HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 159u
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REVISED ORDINANCES OF DADUCAH, 169
P. T: & A. 'Side Track.
Water Works Franchise.
two-inch oak plank inside and one foot wide on the outside
,of its tracks at said crossings, and so maintain the same
thereafter, and in no event prevent the free flow of water
along the gutters at said crossings, and besides, said com-
pany shall at all times hereafter be subject to requirements
of the city council hereafter to keep said crossings in good
condition, with the use of such material, wood, gravel or
,tone, in manner and form as the council may hereinafrer
prescribe. And said company, in the acceptance, hereby
waives and relinquishes any and all rights that they may have
to alter or change their tracks across Third street at Norton
street under any ordinance of the city of Paducah granting a
right 'to cross said Third street. And said Paducah, Tennes-
see & Alabama Railroad company shall, in ten days after the
passage of this ordinance, signify their acceptance of same in
writing, filed with the clerk of the council. And this ordi-
rance shall take effect from its passage.
Adopted May 16, 1892.
W. H. PATTERSON, C. C. P.
Approved May 17, 1892,
D. A. YEISER, Mayor.
Water Works Franchise.
An ordinance to provide for the supply of clear filtered
Ohio river water to the city cf Paducah and its inhabitants;
authorizing J. A. Jones of the ci,y of St. Louis, Mo., his as-
sociates, successors or assigns, to construct, operate and
maintain a system of water works, contracting with said.
Jones, his associates, etc., for a supply of v ater for public
and domestic use, and giving said city an option to purchase
said water works.
Be it ordained by the mayor and counci; of the city of
P-.ducah
160 REVISED ORDINANCES OF PADUCAH.
Water Works Franchise.
i. In consideration of the benefits which will result to
tic city of Paducah and its inhabitants from the erection,
maintenance and operation of waterworks in said city, there
is hereby granted to J. A. Jones, of the city of St. Louis,
Mv., his associates, successors or assigns, the privilege of es-
tablishing, operating and m?intaining waterworks, and the
construction of stand pipes, reservoirs and other works and
buildings necessary for 'Fe operation of said works, and also
of laying mains, conduits and pipes, snd the placing of fire
hvdrants in and along all the streets, alleys and avenues and
public grounds of the city of Paducah, as the same exist or
may hereafter be established, for supplying water for do-
mestic and other purposes for Cie term of forty years from
and after the passage of this ordinance 'unless said works
shall be sooner purchase.' by said Gry.
2. The general plan of construction -and operation of
said water works shalt be as follows:
The water shall be clear, filtered Ohio river water. It
shall be forced by direct pressure from the pumping engine
to an elevated iron tank, twenty-two feet in diameter and
123 feet high, erected upon a substructure fifty feet high, in
such a manner as to give practical working head or pres-
sure, suitable and sufficient for domestic, manufacturing and
fir: protection purposes; and to be increased if necessary to
meet the demands of the city. A substantial stone or brick
building shall be erect•:d for a pump hou.te, and there shall
be two pumping engines, each having a capacity of 2,000,000
gallons in twenty-four hours. The power -ind capacity of
said machinery shall be sufficient to throw from any eight
fire hydrants eight simultaneous fire streams, through fifty feet
of two and one-half inch rubber hose and one inch ring nozzle,
to a height of too feet, fnr a period of five hours or less, as
the mayor and council may determine. And upon this test
being successfully made the city shall be obliged to pay the
hydrant rental hereinafter provided. Provided, The council
may at any time not less than me year after a test has been
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REVISED ORDINANCES' OF PADUCAH. 161
Water Works Franchise.
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71 77
making of any such test the wrrks fail to come up to the
test, the rental of the hydrants shall cease until the works
are brought up to said t-st.
•.'
The pipe system shall consist of twelve miles of stan-
dard castiron waterworks mains, varying in size from four to
1
sixteen inches inside in diameter, and shall be located and laid
in such a manner as to have no dead ends, on such streets
as the council may designate, by said Jones, his associates,
successors or assigns, within one year after the passage of
j
this ordinance.
,
- All pipes are to have three feet covering.
3. That in consideration of the benefits that will ac-
crue to said city of Paducah by the erection and maintenance
'
of said waterworks, said city agrees to rent and does
hereby rent for the term of twa:;ty years from and after the
passage of this ordinance, as herein provided, from said
Jones, his associates, successors or assigns, one hundred and
4Aty anti -freezing, double nozzle fire hydrants, at an annual
;
rental of -forty dollars each, payable quarterly, to -wit: Jan-
as
uaiy t, April t, July t and October i of each and every year
of said term (unless so -mer purchased by the city), with in-
terest at six per cent per annum upon deferred payments.
