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HomeMy WebLinkAboutOrdinances Book 6, Page 131, No Ordinance NumberT 'E SE IIF 1AiJG"t ISEIA13DR C�LCT SiJFORi� OSiIO� RREP�FGPP�};I1?OR Ili�l��';I A11]) I:IALIiTATidIIdG AT ELECTRIC STREPT RAILWAY OVER CERTAIN ST '1 I;TS Ili T1 'R CITY 0" PADIICA , ICENTUCICY": ADOPTED By. THE, BOARD 01' COUNCILI;IEN FEBRUARY 20th, 1911; ADOPTED BY TITE BOARD OF- XLD1MALN l I:E3RUARY 20t11, 193.1; AND APPP.OVRD BY JAMES P. SMI71 I, MAYOR, I;iARCi3, l0tl� Vdffi BLAS, the ordinance referred to herein, and boing n.n ordinsmce, entitled, " An ordinance providing for the sale of a franchise r„nd privileges for the purpose of orecting, operating and maintaining an electric street railway over certain streets in the City of Paducah,, Kentucky; n,doptoo by the Board of Councilmen Fobruary 20th, 1911; adopted by the Board of Aldeinen February 20th, 1911; and approved by Jamcs P. Smith, 1:Iayor, Itierxh 10th, 191111, - by oversi,gltt e,i16 omission of the draftsman of said ord-imarice, failed in Section 6 to clearly Bald distinctly specify which streets the purchaser of sa,irt fran- o'_c!ise would be rooi"ired to pay the cost of a reconstruction of betw,sen the rails of any street ear track laid thereon, and. tyro (2) foot on the outer side thereof; and, VF!7T?T?AS, there appears• to be an ambiguity in said ordinc.nce as tb which streets the purchaser of said franchise would be relieved from paying the cost of reconstruction of the streets betvrcen the roils of any street car trFck laid thereon; under said..franehise;' and. , V'IfIEREAS, it vias the int enti on' and meaaling o (''sa.id ordinr..nec only to relieve the purchaser of said franchise from the pr;.yr,ent of the cost of reconstruction of Third Street from Broadway to Broad Street; and of Broad Stract from Mird street to Sixth street; and of Sixth street From Broad Street to I:Iadison Street; and of Trimble Street "rom Sixth street to Tenth Street; and of Trimble street from Twelft]i Street to r, a,t is k otim n.s Oak Grove Cemetery; and of �a.ekson Street _"'ran 11inth Street to Eleventh Street; and, VWTEREAS, it is noir the desire of the General Council of the City of Paducah, which is concurred in by the Paducah Traction Company, the present ot,,,ner of the franchise covering; said last noted streets, to relieve sc,ic'.. "action. 6 of said ambiguity; now therefore; Be it ordained by the Goner l Council of the City of Paducah, Kentucky. Sec. 1. That Section 6 of an ordinGmce, entitled, "an ordinance providing -,"Or the sale of a franchise MO privileges for the purpose of erecting, operating 6,i-ld aaintaining an electric strest railvray :)ver certain streets in the city of Paducah, Kentucky"; Ad,?pted by the Boarcf o:, Comlci7rten February 20tI1; 1971; adopted 'by the BoAr, of Aldermen February 20th, 1911; and approved by JaW,es P. Smith, Mayor, 1:4arch, Toth, 1911,- be, cnd the sr ma is hereby ^Mend 'd by inserting thoroin the vrords "in this section", immediately after the .^aad.s, my of the other streets ai�ov:; mentioned", appearing in line 12 of pa -1c 4 of s- ic1 ordin.:,nee, so that Cetion whenso enendod shall read as f01107 -S, to writ;- Sec. 6. Tris is granted upon th_, express condition that the purc',iaser, its successors or assigns, shall ncdntain Broadway street between its rails ran lt'irst Street to Seventeenth Street, a.nd if n double track is laid thereon, s]rall, i:i ddition, rnaintai.n the street for one (1) foot on the outir side of the respective tracks; and shall maintain the street betaeen its i_c on Tl,ird Street from Broadl-ay to Broad Street; and on Broad Street from