A copy of the Ordinance was given to me by a member of the Waukegan Historical Society. Some typing inconsistencies were original and common- such as capitalization. If you find anything wrong- please email me.
An Ordinance Granting to the "Bluff City Electric Street Railway Company" Permission and Authority to Construct, Maintain and Operate a System of Street Railway Lines upon Parts of Certain Streets in the City of Waukegan.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAUKEGAN:
SECTION. That the right, permission and authority are hereby given to the "Bluff City Electric Street Railway Company," its successors and assigns, to lay down, maintain and operate a single or double track street railway, with the necessary sidetracks, turnouts and switches over, upon and along the following mentioned parts of streets in said City of Waukegan, to-wit: Upon, over and along Genesee Street from the center of Washington street south across Genesee street bridge to the center of Belvedere street; and also upon, over and along North Avenue from the center of Franklin street north to the center of Glen Flora avenue. Upon said portion of Genesee Street and North avenue above described, the tracks of said street railway shall be located along the center thereof, or as near the center as practicable.
SEC. 2. The street railway tracks authorized to be constructed by this ordinance, shall be laid and completed on said portion of Genesee street above described within a period of four months from the date of the passage and approval of this ordinance; and unless so completed at the expiration of said period, the right, permission and authority hereby granted to construct the same shall be forfeited, upon the conditions, and in the manner elsewhere in this ordinance provided. And unless the said railway tracks are constructed on that portion of North avenue above described within five (5) years after the second day of September, 1895, said right, permission and authority to construct the same on said part of said North avenue shall likewise be void upon like condition; Provided, however, that upon the portion of such tracks which are to be located where the construction of brick pavement has already been provided for, such tracks shall be put down and constructed when, or at least as soon as such pavement shall be put down, except curves or special track work required for the completion of said railway; but all extra cost and expense to the city for paving, in putting down the said curves, or special track work, after the pavement shall have been laid and completed, and of the fitting and adjusting said pavement to such curves or special track work, shall be paid by said Company and the said pavement wherever taken up to the perform such work shall be left in as good condition as found in. provided further, said company shall not be required by ordinance or otherwise to bear any expense whatever of paving, macadamizing, graveling or other street improvements, except in the manner and under the conditions elsewhere in this ordinance provided. Provided further, that if the construction of said tracks, or any part thereof, be delayed by injunction or any court, or by the action of the city of Waukegan, or in the consequence of the use of said streets for the purpose of putting in sewer, waterpipe, or paving the same, then as to the portion so delayed the time of such delay shall not be any part of the time herein limited. The city of Waukegan shall however, have the right to intervene in any suit or proceeding brought to restrain said work, and to move for a dissolution of any injunction issued to retrain said work, in case any such suit or proceeding shall by the city council be deemed collusive, and for the purpose of delay on the part of the company or corporation that may then own franchise hereby granted. And provided further, that in case any company or corporation shall be constructing a railroad hereunder shall be hindered or delayed in the work of construction by unavoidable cause or accident, then in such case, the time during which said work may be so hindered or delayed shall be added to the time aforesaid as an extension thereof for the time during which such work may be so delayed.
SEC. 3. The cars upon said railway shall be propelled by electricity, or by any other motive power, except animal or steam power; provided, that if upon the completion of any portion of said road the said company shall be necessarily delayed in procuring electric power, or in the event of the breakage of machinery or other unavoidable accident at any time, then and in such case, said railway may be operated by horsepower for a period not to exceed thirty (30) days at any one time, except by permission of the city council. If the said company shall elect to propel and operate its cars by electric overhead contact wires suspended from other wires which shall be attached to and supported by poles set at the curb line limit of the street on either side thereof, or from brackets extending from poles placed on one side of said streets; said brackets or poles, or tie the wires thereon shall not in any way interfere with any shade tree upon any street, or lot, in said city, and no shade tree shall be cut or injured in the erection of said poles or wires, except by the permission of the Board of electrical control of said city, and said poles shall be so placed so placed as not to obstruct the public use of streets, or sidewalks; such poles, brackets and wires to be erected, poles painted and maintained for the purpose of supplying electric currents which can be used for power, heat, telephone and lighting purposes of said company. The said wires shall be suspended not less than eighteen (18) feet above the rail, except by the written consent of the Board of electrical control, and the poles and supports shall be placed on an average of not less than one hundred (100) feet apart, and as near as possible on the division lot lines, except at the intersections of streets and avenues; also except when the distance will place the poles and supports on the intersecting streets and avenues; and in case where a double track is to be constructed, then instead of the two poles set within the curb on each side of the street, the said company, its successors and assigns, shall have the right to place wooden center poles, octagonal in form, and suspended said wires on arms extending therefrom: said poles to be set as near as practicable along the center of the respective streets. To enable said road to be operated by electricity as aforesaid, said company shall have the right to connect its wires herein authorized with any power station which it may erect in connection with said road, or with any power station from which power may be obtained at any point near any of its lines, and it may erect poles along and upon any other public street of said city for the purpose of reaching such power house, such poles to be erected on the curb line as aforesaid, and upon that portion of Washington street east of Spring street, such poles may be located anywhere within the bounds of said street, subject to the order of the Board of Electrical Control.
