Loading...
HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 148N 148 REVISED ORDINANiCES OF PADUCAH, Paducah Iron 'Company. P., T. & A. R. R. Co. or that may hereafter b e established intersecting said Norton street in the city of Paducah from the vrannd now owned by the Paducah Lumber company on Third street to the New. port News & Mississippi Valley railroad track at the west- ern end of Norton street. Provided, &..at the work of con. stn.eting the railroad be commenced within six months and completed within two years. 2. This ordinance shall take effect from and after its passage and publicaticn. Adopted June 30, 1888. IA'. II. PATTERSON, C. C. P. Approved July, 31, 1888. CHAS. REED, :Mayor. P. T. & A. R. R. Co, An ordinance authorizing the city of Paducah to sub- scribe $roo,000 to the capital stock of the Paducah and Ten- re;,ee Railroad company. Whereas, on the 28th day of January, 1%o, the city col-ncil of Paducah pa. -sed an ordinan -c, approved January 29th, 1888, of the same title as above, directing ti.at the city of Paducah should subscribe $1oo,ouo to the capital stuck of the Paducah and Tennessee Railroad company, with all the cor di'ions therein ,expressed, among others that the said or dinance should not gc into effect so as to be o:nding upon said city, or said subscription be made until the same was sulimitted to and sati,fiied by a majority of the qualified voters ofsaid city voting at an electior cr.11ed and held thereunder. And, whereas an flection was called and held thereunder on the are.. day of March, 1889, in said city of Paducah, and by a large majority the proposition was carried to make said subscription. Dut now, whereas, a similar question was sub- mitted to a vote on the same day to subscribe $Go,000 to the 1 REVISED ORDINA\CES OF PADUCAH, P., T. & A. R. R. Co, capital srock of the Paducah, Hickman and Southern Rail- road cmpany, which last proposition was also carried by a large majority of the voters. But now,, whereas, by reason of the acr of the Kentucky legislature, passed in 1870, forbidding, as many contend, the submission to a vote of the people twc such questions at the same election. And now, whereas, legal doubts have arisen since said election as to the legality and validity of the same,therefore, to remove all doubt upon the subject, the city council of Pa- ducah passes this ordinance, hereinafter set forth, in lieu of said original ordinance• ti.e purpose and intent being to en- tirely supersede, annul and set aside said original ordinance, and this ordinance hereinafter set _`Orth is to become binding as an ordinance •.tpon the acceptance of the same by the Pa- ducah and Tennessee Railroad company in writing, signed by its president, and delivered to the mayor of. the city of Paducah, containing therein a complete relinqui.hment of all rights' which might be supposed to have accrued under said original ordinanceand the vote of the people ratifying the same, therefore, Be it ordained by the council Of the city of Paducah in the state of Kentucky T. That the said city of. Paducah subscribe one hundred thousand dollars to the capital stock of the Paducah and Tennessee Railroad ccmpany, to he paid for in os�e hundred bonds of said city, in the sum of one thousand dollars each said bonds to be payable or the end of thirty years, and beat interest at the rate of four per. cent per annum, payablt semiannually,t-he principal and interest of said bonds to be made payable at some banking house in said city; said bonds to be isued under -'nd in accordance with the provi- sions of an act of the lcg'slature of said state of Kentucky. entitled "An act to amen.l the charter of Oe Paducah and Tennessee Railroad company, approved March 8th, .1854. and the amendments thereto approved March 5th, 1873, n REVISED ORDINAIrCES OF PADUCAH. P.. T. & A. R. R. Co. passed and approved February 25th, x888, and said bonds to ba executed accordin g to the provisions of said act of the legislature having coupons or interest warrants attached thereto; and when said bonds are issued and delivered as herein provided they are- to be received by said railroad com- pany at par and in full paymentoP said subscription of one hundred thousand dolla rs to the capital stock of said railroad company; and said city agrees• annually thereafter, and from time to time, tolevy and collect an ad valorem rax upon all the taxable property of every character in said city of Padu- cab, which is made taxable under •the general revenue law - of said state of Kentucky,. in an amount sufficient to pay the interest accruing on sa'd bonds as the same matures, and cc ptovide for