XIV. AN ORDINANCE AUTHORIZING AND REGULATING STREET RAILWAYS Single or dou The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That the Minneapolis Street Railway Company be and is hereby granted, during the term of its charter, the exclusive right and privilege of constructing and operating a single or double ble track. track for a passenger railway line, with all necessary tracks for turnouts, side tracks and switches, in such streets of said city as the City Council may deem suited to street railways, subject to the terms, conditions and forfeitures hereinafter contained; provided Right of Counthat the City Council reserves the right to limit the said company to the construction of a single track upon such street or streets as it may deem proper. SEC. 2. The aforesaid grant is upon the express condition that within four months from the passage of this ordinance the said company shall construct and put in operation a line of railway extending from the St. Paul and Pacific railroad crossing on Fourth Avenue North, W. D., along Washington Avenue to Hennepin Avenue; thence on Hennepin Avenue to and across Suspension bridge and Nicollet Island, up Central Avenue, E. D., to Fourth Street, and down Fourth Street to Fourteenth Avenue South, E. D.; and provided, that within one year thereafter the said company shall construct and put in operation a line from Plymouth Avenue in the West Division along Washington Avenue to its intersection with the line at the St. Paul & Pacific depot on said Washington Avenue, and also a line from Hennepin Avenue along Washington Avenue to Twelfth Avenue South, and thence on the most practicable route to Franklin Avenue, and that the line from Plymouth Avenue North to Franklin Avenue South shall be constructed as one line; and, provided further, there shall be no forfeiture by reason of delay in completing the first line on account of the inability of said company to do within the said four months because of the said bridges not being built or repaired suited to receive the railway. cil to limit company to single track. Conditions as to what track and lines shall be built. Council may designate new lines Forfeiture. May charter other companies when. Neglected line and forfeiture. Removal of track upon neglected line upon notice Propelling powers. How and when track may be used by other companies. Tracks used for passengers and freight. SEC. 3. The City Council may at any time designate any other line of railway in the said city as a line demanded by the public necessities, and may also designate an extension of any existing line or lines; and in case said company, upon being notified of such designation, shall not within such reasonable time as shall be fixed by the City Council, construct and put in operation such line, then the City Council may charter to any other company the exclusive right to construct and operate a street railway in the street or streets so designated. And in case the said Minneapolis Street Railway Company shall at any time neglect to keep in operation any line of railway which it may have constructed, then upon such reasonable notice as the City Council may prescribe, said company shall forfeit the exclusive right herein granted, so far as the same pertains to such neglected line; and the City Council may grant the exclusive right to any other person or company to build and operate a street railroad upon such neglected line; provided that said company shall, if required by the City Council, after being notified in writing by the City Attorney, remove or cause to be removed, the track and other materials of such neglected line within ten days after the service of said notice upon the President or Secretary of said company. SEC. 4. The cars to be used upon such tracks shall be propelled with either animal or pneumatic power as the said company deem advisable, provided that no propelling power or machinery of any sort shall be used after it shall prove to be a public nuisance; and said company may connect with any other railway upon which power is used similar to that authorized to be used on street railways by the City Council, but no locomotive, freight or passenger car, such as are usually run over the general railways of this State for the transportation of freight and passengers shall be used upon any of said tracks, unless authorized by the City Council; provided that the said Minneapolis Street Railway Company, and any other street railway company which the Council may charter under section three of this ordinance, shall each allow the other to connect with and jointly use such portions of the track belonging to each as the convenience of the traveling public may require, upon such equitable terms as may be agreed upon by the said companies, or as may be determined by the District Court of Hennepin County. SEC. 5. Said tracks and railway shall be used for the purpose of transporting passengers and freight, and the cars and carriages for that purpose shall be of the best style and class used on such railways in other cities; provided said company shall at all times have the right to use their track for transporting iron, ties and other material for constructing their road and keeping the same in repair, and such other purposes as from time to time may be necessary in carrying out any contract or engagement that may be hereinafter entered into by and between the city of Minneapolis and said company. SEC. 6. The track of such railway shall be laid so as to conform with the established grades of the streets on which the road may be built, whenever the same may have been graded by the city; but whenever the city shall change the grade of any street or streets, or any portion thereof, the said company shall raise or lower Track how laid the track so as to conform to such change of grade; where the streets are not graded to an established grade said company shall lay their tracks so as to conform to the surface of such streets; provided that they raise or lower the same to the grade when the city shall grade the same, or any part thereof; and in case said city shall at any time pave or otherwise improve the surface of any street along which said railway may run, said company shall pave or otherwise improve the space between the rails of their tracks, unless otherwise provided by the City Council, so that it shall substantially correspond with the improvement of the street outside of the tracks, except in case pneumatic power is used, when the company shall be required to pay only so much of the expenses of paving the street as is made extra by reason of said railway; provided said company shall plank the space between the tracks and on both sides thereof at each street crossing whenever required by the street Plank out:ide commissioner; and one plank shall be laid on the outside of each rail, and on the inside when it shall be ordered by the City Council; and provided further, that the City Council hereby reserves the right to designate the style of rail to be laid by said company through the streets of the city. Paving