,Said fire hydrants shall be located upon the mains at such
points as the city may ;elect 'ano designate, within thirty
dayb after the said Jongs,,his associates, successors or as-
signs shall file with the clerk of the council written accept-
REVISED ORDINANCES' OF PADUCAH. 161
Water Works Franchise.
made, roquire another similar t:st to be made, and if at the
making of any such test the wrrks fail to come up to the
test, the rental of the hydrants shall cease until the works
are brought up to said t-st.
•.'
The pipe system shall consist of twelve miles of stan-
dard castiron waterworks mains, varying in size from four to
1
sixteen inches inside in diameter, and shall be located and laid
in such a manner as to have no dead ends, on such streets
as the council may designate, by said Jones, his associates,
successors or assigns, within one year after the passage of
j
this ordinance.
,
- All pipes are to have three feet covering.
3. That in consideration of the benefits that will ac-
crue to said city of Paducah by the erection and maintenance
'
of said waterworks, said city agrees to rent and does
hereby rent for the term of twa:;ty years from and after the
passage of this ordinance, as herein provided, from said
Jones, his associates, successors or assigns, one hundred and
4Aty anti -freezing, double nozzle fire hydrants, at an annual
;
rental of -forty dollars each, payable quarterly, to -wit: Jan-
as
uaiy t, April t, July t and October i of each and every year
of said term (unless so -mer purchased by the city), with in-
terest at six per cent per annum upon deferred payments.
,Said fire hydrants shall be located upon the mains at such
points as the city may ;elect 'ano designate, within thirty
dayb after the said Jongs,,his associates, successors or as-
signs shall file with the clerk of the council written accept-
ance of the terms and condition, of this ordinance, as re-
"I
quired by section12 of this ordinance; and at no time during
the continuance of the franchise herein granted to said Jones,
his associates, etc., shall the rental of the hydrants to the
city exceed the' rates' h=rein specified.. The city shall have
the right to rent additirns.l hy.rants as an annual rental of
$3o each for the first thirty hydrants and $25 for each addi-
tional hydrant. .All hykirants in excess of the first 4$6 to be
for the full term of twenty years and payable as heretofore
i.
I
162
REVISED ORDINANiCES OF P•ADUCAH.
Water Works Franchise.
provided. The hydrants shall be used exclusively for the
extinguishment of fires, necessary practice and drill of fire
companies, and flushing and washing the city sewers and
gutters. But in all cases of fires and practice no nox7le
larger than one inch shall be_ uscd. In washing sewers and
gutters not more than two hydrants shall be opened at the
same time. In all cases of practice and flushing of sewers
and gutters the superintendent of the waterworks shall be
notified.
4. The said Jones, his associates, successors or assigns,
shall extend the mains to any -art of the city when request-
ed to do so by resolution of the city council. Provided,
There shall be three res; onsible consumers for every 300
feet of pipe extension who shall agree in writing to take,
ust and pay for water at established rates for a term of not
less than two years, as soon as the mains are laid. And
the city shall rent an additional hydrant for every 400 feet
or major part thereof of such extension:- Provided, That no
extension, thus made shall be smaller than four inches inside
diameter.
g That the said Jones, his associates successors or assigns,
will hold said city harmless from any end all damages aris-
ing from negligence or mismanagement of employes. There
shall be no unreasonable or unnecessary obstruction of
streets, avenues, alleys or public grounds, and the same
shall be permanently restored to their former condition as
neat and as soon as practicable.
6. That the city of Paducah will enact all needful and
requisite ordinances to protect the works and p,doperty from
damage, fraud and imposition.
7. That any person or persons or corporation who shall
take or use any water from said works for domestic or other
purpose without contracting for the same shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not
less than $to nor more than $too, to be enforced as other
city penalties.
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REVISED ORDINANCES OF PADUCAH. 163
Water Works Franchise.
