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,
shall be repaved, all of which said work shall be done at the expense
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
service until eight P. M. then twenty minute service until ten P.
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
travel along such streets be not unnecessarily interfered with
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.
