USA > Iowa > Polk County > Des Moines > Des Moines and Polk County, Iowa, City Directory 1869 > Part 23
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Termn.
SEC. 10} The right herein grantell to said company to operate said railway, shall be exclusive for the term of thirty (80) years from the time the first mile of said track is laid and cars running thereon, and the said City of Des Moines shall not, until after the expiration of said term grant to or| confer upon any person or corporation any privileges which will impair or destroy the rights and privileges herein granted to suid company.
Railroad to fair grounds, to.
Sec. 11. . After the year A. D. 1875, whenever there may be any fair-grounds, or any other place of public resort in or near the suburbs .of the city, to or near which the said railway company shall have no track laid con necting the same by a direct route with some central part of the city, or with some other route
running into some central part of the city, and it may be deemed for the public interest to have a street railway built to op near such fair grounds or other place of public resort, the City Council may, by a two-thirds vote require said company to build such direct, or connecting route; and if said company in such case fail , or neglect to build buch route within one year from the time of being notified of such requirement to build such direct or connecting route, then the City Council shall have power to grant such right to any other responsible company that may be ready to build and equip such direct or connecting
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STREET RAILROADS !!!
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route within the same time and run the same upon the same terms as the SEC. 12. first day of company to which this grant is made. Said company shall annually, on or before the Report bet February of each year, furnish to the City pceipts .; Treasurer a statement of the net receipts of the company. for the year preceding, ending on the first day of January then nexti which said statement shall be subscribed and sworn to by the Secretary and Treasurer of the company, and there shall be levied on such net receipts a tax of three per cent for city purposes, which tax shall become delin- quent at the same time and be collected in the same manner as other taxus; and such tak from the time of such levy shall be a lien upon the property and franchises of said company, In the same manner and to the same extent that other taxes levied by the city are liens. If such sworn statement as is atore required is not made and filed with the City Treasurer within the time above prescribed, the City Treasurer shall ascertain as near as may be such net receipts, and the city tak shall be levied thereupon as above provided. And the city tax. tax hereinallove provided shall be in lieu of all taxes and assessments for all city purposes upon the property of said company, and of the right, property or interest of any person in the same, and the property and stock of 'said company, and the members thereof, in the same shall not be taked in any other manner for any municipal purpose.
Sko. 13. The cars or carriages of the company shall be Rules. run upbh and along the tracks of said railway company in -- 1
conformity with the following rules and regulations, to-wit: (1) ] No |car shall be run at a greater. rate of speed than speed. sik toiles an hour.
(2.) While cars are turning corners from one street to purning cor- another, the horses or mules attached thereto shall not be here driven faster than a walk.
(3) | Cars driven in the same direction shall not approach Cars approach- each other nearer than a distance of two hundred feet, 18. except in cases of unavoidable necessity or accident, or when cars are near at stations.
(4) No car shall be left to remain standing on any Not to stand on street at any time, unless a team is attached thereto, and the street. ' same is waiting for passengers or for other proper purposes. habe (51) No car shall be allowed to stop on a cross-walk Nor on eross -- nort in front of any intersecting street, except to avoid ing. collision, or to prevent danger to persons in the street; or to; take on or leave off passengers.
(6.) The conductors and drivers employed by said
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CITY
ORDINANCES.
Conductors u e company shall use reasonable care and diligence to prevent care. injury to persons, and on the appearance of danger to any one on or near the track, the cars shall be stopped when, by so doing, such injury may be averted.
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Samo.
(7.) | All proper care shall be used by conductors and drivers to prevent injury to teams, carriages, wagons, land other vehicles. (8.) The conductors shall use proper diligence to prevent ladies, or children under twelve years of age, from leaving or entering the cars while in motion
ยท Samo -- ladies
xad children.
Announce the tinet tone, the vanfes of |all streets drossed .
mune of streets
(9.) Conductors ishall announce to passengers in a dis- the cars approach] such cross streets, and they shall observo the same rule when nearing the track of any other railw ty-company. (10.) |:The cars after sunset shall be provided with sigujal
Signal lights. lights.
Stations.
(11 ) | No car shall remain standing at any of the stations more than ten minutes, except at stations for. watering horses, and at each end of the lines, and the stations nearest the passenger depots of other railway-companies ; lat which excepted stations they may Bland a longer time.
Acceptance.
