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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) F 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 6 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 - 1 • t 0 220 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 9 1 ' 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 j i . , 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 I 0 I C �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 i. > 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 F] f r C t i t 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. t • e -1 I l 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 1 M1 4 4 .t 1 � 1 r] L f 4 4 i 1 t Y 1 t r 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 . r• 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: 227 228 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. A' {pM{M• TJREVISED ORDINANCES OF PADUCAH, 229 / Street Car Franchise—Union, Depot. i 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 r 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 - ,1 i 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. �? 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 " 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- 5