SEC. 4. The tracks of said railroad shall be upon the surface and be made to conform to the grades of streets traversed thereby as they now exist, or as such grades may be hereafter made, by the city council, and upon all portions of streets where the construction of brick pavement has already been provided by said city, said track shall be constructed with shanghi or electric "T" rail weighing not less than 60 pounds per yard, and the remainder of such track shall be constructed of the ordinary "T" rail.
All the track shall be of the gauge of four (4) feet and eight and one-half inches on all lines, and that all rails thereof shall be so laid that the top surface thereof shall be flushed, and on a level with the upper surface of the street where laid, whether such street be paved or not, and on all unpaved streets the track of said railroad between rails thereof and to the end of the ties thereof shall be solidly filled with earth and maintained in such condition. Turnouts, sidetracks, turntables, switches and the main tracks at street crossings shall be so laid that carriages and other vehicles can easily cross the same without obstruction at any such place as nearly practicable.
SEC. 5. Said "Bluff City Electric Street Railway Company," its successors or assigns, shall pave the streets wherein it may lay tracks under this ordinance, between and at each edge of its said tracks to a total width of eight (8) feet, where such paving shall be ordered by the city council of said city after five years from the passage of this ordinance, but nothing herein contained shall be construed to require said company, its successors or assigns, to do any street paving within five years from the passage of this ordinance. And said company, its successors, or assigns, whenever the tracks of said company shall become a part of any connecting through to Milwaukee or Chicago, construct at its own expense, an addition to the west side of said Genesee street bridge, according to P. E. Lane's plans now on file in the city clerk's office. And by a connecting through line is meant one extending from the city of Milwaukee to the south end said bridge or farther; or one extending from the city of Chicago to the north end of said bridge or further.
SEC. 6. The cars or carriages to be used on any railroad constructed hereunder shall be used for no other purpose than to carry passengers, their baggage, and express parcel service, and the public mails, and for the purpose of hauling materials to be used in constructing said street railway, and in improving or repairing of the same. Said cars shall be entitled to the track in al cases where any car or train of cars, and any vehicle shall be overtaken by any car or train of cars, in either cases such vehicle shall give way to such car or train.
SEC. 7. In the construction of any railroad hereunder no permanent injury shall be done to any street, alley, sidewalk, paving, sewer, water or gas pipe now existing or being, or hereafter located or placed in said city, and any person, company or corporation engaged in the construction of a railroad hereunder shall without unreasonable delay restore all streets, alleys, sidewalks, paving, sewer, water or gas pipes to their former state, or to such state as not unnecessarily to have impaired their usefulness, without expense to the city of Waukegan, and shall restore and adjust all paving to the rail of such track, and finish the same in as permanent a manner may be. The city of Waukegan reserves the right to temporarily remove and replace any part of such railroad, its appurtenances and fixtures, for the purpose of making or repairing any street, alley, sidewalk, paving, or sewer, or to lay or repair any sewer, water or gas pipe, or to make any other public improvement which shall be made at the city's own expense.
SEC. 8. The rights and privileges hereby granted are so granted upon this express condition to-wit: That at last one car or train shall be run upon each track of any railroad constructed hereunder at least 12 (12) times during each twenty four (24) hours, except in case of unavoidable accident; and that the speed of all cars or trains operated on said railroad shall at all times be controlled by the ordinances of the city of Waukegan, now or hereafter in force.
SEC. 9. The said company shall have the right to put cash boxes in its, or their cars, and to require passengers to deposit their fees therein, and change for more than two dollars shall not be required.
SEC. 10. Said company shall pay all the damages to owners of property abutting upon said parts of streets above mentioned and described, upon or over which its road may be constructed, which said owners shall sustain by reason of the construction or location of said road, and shall hold and save harmless said city from any and all costs, charges, expenses, and damages resulting from its negligence, or the negligence of its servants in exercising any rights under this ordinance given, and from all damages that shall arise to owners of property by reason of the passage of this ordinance.
SEC. 11. The privileges hereby granted are subject to all the general ordinances of the city of Waukegan now in force, or which may at any time hereafter be passed by the city council, not conflicting with the franchise hereby granted, and the privileges hereby granted shall be for the period of twenty (20) years from the second day of September, A.D. 1895.
And it is further expressly provided, and agreed to by the said "Bluff City Electric Railway Company" that should said company fail to complete said railroad within five (5) years on that portion of North avenue above described, then all the right and privilege hereby granted with reference to that part of North avenue above mentioned, shall be forfeited by said company at the opinion of the said city, reasonably notice being given to said company, its successors or assigns.
Passed April 27, 1896.
Approved April 28, 1896
Edward P. De Wolf, Mayor.
R. B. Conolly, City Clerk
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