the paymert of the principal of said bonds at maturity. Said railroad is to be built from irs terminus in Paduca? by way of,the town of Murray, in Calloway county and on to the state line 2. That said subwription-of stock be mtde on the fol• lowing conditions, .viz : That said railroad company shall within two years, from the first day of January, 1889,construM its road as hereinzfter mentioned, so as coo earn said bonds by compliance with 'tht fallowing terms and conditions, viz. Said railroad should bt constructed as a well built steel rail standard gauge railroad, so as to reach and form a connect - tion with the Union dcpor, or with its own depot in said city. And within the city limits of Paducah it may reach its said depot either over its own tracks or tracks of other rail- roads now or hereafrer to be constructed in said city. But of all events, the tracks of other roads coming to its said de- pot or depots, are not % o used, ei.t'her or any of them, for that purpor•e, except in the curporate limits of Paducah,' or not exceeding one-half mile therefrom. The said railroad com- pany shall, within thirty days after the subscription of said stock is made under this ordinance, commence work in good. faith'on said road, and prosecuee the same until comple tion,and within the time above stipulated. Unless the forego= n REVISED ORDINANCES OF PADUCAH. 151 P., T. & A. R. R. Co. -- ing terms and conditions are complied with, this ordinance shall be null and void, in which case said city of Padu- cah shall be ander no obligation to pay or deliver to said railroad company any bonds whatever. 3. After .having been properly and legally execated, sair one hundred bonds shsll be- paid over to said railroad com- pany or its order by said mayor of said city, or by the par- ty with .whom the same may be deposited in exchange for said capital stock; thai is to say, upon the construction and + completion of, said raihnsd by the laying of the track there of and the running of cars regularly thereon, connecting with said Union depot, or it)s own depot; itusaid city, in the way and manner as above provided, thence to a point upon the south line of said s tate of Kentucky, then and thereupon there shall be paid over and delivered to said railroad com- pany or order all of said one hundred bonds. Said bonds shall only bear interest from the date of delivery of said bonds; and the date.of delivery of said bonds, said railroad company shall deliver to the mayor of said city, for said city, an amount of said capital stock equal to the bonds then delivered. 4. This ordinance shall not go into effect so as to be binding upon said city% or said subscription be made,until the samr is submitted to and ratified by a majority of the quali- fied voters of said city, voting at an election called and held hereunder. .And for the purpose of ascertaining the will and sense of said qualified. voters of said city upon such proposi- tion, it is ordered that an election be held on the 8th day of July, r8&1, in said city, of which election notice shall be giv- en for the space of fift.en days .by the publication of this ordinance by one insertion thereof each week in some weekly or daily newspaper published in said city; that said election be held as now provided L -y law, in the several wards and voting places in said city, at which election each voter of - faring to vote shall be asked if he is for or against the sub- scription. to the capital stool: of the Paducah and Tennessr I '23. 152 REVISED ORDINANCES OF PADUCAH. 1'., T. & A. R. R. Co. Railroad company, and his vote shail be recorded in accord- itance with his answer. Said election shall be held, returns made and the rtsult ascertained in the manner provided by the general charter of said city in so far as the same is con- sistent with and applicable to this kind of an election. In the event of a majority of the qualified voters voting in fa- vor of said subscription then said mayor shall proceed, upon behalf of said city, to make said subscription of one hundred thousand dollars to the capital stock of said Paducah and Tennessee Railroad company, subject to the conditions aforesaid; but in case Jhp subscription is not voted for by a majority of the qualified voters of said city v6ting at said election, then this ordinance shall be void and of no ef- fect. Proof of the giving of the notice, as required to be given of said election may be made by the certificate of the awl.s,her of the newspaper so publishing this ordinance, of such publication; which certificate shall t filed with and re- corded by the city clerk, in the records of said city, and said