Ann Arbor Street Rnilway 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 new route or routes. Such crosslnga and parallel Unes to be constructed with as Uttle lnjury, damageand annoyance to fiiid Ann Arbor Street Rallway Company as possible. The said Ann Arbor Street Railway Company 's cars to have the flrst rlght of pas'aee at such crosslngs. but to not uureasonably delay or incommode such other person. persons, company or Corporation In the reasonabie exercise of their rlghts oí passage or crossiug thereon. Sec. 4. The tracks of all rallways constructed under th is ord 1 nance shall be laid on sald streets ín conformlty with the directlon of the city council, and its civil engineer, and on such locatlon along satd street as the sald city council nball by its own act, or t.hroueh their said engineer. prescribe. Before commencing to lay said track, said Railway Company shall notify sald city council thereof. Hut lf sald common council shall faíl or refuse to lócate said railwuy in any of the streets. avenues and hlghways hereinbefore deecribed, for 30 days alter the written request by sald compauy flled with Recorder of said city, then sald locatlon of said railway shall be laid in the center thereof. Sec. 5. The guage of thá track shall be 4 feet sjinches, and the Raid city council hall have the general supervisión and control of the construction of th tracks of sald rail rond . Sald Rallroad Company shall place no impedimenta 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 tor such purposessaid company shall construct brldges, culverts and passageways for water in such manner as to best accorapllsh the purposes aforesaid. Sec. 6 The tracks of sald railway and the rails laid thereon shall be constructed of the best material In use, and such rails shall be approved of by the common council before the same nhal) be laid in satd streets, and the same shlt be laid in such manner as shall least ob8trnct the free passage of vehlcle or earriages over the same, and shall be laid i conforra as near aspossible to theestabüsbed grades of said streets, or as they shall from time to time be establlshed or altered, and in case of grading or paving lf it be necessary to re-lay said rails to conform to the new grade or paving, the eame shall be done at the expense of satd company. Sec. 7. The cars to be used on s.iid railway shall be drawn by animáis or electriclly only, and at a speed not exceeding the mte ofeix miles an hour, and shall be ron as often tbe city council shall prescribe: Provúled, Thnt cara shall notbe requlred to run of; ener tban every flftpen minutes between the hour-' of 6 a. m. and 8. p m daily, or oftt-ner tb-in every thlrty minutes betweeu Hib huur of B p. m. and 12 p. m. daily. The cars in use upon sald raiUv jy -iialI be run tor noother purpose than io transport passenger and their baggage. and tl e rnrs and carriages for that purpuse shall be of the beststyle in on such rallways, aud be properlv warmed In cold weaiher by a modern beating apparatus: Provldtd, That other cars may be used for eleanlng and repairing said railway. After sunsei, all cara wbile running, shall be providod wlth suitablesignal lights in both front and rear of cars. Sec. 8 The rate of fare for each passenger shall not exceel ftve cents for the eotire length of whole line of road or any part thereof. Provided no one passenger ahall ride over the same track twice without paying au addltlonal fare; and for the carriage of paokages and baggage of passengere such addltional suin may be charged aa may be justly proportionate to said price herein allowed for carriage of passengers themselves. except that ordluary hand satchels aud hand packuges not exceeding twenty-flve ponnds in weight shall be carried for passengere free of charge. Sec. 9. No car shall be allowed to stop upon a crosswalk nor In front of any intersectlng treet, nule - fom unavoidable necesstty, and no earshan uc allowed to remaln standing upon the line of said route for passengers or for any parpose so aa tounreasonably impede the passing of other vehlcles, and when the driveror conductor of any car is requlred to stop at the lntersection of streets to receive or leave passengers, the car shall be stopped so as to leave the rear platform slightly over the crosslng beyond the street crossed. Csrsdrlven