SEC. 11 Wich n thirty days from the publication of this ordinance said company shall file with the City Clerk a written acceptance of the grants ; hereinabove malle, with the conditions, regulations and limitations above expressed, signed by the President and Secretary of said company, and when iso necentedf this ordinance shall operate as a contract between thej city and said company, and upop failure to file such heceptance as aforesaid, then the above grant shall not beccme operative to vest any rights, privil- eges, or franchises whatsoever
SEC. 15. This o; dinance shall take effect from and after! its pubheation in the Daily Iolea State Register.
'Passed Dec 10, 1800: Fiblishod Dee. 14, 1868.
CHICAGO ROCK ISLAND & PACIFIC RAILROAD-COMPANY. -
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NUMBER 29.
RIONIT-OF WAY TO THE OHIOAGO, ROOK ISLAND AND PACIFIO
RAILROAD-COMPANY.
AN ORDINANCE Granting the Right-of-way to the Chicago, Rock Island und. Pacino Radrend Company, ovor; acrom and a) us Market, Vino, lund other Streets and Alloys through the City of Her moines, And the light to Bridge the Des Moines Hiver on line Stress to said Chy.
SECTION 1. Belil obtained by the City Council of the City Grant if It's moches, That the right of way to and is hereby granted to the Chicago Rock Island and Pacific Railroad- Company through the fity of Des Moines po Market street i from the south-west corner of Block Topoty-seven (27) in) Brooks' Addition to the City of Des Moines, to Ninth street in hesfast side of the Des Moines River ; on Vine street from | Tenth street on the east side of the Des Moines River to the frestern terminus of said street on the west side of paid river, and over, and across, and along such other streets and alleys as it may be necessary to use and occupy in the construction of said road from the point where it will inter- secti the eastern boundary of the city of Des Moines to the point where it will first intersect Market street, froin the most westerly point at which it will leave Market street to the point where it will interscot Vine street, from the most westerly point where it will leave Vine street to the point where it will intersect the western boundary of said city, : with the right to lay flown a single or double track, with side tracks, turn-outs and switches on the same, and to run such locomotives and trains of cars over the same as may be necessary in the operation of said road, and at such reason- ablefrates of speed as may from time to time be fixed by the Baid City Council of Des Moines : Provided, however, that Not crolusive. said right of way shall not be exclusive a's to those portions bfisaid streets and alleys not needed for the tracks of said road; and the city heroby reserves to itself the right to grant to any other railroad company the right to pass over and across said streets and alleys with its track in such man- ner as not to interfere with the use of the tracks of the said Chicago, Rock Island and Pacific Railroad and, provided further, that the said railroad company shall build their said road on the grado of the city, or upon such grade as may be agreed upon by the city and said railroad-company. SEC 2. Be it further ordained, That the right to build Bridge. and operate a railroad-bridge over and across the Des
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CITY: ORDINANCES.
Moines river cu Vine street in said city is hereby granted to the Chicago, Rock Island and Pacific Railroad-Company.
Conditions.
SEC. 3. Bilt further ordained, That the grant made in the first section of this ordinance is upon the express con- dition and consideration that the railroad of the said Chicago, Rock Island and Pacific Railroad-Company shall be built and running into the city of Des Moines by the first day of January, 1868; and that the grant made in the second sec- tion is upon the express condition and consideration that said brillge shall be built across' said river within two years from the passage of this ordinance: provided further, that the tracks of said railroad shall be constructed as nearly as practicable in the middle line of said streets und so as to leave at least eight feet on each side of said streets between the sidewalk and the said track or tracks except on Vine Street east of Fourth street, East Side, where said Chicago, Rock Island and Pacific Railroad shall build their track on the north half of said street: provided further, that said railroad-company shall not obstruct the cross-streets inter- sected by their The, by
leaving trains of cars standing on their track, where said track is intersected by said cross- streets.
Acceptance
Sec. 4. Bei further ordained, That this ordinance shall operate as a contract between the City of Des Moines and the said Chicago, Rock Island and Pacific Railroad-Company, it, the grant heten maple shall be accepted by the eald Chicago, Rock Island and Pacific Railroad-Company, which acceptance shall be entered upon the records lof the City Council.
SEC. 5. Be Afurther ordained, That this ordinance shall be in force from and after its, publication in the Daily Iowa State Reyister.
Passed Nov. 8, 1863 : |Published Nov. 14, 1866.
NUMBER 30
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GRADES FOR CHICAGO, ROOK ISLAND & PACIFIC RAILROAD.
