The code of the city of Charlottesville, Virginia containing the Charter as amended and re-enacted as a whole (approved March 14, 1908), the constitutional and legislative provisions of the state relating to cities, and the general ordinances of the city enacted as a whole August 6th, 1909, in effect September 1st, 1909 |
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 | Franchises. |
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| II. |
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 | The code of the city of Charlottesville, Virginia |  |
Franchises.
I.
Street Railways.
Section 1.—R. P. Valentine and A. D. Payne, and their associates,
who shall be incorporated by the General Assembly of
Virginia as a joint stock company, are hereby granted a right
of way over and through the following streets in Charlottesville,
Va., viz; from the west end of Main along Main (with privileges
of turning out at the top of Vinegar Hill, and going along the
street east of Midway as far as Hill, thence along Hill to Main)
to the C. & O. depot, thence along Seventh Street to High, thence
along High to School or Hill, thence to Main, for the purpose
of constructing and operating a street railway to be operated by
horse or mule power for transporting passengers and freight.
2. The said R. P. Valentine and A. D. Payne and their associates
shall conform the railway to any grade the council of said
city may hereafter establish for the purpose of constructing, operating
and enlarging the said street railway; said Valentine and
Payne and their associates are hereby granted full right, and
authority to enter upon any of the streets and alleys of said city,
above designated, and excavate and grade the same so as not to
interfere with the grade that the council shall prescribe and may
deposit their lumber, iron, and other material necessary in the
construction of said railway, provided however, that convenient
travel along such streets and alleys be not unnecessarily interfered
with during such constructions and enlarging, and any damage
resulting from the non-observance of this provision shall be paid
by said Valentine and Payne and their associates shall at all
times keep the crossings where any street shall cross the said
railway track in good condition for the passage of wagons and
other dirt road vehicles across railway track at such places of
intersection.
3. The space between the rails and for one foot on each side
and their associates.
4. The said work shall be begun within three months, and
completed within six months from the passage of an act of incorporation
by the General Assembly of Virginia, which act shall
be obtained at the first meeting of said Assembly after the passage
of this order, and the said Valentine and Payne and their associates
shall enter into an obligation to begin and complete the
work in the period named in the penalty of $500.
5. The fare for each passenger along the whole length of the
railway, &c., &c., from the University of Virginia or any part of
it, shall not exceed ten cents, and the charge for any freight or
property not heavier than 15 pounds shall not exceed ten cents
per package.
6. This order shall be operative and effective as soon as said
Valentine and Payne and their associates shall pay to the City
of Charlottesville $301, as a bonus, but shall be nul and void if
the bonus be not paid in ten days after the said act of incorporation
shall have been granted. If the said Valentine and Payne
and their associates should fail to get an act of incorporation at
the next meeting of the General Assembly, or should prefer to
begin the work before such meeting they shall have all the privileges
granted by this order subject to all the provisions therein
to be used by them as a partnership. Provided the work be begun
by the 15th day of May, 1887, and completed by the 15th of November,
1887. This franchise is granted for a period of fifty
years.
7. The Charlottesville and University Street Railway Company
shall have the privilege of extending, operating and maintaining
its track on the following streets as named in its franchise of
1887 from C. & O. depot along what is now known as Seventh
street, east to High street; thence along High to First or Second
street west; thence to Main street, with the privilege of changing
the route so as to run from First along Jefferson to Second
street west; thence to Main. And the said company may, in accordance
with the terms of its charter granted by the General Assembly,
March 30th, 1887, page 211, use electricity along all of its
lines as a motive power; but in the event of the company deciding
to adopt electricity, the placing of the poles and all the appliances
subject to the approval of the Committee on Streets, provided
further that steam power shall not be used.
II.
As attorney for a syndicate of gentlemen, who have obtained
a charter of incorporation, and desire to construct, equip and
operate a street railway in the City of Charlottesville, and suburbs,
either by horse or electric power, I hereby make application
to your honorable body for the right-of-way for said proposed
improvement, with the necessary wires, poles, appurtenances, etc.,
upon and over the following named streets of this city, or such
of them as we may hereafter elect.
