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HomeMy WebLinkAboutOrdinances Book 7, Page 208, Ordinance Number 72No, �_ 0 : Ordinance No. �Z PADUCAH AND ILLINOIS RAILROAD COLIPANY RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD OVER CERTAIN STREETS, ALLEYS, ETC. IN THE CITY OF PADUCAH, KENTUCKY. f AN ORDINANCE GRANTING TO THE PADUCAH AND ILLINOIS RAILROAD COMPANY, 6TS SUCCESSORS, ASSIGNS OR LESSEES, THE RIGHT TO CONSTRUCT AND MAINTAIN RAILROAD TRACKS, OF STANDARD GAUGE, IN THE CITY OF PADUCAH, KENTUCKY, AND OPERATE CARS, TRAINS AND LOCOMOTIVES ; THEREOVER, FRO1;[ THE EAST SIDE OF FIFTH STREET ON OR WITH NORTON i STREET EASTERLY TO THE EAST SIDE OF THIRD STREET ON THE NORTH SIDE OF THE TRACKS NOW OPERATED BY THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY; THENCE IN A NORTHERLY DIRECTION AND BETWEEN SE0014Di STREET, IF EXTENDED, AND THIRD STREET, CROSSING TENNESSEE, OHIO, JACKSON, ADA]?S, CLARK, WASHINGTON, KENTUCKY, BROADWAY, JEFFERSON, LTONROE, LT&DISON, HARRISON AND CLAY STREETS,- BETWEEN SECOND AND THIRD STREETS; THENCE ACROSS THIRD AND TRIMBLE STREETS, AT OR NEAR THE INTERSECTION THEREOF; THENCE IN A WESTERLY DIRECTION ACROSS FOURTH STREET, IF EXTENDED, THROUGH THE BLOCK EAST OF TRILIBLE STREET; THENCE ACROSS FIFTH STREET, IF EXTENDED, TO THE RIGHT OF STAY OF THE INDUSTRIAL TRACK OF THE CHICAGO, ST, LOUIS & NEW ORLEANS RAILROAD COLPANY, OPERATED BY THE ILLINOIS CENTRAL RAILROAD COMPANY; THENCE ACROSS CALIPBELL STREET IN THE BLOCK NORTH OF SIXTH STREET; , THENCE ACROSS THE ALLEY M THE BLOCK NORTH OF SIXTH STREET AND JEST OF CUTPBELL STREET, AND ON SIXTH STREET BETWEEN THE ALLEY IPI THE BLOCK BETWEEN CATIPBEDL AND HARRIS STREETS AND TO THE EX- TREME NORTHWEST LII.TIT OF SIXTH STREET AT THE CORPORATE LINE. BE IT ORDAINED BY THE BOARD OF CO1,211iISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. THAT, WHEREAS, The Paducah and Illinois Railroad Company, incorporated under the laws of the State of Kentucky, and invested with the right to construct railroad tracks, and operate trains thereover, within the State of Kentucky, proposes to construct and operate a trunk line of railroad into, through and around the City of Paducah. Kentucky, and from the City of Paducah to a point on its present line of railroad near Futrell, in McCracken County, and there to connect with the line of its road leading to the Ohio River, where it is now building a railroad bridge across the Ohio River; and Ordinance No.. P_ WHEREAS, The said Railroad Company has been incorporated and chartered under the laws of the State of Kentucky, and is authorized, by law, to construct, acquire and operate such rail- roads in Kentucky; NOVI, the City of Paducah, Kentucky, by qnd through its Board of Commissioners, does hereby grant to the Paducah and Illinois Railroad Company, its successors, assigns or lessees, the right to construct, maintain and operate, so far as the City has the right to grant the same, trunk lines of railroad tracks, of standard gauge, in and through the City of Paducah, as follows, subject to the restrictions and conditions hereinafter set out: ,� i" Section 2. The right is hereby granted The Paducah and Illinois Railroad Company, its successors, assigns or lessees, to construct, J UJ maintain and operate two tracks in Norton Street, between the East jufW margin of Fifth Street and the East margin of Third Street, on the North side of the tracks now in Norton Street, between and along said streets, operated by the Nashville, Chattanooga & St. Louis Railway; thence in a Northerly direction, with the right to occupy with such tracks the alleys South of Tennessee Street, between Second and Third Streets, if Second Street were extended; thence across Tennessee Street with three tracks, and continuing the same general course, with the right to occupy the alley, or so much thereof as has been heretofore dedicated and accepted by the City of Paducah, in the block between Second and Third and Tennessee and Ohio Streets, across Ohio Street, between Second and Third Streets with three tracks; thence across Jackson Street, between Second and Third Streets, with three tracks; thence across Adams Street, between Second and Third Streets, with eighteen tracks; thence across Clark Street, between Second and Third Streets, and to occupy the whole thereof, between Second and Third i Streets, with structures and tracks; ' thence across Washington Street, between Second and Third Streets, with two tracks; thence to and crossing the West end of the lot belonging to the City of i Paducah, which fronts on the West side of Second Street in the block between Washington Street and Kentucky Avenue, and across Kentucky Avenue, between Second and Third Streets, with two tracks, with the right to occupy the alley, or so much thereof as has heretofore been dedicated and accepted by the City of Paducah, ►c