AN ORDINANCE Establishing the firade on which the Chicago; Rook Island and Pacific Railroad may be Constructed through and along Vino Street, in the City of Des Muinds.
SECTION 1. Be it ordained by the City Council of the City of Des Moines, That the Chicago, Rock Island & Pacific Railroad-Company is hereby authorized to construct the
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GRADES
FOR RAILROAD!
railroad of said company through and along Vine street, inj the city of Des Moines, at the following grades, calcu- lated from the datum line established by Section One of " An Ordinance establishing grades," being Number Twenty-four of the published ordinances of said cityy to- wit :
ON THE EAST SIDE OF DES MOINES RIVER.
Center of Sixth street above datum Ine! 23:43 Grades.
Center of Fifth street above, datum line! 23:43
Center of Fourth street above datum line! 23:43
Center of Third street above datum line! 23:91
Center of Second street above datum line. 26:29
Center of Front street above datum lineil ..
26:53
ON THE WEST SIDE OF DES MOINES RIVER:
Center of Water street above datum line 26:63
Center of Second street nhove datum dine 25:23.
Center of Third street above datum line .. 24:43
Center of Fourth street above datum line 24:43
Center of Fifth street above datum line .:
24:43
Center of Sixth street above datum line !.
25:66
Center of Seventh street above datum lin 27:11
Center of Eighth street above datum line.
28:57
Center of Ninth street allove datum line. 28:43 Center of Tenth street above datum lind .. 28:63
Center of Eleventh street above datum line
27:00
SEc. 2. All grades between the points above mentioned shall be uniforto betiveen any two given points, next to cach other.
SEC. 3. The said Chicago, Rock Island and Pacific Rail- Remove earth. road, Company's hereby authorized to take and remove any earth now lying and being in Vine street on the west side of the Des Moines river, between the east line of Sixth street und the vest line of Eleventh street, above the grades above specified, and not to exceed cleven feet from the center of their road bed, and such additional carth as may be necessary for slope, and use the same in the construction of their road-bed through the city of Des Moines ; but this shall not be construed to prevent the City of Des Moines from removing such earth before it is used by said railroad. , i. company. :
SEC 4. That from and after the acceptance in writing of Acceptance. the provisions of this ordinance by the said Chicago, Rock 6
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CITY | ORDINANCES.
Island and Pacific Railroad-Company, and the filing of the same in the office of the Mayor, this ordinance shall have. the binding forco and effect of a contract between the City of Des Moines and the said railroad-company. SEC. 5. The said railroad company shaley lini the construction of its road, make sufficient wato \ways or culverts at such street-crossings as the Street |Committed shall direct.
Water-ways.
SEC. 6. This ordinance shall its publication in the Daily Iowa State Register.
be in force from and after
Passed August 21, 1867 Published August 22. 1968.
NUMBER 31.
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RIGHT-OF-WAY TO IOWA AND MINNESOTA RAILWAY-COMPANY.
AN ORDINANCE granting the Right-of-way to the Iowa & Minnesota Rail. way Company over, across, and upon cortdin Streets, and Alleys in the City of Des Moines
tirant
SECTION 1. Be it ordained by the City Council of the City of Des Moines That the right of way be and the same is hereby granted to the Iowa and Minnesota Railway-Company, a corporation existing under and by virtue of the laws of the State of Iowa, over, across, upon, and along the streets and alleys in the city of Des Moines, in Brooks & Co.'s Addition to the city of. Des Moines. Also Market, Twelfth, Eleventh, Tenth, Ninth, Eighth, Seventh, Sixth, Fifth, Fourth and Vine streets, in Demoine Addition, and such alleys as may be crossed or traversed by the main line or Bide-tracks of the said railway in Blocks Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Nineteen, Twenty, Twenty-one (l'wenty-two and Twenty four in said " Demoine" Addition; and Third street, Court Avenue and Walnut street, in Scott & Dean's Addition, and such alleys as may be crossed or traversed by the main line or side-tracks of said railwaylin Blocks Three, C3, IL, and I, in the said Scott & Dean's Addi- tion, and Bates, Keokuk, and Des Moines streets in East
Fort Des Moires |Addition, and such other streets and alleys as may He crossed or traversed by the main line or sidde tracks of the said railway in Blocks Six, Seven and Eight, in the said East Fort Des Moines Addition; and Walnut Avenue, and such other, streets and alleys as 1
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NIGHT-OF-WAY TO IOWA AND MINNESOTA : RAILROAD.