In the same dlrectlon shall not approach nearer each other than fifty feet unless from unavoidable necesslty. Sec. 10. Sald grantees, or thelr successors or assigns, are authorized to use on their cars the patent oash box (so ca) led) for the receptiou of fares, and in case of the using of sald patent cash boxesasaforesald, on any of their cars, to dispense with the employment of a conductor other than the dri ver on the cars upon whieh said patent cash boxes are used: Provided, That upun public occasions when the cars are crowded with passengers a conductor shall be provided for eaoh car. Sec. 11. The grantees, or thelr successors orasisigDS, shall employ careful, sober and prudent agents, conductora and dri vers to take charge of their cars whlle on the road, and lt shall be the duty of all such agents. conductora aud drlvers to keep vlgllant watch for all teams, carriages, vehiclesor persons on foot,and especlally children, elther upon the track or moving towards lt. At the first appearance of danger to such team. carriage, vehicle, footman or children, or other obslruction, the car shall be stopped in the shortest time and space posslble. and the sald company shall be Hable for, aod hold said city of Aun Arbor forever harmlessfrom any and all damages wnich may occur to persons or property by reason of oonstruction, use or management of said street ral 1way. Drlvers or conductora shall not allow ladles or cbildreuto enter or leave the cars wbile in motion. Sec 2 Any wlllful vlolatlon of, or failure tocomplywith the provisions of this ordlnance, by said Railway Company, or by any agent, conductor, drlvjr, any person in the employ of sald company, snall be puuisued by a Une not lo exceed ftfry dolían nnd costs; und ín the imposttion ofany such fino and cosí, thecourr may raake a turther sentence that the oftVnder be oommltted to the County Jail or to Ihe Detroit House ol Oorrecllon. until the paymetit thereof, for any period of time not exceedlng three raonths. skc. 13. The sald company sliall be I all t Htild city of Ann Arbor lor allcostsanii damags sutfered by or recovered Hgalnst it, 1n conequence ofany act, neglecl or ilefault of said conipiíny. lts omcerfl, agonts or eervants, or from a breach of unid compuny Its offlcer8, agenta or servants, of any of the provlsionsof thiso dlnanoe; a d the Huid oom pany Bgrees to pay the same and to secure Ihe payraent thereof; the city of Ann Arbor hall have a I lea opon tt fritnchises and Eroperty of gald company, and ach lien Ís ereby erented and glven thereon to nld city of Ann Arbor for the purpO"eaforeBald. Sbc. 14. The cara apon sala railway shnü al way be entlt led to the track and the drl ver ofany vehicle obutructlng trie time saull turn and leave the track tree npon the approacti ofany car ns soon ai practicable, and so as nnt to Unpede the oar, oud ny peron whoKlinll reftue so to do after havlaí been notlfled by thé dT'ver or eonduütur oy th rlnglngofthe eat bell, or otherwle. or who shall Ín any way U' necPKrily i lt rupt, dplay r Intcrfere witli or tnjure or destroy thc track of sald road, or the cas or oiher prop. erty of sald company. shall. upon conviotlon thereof before any justlfí-of the peaoeorother court havlng jurlsdlcllon, be flned lu any sum not exceedlng twenty-five dollars. Sec 15. Wherever ga.--pipes waterplpes. sewers, drains, gatters or clsterns are now laid In thestreets hereln specifled and along whlch railways are to pa?s, tlie snld railway inustbe laid down and tnalrit4lned subject to thevlghts now In thesaid cty of Ann Arbor to repair, take up or reniove atiy stich gaspipes, waterp'prs. ewers. drains. putters or cisterns without claim ag tint said city. The same to be done in such manuer as not unnecessarlly todamage ortnjure sald railways or thelr use, and the said cKv of Ann Arbor expressly reserves to ltself the rlght to remove or obstruct, or aul horlze the same to be done, any portion ol the said railway track wherever It shall be necessary for publlcconvenlence in laylng down or repairlng waterplpes, gasplpes, sewers, drains, gutters or clsterns, or for any other work necessary to be done by sald city for public or prívate convenience, and for such lenïth of time as may be necessary therefor, without lncuring any llabillty for damages to sald company, not, however, dlsturbing