running parallel to Third Street in the block between Second and Third Streets and Washington Street and Kentucky Avenue, with two tracks, and with the right to occupy, with tracks, the alleys, or so much thereof as has been heretofore dedicated and accepted by the City of Paducah, running parallel to Third Street in the block No. z 10 Ordinance No. between Second and Third Streets and Kentucky Avenue and Broadway, and across Broadway, between Second and Third Streets, with two tracks; thence across the alleys running parallel to Broadway in the block between Second and Third Streets and Broadway and Jefferson Streets, with two tracks; thence across Jefferson Street, between Second and Third Streets, with two tracks; thence across Monroe Street, between Second and Third Streets, with two tracks; thence across Madison Street, between Second and Third Streets, with two tracks; thence across Harrison Street, between Second and Third Streets, with two tracks; thence across Clay Street, between Second and Third Streets, with two tracks; thence chang- ing to a general westerly course and across Third and Trimble Streets, at or near their intersection, with two tracks; thence in the same general direction with two tracks, crrssing Fourth Street, if extended, through the block East of Trimble Street; thence across Fifth Street, if extended, to the right—,f-way of the Industrial Track of the Chicago, St. Louis & New Orleans Railroad, operated by the Illinois Central Railroad Company; thence across Campbell Street in the block North of Sixth Street, with two tracks; thence across the alley in the block North of Sixth Street and Nest of Campbell Street, with two tracks; thence with two tracks in Sixth Street, between the alley in the block between Campbell and Harris Streets to the extreme Northwest limit of Sixth Street at the corporation line. Section 3, Also the right to construct, maintain and operate an Industrial Track to cross Madison Street, between Second and Third J Streets; Second Street between Yadison and Monroe Streets; Monroe Street between First and Second Streets, and to occupy Maiden Alley, or so much thereof as has been heretofore dedicated and accepted by the City of Paducah, between Lionroe Street and the end of Illinois Central Railroad Track between Washington and Kentucky Streets, thereby crossing Jefferson Street, Broadway and Kentucky Avenue with such Industrial Track. Section 4. Subject to the conditions hereinafter expressed, the said Railroad Cogipa.ny shall have the right to construct and main- tain, upon the above mentioned streets, crossings, intersections and alleys, as set out herein, standard gauge railroad tracks and the right to operate and run cars, trains and locomotives thereon,4�according to its Charter; and shall have the right, from time to time, and in the manner authorized and prescribed by this Ordinance, to construct and maintain, along its tracks aforesaid, spur tracks and sidings to the property and warehouses, manufacturing and mercantile establishments now located, or which Nd. Ordinance No. _-LL_ may hereafter be located along and near the tracks hereby pro- vided for. Section 5. The said Railroad Company shall not, in the construction, maintenance and operation of its road -bed and tracks on, over, under or along said streets or alleys herein mentioned, unnec- essarily obstruct the free use or passage upon any of said streets, street crossings or alleys, or public ways, either by vehicles or persons; nor shall the said Railroad Company obstruct the free flow of water along the streets, gutters, sewers or culverts under said tracks, for the passage and flow of water; and the prevention thereof shall be under the direction and supervision of the Board of Commissioners of the City of Paducah. Sectiosi 6. Said Railroad Company shall construct and maintain safe and convenient crossings, according to such requirements as may hereafter be prescribed by the Board of Commissioners, so as to allow safe and convenient passage for all persons and vehicles at all street crossings and alley crossings along the way herein provided for, and shall keep its tracks and road -bed in good repair at all such places, and provide such safety devices or signals as may be prescribed by the Board of Commissioners. Section 7. The tracks and road -bed and all switches and spurs of same shall be so constructed as to conform to the grade of the streets and alleys tf the City of Paducah, as same now exist; and if any changes be made in the grade of same, said trach shall be altered to conform thereto by said Company, at its expense. Section 8. The said Railroad Company shall, at all times, keep the streets, alleys and the street and alley crossings in good repair between its rails and for two feet on each side of its rails, at its own expense and of the material of which