1 may be crossed or traversed by the main line or sidet ilbacks of the said railway in the addition known and incorded as Griffiths' but lots, and that there be hereby granted unto the said | railway company. consent and authority to build and lny all necessary and convenient tracks, double and single, turn-outs and switches, over, across, | won and along said streets and alleys; and all of them, for the use of said railway company, and to run their locomo- tites and trains of cars upon and over the same at such rates bh speed as may be from time to time fixed by said City Council: provided, the rights and privileges above granted shall not be exclusive or prevent said city from granting to any other railroad-company the right of-way upon the same streets and alloys in such manner as not to interfere with the rights herein granted: and provided further, that the said railway company shall build ite road so as to conform to the established grades of the streets over and upon which it is built, wherever and whenever such grades arb established : and provided further, that nothing in this ordi- hance shall be construed to impair in any manner the grants made by the City of Des Moines to the Chicago, Rock Island and Pacific Railroad Company. . Sko. 2. Said railway company shall, before exercising Acceptance. he rights and privileges above granted filet with the City Werk a written acceptance of the grants contained in this ordinance! with all the conditions and limitations therein expressed !.
SEC. 3. Be it further ordained, That the grant made in Conditions. the first section of this ordinance is upon the express condi- tion that the railroad of the Iowa and Minnesota Railway- Company shall be built and run into the City of Des Moines by the first day of January, 1871: provided, further, that the tracks of said railroad shall be constructed as nearly as practicable to the middle line of said streets, so as to leave at least eight feet on each side of said streets between the sidewalk and said track or tracks, exception Vine street. east of Fourth street, East Side, where said Lowa and Min- nosota Railway- Company shall build their track, on the south half of said street : provided, further that said railroad- Not have can't company shall not obstruct the cross-streets intersected by on cross-stroota their line, byleaving cars standing on their track, where said track is intersected by said cross-streets! ; 4 Sko. 4. | This ordinance shall take effect from and after its publication in the Daily State Register. Passed Dec. 00, 1866| Published Dec. 14, 1866.
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CITT ORDINANCES.
NUMBER 32. 1
AN ORDINANCE for the Grading of Streets and the Construction of a Levee for the Preservation of the Health and Property of the Inhabitants of the Cily, and the Borrowing of Mibney by the Issuing of Ronds for the Payment thereof.
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WHEREAS, The Des Moines river is subject to overflow within the limits of the city of Des Moineshiand thereby. damaging the property of its citizens; and, !
WHEREAS, The means arising from the ordinary source of . revenue are insufficient to protect the same, and to pay for the necessary grading off its streets and alleys; therefore,
- SECTION 1. Be it ordained by the City Council of the City of Des Moines, That a levee shall be constructed in said city on the east side of the Des Moines river, beginning at a point on! the north line of, said city, near where said lise
Levee.
Extent and Find.
intersects with the cast bank of said river, and thence sous. ward along and pear said bank to the center of the crossn g of Dehn street and Walnut Avenue ;! thence down sacd De h and Front streets to Raccoon street, and thence along ail near said bank to the east line of Section Ten, Township Seventy eight, north of range I'wenty-one, west if fifth principal meridi un, and from theuce ; northerly to the line bf the Valley Railroad. Also, that Bates and Second streets (East Side) shall be raised their full width to, the established grade of the city! Said levee shall be constructed and main- thinel above high-water mark, in a good and substantial manger. It shall be at least fourtedo feet wide at the top, with the usual slope of one and one half feet horizontal to one foot perpendicular measurement, and shall also have the needful number of gate ways constructed for the escape of surface-water, and all necessary and convenient street- and alley crossings. Said levee shall be located and constructed, and the said street- and alley-grading done under the direc- tion of the City Engineer, and to the acceptance of a com- mittee consisting of said City Engineer and Messrs. J. N. Dewey and J. M. Moody.
SEC. 2. That the Town and Minnesota Railway Company, Contract with a corporation under the laws of Iowa, be and is thereby I.EM R R. C. employed to construct and maintain said levee and to do said and grade the grading, and for the construction and the maintaining of said to build levee, levee and its gateways as aforesaid in good repair and con- dition' for forty-seven years, and so long thereafter as said company shall exist as a railway corporation under the laws of Iowa, and for the grading of said Bates; and Second.
streets.
