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AN ORDINANCE TO AUTHORIZE PRESTON HATCHER, HIS SUCCESSORS AND ASSIGNS, TO CONDUCT, MAINTAIN AND OPERATE AN ELECTRIC TROLLEY OR GASOLINE OR ELECTRIC MOTOR RAILWAY SYSTEM IN THE CITY OF JONESBORO, ARKANSAS
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Be it Ordained by the Council of the City of Jonesboro:
Exclusive consent, permission and authority is hereby given and granted by the City of Jonesboro, hereinafter called the City, unto Preston Hatcher, his successors and assigns, hereinafter called the Grantee, to locate, construct, maintain and operate a single or double track, standard gauge, street railway in the streets, alleys and other public places within the corporate limits of the City, as the same are now laid out and established, or as they may be hereafter altered, changed or extended, within the limits of the City, as said limits are now fixed or as they may be hereafter extended, and to erect and use all such poles, masts, wires, cables, transformers and other structures, appurtenances and equipment, and all sidetracks, turnouts, switches and turntables, as may be necessary, and to erect and maintain all other such mechanical appliances and equipments as may be necessary and suitable for the construction, maintenance and operation of any railway system the Grantee may desire to construct and operate under the provisions of this Ordinance, but all the rights and privileges of both the parties hereto shall subject to all the provisions and conditions hereof. The exclusive privileges hereby granted shall cover and include a period of fifty years from the date of the acceptance hereof by the Grantee.
The Grantee may construct and operate said lines of railway upon and along the following streets and alleys, namely, Main, McClure, Walnut, Bridge (except the overheard bridge), Fisher, Johnson and Patrick Streets, and Washington, Huntington, Cate, Burke, Matthews, oak, Warner and Nettleton Avenues, and not elsewhere, except by permission granted by the City by appropriate resolution or Ordinance, but the City will, from time to time, as the public convenience and necessity may require, by appropriate resolution or Ordinance, give to the Grantee the right to construct, maintain, and operate said railway upon and along other streets, avenues and other public places, within the City, subject to the rights and conditions herein contained; but no right of privilege to construct any other system of street railways shall be granted or given to any person, persons or corporation, during the life of this franchise, unless the Grantee shall, for a period of one year, fail and neglect to construct a line of railway upon such a street, avenue or other place, when requested by the City to do so, and when the necessity therefore shall be determined and adjudged under the provision of Section 617 hereof. The Grantee, for the purpose of connecting intersecting lines, may make loops or turns where the same may be necessary, and construct and maintain its lines upon other streets and avenues not herein mentioned, for a distance not to exceed two (2) blocks.
Said Grantee, in the erection of all poles and masts for stringing wires, shall set the poles against the curbs, true and straight to line, inside the curb in the outer edge of the sidewalks so as to give free access to property and not to obstruct the entrance to or exit from the alleys. If it shall at any time become necessary to move any of said poles or masts, the City may order such removal at the cost of the Grantee. In setting said poles excavation therefore shall be well filled and tamped; the poles set at a uniform height, as to conform to other work when placed. The guy-poles at turning points shall be well anchored. The guy wires shall come within not less than ten feet of the ground and be set so as not to obstruct free passage in travel. All cross-wires shall be suspended not less than fifteen feet from the ground, except when necessary to pass under a bridge or other obstruction. All rights herein granted shall be so constructed as existing rights heretofore granted to other persons or corporations beyond the extent reasonably necessary for the construction, maintenance and operation and use of the rights and privileges herein granted. No double track shall be laid on any street which is less than forty feet wide, including double tracks, switches and turnouts, the tracks shall be laid as close to each other as can be, consistent with the safe operation of said street railway, but switches for the passage of cars may be constructed on streets less than forty feet wide. On streets less than forty feet wide the City shall have the right to require that the tracks shall be laid on one side of the street. No building, house or shed of any kind shall be erected or maintained by the Grantee in any of the streets, avenues or alleys of said City without the consent of the City.
