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HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 209Ll .;Rts1�A!ty`i°�":w.,�'";r,,'�?',S�^'<..'•TM��+!W+e.,.!r�."y^�",^•+,.W+v.,i�.^�"R'. Mx ,r ..p REVISED ORDINANCES OF PADUCA'H,• 209 'Street Can Fraadhiee­jBroadway. STREET CAR FRANCHISE. Broadway Line. An ordinance providing for the sate of a franchise end privileges for the purpose of erecting, operating and main- taining an electric street railwtay in the city of Paducah, Ky. Be it ordained by the General Council of the City of Pa- ducah, 'Kentucky. Sec. i. Whereas,there has been presented to the General Council of the City of Paducah, Kentucky, a petition and request, that there be sold and granted a franchise and privileges, over and upon the streets of the City of Paducah, for the purpose of erecting, operating, and maintaining an Electric Street Railway, poles, wires, and other apparatus „} in the City of Paducah, Kentucky. It is 'hereby ordered by the said council of said I city, that there be sold at public auction not less than thirty (30) days from the passage of this, and approval by the Mayor of the city of Pa- ducah, to the highest and best bidder, with the right of said city to reject anyand all bids, as it may deem prop- . er, the said franchise and privileges, for the purpose above- mentioned, and under the conditions that may hereinafter i follow in this ordinance. Sec. a. The sale of said franchise, and acceptance, by the said city,shall vest the title in the purchaser theTeofti their le- gal representative, successors or assigns, for a period of twenty (zo) years from the date of the purchase thereof. Sec. 3. There is hereby granted to the purchaser, its successor or assigns, for a period of twenty years from t'he passage of this ordinance, a franchise to construct, oper- ate and maintain a system of Electric Street Railway, with single track and such turnouts, switches and curves, as may r be necessary, over and along the following streets, to -wit:. On Broadway Street, from Front Street to the intersec- tion of Broadway Street and Fountain Avenue; also or , c E i a 210 REVIS$D ORDINANCES. OF PADUCAH. Street Car Franchise—Broadway. Broad Street; also onThird Street from the intersection of Broadway and Third Streets to the intersection of Third and Broad Streets; also on Sixth Street from the intersec- tion of Sixth and Broad Streets to the intersection of Sixth and Trimble Streets; also on Trimble Street from the inter- section of Sixth and Trimble to the intersection of Trim- ble Street and Fountain Avenue; also from th6 intersec- tion of Sixth and Jackson Streets, oil Jackson Street, to the intersection of Jackson and 13th Streets. Sec. q. All rai:s ?aid, or road constructed under this franchise, shall be laid or constructed, as near as possible, in the center of the street, and but one main track shall be laid over the Streets herein designated. ' Sec. $. In constructing switches,no greater distance shall be heft between the switches and the main 4rack or between the center track and theswitches than is sufficient to clear passing cars, amino switch shall be constructed at the intersection of streets, or within twenty (20) feet thereof, and no switch shall be located upon the line of said road, except at such a point as shall be designated -by the Street Committee of the .General Council. Should' said purchas- ers ,its successors or assigns, ,fail or refuse to comply with the provisions df this section, it shall be fined twenty (20) dollars for each day it so fails or refuses. Sec. & This franchise is granted upon the express condition that the purchaser, its successors or assigns, shall maintain the streets now graded between its tails, and by grading and paving, as the General Council may order, ba- tween its rails of any streets not now graded or graveled; and the city reserves to itself the right to require said pur- chaser, its successors or assigns, to conform to changed or altered grades of said streets, and to pay the costs thereof, or otherwise improve it between its rails; to make culverts for the free flow of water; and the city- shall not be liable , for any damages or delay in the operation of the business E l Street Car Frawdhise-+Broadway. of said company, occasioned by any such improvements or repairs, or construction, bursting or repair of any sewer or . pipe in or across any street or alley, or injury by any mob or other violence. And the city further reserves to itself the right, at any and all times, to require a change of rails, or improve- ment of construction or operation, and regulate and control fares for passengers, but the minimum fare for each person, per trip, shall not 'befixed by ord'inence at less than five cents (5); and also reserves the right to regulate and con, trol the speed of cars, and the frequency of trips, and re- quire any wire taken down or laid tinder the ground, as the public good Tway re=quire, and shall not be liable for any cast or damage occasioned by said change or regulations; and the city