HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 219L
REVISED ORDINA\CES OF PADUCAH:
Street Car Franchise—Union Dcpor.
STREET RAILWAY FRANCHISE
Union. Depot Line.
An ordinance providing for the sale of franchise and
privileges for the purpose of erecting, operating and main.
taining an electric street railway, and for distributing electric-
ity for lighting and for the purpose of furnishing power by
wires, poles and other apparatus in the city of Paducah,
Kentucky.
Be it ordained by the general council of the city of Pa•
ucah, Kentucky:
Sec. r. Whereas, there has been presented to the gener-
41 council of the city of Paducah, Kentucky, a petition and
request that there be sold and granted franchises and privi-
leges over and upon the streets of the city of Paducah, Ken-
tucky, for the purpose of erecting, operating and maintaining '
an electric street railway, wires and other apparatus in the
city of Paducah, and also for distributing light and power by
electricity in said city, and over and upon said streets and al-
leys thereof:
It is, hereby ordered by the said council of said city, that
there be sold at public auction, not less than thirty (30)
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days from the
Y passage of this, and the approval Thereof by
'the mayor of the city of Paducah, to the highest and best
M bidder, with the right of said city to reject any and all bids,
f as it may deem proper, the said franchises and privileges for
the purpose above mentioned and under the conditions tha:
may hereinafter follow in this ordinance.
Sec. 2. The sale of'said franchises and acceptance of the
bid by said city, shall vest title in the purchaser thereof,
their legal representative, successors or assigns, for a period
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of twenty,(20) years om the date of the purchase thereof.
Sec, 3. There is hereby granted to the purchaser, its
successors or assigns, for a period of twenty (20) years from
'the passage of this ordinance, a franchise to construct, oper-
I Fate and maintain a system of electric street railway, with sin -
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220 REVISED ORDINANCES OF PADUCAH.
btreet Car Franchise—Union Depot.
gle track and such turnouts,switches and curves as may bt
necessary over and along the following streets of Paducah,
Kentucky, to -wit:
Beginning at a point at the intersection of Third and
Court streets; thence west on Court street •o the center o
Fourth street; thence north on Fourth street to the center
of Madison street; thence west on Madison street to the cen-
ter of Twelfth street; thence north on Twelfth street, across
Clay street, continuing on Twelfth street to Trimble street,
and across Trimble street; thence on down Cairo road or
Watts street to Bernheim avenue; thence on said Bernheim
avenue to Thirteenth street, and thence or. Thirteenth street
to the city limits. Also over Fourth street, from the inte.
section of Court and Fourth to Clark street; thence on Clark
street to the intersection of Clark and Ninth streets;thence on
Ninth street to the intersection of Ninth and Tennessee
streets; thence on Tennessee street to the intersection of
Thirteenth and Tennessee streets; thence obliquely to the
left of the southeast line of said street; thence along the
south line of said street to the west line of the west bridge
on Tennessee street; thence obliquely to the right of the mid-
dle of Tennessee street if extended; thence over said street
to the said city limits and from the intersection of Thirteenth
street and Tennessee street to the center of Jackson and
Thi.rteenth;also over Madison street,from the intersection of
Twelfth and Madison street to the city limits on the western
side of the city; also on Sixteenth street, from the intersec-
tion of Madison and Sixteenth street to the center of
Trimble street.
Also over the following streets:
Beginning at a point at the intersection of Tennessee
and Eleventh streets; thence south on Eleventh street to the
intersection of Eleventh and Caldwell street; thence west or,
and along the center cf Caldwell street to the intersectio
of Caldwell street with the street laid out to the new Illinoir,
Central Passenger Depot; thence southwestwardly on and
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' REVISED ORDINANCES OF PADUCAH. 22L
Street Car Franchise—Urtion Depor.
along the center of 'said streets td the said new Illinois Cen-
tral Union Depot.
Sec. q. All rails laid, or road constructed, under thesq
franchises, 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. g. In constru_iing switches, no greater distance
shall be left between the switeFies and main track, or betwaen
the center track and switches, than is sufficient to clear
passing cars, and no switch shall be constructed at the inter-
section of streets, or within twenty (20) feet thereof, and no
switch shall be locatedupon the line of said road except at
such points as shall be designated by the street committee
of the general council. Should said purchaser, its success-
( brs or assigns, fail or refuse to comply with the provisions
of this section, it shall be fined twenty 'dollars ($2o oo) for
each day it so fails or refuses.
