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HomeMy WebLinkAbout013 - 07/23/1906 - GRANTING TO THE DENVER AND INTERURBAN RAILROAD COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE I •I I I I , I ' AN ORDI14ANCE GR.PNTING TO THE DENVER AND INTERJRBAN 1AILPOAD COMPANY, ITS SUCCESSORS AND ASSIGNS, TEN; RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE A STITU= RAILWAY IN THE CITY Or FORT COLLINS, COLOTUiDO, AND GRANTING THE RIGHT-01-WAY TO SAID COMPANY, ITS SUCCESSORS � AND ASSIGNS, OVER, ALONG AND ACROSS CERTAIN STREETS, ALLEYS, � AVENUFS AND-PUBLIC HIGH AYS OF T10 CITY OF FORT COLLINS II � I I � M, IT ORDAINED BY iHC CITY COUNCIL OF TICE CITY OF FORT 'ICOLL31TS 11 SLCTION 1 That a right-of-way be and is hereby granted by the City of Fort Collins to the Denver and Intcrurbait Railroad Company, its successors and assigns, to locate, build, construct, operatr, and maintain a single or double track street railway, with i I ' hall suitable switches, turnouts, crossings, crossways, loops, "YIs", poles, overhead and under ground wires, and suck- other wires and appliances as may be recessary or proper or convenient. tnerefor, I� over, upon, along and across the following aescribed streets, alleys, avenues, public ways and places in the City of Fort Collins, to vat - i Or College Avenue from the northern limits of tl�e City of i Fort Collirs to the southern limits of said City, on Wheabee street II I I !I II -2- f ' 11f"om Magnolia street to the southern citJ l�mats , on Peterson Street if ,! from. Mountain Avenue to Magnolia Street , on Meldrum Street from Mountain Avenue to Canyon Atienue, on Cajon Avenue from Meldrum I Strcet to and across Whitcomb Avenue, on Whitcomb Avenue from the tracks of The Colorado & Southern Railway Commany , where they cross II , said VV1h.itcomb Avenue, to and across Laurel Street , or, Remington I 11Street from Elizabeth to and across Pitkin Street, Mountain Avenue Ofrom the eastern city limits of the City of Fbrt Collins to the 11 1 11 western Bouts thereof, Jefferson Street from College Avenue to ( Mountain Avenue, Linden Street from Mountain Avenue to the northern ( limits of the City of fort Collins, Lincoln Street from Mountain y Avenue and Jefferson Street to the nort) ern limits of the City of I ll Fort Collins, Magnolia Street from College Avenue to and across Riverside Avenue, Mulberry Street from V'hitcorb Avenue to the western I; city limits, Laurel Street from the eastern limits of the City of I Fort Collins to the western lzruts thereof, Elizabeth Street, Ed- ward Street , and Pitkin Street from the eastern limits of the City ! 1 (i of For+ Collins upon each of said streets to and across College 1 q q Avenue, on Cherry Street from Mason Street to Whitcomb Avenue, Howes ll Street from Cherry Street to Mountain Avenue, La Porte Avenue from !I College Avenue to The Colorado & Southern Railway Comroany's Depot on lj Mason Street, with the right to cross the sidewalks upon both Moun- i1 ta.3.n Avenue and La: Porte Avenue so as to connect said line on the I) i ' private aronerty of The Colorado & Southern Railway Company vith its i passerger depot at La Porte Avenue and Mason Street. I TOGSZHER vrlth the right, privilege and autrorltZ to con- newt said railway lines , wires, proeerty and sub-stations built I 1 I I I �I i �I F -V� , by the grantee hereunder, by means of poles and wires and other ap- �� pliznaes with tre power house and car barns of the said grantee where- i, sover situated, end to operate said railway lines by electricity in any of its forms or methoas or by any other mechanical or other ,, motive power now known or used, or which may hereafter be discover- ed or used, except steam The rights and privileges herein and h hereby granted to The Denver ana Interurban Railroaa Company, its ,, successors and assigns, shell cover and confer the right to transact I passenger, mail, baggage and express business ubmn all of the lines ,' and streets hereinbefore described, as well as the right to haul and f I transport freight upon such portions of College Avenue, Linden and lLincoln streets as lie nortr of The Colorado & Soutrerr Railway i gCompany's tracks leading from Greeley and Wellirgton to the depots of said Company in the caty of Fort Collins I� ACTION 2 The Denver and Interurban Railroad Company Ishall construct and operate its railway upon a gauge of four (4) feet leight and onle-half (8 1/2) inches, and the track or tracks of said �Irailway shall be laid as nearly as practicable in the center of the street In the operation of said railway not more thaw ten (10) ifeet for a single track nor more than twenty-five (25) feet for a l idouble track or burnout on any street shall be occupied* f II SECTION 3 In the construction and maintenance of the II `I ralway track the upper surface of the rails shall oe laid on a letiel 1 ( with the adjacent surface of the street If at any time a change I " of Prade is made in any street, not on grade at the time of the !I construction of the railvray