,v,
THE COOS BAY TIMES MARSHFIELD, OREGON, SATURDAY, JUNE 5, 1909 SVENING EDiTiOK
TEXT OF MARSHFIELD STREET CAR FRANCHISES
fiUncisb SOUGHT v J. M.
BL.1KK FOIl COXSTKUCTION
ASi OPERATION OF ELKCTIUO
LIXB IX MARSHFIELD.
Below Is given the full text oltbo
Rtreet-car franchise Mch la sought
Z j M. Blake. The city council
has It under consideration. In
Renting the franchise. Mr Blake
laid special stress on the regulations
iverning the water front lines In
-relation to terminal service to bo
dven other companies and also to
the provision concerning any transfor
.of the franchise
The franchise as asked by
Blake is as fallows':
4n ordinance granting to J
i-i,. his heirs -and assigns
Mr.
M.
the
rIght to Install, -build, equip and
operate a single and double track
railway system upon certain streets,
avenues and other public places in
the city of Marshfleld, county of
Coos, state of Oregon, and to con
struct, maintain and use over-head
-n-lres and underground conduits and
conductors for conveying electricity
therefor and erecting, maintaining
and using poles for wires to bo used
-In conveying electricity
The City of Marshfleld does ordain
as follows:
Section 1. That there be and
hereby is gi anted to J. M. Blake, his
-heirs, successors and assigns, the
Tight to install, construct and oper
ate single and double track railways
In the City of Marshfleld, county of
Coos and State of Oregon, for the
carriage of passengers, express, bag
gage, mail and freight; and to that
end to lay down, build, construct,
equip, maintain and operate a single
or double track railway to be oper
ated by electricity or other motive
power, except steam, together with
side tracks, switches, turn outs,
crossings and connections over,
along and upon the following nam
ed streets, avenues and other public
places In said City of Marshfleld and
on and across all Intersecting streets,
avenues and alleys necessary to com
plete a continuous line: to-wlt:
Front street, North; Front street,
South; Broadway North; Broadway,
South; and Kru-e avenue. East; ac
cording to the piat and map of the
City of Marshfleld, Coos county, Ore
gon, prepared by H. G. Butler In
March, 1909, and compiled from of
ficial plats, with streets named In
accordance with Ordinance No. 34S
passed by the city council of said
City of Marshfleld, January 20th,
1909.
Section 2. Said grantee, his heirs
and assigns, shall have the right to
install, construct, maintain and
operate the necessary tracks, passing
tracks, curves and connections and to
construct any and all other appur
tenances proper and necessary to the
operation and management of said
railway, together with poles, over
head wires and feed wires, and to
construct proper and necessary con
duits, tubes, manholes and surface
plates and other connections on,
over and beneath the surface of said
streets, together with all proper and
necessary equipment In the prem
ises, but said poles shall not be less
than 125 feet apart and shall not
be maintained In the center of the
street, or In a position to obstruct
travel.
There shall be left as near the
"upper end of the poles erected under
this ordinance as possible and prac
ticable, room for the construction of
a cross arm, which shall be reserved
for the exclusive use of the City of
Marshfleld to carry wires for city
"business, such as for Are -and police
alarm signals and a telephone sys
tem for said departments.
Section 3. The rails of said rail
road shall be laid so that the tops
are flush with the top of the grade
of the street. At the intersection
and crossing of all streets, It shall
be the duty of said grahtee, his
Tielrs and assigns to plank over the
entire surface between the rails, and
one plank outside the outflldo rails
for the entire width of such Intersec
tion. Such planks shall not be less
than two Inches thick and shall pres
ent an even surface at the top of the
rail, and shall be securely splke'd and
fastened In place and shall be kept
and maintained In good and reason
ably safe and proper condition 'by
the grantee, his heirs and assigns.
Section 4. It shall be the duty
of the grantee, his heirs and assigns
to All In all spaces enclosed between
said rails and the outer edge of said
tracks with road gravel or other
suitable ballast, so that said gravel
or other ballast when packed In
Tlace shall be "flush -with the top of
said rails and shall be so kept and
maintained as nearly as practicable
by the grantee, his heirs and as
signs. The tracks herein authorized shall
be of standard guage and laid as
nearly as practicable In the middle
of the street and If there should be
two track3, the distance between
them shall not be greater than Is
necessary for the convenient and
safo passing of cars thereon.