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GRADING OF STREETS AND CONSTRUCTION OF LEVEE.
streets, and the maintaining of the same in good repair, there shall be paid to the said company the som of one hundred thousand dollars' in the bonds of said city as here- inafter provided, which sum is hereby appropriated in the manner following : and said company shall have and enjoy the right of way over and along said levee and said streets for railroad-purposes, for the timo abovo specified provided said railway company and its assignsishall keep and perform the conditions and terms of this ordinance; and upon their failure to do so being judicially ascertained, said city may retake the right of-way hereby grantedl.,
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Skol & What if said company shall, on or before the first Bane. day of October, A. D. 1868, file in the office of the Clerk of said city a written acceptance of the stipulations and pro- visions of this ordinance, signed by the President and Sec- retally, together with an agreement on the part of said company, binding said company, its assigns and successors in interest, to construct said levee and gateways, and grade said streets, and said street- and alley-crossings, under the directions of the City Engineer, and to the acceptance of the committee before named, within one year from the first day of December, A. D. 1868, and to maintain and keep 20200 said levec and gateways, and said streets and alleys, in good .condition and repair for forty-seven years from said first day i september, A. D. 1868, and so long thereafter as sald company shall exist as a railway corporation under the laws of laws, then this ordinance and sid written acceptance and agreement shall constitute a good and binding contract in writing by and between said City off Des Moines and said Iowa and Minnesota Railway Company.
SEC. 4. That upon the filing of the acceptance and Payment for agreement in said third section provided for, the Mayor and Clerk of said city are hereby authorized, empowered and directed to execute and issue the bonds of said city to the amount of one hundred thousand dollars, signed by the Mayor and countersigned by said Clerk, with the corporate seal of sail city affixed thereto, which said bonds shall bear date December 1st, A. D. 1868, payable in twenty years from date, with the right of redemption at the pleasure of: the city after ten years, to B. F. Allen or bearer, in sums of one hundred, two hundred, five hundred and one thousand dollars, with interest thereon at the rate of ten per cent per annui from date, payable semi-annually ; and each of said bonds to have interess coupons attached, signed by said Clark, and bearing even date with the bonds the principa
leveoand grad- ing of streets.
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CITY| ORDINANCES.
and interest of which shall be payable at the banking-house off Gilman, Sot! & Co., in the city of New York, or at the office of the Treasurer of the said City of Des Moines, at the option of the holder.
Trustee to hold bonds till work is done and its maintenance assureil.
Bond
SEC. B. That said Mayor is authorized and required to receive of said Allen, before the delivery of said bonds to him, a good and sufficient bond in the sum of one hundred and twenty thousand dollars to the said city, to be mpfproved by said Mayor, for the faithful performance of his tru t.
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Redemption of hands and coupons.
SEC. 7. That for the redemption and payment :f said bonils and coupons at maturity, the said City of Des Moines Hereby pledges its faith and credit, and the taxes lovicd and to be levied and collected on all the property, both real and personal, subject to and which may be subject to takatiph within and by said City of Des Moines.
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SEC. 8. That the said City of Des Moines further stip- Bonds and cou. ulates and agrees with the holder or holders of said bonds ponsreceivable and coupons, that the same when due, shall be received, at the option of the holder, at par, in payment for taxes and for any and all claims due said city on any account or cause whatever.
for taxes.
SEC. 9) That Hereafter, at the same time that the other Interest levied annual taxes of said city are levied and collected, there shall bo levied and collected in addition thereto, so long as any of said bonds or coupons are outstanding and unpaid) an annuil tax upon the property, both real and personal, within said city subject to taxation, & sum sufficient. to pay the interest for one year on all the outstanding bonds issued by authority of this ordinance and [remaining unpaid; which sum shall be applied in payment of interest on said bonds, and for no
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SEC 5. (That said Clerk shall keep a record, in a book kept for that purpose, of the amount, date, and number of each bond countersigned by him, and said Mayor thall as soon as practicable. place said bonds in the hands of B. F. Allen, of said Des Moines, who shall receive and hold them as trustee of the said contracting parties, to be delivered to said railway company when, and only when, said levee, gateways, streets, and street- and alley-crossings shall have been constructed, and said grading shall have been donp to the acceptance of the committee named in Section One, and when the permanency and the safe-keeping of said lerce and streets in good repair and condition shall have been assured on the part of said company by the actual construction and operation of their said railway from Ames to said city of Des Moines.
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