track, or if any street occupied by the Railroad Company is thereafter changed in Lts grade, the grantee I herein named shall change its track at its own expense, so as to i I I II T 'I � s corform to the estaolished grade After the construction of its track for tracks, conauits or appliances, the street or streets shall be rlpromptly restored to as good condition as when the worb of construw- ptior beganl. During the construction of said lines, not more than I I ,I two thousand (2000) lireal feet of street shall be torn up at any one tine and no such section for longer than thirty days at one time II � iwithout the consent of the City Council, and such street shall be IIsafely guarded at all times during construction vork without expense I Ilto the City All const-uct�on work shall be done in accordance with the reasonable ieouirements of the City Council of the City of Port Collins I Wherever the said railweyline or lines shall cross or i run along any gutter or ditch or water gray , the grantee herein shall I �I I constl^uct and maintain recessary bridges therefor without expense 11to the City Tne rights herein grarted shall not be construed to { I interfere with any irrigating or drair ditches, or any gas, sewer y or water mains in the said city, or prevent free access thereto 1I SSECIION 4. Whenerer the City of Fort Collins shall by I lordirarce order any of the streets, alleys, avenues, public planes II ' ,Ior ways raved or parked, upon «hich the Railzoad Company shall 'leave laid its tracks, t'ie Railroad Comparj, shall eitner pave or park, (� as the City Council shall in earh case determire, that portion of I j the street lying within its tracks and for two feet on the outside of each rail , si-ch parking and paving, constructed by the Railroad iComoany, shall be uniform with the remainder of the street and i +� s}iall thereafter be maintained by tT)e Railroad Company in good I 11order, and the Railroad Company shall plank all street crossings d i' across said railroad tracks upon unpaved streets It I' r I� i SECTION 5 The poles used for suspending wires and cross arms ! the II to supply electric current shall be of metal, placed in center of I� said streets, i..nless otherwise ordered by the Ci+y Council, and shall be well set and painted No wires shall be suspended at a height of �I less than eighteen (18) feet above the surface of the street, no shall the same interfere inth the wires of existirg telegraph, tele. qphone or electric companies I y SECTIODT 6 The Denver and Interurban Railroad Comparw, grantee, .nail not run its cars within the city limits of the City +� of Fort Collins at a rate of speed greater than fifteen (15) miles per hour, ana shall conform. to all general police ordinances now exisiting or hereafter enacted concerning the health, convenience I and safety of the passengers upor said railway and inhabitants o-� the ! City of Fort Collins. And full poser is hereby reserved concerning ,t the legislative police ordinanc-es in iesnect to the streets, alleys, h averues, public places and ways of the said city whicn the City of Fort Collins nnw has The City Council of the City of fort Collins I I it do hereby reserves the right to grant to any railroad company I� desir.Lng to enter said City of Fort Collins a franchise to cross any of the tracks of The Denver and Interurban+ Railroad Company built , and constructed in pursuance of the provisions of this ordinance SECTION 7 The said, The Denser and Interurban Railroad �I Company, shall have the right to charge persons riding on its cars witlan the city of PoLt Collins five cents for a single passage on �I any line of the Company's railway within the City of Fort Collins, the lines to the Sugar Factory and Grand View Cemetery being for i II the purposes of this section to be considered as within the City of Fort Collins Provided that child-en unde six years of age when I I� ', aceampaniea by a paying passenger shall be carried free of charge, I li I� -6- I and children over six gears of age and under twelve year of age, shall be carriea at half fare, and corductors upon the cars of said I Railroad Company shall at all times have for sale half fare tickets i at the rate of 10 tickets for twenty-five cents And the said Railroad � I Company, shall at the place where any of its lines intersect, trans- fez its passengers from one to the other intersecting lines for a I contiruous passage, without any charge in addition to the regular I, fare herein provided for The said Railroad Company may make and II enforce all p.Loper and reasonable rules , regulations ana conditions for the operatior of its lines ana for the transfer of passengers to and from its different lines SEC2ION 8 1he construction of -aid railway shall com- mence withir nine months from the date of this ordinance, and the lines from the Central Loop to the Agricultural College, to Pros- pect Park and Grand View Cemetery and to the Sugar Factory shall be i completed and in actual operation on or before the lsti day of Janaary, 