Whenever the City of Marshfleld
shall by ordinance change the grade
of any street occupied by the tracks
constructed Under this ordinance,
said grante, his heirs and assigns,
3hnll at his or their cost and ex
pense change th tracks to conform
to said grade within sixi.y days aft
er receiving" due notice to make such
change and falling to do so, the
city may make such change, and
collect the cost of the same, with 10
per cent additional penalty In the
manner prescribed by law.
Section 5. At any time when the
city paves or macadamizes or other
wise Improves any street, or part of
street, occupied by the tracks here
in authorized, the grantee, his heirs
and assigns, shall pave, macadamize
or' otherwise Improve at his, or their
own cost and expense and under the
direction of the city council or other
proper authority of tho city, all the
space between the outer rails of the
track and for one foot on the out
side thereof. Such work shall be
completed wlthlr thirty days after
tho completion of tho work done on
the same street by said city and shall
be maintained in good repair by
said grantee, his heirs and assigns.
Should he or "they fall or omit to
make such Improvements and keep
tho same In good repair as herein
required said city, without waiving
any of the terms or conditions of
this ordinance, may Improve such
portions of the streets aforesaid or
repair the same as the case may be
and the cost thereof, with 10 per
cent additional shall be charged
against said graiitee, his heirs or as
signs, to be recovered as provided by
law.
Section C. Whenever the right
shall hereafter be granted by the
City of Marshfleld to any person, as
sociation of persons or to any cor
poration to lay street or other rail
way tracks across the tracks owned
by said grantee his heirs or assigns,
such person, association of persons
or corporation shall be required to
put In at his, their or Its own cost
and expense, whatever appliances
may bo necessary for the proper
crossing and non-interference with
the motive power of the said gran
tee, his heirs, or assigns.
Section 7. Cars shall be run upon
a regular time schedule every, day
between the hours of seven o'clock
A. M., and 9 o'clock P. M.f
except In case of riot, acci
dent, strikes, the act of God, judi
cial Interference and defects or ob
structions of bridges or streets over
which the grantee, his heirs and as
signs have no control.
The city hereby reserves the right
to make such regulations as to the
speed of running cars on said rail
ways, as the public safety and
necessity demand. The rate of fare
shall not exceed Ave cents for any
passenger traveling In one general
direction within the limits of the City
of Marshfleld., Paid members of the
police force and of the Are depart
ment in uniform and mall carriers
In the service of the United States
while on duty shall be carried free
upon the railways operated under
this ordinance Members of tho
police force on duty in plain clothes
shall likewise be carried free under
the rules of the grantee, his heirs
or assigns oreretlng said railways;,
excepting that for riding In or tho
use of observation cars, funeral
cars, party cars and other special
cars for the carriage passengers, the
grantee, his heirs or assigns may
charge and collect such compensa
tion, rates and fares as may be de
sired, provided the same be Axed at
a regular and uniform rate.
Section 8. In moving mall, bag
gage, express and freight over the
line of said railways, the cars shall
be so managed us not to stand upon
the streets or to block traffic or
travel upon the Streets except so far
as may bo necessary In tho ordinary
operation of the cars. Freight Bhall
not be loaded or unloaded on said
cars on the street. Tho grantee, his
heirs or assigns, shall not build un
der this ordinance any platform or
other structure In any street or alley.
The cars used therefor shall con
form In general appearance to tho
passenger car used upon said rail
ways, except In the number and
location of windows and shall bo
painted nnd varnished In the same
manner as said passenger coaches
and shall not bo unsightly or offen
sive; provided, that nothing herein
shall be construed to prevent the
grantee, his heirs and assigns, from
hauling, In cars suitable for the pur
pose any coal, logs, lumber, live
stock or other freight over any of
the lines of railway aforesaid, except
the line of rallruad located on Broad
way, North, at such hours and under
such rules and regulations as may
be approved by said City of Marsh
fleld. Section 9. The City, of Marhsfleld
expressly reserves- the right and pow
er to permit and allow any and eve
ry railroad company which shall de
sire to run Its freight or passenger
cas or trains of cars Into or
through the City of Marshfleld and
any person, Arm or corporation who
shall desire to receive any freight
cars at any warehouse or factory In
said City of Marshfleld to connect
with the tracks of said grantee, his
heirs or asslgnswlth proper spurs and
switches and to require said grantee,
his heirs and assigns to receive said
cars or trains of cars and transport
and switch the same on and over
said tracks at such uniform and rea
sonable rate, in such manner, at
such times and under such regula
tions as the said City of Marshfleld
may by ordinance or resolution Ax
and order.