such streets and alleys are now constructed; and whenever and wherever any of the said streets and street crossings, or alleys or alley crossings, occupied by its tracks aforesaid, shall be improved or recon- structed, the said Railroad Cotp any is to make its tracks conform thereto between its rails and for two feet on each side of the rails thereof, using such material as may be prescribed by ordi- nances of the City of Paducah for the construction or reconstruction of said streets or alleys, and at its exclusive cost and expense, and free of any cost to the City of Paducah, and the said Railroad Rompany shall thereafter keep and maintain the same in good repair between its rails and for two feet on each side thereof. Section 9. The said Railroad Company shall indemnify and save harmless the City of Paducah against any and all damages that may be legally recovered against the said City by any person, Ordinance No.7- persons, or corporation or corporations on account of the grant- ing of the rights herein, and also by reason of the construction, reconstruction or maintenance of any of its tracks or road -bed; and shall also indemnify and save harmless the City of Paducah from any damages caused by the operation of said Railroad tracks, its cars, engines and trains within the City of Paducah, as well as for any failure on the part of said Railroad Company to keep the streets between its rails and for two feet on each side thereof in good repair, or to conform to the grade of such streets or alleys. Section 10. The City of Paducah reserves the right to temporarily change the location of the tracks of the said Railroad Company along the way herein provided for whenever it shall be necessary to do so for the purpose of repairing and improving said streets, or for laying water pipes, sewer pipes, gas pipes, heating pipes, or for any other public purpose; but notice of such temporary change, when proposed, shall be given to the said Railroad Company - such temporary change to be made under the direction of the Commissioner of the City of Paducah by whose department such work is done, and such change shall be at the expense of said Railroad Company. Said Railroad Company shall -when and where necessary - provide adequate and sufficient protection for the water, gas, sewer, heating, or any other pipes, where the tracks of said Railroad Company run over said pipes, near enough thereto to prevent any damage to said pipes by reason of the construction aild maintenance of said tracks, or the operation of trains there- over. Section 11. The rights herein granted to the Paducah and Illinois Railroad Company shall be forfeited unless the said Company, its successors, assigns or lessees, shall, within two years from the passage of this Ordinance, have begun in good faith the construe- tion of the proposed tracks from Norton Street up to Washington \ r Street, and pursue the construction and completion thereof within a reasonable time, and also the construction of its proposed passenger and freight depots, as hereinafter set out, and complete L ` the same within a reasonable time thereafter and with reasonable ' dispatch; and unless the said Company, its successors, assigns or lessees, shall, within two years from the date of the passage of this Ordinance, have begun in good faith the construction of the proposed tracks provided for in the Ordinance from Washington Street on Northward and Westward to the corporate limits of the City of Paducah, and including also the Industrial Track provided for in Section 3 hereof, and which tracks shall be completed within a reasolk le time thereafter and without unreasonable delay. No. 2 /--? Ordinance No. Section 12. The said Paducah and Illinois Railroad Company, its successors, assigns or lessees, shall permit the main tracks of any railroad or railroads that may hereafter be constructed to or through the City of Paducah, or tYet are now constructed to or through any portion of the City of Paducah, to be (laid across or to make physical connection with the tracks of said Railroad Com- pany, at the grade of the trach of said Paducah & Illinois Rail- road Company, within the limits of the right-of-way granted under this ordinance, without exacting any compensation from the owner of such railroad or railroads for such privilege; provided, how- ever, that the said owners shall, at their own expense, construct such crossings and physical connections, in a thorough and sub- stantial manner and so maintain them, and shall lay them at such points only as crossings and physical connections may become actually necessary for the bona fide extension and operation of their lines, and in such a manner as to cause the least possible obstruction to the traffic of said Company, consistent with the aforesaid extension and operation of new lines of railroad. Section 13. The said