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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
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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.
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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
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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
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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
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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
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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;
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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
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214 REVISED ORDINANCES OF PADUCAH.
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Street Car 'Franchise—Broadway.
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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
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company, or individuals: and provided further, that the use
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and occupation of the said eight hundred,(800) feet shall not
materially interfere with, or impede Che use and occupation
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1, REVISED ORDINANCES OF PADUCAH. 215
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`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
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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
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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-
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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.
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