Section 10. The franchise and
privileges herein granted shall con
tinue for a period of 35 years from
and after the date this ordinance
soes Into effect, provided the gran
tee, his heirs or assigns shall com
mence the construction of said rail
ways upon a graded street covered by
this ordinance within four months
after the lawful passage hereof; and
provided further that a continuous
line of railway one mile In length
upon graded streets in said City of
Marshfleld shall be completed and
In operation within twelve months
after the commencement of said con
struction by said grantee, his heirs
or assigns; provided, further that
all the lines of railway provided for
by this ordanance shall be complet
ed within eighteen months from the
date of the passage of this ordin
ance. In default whereof the pri
vileges hereby granted may be for
feited at the option of the city coun
cil upon a resolution passed for that
purpose.
Section 11. The grantee, his
heirs or assigns shall accept this or
dinance, by writing properly sub
scribed and flled In the office of the
Recorder of the City of Marshfleld
within 30 days after Its approval.
He or they shall likewise execute and
deliver to the City of Marshfleld
within 30 days after work has been
commenced upon the construction of
said railway, a good and sufficient
bond In the sum of Ave thousand
dollars, with sureties to be approved
by the Mayor, conditioned to save
and hold the City of Marshfleld
harmless from any and all damages
or claims which may arise by rea
son of the construction, maintenance
and operation of said railway or any
part thereof. Unless such accep
tance and such bond bo so flled, tho
rights herein conferred shall lapse.
Section 12. This franchise is
granted upon the express condition
that the same shall be assigned by
the grantee or hlB heirs within the
time herein limited for tho com
mencement of the construction of
tho railway hereby authorized, to a
public service corporation to be
known as tho Union Traction and
Terminal Company of Coos Bay to
be organized under the laws of the
State of Oregon with sufficient cap
ital and an ample charter of pow
ers to permit the carrying out of
the full intention of tho City of
Marshfleld to provide railroad trans
portation service along tho water
front of said City, which said service
shall be furnished to any and all
person or persons, Arm oi firms, cor
poration or corporations, who may
own or operate a railroad or rail
roads outside the limits of said city
and who may desire to enter or pass
through said city with its cars or
trains or cars. Before the grantee
or his heirs shall sell, assign, set
over or transfer this franchise or
any of the rights herein granted, to
such corporation he or they shall
fllo with tho Recorder of the City of
Marshfleld his statement In writing
of his or their Intention so to do
and such corporation shall fllo with
the same officer of said City of
Marshfleld a certified copy of Its
articles of Incorporation, and such
assignment shall not be offoctual un
loss approved by resolution of tho
council of said city. In tho event
ORDINANCE DRAFTED I1V CITI
ZENS COMMITTEE TO REGU
IjATE STREET-CAR SERVICE IN
THE CITY OF MARSHFIELD.
Below Is given the full text of the
electric line franchise drafted by a
special citizen's committee .compos
ed of W. U. Douglas, Win. Grimes,
C. W. Tower, Henry Sengstacken
and R. F. Williams as one that would
bo fair both to the city and to the
person or company building the line.
In submitting it to the council, the
committee stated that they had been
guided In drafting It by franchises
of other cities of the northwest and
that they had made It as simple as
possible, leaving many things to be
regulated from time to time as the
city council might In the future
deem necessary. Also that the fran
chise was not drafted for any cer
tain party or corporation. The full
text of It Is as follows:
An ordinance granting to
a corporation, its successors and as
signs, the right to construct, main
tain and operate an electric street
railway In the City of Marshfleld,
Oregon; to construct, maintain and
use poles, wires and underground
conduits and conductors for tho con
veying of electricity therefor.