(First). Commencing at the corporate line on the old Lynchburg
Road; thence to Main Street; thence down Main Street to
South Street; and along South Street to First Street, or Second
Street east; thence along First, or Second Street, east to Market
Street; thence along Market Street to the corporate line.
(Second). From the corner of Market Street at Fourth Street
(Peoples Bank), to Jefferson Street; thence to Parrott's Hotel.
(Third). Along North Seventh Street, from Market Street
to the C. & O. Depot.
(Fourth). Along Ridge Street from Main Street to the corporate
line.
(Fifth). Along Ninth Street west from Main to Nalls Street;
along Nalls to Dice Street, thence to Ridge Street.
(Sixth). Along Tenth Street west from Main to the corporate
line.
It is our purpose to contruct a first class railway of the best
material, to be laid with the most approved street car rails, to be
equipped in a manner in keeping with other larger cities and to
operate the same in such a way as to afford reasonable accommodation
for the public.
It is further proposed to commence the said improvement within
ninety days from the date of the granting of this petition; to
complete twenty-five per cent. of the line within six months; fifty
months from the same date.
To this end, we are prepared before beginning the work, to
execute such reasonable bond as your honorable body may require.
Therefore be it ordained by the city council of Charlottesville,
That the franchises and privileges asked for in said application
be, and the same are hereby granted for the term of fifty years,
subject to the conditions hereinafter stated, provided the work
be begun and completed as provided in the petition.
(First). That the power to be used shall be either cable or electric,
with the right to use horse power temporarily in case of
accident or emergency.
(Second). The Piedmont Construction Company shall build
and continuously operate the line described as route first in the
foregoing petition, and shall before entering upon this work enter
into a satisfactory bond in the penalty of five thousand dollars
for the faithful construction of the work as named.
(Third). That after the said company has been in operation
for a period of two years, it shall for a term of ten years pay
unto the city treasurer the sum of five dollars per year for each
and every car run upon the streets of the city, then for a term of
ten years it shall pay to the said treasurer the sum of ten dollars
per year for each and every car run upon the streets; then for a
term of ten years it shall pay for each and every car so run fifteen
dollars per year; and thereafter shall pay annually twenty
dollars per each car so run upon the streets, provided that the
terms of this section shall not be considered as exempting the
property of the Company from the just amount of city taxation;
and provided further that such bonus be not charged on cars
used on special occasions for periods less than one month.
(Fourth). That in the event that after the said railway has
been constructed, the same shall cease to be operated for a period
of six months, its tracks, turnouts, sidings, connections and
constructions shall be taken up and removed from the said streets,
or such portions thereof which are occupied by the tracks, turnouts,
sidings, connections and constructions of said company,
of the said company; the work to be done in such a manner,
and under such regulations and provisions as the said council
may prescribe.
(Fifth). That the charge for carrying passengers one way over
the entire length of the line of railway within the present city limits
shall not exceed five cents. Should the limits of the city be extended,
the company shall have the right to charge not over ten
cents.
(Sixth). The rails to be used by said company shall be of a
type similar to the Johnston or Wharton girder rail, subject to
the approval of the street committee, and the said company shall
be required to keep in order the street within their rails, and for
eighteen inches on the outside, with same material as is used in
the street, or material equal to that the city uses with the consent
of the council, and under the direction of the street commissioner:
The construction of said road to be under the supervision of a competent
person selected by the council. The system adopted to be
either the Westinghouse, or Thompson and Houston, or some
other equally standard system acceptable to the council. At the
intersection of each and every cross-street that crosses their
track, said track shall be so ballasted and maintained, that easy
and safe crossing is assured to all vehicles, and when the necessity
arises of passing any portion of the present railroad track,
the new company may lay rails within two feet of the curbing.
(Seventh). The poles erected shall be used by the city if desired
for fire or police alarm, without cost to the city, provided
the same in no way impairs the vitality of the company's
wires. All poles shall be reasonably straight, and painted, and of
not less than five inches diameter at the small end. The trolly wire
shall be of sufficient height from the ground not to interfere with
ordinary traffic; this to be determined by the city's representative
supervising the work, and in general the road shall be so operated
as not to interfere unduly with the public business and traffic.