the running of cars whereltcan be reasonablyavolded. Thesaid city, gas and water companles or private individuáis who shall takeup pavementforthe purpose aforesaid, betng always required to restora the railway, pavement and street to lts formercondillon as nearas may be; and the sald city of Ann Arbor further reserves toany perron, persons, company or corporatlon any and all rights, privileges or franchises heretofore, by sald city glven or granted to any such person, persons, corapany or oorporation, or br them or elther or any of them, from any other source lawfully obtalned; none of which rlghts are to be lmpaued or affected by anythlng hereln contained, and the rights and privileges hereby granted are subject thereto, Sbc. 16. The city of Ann Arbor shall not be Hable in any way to sald company forany damages lt may sustain from the breaklng or overflow of water from any sewer or draln, or the cavlng In of any clstern, or breaklng down of any bridge, or frora the breakingof any waterpipe or ganpipe. or by reason of any ehan.-es In the grade of any of the streetn of said village or city. or by reason of any other work or improvement necessary to be done by sa city: Provided, Tlmt such city shall not be negllgent In performlng snch work. Sec. 17. Theright Is also hereby reserved to the city councll of the city of Ann Arbor, to tnnke euch further rules, orders or regulatlons concerning the construction and operatingsaid railwaysas raay from time to time be deemed necessary to protect the interests, safet, welfare or accomodatlon of the public in relatlon to said rail ways. Sec. 18. The said rallway company. and their successors and assigns in conatructing their trucks shall pave the surface of the Street inside the rails In a good and substantial raauner when so directed by the Common Councll npon sny part or the whole of said rallway, conformlug the gra-"e thereof to the adjacent Street. The said railway company shall not iuterfere wlth or dïstnrb the surface of the street outslde of the limit above prescribed, unless absoluiely necessary in which event itehnll at once restore the pavement and surface thus disturbed to as good coudition as belore. Sec. 19. The said railway company shall at all times keep the surface of thestreels taalde the rails, and In case of doublé tracks, side tracks, turnonts and switches, as well belween the tracks, and between the lurnouts, switchen and tracks, in good order and repair, paving the same where the adjacent streel is paved, and shall keep the sa me clear of all snow, ice and dirt, which may be spread evenlyover the street through which said railway shall pass. Sec. 20. If the said company. lts successors or assigns. shall al any time hereafter retuse, fail or neglect to comply wltn the provlslons ofthls ordinance or any part thereof, all rights, privileges, interests, permisslon and authority hereby granted shall thenceforth cease and be forfetted, and the said city of Ann Arbor, be entitledto take possession of the entire routes and streets over which the baid railways may have been constructed. Sec. 21. The powers and privileges conferred by the provisions of this ordinance shall be liraited to thirty years from and after the date of lts passage. Sec. 22. Said grantees shall wlthin ten days after the passage ot this ordinance slgnify their acceptance in writing of the rights and privileges hereby granted, and file the same with the city recorder. Sec. 23. If the said grantees shall fail to complete the aforesaid railway within the time prescrlbed by this ordinance, then all the rights and privileges herein granted shall beforfeited, and the city of Ann Arbor stuill be entitled to take possession thereof: Provided. The comnoon council of the city of Ann Arbor does nnt extend the time; And provided further, Thac if the said grantees shall be delayed by the order or injunctlon of any court, or any offlcer thereof aiilliorlzed to make or issue such order or injunction. then the time ofsuch delay shall be excluded I from the time of completlon prescrlbed in this ordinance. Sec. 24. The said Ann At bor railway onmpanv shall be exempted from liennse tax for the terra of ten years from and after the pa-s sag oí this ordinance. Adopted, August lSth, 1888.


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