certificates so recorded, or a certified copy thereof, shall be conclusive proof of the giving of said notice The said rail- road company shall notify the said mayor of the acceptance cf this ordinance within ten days after the passage of the same. g. Be it further ordained, and it is agreed by said rail- road company, as a part of this ordinance, to remove all doubt, that when said railroad shall be completed and opened for regular traffic from Paducah to the outer boundary line of the county of McCracken, then that part of said road and property situated within the corporate limits of said city I Hi be held to the same, and only the same, ad valorem tax- aton for all city purposes, including the liability created by this ordinance in the city, as the property of individuals lo- cated in said city is subject, and no more and no less, to tax- ation for all city {purposes and said railroad company further agrees that it will, by the time its said road is opened for traffic, construct in said city a good and subsontial depot, to 31 P., T be bu road c it slta. run it its pay own E when shops. city of yr tain ti Railr( and a thous. tain NN din ' cit line w railn,: ject v for c, in sai. ation sessor. prescr 7 and ai A • r1 :1 ma R twc' REVISED ORDINANCES OF PADUCAH, 153 P.1 T. & A. R. R. Co, be built of brick, iron or stone, or join with any other rail-. toad company or companies in so doing; provided, however, it shall be'competent for said railroad company to use and run its trains into said Union depot in said city and transact its passenger business thereat, and its freight business at its own freight depot. And it is agreed and understood that when the said railroad company shall construct its machine shops, that the same shat' be located and constructed in the city of Paducah, and shall in good faith operate and main- tain the same in said city. And said Paducah and Tennessee Railroad company covenants and birds itself, its successors and assigns, unto the city of Paducah, in the sum of fifteen thuusand dollars, to so locate, operate, construct and main- tain within said city its principal machine shops. 6. Be it further ordained and agreed, as part of this or- dinance, that when said railroad shall be completed from the city of Paducah and in running order to the outer boundary line of McCracken county, said railroad and property of said railroad company situated in McCracken county shall be sub- ;ect to and shall pay the same rate of ad valorem taxation for county purposes as the property of individuals situated in said county, no more and no less. The assessment for tax- ation for the first five years to be made by the county as- sessor, a> other property is assessed, and after that as may be prescribed by law. 7. This ordinance shall take effecc and be in force from and after its passage. Adopted June 17, 1889. W. H. PATTERSON, C. C. P. Approved June 17, 1889, J. H. JOHNSON, Mayor. An' ordinance granting the Paducah, Tennessee & Alaba- ma Railroad company the right of way over Sixth street, be- tween Norton and Jones street. , E E 15¢ REVISED ORDINANCES OF PADUCAH. P., 1'. & A. R. R. Co. Be it ordained by the council of the city of Paducah: t. That there is hereby granted to the. Paducah, Ten - 'lessee & Alabama Railroad company, its successors and as- signs, the right to build and maintain and operate two tracks between Norton and Jones streets, over and across Sixth street, necessary for the purposes of its road in connection with its grounds at or in'the vicinity of its depot. Provided, always, that said railroad company shall lay its tracks and maintain the same in accordance with the grad-- of the street, and will, at its own expense, lay between its tracks two good two-inch oak plank and the same one foot in width on the outside of every rail across the gravel portion of said street. I And after the expiration of five years, in lieu of the plank that said railroad com,)any is required to pave between its rails and one foot on the outside of each rail with good smooth limestone rock of proper depth, under the supervi- sion of the city engineer, and so maintain and keep in re- pair the same, and so lay its tracks, and maintain the same as not to impede the free flow of water in the gutters of the i street, and also will hereafter if required by the city coun- cil, build and maintain, at its own expense, such character of culverts at the gutters as the council may deem proper and necessary and prescrite. 