Sec. 6. These franc hires are granted upon the express
condition that the purchaser, its successors or assigns, shall
maintain the streets no x graded between its rails and two
feet on each side thereof, and by paving and grading as the
general council shall order between the rails and two feet
on each side thereof, of any streets not now graded or grav-
tied; and the city reserves to itself the right to require said
purchaser, its successors or assigns, to conform to change or
altered grades of said street and to pay the cost thereof, or
otherwise improve it between the rails and two feet on each
side thereof; to make cu'verts for the free flow of water;and
the city shall not be lia1le for any damages or delay in the
operation of ,the business of said company, occasioned by any
1 such improvements of repa.rs, 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 a'I times to require a change of rails, or improvement ri
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222 REVISED ORDINANCES OF PADUCAH.
�urcct Cnr Franchise—Union Depot.
construction or operation, and regulate and control fares for
passengers, but the minimum fare for each passenger, per
trip, shall not be fixed by ordinance at less than five cents
(5). And also reserves the right to regulate and control the
speed of cars, and the frequency of trips, and require any
wire taken down or laid under the ground, a; the public good
may require, and shall not be liable for any cost or damage
occasioned by said changes or regulations; and the city re-
serves to itself the right to regulate and control the same in
all matters pertaining to the public good.
Sec. 7. When said purchaser, its successors or assigns,
shall be notified by the street committee of the general coun-
cil to repair or reconstruct a street between its rails and two
feet on each side thereof, it shall at once proceed to do so.
and should it fail for ten consecutive days after such notice,
to repair or reconstruct such street, as directed, it shall, for
each day thereafter, be fined twenty dollars ($20.00) until
such street is repaired or reconstructed, or until such work
of repair or reconstruction shall in good faith be begun.
Sec. 8. The fare for one continuous passage over said
line shall not exceed five cents (5) for each person between
the hours of 6 o'clock a. m, and tt o'clock P. m.; the fare
for one continuous passage over said line shall not exceed
ten cents (to) for each person between the hours of it p. m.
and 6 o'clock a. m.
See. g. Cars shall be run on said line from end to end at
least once every hour from opposite directions between the
hours of 6 o'clock a. m. and to o'clock p. m. Should it fail t(.
comply with the provisions of this section for ten consecutivl
days, then for each daythereafter, it shall be fined twenty
dollars ($20.00).
Sec. to. Cars shall run at a speed not exceeding eight
miles per hour within the business portion of the city, and
not exceeding ten .miles elsewhere, and when signaled by
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�F REVISED ORDINANCES OF PADUCAH.
' Street Car Franchise—Union Depor;
passengers or parties i esiring passage on said cars, the same
shall be stopped on thy opposite side of the nearest crossinE,
after receiving said signal; and with each failure to comply
with the provisions of this section, it shall be fined five dol-
lars ($5.00).
Sec. it. Said purchaser, its successors or assigns, shall
pay to the treasurer of the city of Paducah, at the beginning
of each year, in advanye, a license tax of thirty dollars
($30.00) upon each motor car operated on said line of rail-
way, and a license tax of five dollars ($5.00) upon each trail-
er car operated by said line of railway, and pay at the rate
of thirty dollars ($30.00 per motor car, and five dollars
($5.00) for each trailer added after the beginning of the
year; and the city reserves to itself the right to increase the
license tax herein prodded to any sum not exceeding fifty
dollars ($5o.00) per annum for each motor car.
Sec, 12. This ordinance is subject to amendment after
its passage at any time.
Sec. t;. The said purchaser, its successors or assigns, =
be, and they are .hereby permitted to erect smooth -painted
poles of either wood,ot iron ,along the streets and inside the
curbstone and next hereto of said city, over which said
company, is successors or assigns, is hereby given the right
of way, and to place brackets and span wires thereon and
between same, and stretch feed wires thereon for the distribu-
tion of electrical currei t, for the purpose of operating elec-
tric motors in said city; that in doing this, the work shall be
done in such a manner as not to interfere with or' impede
the ordinary travel of said street, or the electric wires of the
city of Paducah, and all displacement of the sidewalk shall be
promptly repaired in a� expeditious a manner as'possible, and
put back in as good ccndition as before the work was done;
and said company, its successors or assigns, shall be held re
spon6ble to the city of Paducah, or to any person, if any
damage to said city or person may be sustained by the erec-
tion of poles, wires, etc., to operate its cars by electric motor
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> 224 REVISED ORDINANCES OF PADUCAH
Street Car Franchise—Ulrion Depot.
power, and for distribution of electricity for lights and fur-
nishing power, and that the trolley wires of said railwa)
shall not be less than nineteen (19) feet above the street; and
the city shall have the right to regulate and say when and
where the cars shall : top.
