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HomeMy WebLinkAboutOrdinances Book 9, Page 880, No Resolution Number880 A RESOLUTION DECLARING NULL PIVD VOID THE �ANCHISE "'RICH WAS ADOPTED AND ESTABLISHED BY. Tf]E BOARD OF CO::_:iISSIO' ERS OF THE CITY OF PADUCAH ON THE 29TH DAY OF APRIL 1919, BY AN ORDINANCE ENTITLED I/ AN ORDINANCE CREATING A FRANCHISE TO ACQUIRE, CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC STREET RAILWAY OVER CERTAIN STREETS OF THE CITY OF PADUCAH, AND PROVIDING FOR THE SALE THEREOF", AND WHICH FRANCHISE 17AS AFTERI-711RDS ACQUIRED BY THE KENTUCKY UTILITIES COMPANY AND IS NOVI OIJNED BY IT AND DIRECTING THAT THE SAID FRANCHISE HOLDER TO*WIT, I THE KENTUCKY TUILITIES COMPANY, BE NOW INSTRUCTED, AUTHORIZED PIVD DORECTED TO REMOVE ITS STREET CAR TRACKS, CROSS -TIES, TROLLEY MIRES AND SUCH OF ITS TROLLEY POLES AS ARE NOT USED AS SUPPORT OR FOR THE STRINGING THEREON OF ELECTRIC OR P017ER ViIRES EITHER BY I•. THE CITY OF PADUCAH OR BY THE HOLDER OF SOIIE OTHER FRANCHISES ISSUED BY IT. WHEREAS, the Board of Commissioners of -the City of Paducah, did, on the 23rd day of April, 1934, adopt a Resolution declaring null and void the franchise oimed by 'the Kentucky Utilities Company to accuire, construct, operate and maintain an electric Street Railway over certain streets in the City of Paducah and providing for notifying said ranchise holder to remove its tracks, cross -ties, trolley wires and trolley poles from the street, and directing and authorizing the Mayor to give notice to said Kentucky Utilities Company, and providing for a hearing thereon, and WHEREAS, pursuant to said resolution the Mayor of the City of Paducah did on the 24th day of April 1934 deliver and caused to be delivered to the Kentucky Utilities Company through its resident Manager in the City of Paducah, Hon. Geo. 47. Howson, a certified copy of said Resolution and a copy of said notice, and requiring the said Kentucky Utilities Company to appear before the Board of Commissioners of the City of Paducah in the Commissioners Chamber on Monday, May 14th, 1934, the same being twenty (20) days after the service of said notice and delivery of said certified copy of ::aid Resolution, at which time and place the said Kentucky Utilities Company, as holder of said franchise, should be given a full opportunity for a fair hearing on the facts upon which said action of said Board of Commissioners I was taken, and WHEREAS, at 2olclock P.M. on Monday, May 14th, 1954, the said Kentucky Utilities Company appeared by said Manager, the Hone. George 17. Howson, and other officers and agents of said corporation and by its Counsel, Hon. James G. Wheeler, who Page 881 presented to said Board of Co!mnissioners the res-gonse of the Kentucky Utilities Company on the question of the removal from the Streets of the City of Paducah, its tracks, ties, poles, wires so used by said Kentucky Utilities Company, and pursuant to its franchise aforesaid; that after the examination of the fact and the Dresentation of questions of law arising thereunder and in order that further time could be given to the said franchise holder to fully present the facts pertaining to said matter and in order that it should have a fair hearing upon the same it was mutually agreed between the attorney, representing said Kentucky Utilities Company, the general manager of samd and its other officers and agents then present with the Mayor and Board of Commissioners of said city that the hearing be postponed until 2:00 b1clock P.M. on Wednesday May 23rd, 1934 for further hearing and consideration of the matters and questions raised in said procedure and, WHEREAS, the Kentucky Utilities Company having now been afforded a full and fair opportunity for a hearing upon the facts involved in said resolution aforesaid, and the members of the Board of Commissioners of the City of Paducah being fully satisfied that under the facts disclosed and admitted,the Kentucky Utilities Company as holder and owner of said franchise has forfeited the same to the extent described in said Resolution aforesaid. THEREFORE, BE IT RESOLVED BY THE BOARD OF COWIISSIONERS OF THE CITY OF PADUCAH: SECTION 1. That the franchise of the Kentucky Utilities Company to acquire, construct, operate and maintain an electric Street Railway over certain Streets of the City of Paducah, Kentucky to -exit: On Broadway Street from First Street to Nineteenth Street; on Nineteenth Street from Broadway to and across Guthrie I I Avenue; on Guthrie Avenue from Nineteenth Street to the Mayfield Road on South Ninth Street from Broadway to the South side of I Kentucky Avenue; on Jackson Street from Ninth Street to Eleventh Street; on Eleventh Strut from Jackson Street to Caldwell Street; on Caldwell Street from Eleventh Street to Thirteenth Street; on Thirteenth Street thence to Union Station or the Illinois Central depot; on South Sixth Street from Broadway to Washington Street; on North Fourth Street from Broadway to Washington 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 Page 882 Street from Broadway to Broad Street; on Broad Street from Third Street to Fourth Street, and to include therein all switches, crossings and other equipment used or employed in said Street Railway system, and the said Kentucky Utilities Company sahll forthwith remove and cause to be removed all of said railway tracks in any and all of said streets aforesaid, including its rails and cross -ties, switches and other equipment embedded or installed in said streets and it will likewise forthwith remove all of its poles which are used exclusively for the support of said trolley wires and are not used for the support of electric light or poser wires, placed thereon under any other franchises granted by the City of Paducah, or supporting any lighting or electric system of any :rind belonging to said City of Paducah. SECTION 2. The said Kentucky Utilities Company is further ordered and directed that as and :;hen said street railways, ties and other ec_uipment are removed from the streets aforesaid, to replace the foundation and surface of said streets forthriith so as to confirm -to the grade established by 'the city and so that said surface so replaced will be of like material as the adjacent street surface of a similar material, to be approved by the City of Paducah, and u,,on the failure of said franchise holder to so promptly and efficiently remove said street railway, its rails, 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 said City of Paducah reserves the right itself to remove or cause to be removed said street railway, its rails and cross ties and to replace said street at the expense of the said Kentucky Utilities Company, the franchise holder aforesaid, and to require it to nay inmiediately upon presentation of a statement of said expense, the full cost and amount thereof to said City of Paducah. The failure of the Kentucky Utilities Company, as such franchise holder, to commence in good faith the removal of said Street railway system, its rails and cross ties, from the streets of said city, r:ithin ten days from the date of ado:)tion of this resolution, shall constitute refusal to comply with the terms of this resolution and the City of Paducah will thereupon proceed as though said franchise holder had expressly refused to comply with this resolution Page 883 SECTION 3. This Resolution shall be in full force and effect upon its adoption; and its publication in the Sun Damocrat, the official newspaper of the City of Paducah, small be notice to the said Kentucky Utilities Company of all the facts herein recited and no further demands for compliance with this resolution will be required. t Signed Mayor Passed by the Board of Commissioners May 23rd, 1934. Recorded by Rudy Stewart, City Clerk P:Iay aq.-J— 1934. bo- �