8,' That said Jones, his associates, successors or as, ,
signs shell have the right to shut off water temporarily from
tht mains or any portion thereof for the purpose of making
repairs or extensions to :he works, and the said Jones and
his associates, successors or assigns shall not be liable for
any damages occasioned by such temporary suspension of
the supply of water, provided notice is given of the inten-
tion of shutting off the water and such repairs and exren-
cions are made without d lay and with due diligence, But
if at any time the supply of water is shut off from any cause
fo• more than five days at a time the rental for the fire by-
drants shall cease during the time of suspension. And if,
at any time after the said waterworks are completed for any
cause the said Jones, his associates, successors or assigns
shall fail to furnish an adequate supply of water for fire
and other public and privete puraoses as provided for in this
ordinance for the period of three months continually, then
this contract .shall be null and void and the privileges and
franchise herein granted shall be forfeited and cease,
g. The city shall have the option and privilege at the
expiration of five years from the passage of this ordinance
and at the expiration of every five years thereafter, upon giv-
ing six months' notice in writing, to purchase said works and all
property connected therewith at a fair valuation, to be ascertain-
ed as follows:' In the event of said city and. said Jones, his
associates, successors and assigns failing to agree on the
price, three disinterested experts no; residents of the county
of ?McCracken nor interested in the waterworks in any way,
sh,.11 be chosen and sworn te. determine the value. One to
be appointed by the city, one by said Jones, his associates,
successors or assigns, and the other by two arbitrators
so appointed. Then the three experts shialAthen proceed to de-
termine the fair value of the works,•but the franchise grant -
CU by the city shall not be taken into consideration in vale- '
tion. A majority 'of said experts shall decide. When said
experts or a 'majority of them, by agreement- in writing,
164 REVISED ORDINANCES OF PADUCAH.
Water' Works Franchise.
shall have completed their award, one copy shall be deliv-
ered to the city and one to said Jones, his associates, suc-
cessors or assigns. Within six months after the date of such
award, the city at its option shall pay to said Jones, his as-
sociaes, successors or ass-igns'the full amount of said valua-
tion in,bonds of the,cit of Paducah issued b her
Y y properau-
thorities, bearing interest at six per cent per annum, interest
payable semi-annually at the office of the treasurer of the city
of Paducah, said bonds to be due thirty years after date and
payable at the option of the city any time after ten years.
Said bonds are to be taken at par. Or the city may pay
the amount of said valuation in cash. And on the delivery
of said bonds or cash'the said Jones, his associates, succes-
sors or assigns, shall convey to the city all their right, title,
privileges and franchise in said waterworks. But upon the
failure of the city for a period of six months after the date
of such award to delivrr said bonds or pay the cash, the
right of the "city to purchase shall be waived untii the ex-
piration of another five years. All costs of appraisemint
shall be equally divided between said city and said Jones,
his associates, successors or assigns, if the sale is consum"
mated; if not con: umntated said city shall pay a!i• ,33ts of
said appraisement. Tac city shall ir, such purchase as-
sume and perform all t:nfinished contracts for fvrhishing
water.
in. It is further provided and ordained that said Jones,
his associates, successors or assigns may charge and collect
-s their annual water rates a tariff of price; equal to but
not exceeding the average rates charged by the cities of
Kansas City, Mo., St. Louis, Mo., Louisville, Ky., and Cincin-
nati, O. The rates shall be payable quarterly or monthly in
advance, at the option of said Jones, his associates, succes-
sors or assigns.
rr. And the. said Jones, his associates, successors or
assigns ,hall furnish water free of charge to all city build-
ings, public schools and church -s; also one public drinking
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REVISED ORDINANCES OF PADUCAH.
165
Water Works Franchise.
fointain for man and beast in each ward of ;he city at such ;
places as the council may designate; a:bo one fountain in
each and every public>rk the city may hereafter establish,
and one in the court house square, bui no water is to be car-
ried from any of the above fountains in vessels or other-
wise.
12. Within ten days afttr the passage of this ordinance .
the said Jones, his associates; successors or assigns shall
rrr file with the city clerk of the council written acceptance of
the terms and conditions of th:a ordinance and said Jones,'
hi: associates, successors o. assigns s!-all commence work
wi•hin sixty days thereafter atrl have the work completed•
within one year thereafnr, provded, however, that any un-
avoidable delay or any orde1 of court shall not be included
in estimating the time within which the works shall be com-
pleted.
13. The said Jone:, his a.,sociate, successors or as-
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signs shall file with the clerk of :he coancil any, assignment
that maybe made of the works and franchise hereby '
granted
14. Before this ordinance shall take effect it shall be
4
submitted to a vote of the qualified voters of the ciry of
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Paducah at the voting places in the several wards, on the
8th day of October, 1884, and should a majo,'ty of the' qual!
�ified
vot'_rs voting at said election vote for he adoption of
the; ordinance, then the same shall take effect and become
a :aw: Provided, That after its adepticn by the people at
the polls two-thirds of the council shall thereafter. v6te fdr•'`.
it in the council, or should 1 n ajm•ity voting-- atsaid elec-
tion vote against this ordinance, then the ,ssme to be, null
and void.
Adopted,. Sept. 29, 1884. ,
HHNRY H. IIOUSTCN, C. C. P.
'
Approved, Sept. 30, 1884.
t
CHAS. REED, Mayor.
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166 REVISED ORDINANCES OF PADUCAH.
Election for Water Works. Water Works Franchise Amendment.