The tracks of the said railway shall be laid in the center of the streets except as provided in Sec. 601, where only a single track is laid and double tracks shall be laid so that the center of the street will be the center line of the two tracks. Where double track is contemplated and only one track is laid, it shall be laid at a place other than the center of the street by and with the consent of the City only, and at such distance from the center as that when the other track is laid the two shall conform to the requirements of this section. Provided, that where double track is contemplated and only one track is laid off, if the same be laid at any other place than in the center of the street, the city shall have the right to require the Grantee to relay its track in the center of the street, if such contemplated second track be not laid within two year from the date of laying he first track upon one side of the street. All tracks, sidetracks, switches, turnouts and turntables shall be so constructed and maintained at all times as not to obstruct or impede the free use and passage of the public street, beyond the extent necessary for the proper use and enjoyment of the rights and privileges herein granted. As soon as practicable after the construction, changes or repair of any portion of its track, the Grantee shall, at its own cost, put the street in as good condition, for the use of the public as it was before such construction, change or repair; and this provision shall include alleys as well as streets and street crossings. Provided, that whenever any street or avenue over which the lines of railway shall be in operation shall be regularly sprinkled by the City, or by other person under contract with the property owners along said streets the Grantee shall at the same time, and for the same distance, keep its right of way sprinkled.
Whenever the Grantee shall construct any part of his line upon the streets that have not built or improved to a grade established by the City, such track or tracks shall be built as nearly as possible with and according to the surface of the streets. If afterwards, said street shall be built or improved to grade established by the City, the Grantee shall conform the track, switches, sidetrack and turnouts to such established grade, the City at all times on request of the Grantee requiring the City Engineer to furnish certificate of such grade upon all such streets and the center line of such street, but the Grantee shall pay the City Engineer for such certificate.
And whenever the City or any Improvement District shall gravel, macadamize or pave the surface of any street upon which a line of the Grantee’s street railway has been constructed prior to such improvements, the said Grantee shall, at the same time, gravel, macadamize or pave the space between its rails and for eighteen inches outside of each rail in the same manner and with the same material used by the City or Improvement District outside such space on said street; provided, the Grantee shall not be required to pave with concrete or other material, which cannot be removed or replaced without unreasonable injury.
Good rails, weighing not less than fifty pounds to the yard, shall be used. The top of the rails shall be so placed as to conform to the surface of the street in such manner as not to interfere with travel thereon beyond the extent necessary for the safe and convenient operation of the railway, and upon paved streets, shall not extend above the general level of the pavement, and upon streets not paved, shall not extend more than one-half inch above the general level of the street; and the grantee in any case where the City or property owner or Improvement District is paving a street while the railway is being constructed on the same street shall put in the rails and construct the railway as the pavement is being laid, and shall at the same time, lay pavement upon the same streets between the rails, and for a distance of eighteen inches on the outside thereof, with good pavement brick, and shall place the same in such manner and at such time as not to unnecessarily interfere with the paving being done upon said street, but the Grantee shall not be required to delay the work of laying its track and pavement on account of the delays by the City, property owners, or Improvements District. All cross ties shall be laid and kept and maintained at such depth as not to be exposed above the surface of the street or to interfere with public travel beyond what may be necessary for the safe and convenient operation of the railway, and no cross ties shall be used upon any paved streets. All ties shall be well and securely laid and at places where a grade has been established and the street or avenue worked to such grade, and such street thoroughly and permanently graveled by the City, the ties laid by the Grantee, shall be laid in gravel ballast.
The Grantee may take up and alter any track and put it down according to the provisions of this Ordinance, but it shall put the street in as good condition for travel as it was immediately before such track was taken up, and in case of laying, relaying or repairing the track, the Grantee shall put the streets in as good condition as they were before such laying, relaying or repairing was done, and whenever the Grantee shall occupy any street or part of street that has been improved by the City or Improvement District, by graveling, the Grantee shall maintain and keep in repair all that portion of such street between the rails and to a distance of eighteen inches on the outside of each rail, and shall at all times maintain the tracks in such condition as that the rails and ties shall not interfere with the public travel on such streets ore than is necessary to operate the railway, and shall not interfere with vehicles, and when the Grantee shall occupy any street or part thereof which has been improved by the city by paving with stone, brick, asphaltum or other material, said grantee shall repave or repair the portion of said street so torn up and altered, with the same material as that previously used, and shall place the said street in same condition it was before such alteration, and shall maintain and keep in repair all portions of such street lying between two lines drawn at a distance of eighteen inches on the outside of each rail, and on the failure of the Grantee to make and keep in repair after reasonable notice by the City to do so, the City shall make such repair at the cost of the Grantee; provided, that in paving, relaying or repairing any street the Grantee shall not at any one time have or keep any street or part thereof torn up or disturbed for a greater distance than one block, nor for longer time than is reasonably necessary to do the work being done, nor shall the grantee be required to pave the cement, concrete or other material that cannot be readily removed and replaced without unreasonable injury thereto.