reserves to itself the right to regulate and con- trol the same in all matters pertaining to the public good. Sec. y. When said purchaser, its successors or assigns, shall be notified by the Street Committee of the General Council; to repair or construct a street between its rails, it shall at once proceed to do so,and should it fail for to consecu- tive days.afte;r such nokice,to repair or construct such street as . directed, It shall, for each day thereafter, be fined twenty dollars ($20.00) until such street is repaired or constructed, or until said work of repair or construction shall, in good faith be began. Sec. 8. The . fare for one continuous passage over said line, shall not exceed five cents (g) for each person. See. q. Cars shall be run on said lines from end to end, at least once every hour, from opposite directions, be- tween the hours of six o'clock a. Tm; and ten o'clock p. in. Should it fail to comply with these provisions of this sec- tion for ten consecutive days, then, for each day thereafter it shall be fined twenty dollars ($20.00). Sec. to. Cars shall run at a speed not exceeding eight r 212 REVISED ORDINANCES OF PADUCAH. 'treet Car Franebise— Broadway. miles per hour within the business part of the city, and not exceeding ten miles (ro) per hour elsewhere, and when . signaled by passengers, or parties desiring passage on said cars, the same shall be stopped on the opposite side of the nearest crossings after receiving said signal, and with each failure to comply with the provisions of this section, it shall be fined five dollars ($5). Sec. tt. Said purchaser, its successors or assigns, shall pay to the Treasurer df the City of Paducah, at the begin- ning of each year, in advance, a license tax of thirty dollars ($30.00) upon each motor car, and five dollars ($5.00) upon each trailer car, operated by said: line of railway, and pay at the rate of thirty dollars ($3000) per motor car, and five dollars ($5) for each trailer, added after the begin- ning of the year, and the city reserves to itself the right to increase the license tax herein provided, to any sum not ex- ceeding fifty dollars ($50.00) per annum, per motor car.. Sec. 12. This ordinance is subject to amendment after its passage, at any time. Sec. 13. Should the City of Paducah, at any time 'be- fore the expiration of this franchise, rebuild or reconstruct any street occupied by the purchaser, its successors or as- signs, then said purchaser, its successors or assigns shall not be required to stand any of the expense of such rebuild- ing or reconstruction, but after the same may be so rebuilt or reconstructed, said owner shall keep the spaces afore- said in good repair, with the same character of material with which said street may be constructed; but it is under- stood that the city shall not be liable for the expense of taking up or relaying the rails and ties to conform to grade of any street which may be reconstructed, over which this franchise may extend. Sec. 14. Should said cotmpanyi its successors or as- signs, fail for a period of thirty (30) days, at any time, to 0 1 REVISED ORDINANCES OF PADUCAH. 213 Street 'Car Franchise—Broadway. use or operate the franchise herein granted, or any part thereof, where tracks are now laid,' or sha!l hereafter be laid, by the purchaser of this franchise, its successors or assigns, then the whole franchise shall become void; and any street or streets, over which this franchise extends, on which tracks are not now laid and cars not operated, said streets must be utilized, tracks built, and cars operated reg- ularly, within a period clF five (5) Y g as such streets are concerned, shall become null and void. This obligation, howover, does not apply to such period of time as the purchaser, its successors or assigns, are shut down, or, are not operating on account of repairs or ob- structions by the city; and should the purchaser transfer or assign the franchise herein granted, to any company or companiesl, individual or individua!s, co -partnership or other persons, natural or artificial, which may be already ' engaged in a similar competing line of business in the City of Paducah,then,the franchise herein granted shall at once cease and become void; and should the purchaser to which • this franchise is granted, transfer and assign samte, and fail to incorporate the provisions of requiring the party to which same is transferred, to obligate himself not to sell or transfer to a competing line, then, this franchise shall at once become void and inoperative. Sec. 15. The city reserves the right to prescribe the number, kind and location of all turnouts and switches to be used in the operation of the Street Railway, which may be operated by the said purchaser, its successors or assigns; r and it also reserves the right to control and prescribe the kind and quality of the material to be used in replacing or repairing streets,and Iccat:ons of all turnouts,switches and curves and crossings of the streets to be used along the !ine , of said railway, to be made at the exclusive cost of the pur- chaser, its successors or assigns: - Sec. to The t.