and re pair. rail. SEC. 7. The said city of Minneapolis shall not be held liable to said company for any damage that may be occasioned by the breakage of any gas or water pipes, or from any delays that may be occasioned by the construction of sewers, laying of water or gas pipes, Damages. or from the improvement or repair of any street, unless there be unreasonable delay in making such repairs. The city of Minneapolis hereby reserves the right to take up and remove the rails of said road whenever it shall be necessary for the repair or improvement of the streets, or for laying water or gas pipes or sewers, or for other public purposes on the streets of which such rails may be Right of city to laid, and such repairs or improvements or works shall be made by take up track. the city without unnecessary delay, and the track of said road shall be taken up and relaid by and at the cost and expense of said company whenever the Council may require the same to be done. SEC. 8. The said company may regulate and establish and regulate the rate to be charged by the said companies, their successors and assigns, for the transportation of passengers and freight at How regulated by city. Continuous line. Police 1egulations. Track to be laid in the cen &c. the expiration of five years from the approval of this ordinance, and every five years, thereafter, fixing the same at such rates as the City Council of said city may deem just and reasonable; provided that the city shall not reduce the passengers' fare below five cents over any one continuous line, and what shall be considered a continuous line may be designated by the City Council of the said city but the said Council shall not designate any such continuous line to be more than three miles in length. SEC. 9. The Council of the city of Minneapolis hereby reserves the right to make all necessary and usual police regulations concerning the operation and management of said street roads during the continuance of the rights and privileges hereby granted. SEC. 10. Said tracks shall be laid in the center of the street in all cases where it is practicable to so lay them, and said tracks shall not be laid within twelve feet of the sidewalk upon any street in any case where it is practicable to be avoided; and said tre of the street company shall keep the space between the rails in proper repair, so as not to interfere with travel over the same, and shall keep the same in proper order as to cleanliness at its own cost and expense. SEC. 11. The cars of said company shall be entitled to the track, and in all cases where any team or vehicle shall meet or be overtaken upon either of the street railways in said city, such team or vehicle shall give way to such car; nor shall any person wilfully obstruct, hinder or interfere with any of said railway cars by placing, driving, or stopping, or causing to be placed, or driven in a slow pace, or stopped, any team, vehicle or other obstacle in, upon, across, along, or near the track of said railway, or either of them, after being notified by the driver or conductor, by the ringing of the car bell, or otherwise; and whoever shall wilfully violate any of the provisions of this section, shall, upon conviction thereof before the Municipal Court of said city, be punished by a fine of not more than fifty nor less than five dollars, and costs of prosecution, and may be imprisoned until such fine and costs are paid, not exceeding thirty days. Cars entitled to the track. Fine, &c. Number of cars to be run. Signal lights. Damages to streets and sidewalks. SEC. 12. It shall be the duty of the company to furnish and run a sufficient number of cars to accommodate the traveling public, on all streets which they shall use and occupy for railway purposes. All cars shall carry signal lights after dark. SEC. 13. It shall be the duty of said company to repair any and all damages done to the streets, curbs, sidewalks, gutters, or other public property, by the construction or repairing of the tracks along the streets, as herein provided for; and further, to protect and save harmless the city of Minneapolis against claims or damages arising from the construction or management of tracks end roads provided for herein. Double track SEC. 14. Authority is hereby conferred on, and said company is hereby required to lay double tracks over and across such bridges as may be on any of the streets occupied by them, when so required on bridges. by the City Council; said tracks on said bridges to be laid in such manner as the Committee on Roads and Bridges shall authorize and direct. SEC. 15. The said Minneapolis Street Railway Company is hereby obligated to make such equitable and mutual terms (as the Councils of St. Paul and Minneapolis may determine) with the Street Railway Company of St. Paul, or such other company as may have the right to operate the street railway in St. Paul, as shall allow each of said two companies to run their cars into the company of St. business centers of each of said cities, over the tracks of each other without change of cars between the two cities. Terms to be made with the street railway Paul. Rules for run SEC 16. The cars or carriages of the company shall be run upon and along the tracks of said railway company in conformity with the following rules and regulations; provided, that nothing herein contained shall be construed as limiting the police powers of ning cars. the City Council, as granted in section 9 of this ordinance, to-wit: (1) No car shall be run at a greater rate of speed than six miles Speed. an hour. (2) While cars are turning corners or crossing bridges, the horses or mules, attached thereto shall not be driven faster than a walk, or if other motive power is used, not faster than three miles an hour. (3) Cars driven in the same direction shall not approach each other nearer than a distance of two hundred feet, except in cases of unavoidable necessity or accident, or when cars are near or at stations. (4) No car shall be left to remain standing on any street at any time, unless the same is waiting for passengers, or is unavoidably detained. Crossing bridges or ners. turning cor. Distance cars shall be kept apart. Time cars may stand on the; street. (5) No car shall be allowed to stop on a cross walk nor in front of any intersecting street, except to avoid collision or to pevent Cross walks. danger to persons in the street, or to take in or leave off passengers. (6) The conductors and employes employed by said company shall use all reasonable care and diligence to prevent injury to persons, and on the appearance of danger to any one on or near the track, the car shall be stopped, when by so doing such injury may be averted. (7) All proper care shall be used by conductors and employees to prevent injury to teams, wagons, carriages and other vehicles. (8) The conductor shall use proper diligence to prevent ladies or children under twelve years of age from leaving or entering the cars while in motion. Care to prevent injury to per sons. Injury to teams Leaving cars while in mo tion. |