Sec, 14. There is also granted to the purchaser, its sue-
cessors or assigns, for a like period of twenty (2o) years
from the passage and approval of these ordinances, the right
to erect po'-es and string wires thereon, for lighting struc-
tures with electricity and furnishing power over streets, al-
leys and other public places in the city of Paducah.
Sec, 1g. All poles erected or wires strung thereon under
the franchise in this ordinance, shall be erected as required by
the provisions of the ordinance adopted April 16th, 1894, enti-
tled, "An ordinance regulating the stringing of wires and
lighting of buildings by electricity."
Sec. 16. In erecting poles and stringing wires, the pur-
chaser, its successors or assigns, shall place all streets, pave,
- ments or other public Flaces,in the city of Paducah, disturbed
or dug up for placing euch poles in as good• and complete a
manner as said street ( r public place was before said poles
were placed thereon; :.nd the said company shall at all timew
comply with any ordinance the general council may adopt
directing change of wiles or alterations in the location of the
po!es of the company, and the wires shall be raised or low•
ered when so ordered ty the general council, or the sam,
shall be placed under ground upon said order.
Sec, 17. Should said company its successors or assigns,
fail for a period of thirty (30) days, at any time, to use or
operate the franchise herein 'granted, or any part thereof
where tracks are now, or shall hereafter be laid by the pur-
chaser of this franchise, its successors or assigns, the whole
franchise shall become void, and any street or streets over
which this franchise extends on which tracks are not now
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REVISED ORDINANCES OF PADUCAH.
:acct kar rrancncse—union llcpot.
laid and cars not operated, said streets must be utilized, tracks
built and cars operated regularly within a period of five (g)
years, or this grant, so far as such streets are concerned,
shall 'become null and void. This obligation, however, does
not apply to such period of time as the purchaser, its success
orsorassigns, are sht.t down, or not operating on account
of repair or obstruction by the city. And should the put•
chaser transfer or assign the franchises herein granted to
any company or companies, individual or individuals, co-
partnership or other person, natural or artificial, which may
be already engaged in a similar line of competing bgsiness
in the city of Paducah, then the franchises herein granted
shall at once cease and become void; and should, the pur-
chaser to Which this franchise is granted, transfer and assign
same, and fail to incorporate the provision requiring the
party to which the same is transferred, to obligate himself
not to sell or transfer to a competing line, then this fran-
chise shall at once become void and inoperative.
Sec. tg. Any. other person or company may use the
poles erected under this grant, but such person or company
shall pay to the owners of this franchise a reasonable com,
pensation for its said toles; but the city of Paducah shall`
have the right to use :aid poles for electric lights or other
purposes for the benefit of the city during the grant of this
franchise, free of charge.
Sec. tg. The city of Paducah reserves the right to pre-
scribe 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 said purchaser, its successor or
assigns; and it also reserves the right to control and pre-
scribe the kind and quality of material to be used in con-
structing, reconstructing, replacing or repairing streets and
locations of all turnouts,switches and curves,and crossings of
the streets, to be used along the line of said railway, to be
made at the exclusive cost of the purchaser, its successors or
assigns.
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226 REVISED ORDINANCES OF PADUCAH.
Street Car Franchise—Union Depot.
Sec. 2o. The track of the said railway shall be of the
gauge four feet and eight and one-half inches,or standard
gauge. And the rails shall be of steel of the most approved "
pattern, to be laid on a level with the pavement or surface of
street, with suitable bridges over all culverts, so as to allow
free flow of water.
Sec 21. Any street that shall be removed in the con-
struction of said rai!way, shall be replaced in good order,
and kept so by the owner of said railway company, without
unnecessary delay.
Sec. 22. 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 t4
lay water pipes, or sever pipes, or for other public purposes,
but such repairs or improvements shall be made without un-
necessary delay, and my track thus removed shall be re-
placed by and at the expense of the party for whom the im-
provements were made
Sec. 23. The owners of said street railway shall be liablt
in all cases by reason of carelessness or negligence or mis-
conduct from any cause on the part of its agents or em;
ployes in the construction, use or management of said rail
way, and it shall hold the city of Paducah harmless on ac-
count of any damages which may be claimed by owners of
property, or any person, on account of laying said track, -or
by reason of the laying thereof, or in the use thereof by run-
ning cars on same.