The rate of fare upon said line of street railway shall not exceed five cents for each passenger for one continuous passage in the same general direction within the city limits, and one hundred tickets shall be sold for four dollars, if purchased at one time. Transfers shall be furnished to all points so as to enable passengers to travel the entire distance from starting point in the City in the same general direction for one fare. Policemen, firemen and United States mail carriers, shall be transported free while on actual duty as such. Any person may carry free of charge any small package, parcel, hand bag or hand baggage. Children, under the age of six years, when accompanied by parent, or guardian, or other person in charge, shall be transported free. The Grantee shall not be required to carry trunks or large and cumbersome bundles or packages or other things that will delay passengers either in entering or leaving the cars, but if the Grantee so desires he may carry trunks, et cetera, making a reasonable charge therefore, not exceeding ten cents each. The Grantee shall not make any break or leave any gap in line of railway for the purpose of securing or charging extra or additional fare, or that would have that effect.
The City shall have the right to use free of charge or rental, any of the poles or masts erected by the Grantee under this Ordinance, for fire alarm, telegraph or any Police or electrical alarm, which it may hereafter adopt, provided any wires it may string on said poles or masts shall not come in contact with the wires of the Grantee. The Grantee may use for its wires, cables or other appliances, any poles or masts belonging to any other person or company, provided such other company or person consents thereto.
The Grantee shall equip his system with not less than two new and modern trolley cars, or gasoline electric motor cars, provided with modern first-class appliances for operating the same so as to provide for the safety of its passengers.
The Grantee may run his cars on such time schedule and in such manner as to taking on and letting off passengers as he deems consistent with the public convenience, and in keeping with the provisions of this Ordinance; provided, cars shall be run on time schedule not to exceed thirty minutes apart on main Street, and on other streets and avenues shall be run on such schedule as the traffic will justify and from six o’clock A.M. until eleven o’clock P.M. each day, except in cases of strikes, unavoidable accidents or delays.
The Grantee may run his cars in accordance with any reasonable rules and regulations, and the City shall have the right to require the Grantee, by Ordinance or resolution, to adopt and put in force any rules and regulations which may be reasonable and needful for the public safety.
If at any time the Grantee shall build his tracks upon any streets or part thereof upon any other than the established grade, and afterwards the city shall improve said Street to an established grade, the Grantee shall, at his own expense, change his tracks so as to conform to said established grade.
The Grantee shall pay the City a license or privilege tax of ten dollars per car annually in advance for each car owned or controlled by it, and at the expiration of each year shall pay to the City the sum of forty dollars for each car used by the Grantee as much as four months per year, provided the grantee shall keep an accurate daily record of each car used, which record shall, at all times, be open to inspection of the City, and the Grantee shall furnish the City a quarterly report under oath showing the extent to which each car has been used, and provided further that if the railway system shall be changed to a pole system then in lieu of a privilege tax upon cars as specified, then the Grantee shall pay the same amount per pole as is imposed by Ordinance upon other public utilities.
Subject to the limitations and restrictions in this section contained, the City shall have the right by Ordinance or resolution to require the Grantee to construct an electric trolley system throughout the entire line of the Grantee, which electric trolley system shall be constructed in accordance with the provisions of this Ordinance and within two years from the date of the passage and publication of the Ordinances or resolution requiring the construction of said trolley system, provided the Grantee shall not be required to construct said trolley system, nor shall any Ordinance or resolution be passed requiring him so to do, within ten years from the date of the passage hereof, nor shall the grantee be required to construct said electric trolley system, nor shall any Ordinance or resolution be passed requiring said Grantee son to do, after the expiration of forty years from the date of the passage of this Ordinance, nor shall the Grantee in any event be required to construct said electric railway system until the population of the City of Jonesboro shall exceed twenty-five thousand bona fide inhabitants.
If said railway system shall be extended to Nettleton or any other suburban point or points, then the Grantee shall have the right to locate and establish terminal facilities within the corporate limits of the City, and to transport freight, express or any other commodities between such suburban points and the City.
This Ordinance shall become a valid and binding contract between said City and Grantee, if, within thirty days from the date of the passage hereof the Grantee shall file with the City Clerk a written acceptance of the rights and privileges herein granted, and shall also file with the said City Clerk a bond with good security to be approved by the City, conditioned as follows: That if the Grantee shall not have an actual bona fide operation one mile of said street railway within twelve months from the passage of this Ordinance, the said Grantee will either abandon or surrender in writing all of his rights and privileges hereunder, and pay to the City of Jonesboro one thousand dollars in United States currency or file an additional bond for one thousand dollars in United States currency, subject to approval as above, to be paid at the end of eighteen months from the passage of this Ordinance if one mile of the said railway is not, at the end of eighteen months, in actual bona fide operation, in which event both of said bonds shall be and remain in full force and effect, and in the vent of failure to have said one mile in operation at the end of eighteen months aforesaid, there shall be due and payable to the City of Jonesboro, said sum of two thousand dollars in United States currency, and all rights and privileges hereunder shall thereupon cease and terminate.