(Eighth). There shall be a continuous service from day to day,
and every day in the year, unless prevented by unavoidable causes;
the service shall be according to the following schedule: From
October 1 to April 1, begin at seven A. M. with twenty minute
M.; begin from April 1 to October 1 at six-thirty A. M. with
twenty minute service until eight A. M., ten minute service from
eight A. M. to eight P. M., and twenty minute service until
ten P. M.
(Ninth). In case of fire the wires of said company shall be removed
or cut if necessary, and the city shall in nowise be liable
for any damage thereby.
(Tenth). In the construction of said line, said company shall
not so disturb, or interfere with any water, sewer or gas mains
as will cause the city any cost, but all such removals shall be at
the expense of said company and done under the supervision of
the superintendent of gas and water, respectively, and the said
city reserves the right to construct, repair and change the pipes
of either, and while due regard will be observed not to interfere
with the operations of said road during the time of such work to
the pipes aforesaid, no damage, if any, of any kind will be lodged
against the said city during such work.
(Eleventh). If the power house of said company shall be constructed
within the corporate limits of said city, such house shall
be of brick, stone or iron, or a part of either. The smoke stack
of said power house shall be provided with spark-arresters of
modern type, and of such height as not to injure property or be
a nuisance.
(Twelfth). That the said company before commencing construction
of the said railway shall enter into a bond in a penalty
of five thousand dollars, with a security approved by a majority
of the finance committee, for the faithful performance of the obligations
proposed by the provisions of this ordinance.
(Thirteenth.) The said company shall conform said railway
to any grade or any that the council of this city may hereafter establish,
and for the purpose of constructing, operating and enlarging
the said street railway, the said company is hereby granted
full right and authority to enter upon any of the streets designated
in the foregoing petition, and to excavate and grade the
same so as not to interfere with the grade that the council may
have established, or shall hereafter prescribe, and may deposit in
the street, lumber, iron and other material necessary in the construction
of the said railway, provided, however, that convenient
during such construction and enlarging, and provided also, that
the company shall relieve the city from any and all liabilities
which may result from the non observance of this provision.
This ordinance shall be in force from its passage. Passed January
4, 1894.
(Fourteenth). If the Piedmont Construction and Improvement
Company shall agree to build its lines on Ridge Street it shall only
be required to build such portions as it may elect of the remaining
lines; provided, however, that all of their work shall be completed
within the time named in the original application, and in
consideration of the Company's effort to afford accommodation
on the lateral lines it is agreed that the car-service shall be given
every day in the year at such reasonable intervals as is usual in
cities of this size, the same to be a matter of concurrence from
time to time between the Council and the said Company.
The Company shall have the right to lay its track in the city
with either Johnston, Wharton or standard rail, provided, however,
that all tracks laid on Main Street shall be paved with Belgian
block, or some other suitable material for a distance of
twelve inches on either side of the rail.
The bond required of the Company shall be in a penalty of
$5,000, and conditioned for the faithful construction and maintenance
of its lines in accordance with the provisions of its franchise.
The present section is passed by the consent of the Piedmont
Construction and Improvement Company, and is a substitute for
such portions of the ordinance passed January 4, 1894, as may
be in conflict hereto.
Modifications of, and Additions to, the Franchises of the
P. C. & I. Co.
(1) The Piedmont Construction and Improvement Company
is permitted to remove its tracks from Ridge Street south of C.
& O. Railroad, leaving the street in a satisfactory condition to
the Street Committee.
(2) The Piedmont Construction and Improvement Company
shall upon acquiring the franchises of the Charlottesville and
last named company from that portion of Main Street between
the Chesapeake and Ohio Railroad crossing near the University
and the intersection of South and Main Streets, and shall also
transfer its own present tracks from South street, and that portion
of First street south of Main street to that portion of Main
street east of Midway extending the same to Seventh street east,
and operate the same in accordance with the terms of its franchise
as heretofore granted, provided, that in making said transfer,
the present track of the Charlottesville and University Railroad
Company shall be removed from Main Street, east of its intersection
with Ridge street.
(3) In consideration of the advantage to the public to be derived
from this consolidation of the two roads, the Piedmont
Construction and Improvement Company shall hereafter when
in its judgment its interests require a double track line, have a
right to replace these tracks in the same location on First street,
South street, and Main street west of Ridge street, to the then
corporate limits.