1908, and thereafter at least one mile per year in addition to the lines above described shall be completed ana put in oper- ation until the rights-of-way upon all of the streets herein grant- ed shall have been occupied If the Railroad Company shall fail at any time to comply with the recuirements of this (8) Sectior, the City Council of the City of Fort Collins may declare all the rights II' of the grantee under this grant and franchise on such 11 of said streets II and avenues and public ways as shall not have peen occupied, built upon and operated as above set forth, forfeited and annulled, but ro rights shall be forfeited or annulled or affected in any Tray upon any street, alleit avenue or public way upon which a street I I I I Ii railway shall have been built and constructed and in operation If the Railroad Comp�UW shall in any manner be hinaered, delayed or pre- vented from carrying out any of the construction or additions to or extensions of its line herein set forth in this Seetior (8) , or in Section One (1) hereof, oy any legal proceeding o-- other matter or thing beyond the grantee's control, the time during which it shall ,I be delayed, hindered or preverted shall be added to tre time wnthin I 'I wnich such construction, extensions or aaditions are to be under" 11 takeni and completed according to the terms of this grant and franchise, SECTION 9 Ine Denver and Interuroan Railroad Company I� shall pay the cost of publication and all other expenses inciden- tal to the granting of this. franchise which might otherwise be aharge-I II able to the City of Fort Collins, and in order to secure the payment 1 thereof and also to secure the filing of the board, hereinafter in Section 10 provided for, it shall deposit herewith a certified check, payable to the order of the City Treasurer of the City of i !I Fort Collins, in tYe sum of Five Hurdred ($500 ) Dollars. This 'I sum shall be forfeited to the City of Fort Collins if said Railroad +i Company shall not accept the franchise rerein granted ana file the i j' bond, hereinafter referred to, within ten days after the passage of this ordinance I SFCTIO.T 10 'Within ten days after the passage and appro- vial of this ordinance The Denver and Interurban Railroad Company shall file vith the City Clerk of the City of Fort Collins a uenal q bond in the sum of Ten Thousand ("10000) Dollars to be executed by said grantee with good and sufficient surety to be approved by the mayor, runring to and in favor of the City of Fort Collins, and to P i I� I , the effect that it will begin word. upon said railway within the time hereinbefore in Sectior Eight (8) stated, and that it will have built and in actual operation at least the three lines hereinbefore referred to zn Section Eight (8) hereof, on or before tre 1st day of January, I 1908 SECTION 11 The Denver and Interurban Railroad Company �f shall regularly operate its lines of railioad in said City, and shall I ,' give the citizens of the City of Fort Co11.Lns at least a twenty min- 1Iute service betr-een the hours of 6 30 A M. and 10 P li upon the lines of saidyCompgnyls railway leading from the Central Ioop to the i Agrivultural College and to the outer city limits upon the Mountain i Avenue and the Sugar Factory lines , and sucr reasonable service upon other lines of said Company's railway within the City of Fort Collins I as the busiress of said railway company may require SECTION, 1?. The said, The Denvei and Interurban Railroaa Company, grantee, herein, shall upon the acceptance of the frzncb.ise 1 heroin granted, file a bond in the sum of Twenty Thousand ($20,000) 1 Dollars, to be executed by saia grantee with good and sufficient i sure_ty, running to and in favor of the City of Fort Collins, con- �Iaitioned that the City of Forti Collins sb all hmm be saved harmlesm I� from any damage arising out of the exercise by the Railroad Coa+par�y i of the rights herein conferrdd SECTION 13 The -.aid, The Denver and Interurban Railroad Company, shall sprinkle, or cause to be sprinkled,its track upon the streets so occupied and for a distance of at least si. feet on the II outside of its outer rails, PROVID, HOZVL'R, that tl^e City of Fort IICollins shall furnish the crater for said purpose free of charge to said company, and shall locate and mainta.Ln along the streets oc- II` �I 1� II iI i` it cupied by said company"t railway in suitable places, street hydrants in order that the car tanks for such sprinkling purposes may be con- y ! veniently filled therefi"xror" I� I, SECTION 14. As a furtrer cor-ideration for this franchise !f and grant, and all rights hereby conferred, and in addition to the �I regular state, county, city and school taxes, but in lieu of any hcar or other license or occupation tax th,7-t may be assessed, charged i I� or collected, by the City of Fort Collins, The Denver and Interurban) U Railroad Cozrpanj shall pay to the City of Fort Collins, annually within. thirty (30) days after tie first day of January of each year covered by this grant., a