-ack of the said Railway sl.all be of clic 1 ,y 1 ` I 214 REVISED ORDINANCES OF PADUCAH. r t, Street Car 'Franchise—Broadway. ° gauge of four (4) feet and eight and one-half (8%) inches, or standard gauge; and the rails shall be steel of the most approved pattern, to be laid on a level with the pavement or surface of the streets, with suitable bridges over all cul- verts, so as to allow free flow of water. Sec. 17. Any street that shall be removed in the con- struction of said railway, shall be replaced in good order, and kept so by the owner of said Railway, without unnec- essary essary delay. ' Sec, t8: The City of Paducah reserves the right to take • up and remove said railway, or permit others to do so, when- ever it shall be necessary to repair or improve streets, or to lay water pipes, or sewer pipes, or for other public purposes, but such repairs or improvements shall be made without un- necessary delay, and any track thus removed, shall be re- placed by and at the expense of the party for whom the im- •` povements were made. Sec. tg. The owners of said Street Railway 'shall be lia- ble in all cases, by reason of carelessness or negligence, or misconduct on the part of its' agents or employees in the construction, use, or management of said railway, and it shall hold the City harmless on account of damages which may be claimed by owners of property, or by any person on account of laying of said track, or by reason of the laying thereof, or in the use thereof, by running cars on same. Sec. 20. The General Council shall have the power to grant to one or more companies and individuals the right to occupy and use the above named railways, for not exceeding the distance of eight hundred (boo) feet, provided, that the use of said eight hundred (800) feet shall be necessary for the purpose of connecting the line, or lines, (of said railway with another line; or lines) owned, or operated by said other 1 company, or individuals: and provided further, that the use } and occupation of the said eight hundred,(800) feet shall not materially interfere with, or impede Che use and occupation 1 11 1, REVISED ORDINANCES OF PADUCAH. 215 �r `Street 'Car Franchise—Broadway. 'i of same by either company, its assigns 'or successors, or by ythe public; and provided further, that the expense of laying and keeping the same in repair, so far as is used by the dif- �t feren.r companies or individuals, shall be shared equally by all who make use thereof. Sec. 21.. The owner, of said railway shall place, and con - tinue thereon, good car with modern conveniences, and may charge not more than five (5) cents for each passenger, and half fare for children batween five and twelve years of age, and :hose under five years of age free, when accompanied by responsible attendants; and the City reserves the right upon giving notice to the manager or owner thereof, to reg- ulate the fare, time and speed, and number of trills per day to be made by the cars of said railway, as above set out. This section is subject to the provisions -of Section No. 8, herein above str out. Sec. 22. The follo ving regulations shall be enforced, to wit.: No car shall be drawn,ct a greater rate of speed than eight (a) miles an hour, w:thin the center, or business por- tion of the City, and ten(to) miles per hour elsewhere. No car shall be allowed to stop over any foot crossing, or in front of any intersecting streets, unless to avoid a collision L or damage; conductors and motormen skall keep a diligent watch for all teams, carriage;, and children, and upon the discovery of danger, the cars shall be stopped in the shortest t.me and space possible. When a car is stopped at the inter- section of a street, the rear platform must be in such position that passengers can conveniently step to or from the street 1 crossing. The cars shall be entitled to the track, and any vehicle upon said track,or dose to same,shall turn out when- ever the car comes up, and shall leave the track unineumber-, ed, and the driver of a-iy vehicle who shall refuse to leave the track with his vehicle, when requested, or signalled by Elie conductor or motorman to do so, shall be fined five dol - tars ($5.00) for each offense, to be paid into the City Treat - 4 ury, and the same may be recovered by warrant or summons 0 t E . 