Sec. 24. The genrrral council shall have the power tc
grant to one or more companies and individuals, the right
to occupy and use the above-named railways for not exceed-
ing the distance of eigit hundred (boo) feet, provided that the
use of the said eight hundred (Soo) feet shall be necessary
for the purpose of com ecting the line or lines of said railwa:.
with another line or lines, owned or operated by said other
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REVISED ORDINANCES OF PADUCAH, '
Street Car Franchise—Union Depot,
company or individuals, and provided, further, that the use
and occupation of said eight hundred (boo) feet shall not ma.
terially interfere with cr impede the use and occupation of
same by either company, its successors or assigns, or by the
public, and provided, further, that the expense of laying and
keeping the same in repair, so far as is used by the different
companies, or individua6i, shall be shared equally 'by all
who make use thereof.
Sec. 25. The owners of said railway shall place and
continue thereon, good cars, with modern conveniences, and
may charge not more than five cents (g) for each passenger
and half fare for children between five and twelve years of
age, and those under five years of age, when accompanied by
responsible attendants, free. And the city reserves the right
upon giving notice to the manager, or owners thereof, to reg
ulate the fare, time and speed and number of trips per day
to be made by the cars of said railway, as above set out.
This section is subject, however, to the provision of section
No. 8 hereinbefore set out.
Sec. 26. The follcwing regulations shall be enforced, to -
wit: No car shall be drawn at a greater rate of speed than
eight miles per hour within the center or business portion of
the city, and ten (to) miles per hour elsewhere. No cat
shall be allowed to step over any foot crossing, or in iron
of any intersecting street, un'.ess to avoid cullission or dam-
age. Conductors or motormen shall keep a diligent watcl
for all teams, carriage; and children, and upon the discover)
of danger, the cars shsll be stopped in the shortest space and
time possible. When a car is stopped at the intersection o,
streets, the rear platfcrm of said car must be in such posi-
tion that passengers can conveniently step to or from tht
street crossing. The car shall be entitled to the track, ant
any vehicle upon said :rack, or close to same, shall turn out
whenever the car comes tip, and shall leave the track Clea:
and unencumbered; a d the driver of any vehicle who shat:
227
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REVISED ORDINANCES OF PADUCAH, '
Street Car Franchise—Union Depot,
company or individuals, and provided, further, that the use
and occupation of said eight hundred (boo) feet shall not ma.
terially interfere with cr impede the use and occupation of
same by either company, its successors or assigns, or by the
public, and provided, further, that the expense of laying and
keeping the same in repair, so far as is used by the different
companies, or individua6i, shall be shared equally 'by all
who make use thereof.
Sec. 25. The owners of said railway shall place and
continue thereon, good cars, with modern conveniences, and
may charge not more than five cents (g) for each passenger
and half fare for children between five and twelve years of
age, and those under five years of age, when accompanied by
responsible attendants, free. And the city reserves the right
upon giving notice to the manager, or owners thereof, to reg
ulate the fare, time and speed and number of trips per day
to be made by the cars of said railway, as above set out.
This section is subject, however, to the provision of section
No. 8 hereinbefore set out.
Sec. 26. The follcwing regulations shall be enforced, to -
wit: No car shall be drawn at a greater rate of speed than
eight miles per hour within the center or business portion of
the city, and ten (to) miles per hour elsewhere. No cat
shall be allowed to step over any foot crossing, or in iron
of any intersecting street, un'.ess to avoid cullission or dam-
age. Conductors or motormen shall keep a diligent watcl
for all teams, carriage; and children, and upon the discover)
of danger, the cars shsll be stopped in the shortest space and
time possible. When a car is stopped at the intersection o,
streets, the rear platfcrm of said car must be in such posi-
tion that passengers can conveniently step to or from tht
street crossing. The car shall be entitled to the track, ant
any vehicle upon said :rack, or close to same, shall turn out
whenever the car comes tip, and shall leave the track Clea:
and unencumbered; a d the driver of any vehicle who shat:
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228 REVISED ORDINANCES OF PADUCAH.
Street Car Franchise—Union Depot..
refuse to leave the track when he is requested or signaler;
to do so by the conduc,or or motorman shall be fined fiv
dollars ($5.00) for each offense, to be paid into the city treas
ury, and the same ma; be recovered by warrant or sum
mons in the Paducah city court, as other fines are therein re-
covered. Passengers shall not be allowed to leave the care
while they are in motion, except at their own risk. The
cars shall be provided with signal lamps after sunset, and no
car shall remain at either end of the track or route longer
than fifteen (j5) minutes. This railway shall not transport
freight,but maycarry parcels, baskets and small packages.