2. The city of Paducah reserves the right tohereafter require by ordinance that said compsny, its successors or t.ssigns, shall keep a flagman at said crossings, and this ordi- nance shall take effect from its passage, Adopted March 9, t89t. W. H. PATTERSON, C. C. P. Approved March g, iSgt. J. H. JOHNSON, Mayor.. An ordinance granting the Paducah, Tennessee & Alaba- tna Railroad company the right of way across certain streets in Paducah. P., -,tan B �t. at :+ strr ltnr dirt, pre- rice. pro; a tl ttat clip cil But of t plal. trac own a•t�', acr rtgi ! rJi - said t h,. . the nn.l. abs; TI E '- t I REVISED ORDINANCES OF PADUCAH P., T..& A. R. R. Co, Be it ordained by the council of the city of Paducah: t. That the Paducah, Tennessee & Alabama Railroad com- pany be, and it is hereby granted the right of way and fran- chise to build and operate a single raiiroad track and incline :oto the river across the following streets in said city, towit: Beginning on and in connection with its track on Norton St., .at a point to be selected by it between Fourth and Third streets, from thence running said track obliquely across the + northwest side of Norton street, to private property in rhe direction of Third street, and across Third street near to its present track across said street and in the direction of the river to private property, thence through and across private property to the margin of the river bank, thence obliquely down the river bank gradually nearing the channel to a point at or near the mouth of Tennessee street and thence across the mouth of . Tennessee street, near the line of low water mirk, in conformity all the way with the survey of the engineer of said railroad company now exhibited to the caun- pil and filed with the council clerk and made a part hereof. But the same is, not intended to be any more than one line of track and does not embracethe two right angle lanes on Flat. But, of course, said .railroad company, so far as said track passes through private property, will have to make its own terms with, the,Qwnrrs J).y agreement or condemnation, and the city does not undertake to grant any right of way across the same, and provided further, that in granting said, right of way -across Norton street and Third street, said railroad company accepts the same upon the conditions that said company will so lay its track as to be no obstruction to the travel by vehicles or otherwise upon said streets. That the railroad track shall conform to the grade of said streets under the supervision and satisfaction of the city engineer. Moreover, said railroad track shall be so laid as not to obstruct the free flow of water in the gutters of said streets.., That proper culverts of stone sfiall' be'inade at the crossings of said gutters in sucirmanner and form at the cost of said 115 156 REVISED ORDINANCES OF PADUCAH. P., T. & A. R. R. Co. P. T. & A. Right of Way. -- - - -- -- - --- P i company as the mayor and city engineer may deem neces- sary and direct. That said railroad company shall plank with two- inch oak plank between the rails of its track and one foot on ne'. the outside of each of said crossings in manner and form pre, as the mayor and city engineer may deem necessary and di- Thi, rect so as to make level and smooth crossing for the travel- gron- rng public across said tracks, and the city council reserves the vey right hereafter at any time to require said company to pave eng;' with stone instead of plank at said crossings between said That tracks and one foot wide on the outside of each, and pro- 'f not vided further, that said company shall not at any time be al- corn ]owed to stop its trains or to allow them to stand in Third road street, under a penalty of not less than $g nor more than $zo said for each offense to be recovered before the Paducah city ]tern. court, and that said company shall at all times in the future c maintain and keep the same and said culverts in good repair and condition, and that said railroad company shall keep and that maintain a watchman or flagman at the crossing of Third Tat street during the same hours of the day and under the same pany penalty that the C. O. & S. W. R. R. Co., or N. N. & M. V. ton = R. R. Co., are required by existing ordinances of the city at repai their crossings named therein. This ordinance shall take ef- ill a, fect from its passage and acceptance. laic] Adopted August to, i8or. acd r W. H. PATTERSON, C. C. P. shall Approved August it, t89t. I clear D. A. YEISFR, Mayor. tirclN z. ` sc cti, said i P. T. & A. Right of Way. ngrec An ordinance granting to the Paducah, Tennessee & AI- 1.7; - abama Railroad company the right of way to change the lo- twin t- cation of its present railroad track across Third street lead- ucnt ing into the ground's of the Paducah Iron company. an( oa