sum of money equal to three pen cent (3 0) for tre first ten years 3k' of the term of this franchise, for the second ten years four per cent (41do) , and fife per cent (5J) for the li remainder of the term, of the gross receipts of said company from all it locr? business arising from the operation of said railroad lines �I withi^ the City of Fort Collins, (the business on the lines zo the t� Sugar Factory and to the Driving Parh and Cemetery, for the pur- I� po;,es of this Section to be conGiderea as local business) , ana also I a like per cent upon a proportionate amount of its interurban busir- 1 if ess., such proportionate amount being based upon the mileage ratio of its tracks operated within, to those without, the City of Fort Col- lins for such interurban business, the books of said Railioad Company tl 1 shall at all times be open for inspection by the proper financial �I officers of the City of Fort Collins, fox tihe verification of the statement of gross receipts hereinbefore referred to , PROVIDED , HO'4' ! EVDR, that such percentage shall not be charged or collected upon the gross receipts of said coxrpaW until after the lst d* of January, 70C II I� i -30- I� II SECTION 15 V"henever the said, The Denver and Interurban +� Railroad Compan,j -hall have constructed its line of railway upon any of the strcets hereinbefore set forth, any extension of which i II at the time of said construction shall not be included withim the corporate limits of tie City of Fort Collins , and such extensions of such streets shall hereafter be legally included within the cor- porate limits of said city, then the said Railroad Company shall have and is hereby granted the right to construct, maintains and i operate its said tracks upon the extensions of such streets, and � if at any time hereafter said company shall not have constructed I its lines of railway upon any of such extended streets and shall �I thereafter desire so to do , its right to so construct said track i to such exterded city limits and over such extensions of said I streets, is hereby recognized and confirmed, subjects however, to all the provisions and restrictions of this ordinance, and such zights and privileges over such extensions shall expire in thirty years from the date of approval of this ordinance it SECTION 16 At the expiration of thirty yearsfrom and I` after the date of the applolal of this ordinance, in case the City I it of Fort Collins shall elect so to do, the tracks, poles, NW-1res, cars ana other equipment , and all other property of said, The �! Denver and Interurban Railroad Company used in connection. with the operation of the railroad of said company, in the City of Fort Collins, may be purchased by the said City of Fort Collins, PROVIDED, it shall give one yearls notice in writing of its purpose J to make such purchase prior to the date of the e-­piration of this �Ifranchise, and in case the said City and the saidy The Denver and Interurban Railroad Company carMO agree upon the price to be paid it i � I I I I I -il- 1 by the City for such property o_ the said conpany within the City of Fort, Collins, then the fair cash value thereof shall be determined by arbitration by three disinterested persons, one of whom shall be I u chosen by the City of Fort Collins, one by tre RailroaA Company, and zhe third by the two f.Lrst cnosen, and the decision of the said orbit 1 I Tutors shall be final and binding upon both parties In csse the jtwo arbitrators first chosen cannot iathin ten days after their ap- pointment agree upon the th^i.ra arbitrator, such third arbi.tretot may upon five days notice be appointed by the Judge of the United States Circuit Court for the District of Colorado SECTION 17. The terms and provisions of this ordinnae, together with all rights, privileges and frarchhies granted and I I the obligations imposed, shall inure to The Denver and Interuiban -Railroad Company and to its successors and assigns I� II SECTION 18 All ordinances or parts of ordinances rereto- U fore enacted purporting to grant rights-of-way for any street rail- ivay tbrough or over the streets of tl e City of Fort Collins, and all inchoate rights -herein suggested are iereby forfeited and anrulled I fo "lonruser SECTION 19 This franchise and grant of right-of-lay and privileges is limited in time to Tnirty (30) years from the date of its I approval by the MRyor of said City he foregoing ordinance was introduced and read at a regular adjourned meeting of the Gity Goalicil of the Gity of Foit Gollins,Golorado,on tie 2nd dayiof ouly,A D 1906,and was published in the rvening Gouriei ,a daily newspaper' of general circulation published in said city,ard that the first publication of said ordinance, was in the is.,ue dated Julv 7,A D I906,and that the last publication was in the issue dated July 2IA, 906 Ind waQ duly passed and adopted by Qaid city council at the regu>�'a 1 eFtin t ere d on the23day of ,A D,3996 Mayor Attest Gity Gtllerk / I Last publication in the Ycre 0���/` �u� ce�✓ Z°s ►/ / '4