0 0 216 REVISED ORDINANCES OF PADUCAH. Street Car ,Franchise—Broadway. t in the Paducah City Court, as other fines are therein recov- ered. Passengers shall not be allowed to leave the cars when in motion, except at their own risk. The cars shall Le provided with signal lamps after sunset, and no car shall remain at either end of the line, or route, longer than fifteen (ts) minutes. This railway shall not transport freight, but may carry parcels, 'baskets, and small packages. I Sec. 23. If the owners of the said railway' fail to comply with the stipulations, regulations; and requirements of this ordinance, and such other ordinances'as the General Council may 'hereafter pass,by virtue of the rights herein reserved to it, then, this franchise may be declared null and void, and the tracks removed fro -ii the streets at the cost of the owner. But before such action i.; had, the General Council shall give a twenty (20) days' notice to the owner or superintendent of said railways, of its intentions to nullify these franchises at the regular meeting of said General Council named in said notice. Sec. 24. It shall be the duty of the owner or owners of said railways, to keep the streets over which the same pass, , in good repair between the rails of said Street Railway. Sec. 25, The purchaser of the franchise under this ordi- nance, shall, after two years from the passage and approval of this ordinance, give free transfers on all lines operated and owned by -said purchaser, or purchasers. 'Sec. 26. The minimum price which sihall be accepted as a 'bid for the franchise sold under this ordinance, shall be five hundred dollars ($500.00) Sec. 27. There is also granted to the purchaser of this franchise. its successors or; assigns, an additional right-of- way, beginning at the intersection of Broad Street and Bridge Street, in the City of Paducah, Kentucky, and t1hence on, over, and alonn Bridge Street in said City to Island Creek, and on, over, and across,any new bridge that may be erected by the City bf Paducah on said street over Island r t [I 1 1 REVISED ORDINANCES QF PADUCAH. Street Car Franchise—Broadway. Creek, and from said Island Creek on, over, and along said Bridge Street, as now dedicated, and on, over, and along any extension Of said Bridge Street that may -be ad- ded, to the present City limits of Paducah, Kentucky, It is also made a part of this section of this ordinance, that when the City of, Paducah shall construct, or erect a bridge over said Island Creek on said street, that purchaser of this franchise, its successor or assigns, will, and shall, pay such proportionate part as will be right and proper, of the cost of erecting and constructing said bridge, for the accomoda- tion of its track and tars in crossing on, over, or under said bridge, as may be deemed best by the purchaser of this franchise, its successor or assigns, and mutually agreed with the City of Paducah, provided, the purchaser, its successor& or assigns, sihall conclude to exercise the privileges granted by this Section, and this proportionate cost is to be arrived at, and settled by mutual agreement between the purchas- er, its successors or issigns, and theCity of Paducah, Ken- tucky; and in case of the failure of an agreement between said City and the purchaser of this franchise, its successors, or assigns, the matter shall be referred to, and settled by arbitration. And it is furtheT understood, that if the new bridge hereinbefore mentioned, 'shall not be built with- in five (5) years from the dhte of the passage and approval of this ordinance, and the extension provided for in this sec- tion shalb not be made within five (5) years from the date of the' passage and,approvxl of this ordinance,by the purchaser of this franchise,it� successors or assigns; then, the additional grant provided for in this section of this ordinance, shall be- come null and void, and thereafter be of no effect. See. 28. The purchaser of the franchise under this or- dinance, shall, within thirty (30) days after the sale and purchase of the same, give to the City of Paducah, Ken- tucky, in writing , notice of hie or their acceptance of the provisions of this ordinance. Sec. 29. This ordinance shall take effect from its pas- r r REVISED ORDINANCES OF PADUCAH. Street Car Franchise—Broadway. sage and approval by the Mayor of the City of Paducah, Kentucky, and in the event that the Paducah Railway & Light Company becqmes the purchaser of the franchise, the sale of which is provided for by this ordinance, then, in that event, imrnedidtely upon the acceptance of its bid, and its notice of the Acceptance of the provisions of this- ordinance, his-ordinance, as required by Section No, 28, and its beginning operations under the provisions of this ordinance, then, the frandhise now held by .the Paducah Railway & Light Com- pany, which has heretofore been granted by the City of Paducah, Kentucky, to H. H. Houston, and his assigns, and all rights under the grants thereof, and all claims there- under, shall become nail and void. Sec. 3o. And when the purchaser of said franchise, 1 its successors or assigns, under this ordinance, shall, at any time, lay, relay, or reconstruct any of its tracks, the sam( f shalb be (so) relaid, oy reconstructed, in accordance with the grade, or grades to be furnished by the city Engineer, to be approved by the joint Street Committee, or the Board of Public Works. Sec. 31. Ali ordinances and` parts of ordinances, in conflict with this ordinance, are hereby repealed. Approved June q, 1902. OHA'RLBS RFJED Pre -9t. Council. Approved June 19, 1902. ED P. NOBLE, Prest. Aldermen., Attest: W. H.PAWERSON; C. C. P. Approved July 3, 1902. D. A.. Y'EISER, Mayor. i. 4 1' i 11