Paducah and Illinois Railroad Company, its successors, assigns or lessees, shall, at all reasonable times, deliver to any point or points along or between the terminals of said right-of-way herein granted, and take from all said points loaded cars and deliver same in its yards to any carrier or con- necting line of railway, or at the connecting point of such lihe of railway with its said right-of-way in the City of Paducah, at a maximum charge of 2.00 per car, except that no charge shall be made upon cars handled for the transportation of freight origi- nating on its line or lines of railroads allied with it, and shall deliver to and remove from all points on the right-of-way herein contemplated empty cars, free of charge, as speedily and promptly as possib.le, having reference alone to the general traffic on said line. Section 14. The said Paducah and Illinois Railroad Company, its successors, assigns or lessees, shall admit other roads which now enter, or may hereafter enter Paducah, to use its passenger termi- nals and tracks herein contemplated, upon an equitable basis of compensation therefor, and to afford adequate facilities therefor, within the capacity of its terminals and tracks. Section 15. The said Paducah and Illinois Railroad Company, its successors or assigns, shall, in the construction of its tracks and depots, and in the operation thereof, conform to the Police Regulations of the City of Paducah now existing, as well as such as may hereafter be enacted within constitutional limitations. Ordinance No. "17- Section _I2 Section 16. As a consideration foi-�,the grant herein made by the City to the Railroad Company, it is agreed that the said Railroad Company will, within two years from the passage and record of this Ordinance, begin, or cause to be begun, and pursue diligently /_b��� to the completion thereof, a passenger depot at or near the cor- ner or-ner of Third and Washington Streets, within the City of Paducah, to cost not less than Sixty Thousand ($60,000.00) Dollars, exclusive of cost of real estate- and, further, that the said passenger depot so established shall remain, unless changed in location by agreement between the City and the Railroad Company, the main terminal in Paducah of said Railroad Company, or its successors or assigns or lessees, and that all through passenger trains operated by the Railroad Company, its successors, assigns or lessees, from points to and beyond Paducah, will be routed over the tracks herein provided for, and be required to stop at said passenger station a sufficient length of time to discharge and receive passengers. But it is further provided that the term "lessees", in so far as it is provided by this Section that said Railroad Company, its successors, assigns or lessees, shall be required to route all of its through passenger trains from points to and beyond Paducah over the right-of-way herein granted, and to the passenger terminals herein provided for, shall not be construed to include railroad companies now operating trains into and beyond Paducah over their own tracks or leased tracks, and the entering into a contract with any such railroad company for the partial use of the tracks along the right-of-way herein contemplated, to operate passenger trains thereover, shall not be construed as a lease, nor the parties thereto as lessees, in so far as said existing railroad company shall be required to route all of its through passenger trains over the right-of-way herein contemplated. Section 17. Any violation on the part of the Railroad Company, its successors, assigns or lessees, of any of the conditions or lia- bilities imposed upon said Railroad Company herein, shall operate to avoid the rights herein granted, and, thereupon, this Ordinance and all rights herein granted to said Railroad Company, its sue- oessors, assigns or lessees, shall be null and void. Section 18. A detail drawing or map of the tracks and the approximate locations thereof, together with the depot terminals and industrial tracks herein contemplated, is herewith filed as a part hereof marked "A". Section 19. The grantee, The 'Paducah and Illinois Railroad Company, shall, in writing, to be filed with the Board of Commissioners of Ordinance No.._� the City of Paducah, accept all the terms and conditions and the grants herein made within sixty (60) days from the passage and � record of this Ordinance, and a failure on the part of said Rail- road Company to file a *written acceptance of said terms and conditions and the acceptance of said grant within said time shall constitute and be considered a refusal to accept the right-of-way grant herein made to said Railroad Company. Section 20. This Ordinance shall take effect from and after its passage and record. PASSED BY THE BOARD OF COMIISSIONERS MAY 29th, 1916 RECORDED BY H. K. HAZELIP, CLERK, LLA.Y 30th, 1916. VJP