Sec. 27. If the omners of said railways fail to comply
with the stipulations, rcguiations and requirements of this or-
dinance and such other ordinances as the general counci!
may hereafter 'pass, by. virtue of the rights herein reserved
to it then these franchises may be declared null and void, and
the tracks may be removed from the streets at the cost 01
the owners, but before such action is had, the general coun-
cil shall give. a twenty (2o) day notice to the 'owner or su-
perintendent of said railway of its intention to nullify these
franchises, at the meeting of said general council named it:
said notice.
Sec. 28. It shall be the duty of the owner or owners of
said railway to keep the streets over which same passes it
good repair between tie rails of said railway, and for a dis
tante of two feet on the outside of each of said rails.
Sec. 29. Nothing in this ordinance shall operate or be
construed as repealing or in any way interfering with the
rights of the city to free lights by grants and franchises now
existing or made before the passage of or the sale of the
within franchises, and that the purchaser thereof shall *ae re-
gdired,to give to the city of Paducah the same number of
lights free of charge that were provided for by the franchises
sold and granted to S B. Caldwell and others during the con-
tinuance of the franchises hereinbefore sold.
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TJREVISED ORDINANCES OF PADUCAH, 229
/ Street Car Franchise—Union, Depot.
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Sec. 30. The purchasers of the franchise ander this or.
` dinance shall, within thirty (30) days after the sale and pur-'
chase of the same, give to the city of Paducah, Kentucky, in
writing, notice of his or their acceptance of the provisions of
this ordinance.
Sec. 31r The purchaser of the franchise under this ordi-
nance shall, after two (2) years from the passage and ap-
proval of this ordinance, give free transfers on all lines
owned or operated by said purchaser or purchasers.
Sec. 32. The mini -num price which shall be accepted as
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a bid for the franchise sold under this ordinance shall be five
hundred dollars ($5oo.co).
Sec. 33• This ordinance shall take effect from its pass-
age and approval by the mayor of the city of Paducah, Ken -
tacky, and in the event the Paducah Rai way and Light com-•
pany becomes the purchaser of the franchise, the sale of
which is provided for by this ordinance, then, in that event
immediately upon the acceptance .of the provisions of this or-
dinance, as required by section No. 30, and its beginning op-
erations ander the previsions of this ordinance, then tht
franchise now held by said Paducah Railway and Light com
pany, which has heret,fore been granted by the city of Pa-
ducah, Kentucky, to the Paducah Railway and Light com-
pany, and all rights order the grants thereof, and all claimf.
thereunder, shall beccme null and void.
Sec. 34• And whin the purchaser of said franchise, -its t
successors or assigns, under this, ordinance, shall, at any
time, lay, relay or recr nstruct' any of its tracks, the. same
shall be so relaid or reconstructed in accordance with the
grade or grades to be furnished by the city engineer, to bS
approved by the joint treet committee or the, board of pub
lic works.
' Sec. 35. All ordinances and parts of ordinances in coil -
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230 REVISED ORDINAATCES OF PADUCAH.
Strect Car Franchise—Union Depoc.
_. Steam Heating Franchise.
flict with this ordinance are hereby repealed.
Approved June 20, 1902•
'CHiAS. 'REED, 'President Council
Approved June 2o, 1902.
ED P. NOBLE, President Board of Aldermen,
Approved July 3, 1902.
D. A. YEISER, Mayor.
STEAM HEATING FRANCHISE.
An ordinance for the sale of a franchise for the purpose
of constructing and operating a steam heading plant, and
granting of a right to the use of streets and alleys of the
City of Paducah therefor.
Whereas, there has been made an application and
re-
quest for the sale of afranchise and privilege as to the
use
of streets and alleys. of the city of Paducah: therefore—
Be it ordained by the General Council of the Citof
Paducah, Ky. y
Section r. That it is hereby ordered that a public sale
of said franchise and privilege be made within thirty days
after the passage and, approval of this ordinance, said sa$e '
to be made at the door of the City Hall in the City of Pa-
ducah,Ky,at io o'clock a. m.ffo the highesfland, best bidd'er,for
the period of twenty years from the date of said sale. The
' + franchise herein mentioned to be granted, however, upo■
the following conditions named in the succeeding sections
Of. this ordinance.
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Sec. 2. The franchise and privilege to be sold to
con -
gist of the privilege uponthe part of the successful bidder•
his successors, associates or assigns thereof to the use of the
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streets, alleys and' pavements tlf the city of Paducah,witbin the
present, corporate limits, for the purpose of underground
laying
of pipts and all appliances incident thereto and net-
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