(4) The Piedmont Construction and Improvement Company
shall be required to keep in order its track on Main street in accordance
with the requirements of the sixth section of the franchise
granted January 4th, 1894. And in consideration of the
great advantage arising to West Main street as a drive-way by
the removal of the Charlottesville and University Railroad Company's
tracks, the said Piedmont Construction and Improvement
Company shall not be required to pave its rails until such time as
the city paves Main street, when the Piedmont Construction and
Improvement Company shall pave twelve inches on each side of
each rail with Belgian blocks or some suitable material. This ordinance
shall be in force from its passage and has been adopted
at the request of the Piedmont Construction and Improvement
Company and the Charlottesville and University Street Railway
Company.
(5) The Piedmont Construction and Improvement Company
shall have the right to lay its tracks over and along Seventh
street east from Market street to Jefferson street or High street,
subject to the same conditions that are imposed as to the residue
of said Seventh street east, the said company may also take up
streets, and along Market street, and shall have the right to replace
the same whenever the said company may deem that its interests
require it to be replaced.
(6) In consideration of the ground rent of $5 per annum the
right is hereby granted to the Piedmont Construction and Improvement
Company during the term of its franchise to erect and
occupy a neat office and transfer station on the plat of ground in
front of Midway school known as Midway Park. It being understood
that the Piedmont Construction and Improvement Company
shall erect a building in every particular satisfactory to the committee
on grounds and buildings, and will properly beautify the
grounds, provided that at the end of said term or sooner, in the
event that the city should desire the use of said park, for other
than park purposes, the said company may on ninety days written
notice be required to remove its said building without cost to
the city.
III.
Telephone Exchanges.
(1) W. A. Langford's petition in regard to the establishment
of a telephone exchange in the city is granted. The lines to be
run subject to the approval of the Committee on Streets; provided
that in consideration of this privilege, the city shall have an instrument
provided for the use of the police and the officers of the
city at the City Hall, who shall have free use of the lines on business
connected with the city; provided further that nothing herein
shall interfere with the city's locating its own wires.
IV.
(1) The Albemarle Telephone Company appearing through
J. Edwin Wood, its president, and making application for leave
to put in operation a telephone system in the city upon the terms
and conditions as hereinafter granted and set forth, it is thereupon
resolved and ordered that the said company is hereby
granted the privilege and franchise of establishing and operating
a telephone system in the city, with the right to use the streets
and alley ways of the city for the erection of poles and the stringing
of wires, the said poles and wires however to be erected and
but the privilege and franchise herein granted, however,
are limited to the term of fifty years and said company shall have
the system in working order so as to be ready to supply telephones
to the inhabitants of the city within six months from this date;
provided that in consideration of the franchises and privileges
herein granted the city shall have the use of five instruments at
police headquarters or in the City Hall or in any of the offices of
the city, which instruments and the lines of the company in connection
therewith shall be used by the city officials free of charge
on business connected with the city; and further that nothing
herein contained shall interfere with the city's locating its own
wires, and the city shall have the privilege of stringing on the
poles of said company a wire for the service of a fire alarm system
should the city desire to establish such a system.
(2) Authority is hereby also given the Albemarle Telephone
Company to construct, lay and maintain along and underneath
the surface of the streets of the city at such places, and at such
depth below the surface of the streets as may be prescribed by
the street commissioner, pipe lines and conduits in which to enclose
and conduct their telephone wires and cables.
(3) Such pipes and conduits to be laid along such lines as the
city engineer may prescribe, and in such manner as not to injure
or interfere with any gas or water pipes or sewers already laid,
with the privilege of connecting the wires and cables in the conduits
and pipes with those of the company upon its poles, in such
manner and at such points as may be authorized by the street
committee; and the work upon the trenches and ditches of such
conduits to be proceeded with and conducted in such manner as
the street committee may direct, and the surface of any street
where they may be laid, to be fully restored in equally as good
condition as it was before the laying of the same.
V.
(1) The franchise of the Charlottesville, Albemarle and
Orange Telephone Company is limited in all its functions to the
term of fifty years, from April 1, 1895, provided said Telephone
Company shall have its system in working order within the next
twelve months.
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