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HomeMy WebLinkAboutOrdinances Book 9, Page 866, No Resolution NumberPage 866 � 11 A RESOLUTION DECLARING NULL AND VOID THE FRANCAISE OI;TIED BY THE KENTUCKY UTILITIES COMiiPANY TO ACQUIRE, CONSTRUCT, OPERATE AND b[AIN`l'AIN All ELECTRIC STREET RA.IL.7AY OVER CERTAIN STREETS IN THE CITY OF PADUCAH, AND PROVIDING FOR NOTIFYING SAID FRANCHISE HOLDER TO RE'JOVE ITS TRACKS, CROSS -TIES, TROLLY'':I2ES AND TROLLY POLES FROM TIE STR1�E'TS, AND DIRECTING AND AUTHORI%I_NG THE MAYOR TO GIVE SUCH UOTICE TO THE SAID KENTUCKY UTILITIES COUPANY, AND PROVIDING FOR A HEARING THLREON. WHEREAS, on April 29th, 1919, the.Board of Commission- ers of the City of Paducah, adopted an Ordinance entitled 'IAN ORDINANCE M ATII•IG A FRANCHISE TO ACI.,UIRE, CONSTRUCT, OPERATE AND PIAITHTAI`I AN ELECTRIC STREET RAILS'AY OVER CERTs_IN STREETS IPI THE CITY OF PADUCAH, AND PROVIDING FOR THE SALE THEREOF", AND WHEREAS, Said franchise was duly advertised for sale and was sold pursuant to the terms thereof, and the same was thereafterwards acquired by and is now the property of the Kentucky Utilities Company, AND WHEREAS, Many of the street railway tracks on many of the streets described in said Ordinance, have -long since been abandoned, and the greater part of the trackage removed from the streets, and said street railway system as contemplated in said franchise has ceased to function or exist and the trackage provided therefor has ceased to be used, and is now a menace to the safety of all persons using the streets, and will damage and injure the streets by their presence therein, and the trolly wiresare serving no useful purpose, but are also a menace to the safety of the public using the said streets, AND VIHEREAS, It is provided in said franchise, that upon notice given by the Board of Commissioners to the owner or manager of said railway of the intention of nullifying the i franchise, said franchise holder, after t,. -:en -(1y (20) days notice, and after having been given a fair hearLrig on the facts upon which such action is proposed to be taken, said Board of Commissioners may cause and require said electric street railway, its tracks, crossties, electric poles, trolly wires and other equipment used in the operation of said systeci, to be so .removed from the said streets. Page 867 NOW, THEREFORE, BE IT RESOLVED BY TETE BOARD OF COi`.IISSIONE S OF THE CITY OF PADUCAH, KENTUCKY. SECTION .l. That i:he Kentucky Utilities Company as the holder and owner of the franchise to acquire, construct, operate and maintain an electric street railway over certain streets of the City of Paducah, has failed without cause to operate its cars for a period of more than thirty (30) days on the. following streets embraced within said franchise, to -wit: On Broadway Street from First Street to Nineteenth Street, on Nineteenth Street from Broadway to and across Guthrie Avenue, on Guthrie Avenue from Nineteenth Street to the Mayfield Road. On South Minth Street from Broadway to the South side of Kentucky Avenue, on Jackson Street from Ninth Street to Eleventh Street, on Eleventh Street from Jackson Street to Caldwell Street, on Caldwell Street from Eleventh Street to Thirteenth Street, on Thirteenth Street thence to the Union Station or the Illinois Central Depot. On South Sixth Street from Broadway to Washington Street, on North Fourth Street from Broadway to Madison Street, on North Sixth Street from Broadway to Madison Street, on South Fourth Street from Broadway to Kentucky Avenue, on Kentucky Avenue from Third Street to Fourth Street, on Third Street from Broadway to Broad Street, on Broad Street from Third Street to Fourth Street, and to include the,•ein all switches, crossings and other equipment used or employed in said Street Railway System. SECTION 2. The said franchise holder, to -wit, the Kentucky Utilities Company, will be rec,uired to remove said railway tracks, cross -ties, trolly wires and Poles as speedily as possible, and said removal shall be commenced immediately, after the expiration of twenty (20) days from the date of delivery of the copy of this Resolution, with notice of the adoption thereof as herein provided to the manager or chief officer of said franchise holder in McCracken County, but said franchise holder will not be deemed to be m_uired to make said removal until after the expiration of twenty (20) days from the date of delivery of said notice aforesaid with a certified copy of this Resolution, nor until after the completion of any hearing thereon, as provided in said franchise. Pale 868 SECTION 3. In he removal of said street raili•;ay, its rails, ties, trolly :•vires and poles as herein provided, said franchise holder tall not unnecessarily block or obstruct traffic on said streets, nor will said removal be made in such way as to damage the property or endanger the lives or safety of persons along said streets. And as and where said street rail -ray and ties are so removed from the streets, or from any block thereof, the foundation or base and the surface of said streets shall be immediately restored so as to conform as to 'he grade established by the City, and said surface shall be replaced with the like or similar material as that usedin the construction of said streEts from which said street railway is so removed. Upon failure of the said franchise holder to promptly and efficiently remove said street railway ,its rails and cross -ties, and to replace said streets as herein contemplated, in a manner satisfactory to, and to be accepted by the Board of Commissioners of the City, •the City reserves the right itself to remove or cause to be removed, said street railway, its rails, cross -ties, trolly wires and poles, at the expense of said franchise holder, and to require it to pay the costs and expenses thereof. SECTION 4. This Resolution, when adopted by the Board of Commiss as provided by law, shall be recorded and published, and have the same force and effect as an Ordinance, and a certified copy thereof with a notice, letter or other communication, signed by the ?Jayor, shall be delivered to the Manager or other Chief Executive Officer or Agent of said franchise holder in DIcCracken County, which service shall be made by the Chief of Police or some other Police Officer of said City, who shall make a written return on the copy of said notice, reciting the facts of said service and the manner in which it .;as effected, and the date thereof, which return shall be received by the Board of Commissioners and spread upon the minutes of said Board. For the purpose of executing any and all -documents and papers necessary in effecting the purpose of this Resolution, the Mayor is hereby authorized and empowered to execute any and all such documents; to sign, or cause to be executed and signed, and any and all notices on behalf of the Board of Coruiiissioners. SECTION 5. i This hesolution shall be in full force and effect from and after its adoption. i Signed �- or Passed by the Board of Commissioners April. 23rd, 1964. Recorded by Rudy Stewart, Clerk April '�,`'t:�`1934.