Election for Water Works.
An crdiance providing for an electron by the qualified
voters of the city of 'Paducah on the question of adopting
waterworks ordinance.
Be it ordained by he mayor and the city council of the
city of Paducah, Ky.
1. That an election to be field by the regular officers
of elections of the city of Paducah at the voting places in the
several wards in the city on the 8th day of October, 1884.
That the pollbooks at said elections shall have two columns;
ore headed "For the Waterworks Ordinance" and the other
'•'Against the Waterworks Ordinance," and each voter shall
be asked, "Are you for or against the waterworks ordi-
nance?' And his vote shall be recorded and counted in the
proper column on the poll book. The officers of said election,
tion shall make returns of the poll bock of said election.
w th' tht proper certificates thereon, as is required in or-
dinary city elections. The regular comparing board shall
examine said poll books, count the votes for and against
said ordinance and certify the same to the council in the
manner and at the time required for comparing the poll
books and certifying the came in ordinary city elections.
4. This ordinance shall take effect from its passage.
Adopted Sept. 29, 1884.
HENRY H. HOUSTON, C. C. P.
I Approved Sept. 30, 1894,
CHAS. REED, Mayor.
An ordinance to amend an ordinance, approved Septem-
ber 30, 1884, entitled . "An ordinance to provide for
the supply of clear,filtered Ohio river water to the city
of Paducah and its inhabitants; authorizing j. A.Jones, of the
city, of $t.Louis,Mo.,and his associates, successors or assigns,
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REVISED ORDINANCES OF PADUCAH. 167
Water Works Franchise Amendment.
to construct, operate and maintain a system of water works,
contracting with said Jones, his associates,etc.,for a supply of
water for public and domestic use, and giving to the city of
Paducah an option to purchase said works.
Be it ordained by the mayor and council of the city of
Paducah:
r. That section 3 of the ordinance to which this is an
ainendm•nt be and the carne is hereby amended by striking
uut the words "from and after the passage of this ordinance,"
.and inserting in their stead the following: "From and after
the completion and acceptance of said works by the city of
Paducah, and the successful makingof
the test provided for
in the second section of said ordinance."
2. That section rt of said ordinance be amended by
adding at the end thereof the following words "The said
Jones, his associates, successors or assigns shall put, at their
P own expense, one water guage at each engine house in said city,
and when the water in the standp;pe gets below seventy -
rive feet head the hydrant rent shall cease; and said Jones,
his associates, successors or assigns, shall establish, main-
tain and operate, with each hose and engine house in said
city telephone communication at their own expense; and said
Jones, his associates, successors and assigns shall at all
times keep the fires in the furnace under the boilers 'bank-
ed.,
3. That section 2 of the said ordinance be and is hereby
amended by striking out the words: "The pipe system
shall consist of twelve miles of standard cast iron water-
works mains, varying iri size from four tp sixteen inches in-
side diameter, and inserting "The pipe system shall consist
of twelve miles of iron pipe, varying in size from six to six-
teen inches inside diameter, and which strait be submitted
to a hydraulic test of 400 pounds to the square inch." And
section 4 be and the same is hereby amended by striking out
the word "four or "figure 4" in the last line of said section,
and inserting in lieu thereof the word "six" or figure 6.
!68 REVISED ORDINANCESOF PADUCAH.
Water Works Franchise Amendment. Protection of Water Works.
4. That section 9 of said ordinance be and the same is
` hereby amended by striking out the word "six" and insert-
ing the word "five," so as to read, "The bonds shall bear
five per cent interest per annum, instead of six per cent in-
terest per annum."
$. That section Io.be and the same is hereby amended
by adding the name of Nashville, Tenn.. to the. names of the
cities in said section named.
6. This ordinance -hall take effect and be in force from
its palsssge.
Adopted Oct.'6, 1884.
D. C. WILCOX, Acting C. C. P.
Approved Oct. 6, 1884.
CHAS. REED, Mayo..
Protection of Water Works.
An ordinance to protrct the prcperty and water of the
Paducah Water SupplyCompany fcom damage, imposition
and fraud.
Be it ordained by the council of the city of Paducah,
r. Whoever, having license or permit from, or agree-
ment with the Paducah Water Supply Company for use of
water from the works of said company, shall use or
allow to be used for other purposes than those specified in ,
the license or permit or agreement with said water Company, 40
or shall knowingly perms any perEon not authorized by
said company to take or use water from any hydrant or ,
Connection -on the, premiEes or under control of such per-
son, -or permit the water to run therefrom without being
used, shall be guilty of a misdemeanor, and on conviction
thereof shall be fined not less than five nor more than fifty
dbllars.
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