If the Grantee shall, at the end of twelve months, as aforesaid, elect to abandon all his rights and privileges hereunder, he must do so in writing, and must at the same time pay the said one thousand dollars to the City of Jonesboro, and thereupon his privileges hereunder shall, then and there, absolutely cease and terminate. If such written acceptance and bond be filed as herein provided for, copies of this Ordinance and of such written acceptance and bond shall be duly attested by the Mayor and City Clerk and one or more certified copies delivered to the Grantee and one or more copies filed and preserved by the City Clerk, and such attested and certified copies shall be and constitute the evidence of this Ordinance and contract by and between said City and Grantee. And upon the acceptance of this Ordinance the Mayor shall forthwith appoint a committee of three, composed of himself and two members of the Council, to be known as the Committee on Street Railways, and which said committee shall be from time to time appointed, during the continuance of this franchise, and the members thereof or a majority of them shall have authority to enter into and execute any contract with the Grantee that may be deemed necessary to more fully carry into effect the provisions of this Ordinance, and such contract shall become final and binding when approved by the City Council, but not otherwise.
At the expiration of twenty years, and each succeeding five years thereafter (after the taking effect of this Ordinance) the City shall have the right and privilege to purchase the said railway system together with all the cars and other equipment used in connection therewith, upon giving written notice of its intention to do so at least one year before the expiration of each of said successive periods. The value of said property shall be ascertained as follows: The City shall appoint one person, and the Grantee shall appoint one person, and the two shall choose a third person, who shall be a citizen of this State, familiar with the management and construction of street railways, and the three thus chosen shall constitute a board to determine the value of said property, and in do so doing shall take into consideration its earning capacity. Within sixty days after said Board shall have rendered its decision, fixing said value, the City shall pay the amount so fixed, in cash or in bonds of the City, lawfully issued, and bearing the legal rate of interest. A failure to so pay said amount or to give notice of intention of purchase until the expiration of the next succeeding five years, as above provided, shall operate as a waiver of the right of purchase, and all expenses of the award shall be paid by the City. If such property is encumbered or mortgaged at the time, then such purchase shall be subject to such encumbrance or mortgage, and the amount of all such encumbrances or mortgages shall be deducted from such appraised valuation, and only the balance or difference be paid to the owner or owners of the property.
If, after the adoption of this Ordinance and the acceptance thereof, as herein provided, any controversy shall arise between the parties hereto, and cannot be settled and adjusted by them, then such controversy shall be settled by arbitration, as follows: the parties hereto shall each select one party, and if they cannot agree within twenty days from the date of such selection, then the Judge of the Circuit Court, at Jonesboro, shall appoint a third party, which third person shall be a resident of the State of Arkansas, possessing a practical knowledge of the construction and operation of street railways; and the decision of said three persons shall be final and conclusive, and no appeal shall lie therefrom to any court or other tribunal. The award of said arbitrators or two or more thereof shall be in writing and signed, and may be either party hereto be filed in any court having jurisdiction of the subject matter submitted for arbitration; and when so filed, judgment or decree of said court may be entered between the parties hereto without notice, in accordance with the award of said arbitrators.
The matters to be submitted for arbitration shall be stated in writing and shall be signed by both parties, and only the matters so stated shall be arbitrated. If either party, upon written request of the other, shall refuse or neglect, for a period of ten days from the date of such request, to enter into such arbitration, then the party making such request may submit any matter upon which a decision may be desired to arbitrators, as follows: One to be selected by him, and the other to be appointed by said Circuit Judge, and the party refusing to enter into said arbitration shall not participate therein, but the award so made, shall be final and conclusive, and either party shall be entitled to file the same in any court having jurisdiction and have decree and judgment entered thereon, provided any matter so submitted to arbitration shall not be again submitted for a period of five years, without the consent of both parties hereto, but after the expiration of five years from the last away, the same subject or matter may again be submitted for arbitration by either party.
All Ordinances and part of Ordinances in conflict with this Ordinance are hereby repealed, and the Ordinance shall be in force from and after its passage.
Passed and adopted this fifteenth day of August, nineteen hundred ten.