The City of Marshfleld does ordain
as follows:
Section 1. That there be and
hereby is granted, subject to the
terms, conditions restrictions and
provisions In this ordinance con
tained, to , Its successors
and assigns, the franchise, right and
privilege to lay down, construct, re
construct, maintain and equip a
standard guage railway and operate
the same upon with neces
sary and convenient switches, cross
overs, side-tracks and turn-outs;
also the right to connect together at
street Intersections by convenient
curves and connections any line of
railway in this ordinance enumerat
ed or that may be hereafter con
structed or acquired along or upon
any of tho streets, avenues or public
highways herein enumerated so as
to conveniently operate cars there
over. Section 2. Said Its
successors or assigns, may only
that tho same shall be approved, said
Union Traction ond Terminal Com
pany shall forthwith file a good and
sufficient bond with said Recorder
as required by section 11 of this or
dinance. The failure to comply
with the requirements of this section
In all respects shall be deemed a
waiver and abandonment of all the
rights granted under this ordinance
and all luch rights shall be forfeited
and of no effect without further ac
tion on tho part of the City of Marsh
fleld. Before the .Union Traction and Ter
minal Company, Its successors or as
signs shall sell, arslgn, lease, set
over or transfer this franchise or
any of the rights to another corpora
tion, the said Union Traction and
Terminal Company, Its successors or
assigns as well as the assignee cor
poration shall comply with the re
quirements governing tho assign
ment of this franchise by the gran
tee or his heirs and assigns to tho
Union Traction and Terminal
Company; but nothing herein
contained shall affect the
right of tho Union Traction and Ter
minal Company, Its successors or as
signs, to mortgage or bond the privi
leges herein granted and the prop
erty operating tho system without
tho permission of the City of Marsh
field or tho filing of such statements
or copies of any articles of incorpora
tion; but in case of sale on fore
closure, the purchaser shall file with
the Recorder a declaration of owner
ship and give the bond as above re
quired within three months after en
tering into possession under such
sale; otherwise this- franchlso to
him, they or It shall be null and
void.
Section 13. Tho grantee, his
heirs and assigns, Is hereby granted
tho right to string telephone and
telegraph wires on the poles erected
under thlB ordinance to bo used In
tho operation of Its cars.
Section 14. The City of Marsh
fleld reserves the right to provldo by
ordinance proper penalties for the
violation of any reasonable rate,
rule or regulation which may bo
Axed or adopted by It under tho re
served powers contained In section
9 of this ordinance, or for tho re
fusal of tho grantee, their successors
or assigns, to, carry out or enforce
any of tho conditions and provisions
of this franchise.
operate or propel over and upon the
railways enumerated In this section,
by means of overhead or under
ground electrical power or storage
batteries, and for the purpose of
operating said railway and propel
ling said cars and for conveying
power and olectrlcal currents, may
put up, erect, maintain and use
poles and over-head wires, and lay
down, . construct, maintain and use
underground slots and conduits and
underground wires, conductors and
cables; provided however, that said
, Its successors or assigns,
may use and operate steam or other
motive power In building, construct
ing or repairing said railway.
Section 3. The tracks of the rail
way constructed under authority of
this ordinance shall be laid as nearly
as practicable in the centers of the
streets and flush with the establish
ed grades thereof given by the City
Engineer so as to Interfere as little
as possible with other public uses
of the street. And said railway shall
be constructed In such a manner as
not to unnecessarily obstruct or In
terfere with the use of the streets,
alleys and highways of said city by
the public; and said railway together
with the poles, wires, conduits and
other apparatus shall be erected,
constructed and maintained in a
good workmanlike manner, so that
whenever or wherever electrical
currents are used or employed In or
about the use of the franchise by
this ordinance granted, tho same
shall be so constructed with such
necessary appliances as will control
and effectually contain such currents
In their proper channels and on Us
or their own wires, tracks and other
structures, so as to prevent Injury to
the property, pipes and other struc
tures belonging to the City of Marsh
field or any other person or persons,
firm or corporation, wtthln said city;
and shall operate said means and
appliances and from time to time
change and improve the same as
may be necessary to accomplish said
purpose, as Its or their charge or
expense, and at Its or their risk.
Section 4. Said railway shall bo
constructed In the center of tho
streets, except In the case of
switches and turn-outs, except also,
such curves .as are necessary for
connecting up different streets, pro-
! vlded such curves, switches and
turnouts are constructed so as not
to Interfere with the safety, trhvel
and convenience! of the public, more
than Is necessary, and in no event
shall there be more than two tracks
along any one street, except, how
ever, connections between said
tracks; and If there shall be two
tracks, tho distance between tho
tracks from rail to rail shall not be
more than six feet, nnd all the rails
shall not bo less than sixty pound
to tho lineal foot.
Section 5. Any grade or grades
of any street or streets which shall
be changed after such tracks are
laid down, the said , Its
successors or assigns, shall chango
said tracks so as to conform with
the new grade, within a reasonable
time thereafter, and will pay Into
the, City Treasury such proportion of
the cost of changing said grade, ex
cavating, bridging or filling said
street to said grado as the amount
of' space used and occupied by Its
tracks and ono foot on each side,
shall bear to the whole of said im
provement. Further that it will pave or cause
to be paved In conformity with the
ordinance requiring the whole of
said street to be paved, that portion
of tho street occupied by Its tracks,
to-wlt, between raid tracks and one
foot on each side thereof; provided,
however, that such paving between
said tracks shall be of such mate
rial as by ordinance required, and
the said , its successors or
assigns, Bhall pay said money Into
said city treasury on or befcro tho
time tho money due' from tho prop
erty holders upon the assessment
for tho Improvement of said street
shall become due and payable, and
In the event that said street shall
be Improved at tho expense of tho
lty and not by assessment of tho
property or propi-rty owners, thon
In that event said money shall be
come duo and payable as by ordin
ance fixed. And tho said ,
its successors or assigns, shall keep
the said portion of said street In re
pair, under the supervision of the
proper city officers.