Third Street to Sixth Street; and on Sixth Street from, Broad Strut to I:Iadison Street; and on Trimble street front Sixth Street to 'Tentil Street; c:nd also on Trimble Street front Twelfth inthvStreett to hto Eleventnt is h Stras Oet.ak CTrIfcBroadvrayy� and on Jackson Street nspl,. ..t, or street from First.to Seventeenth St trchasercot is 1h oraind itsl"successors or assi[71s, other m,odorn paving mntoriti:l, t,re p_ she'll pay one-fourth (1/4) of the cost of ranting such improved dr ivovrr.y First Street and Seventeenth Street. Iv any of the other streota betvreen said a.'+ov c rtenti.onedninrthis lsbefore theaction i lxpirai�ionbe) by rofrtl istlfranchiso, thsLlpurchaser, rebuilt or recd its successors or ,assigns, ;,hall not be required to stMld any of the expense 1.111 �berebuilt r1^uafter the eof suC11 rebuilding,orrosiEnsshlll_coptile spc.ce b - recnistruct d s purchaser, itsccessoor tureen tl?�' rails in good rcpe•,ir, with the sa,rnc character of r_t!,.terial t°ritll i�TMi�cii F st eat r.^.wy be reconstructed, but i`i' is understood thea the City shall be li ble for the exponsa oa t;,kin up or relaying of the rails and. ties to conform the grade on any street vrhich i,,ay be reconstructed, ov r vr]lich this franchise theextend. The City reserves the right to itsolf.to require saic' purchaser, its successors or r.ssi�ns, to conforr:t to changed or alter :d Eradcs all Sa,icl ;,bovr;J ice O11bd �frcl: i/ its reils� to make culverts'paythe cost rfor,the freeor r�I,loc of improv° 3cl t , shall 'not be liable for rsny denag;c; or d°la.y ill the opera*'ion vrgtor; and the city -bursting' or repair of c.ny set7cr or pipe on or across °f tl,e business, of s�',id Cor.,paiiy occasioned by any stroct iriprovemen s, or airs, °r c°nrstruction; rep {; alley, or injury by any nob of violonce any street or rr ° t°b}1c nsi it, '! 1 r�2 i is ranoti✓i,r�cicrsn,, grn.ding c.�J - o thll t. r°c s Ong ?i foot on each °d ° s end by P 2) '! As to all other st�f l c 1EL`11 a. tlieroo e its arld l ° O ai�,y' street not successors or ass gni lde ra rails and tti�o (2) fee on cptlttnin sh t also P� right to require al, a cl the the General Cotuzcil sli�ll orcler, ory©3 ° y to chariF';o or altered side thereof, and pay for sa:ae' res the City to eonforn othyrvrise improve now �rcdetl or groveled; and i ssib'rI �of� or to TlLake the cost ther then°Ofi i said purchaser, its su'cand to Pay on each Qt be liablo for an.� i grades of said streets tr*T0 (2) feet City a , or thea between the rails and tir(2) and th® of saki Comp ! bursting the buisness construction, E> culverts for the free fl°1©radion of or repairs2 or alloys or injury damage or delay in the op street or occasionecl.,by any street impro'cl' oriacross arLl of repair of any sewer or pipe,elIt cl all tines, to if the riolt I at a Y r�ri or operation, and by any Mob or otter violence. And the Citi �i serves to its pVement of construction f^Jre for ea the minirit require a than e of rails, or �aP but at less tliwn filIc Cents regulate and control fares for P,,ssangors, ,Mco passenger per trip shall not be fixed by Orcin l the speed of cars ht to regnilat . end Centro_ dorm or laid under (Ed). And also reser,,es the rig ane J.rire takon cost or and the frequency of trips and require allyls not be liable TOVres•Crves to ground, as the public goocl�rdquir , nzlations; encs the city la�ta,ge occasioned by said cha�lpes or ref, fall r.1ptters portcvinin�* itself the right to regulate a,ilcl control the sale in to tile p e ublic good. Sec; 2. This ordinance s�}ell takeeffect Incl be in force front after its and passage, approval atyd publication.