Section C. The right hereby
granted to operate and propel cars
by electricity over said track Is a
right to operate such cars for the
purpose of carrying passengers only,
excopt as hereinafter, provided, and
not otherwise. The cars used by
-, its successors and
assigns, upon the lines of railway
authorized by this ordinance shall bo
of approved construction for tho
comfort, convenience and safety of
the passengers a:id for the protec
tion of the public, and the said
, Its successors or assigns.
ehall operate and run the same for
the purpose of carrying passengers
upon said railways after tho sanio
ehall be completed as in this ordln
pnee provided, every day from six
o'clock A. M. to nine o'clock P. M'.,
and to-wlt., one car In each direc
tion every sixty minutes during said
day, except, , however, In caso of
riots, strikes, accidents, the act of
God, or judicial Interference, or
whore prevented by defects or ob
structions upon the streets or
bridges herein mentioned, and any
violation thereof shall be a sufficient
cause for the council to annul tho
franchise.
Section 7. The City of Marshfleld
expressly reserve? the right at all
times during the life of this ordin
ance to reasonably regulate the speed
at which said cars of tho said
, Its successors or assigns.
shall be operated, and do make any
and all reasonable and .necessary
regulations for tho public safety,
health and convenience, and no
cars shall be allowed to stop or re
main still upon any intersection of
street or streets, but all stoppage
(hereof must be on ono side of salcT
Intersection, and such cars shall not
remain still or standing thereon any
greater length of time than Is ab
solutely necessary for the getting on
and off of passengers with safety
thereto, except, however, In case of
breakdowns, accidents or obstruc
tions. Section 8. Tho , itl
successors or assigns, Is hereby
granted the right and privilege to
propel and operate cars for the
transportation of freight over such
railway upon what Is now known as
Broadway and Front street betweon
tho hours of eleven o'clock P. M. and
six o'clock A. M of each or any day
and not otherwise, and any viola
tion thereof shall bo deemed a for
feiture of this franchise and tho
council may proceed as In this or
dinance set forth to annul and de
termine the franchlso herein grant
ed, and any and all rights there
under. Section 9. This franchise Is
granted solely with the complete and
full understanding on tho part of tho-
City of Marshfleld and the ,
Its successors and assigns, that tho
said , Its successors and as
signs, will upon request from any
person, railroad or corporation,
delivering to it or upon Its tracks,
or any of Its tracks which may bo
connected with the tracks laid upon
Iho streets hereinbefore mentioned
any car or cars for switching1 or
transportation to any point along lts
rlght of way or railway, It will ro
colve tho same and transport or
cause to bo transported or propelled
to such point as shall be designated
along' its tracks, with all possible
dispatch and without unnecessary do
lay at a reasonable and just com
pensation; and Biich service and tho
compensation charged, therefor must
bo reasonable and uniform and of
a like amount and manner to all per
sons, corporations or railways, and
any violation of this section, upon
tho part of the said , Its
successors or assigns, olther in re
fusing to accept and deliver, or do
laying unnecossarlly and unreason
ably the delivery thereof of such
cars, or exacting or charging un
reasonable rates for such service, or
discriminating In such service shall
act as a forfeiture of this ordinance.
Section 10, Nothing In this or
dinance or any right, privileges or
franchise granted by this ordlnancc
shall bo construed to prevent l;he
municipal authority of the City of
Marshfleld from sewering, grading,
paving, planking, macadamizing,
Improving, altering or repairing any
of the streets or bridges over which
tho railways authorized by this or
dinance aro constructed or operated,,
but such work shall bo dono bo as
to cause as little obstruction or hin
drance as posslblo to tho passago of
cars and tho operation of said rail
way, and the owner or owners thoro
of shall have tho privilege of raising
or shifting tracks so as to avoid as
much as possible obstruction of tho
operation of cars during tho pro
gress of such improvement.
Section 11. If tho said ,
Its successors or assigns, shall fall
to perform or comply with any of
the conditions or regulations of Its
part herein to b performed, such
(Continued on Pago 7.)
the said
'JX&JL