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HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 230i 230 REVISED ORDINANCES OF PADUCAH. Street Car Franchise—Union Depoc. Steam Heating Franchise. Aict with this ordinance are hereby repealed. Approved June 20, 1902, CHAS. REED, 'President Council. Approved June 20, 19o2. ED P. NOBLE, President Board of Aldermen, ' Approved July 3, Igoe. D. A. YEISER, Mayor. STEAM HEATING FRANCHISE. An ordinance for the sale of a franchise for the purpose of constructing and operating a steam heating plant, and granting of a right to the use of streets and alleys of th• City of Paducah therefor. Whereas, there has been made an application and re- quest for the sale of a franchise and privilege as to the use of streets and alleys, of the city of Paducah: therefore— Be it ordained by the Geheral 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 sa9M to be made •at the door of the City Hall in the City of Pa- ducah,Ky.,at ro o'clock a, m•,tb the highes4and' best bidder,for the period of twenty years from the date of said sale. The franchise herein mentioned to be granted, however, upon the fallowing conditions named in the succeeding sections Of. this ordinance. Sec. 2. The franchise and privilege to be sold to con- sist of the privilege upon the part of the successful bidder, his successors, associa¢e% or assigns thereof tothe use of the streets, alleys and pave ments of 6he city of Paducah,within the present, corporate limits, for the purpose of underground laying of pipes and all appliances incident thereto and nec- 230 REVISED ORDINANCES OF PADUCAH. Street Car Franchise—Union Depoc. Steam Heating Franchise. Aict with this ordinance are hereby repealed. Approved June 20, 1902, CHAS. REED, 'President Council. Approved June 20, 19o2. ED P. NOBLE, President Board of Aldermen, ' Approved July 3, Igoe. D. A. YEISER, Mayor. STEAM HEATING FRANCHISE. An ordinance for the sale of a franchise for the purpose of constructing and operating a steam heating plant, and granting of a right to the use of streets and alleys of th• City of Paducah therefor. Whereas, there has been made an application and re- quest for the sale of a franchise and privilege as to the use of streets and alleys, of the city of Paducah: therefore— Be it ordained by the Geheral 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 sa9M to be made •at the door of the City Hall in the City of Pa- ducah,Ky.,at ro o'clock a, m•,tb the highes4and' best bidder,for the period of twenty years from the date of said sale. The franchise herein mentioned to be granted, however, upon the fallowing conditions named in the succeeding sections Of. this ordinance. Sec. 2. The franchise and privilege to be sold to con- sist of the privilege upon the part of the successful bidder, his successors, associa¢e% or assigns thereof tothe use of the streets, alleys and pave ments of 6he city of Paducah,within the present, corporate limits, for the purpose of underground laying of pipes and all appliances incident thereto and nec- Fj I V REVISED ORDINANCES OF PADUCAH. Steam 'Heating Franchise. essary for maintaining said §ystem of pipes, for convey- ing steaan for heating purposes to consumers within th• City of Paducah, and a further right of re-entering upon said streets, alleys, and pavements, from time to time, as may be necessary for the maintenance, operation, repair, renewal, or extension of said system, or any portion there- of. Sec, g. The purchaser of the franchise sold under this ordinance, his successors, associates or assigns, shall before doing any excavating or laying any pipes on or un- der any street or alley of the city submit to the street com- mittee of the General Council and City Engineer of the city, a profile showing the grade of the pipes and such streets or alleys on or under which they wish to' operate and where they desire such pipes to be paid, and the said committee and Engineer shall have the right to alter or change said profile at their discretion as they think to the best interest of the, city. In case the owners of this fran- chise and said comminee and engineer cannot agree, the owners of this franchise shall have the right of appeal to the General Council of the city. It is also agreed and understood and made a part of this grant, that should the City of Paducah in the construction or repair of sewers or other underground improvements,r find it necessary to have changed the location of any pipes c or conduits belonging to the owner, or owners of this fran- chise, the same shall be done at the expense of the owners thereof, when notified by the City Engineer of the City. And should the owner of this franchise delay the moving or changing of said pipes so as to retard the improvements which the city may be doing or desire to do, then in that event the engineer shall, have the right to have said pipes moved or changed at the cost of the owner or owners of r this franchise, e Sec. 4. At no time shall the purchaser of said fran- chise, his associates, successors, or assigns, or any con- s 1 I 1 i 232 REVISY;D ORDINANCES OF PADUCAH. Steam Heating Franchise. tractor, agent, or employee thereof, be permitted to exca- vate or in any manse/ dig up more than two blocks of any pavement, street, or alley, at one time; and it is also a condition of this grant that whenever any portion of said streets, alleys or pavements shall be excavated or in any manner become out o! repair, by reason of any excavation. L ' the owner, or owners, of this franchise shall . put the same in good repair. Infilling excavations the dirt shall be tamped in -layers of six inches, and then puddled, and the entire work shall be done tinder the direction of the City Engineer of the City, and the streets, alleys and pavements shall be kept in good repair for a period of one year from the date of filling said excavations ,by the owner or own ers of the franchise sold under this ordinance. Should any of said work become out of repair within the time named above, and the said owner or owners of this franchise fail or refuse to repair same immediately after being notified by the street' inspector, then the city shall. have the right to have such repairs mhde at the cost of the owner, or owners of this . franchise, and the bill for said work shallr be payable on presentation. Sec. 5. If any excavations be made by said purchaser, his associates, succes-sors or assigns in laying, repairing or extending said system, or 'any portion thereof, shall be allowed to remain open or in bad condition for ted days, it shall be the duty of We street inspector to give written no- tice to said owner of owners to close the same and put the street, alley or pavement in good condition, and if after five days notice in writing by the street inspector, _ the said purchaser, or his successors, associates or assigns. shall allow and suffer said street or alley to remain bad and in unsafe condition, hL6 shall -be deemed guilty of misdemea•• nor and be fined ten dollars per day for each day said pavement, street, or a'.ley or any portion thereof shall be allowed to remaiq in bad and unsafe condition. Sec. 6.The franchise herein granted or sold shalt not be. 7 f r Y Fj1 REVISED ORDINANCES OF PADUCAH. T 233 Steam 'Heating Franchise. construed to allow pipes to be laid lengthwise on Broadway between west side of First street and fhe west sideliof Fifth Street, and no piping shall be laid across said Broadway J between the west side of First Street and the west side of Fifth Street, except that the purchaser, his successors, as- sociates or assigns, sha$l be allowed to lay a main pipe across and unilcr said Broadway Street at the intersection' 'r of Second Street, Third Street, and Fourth Street, with Broadway Street, at such points as may be designated by the City Engineer; and where such excavations shall be kmade -said excavations shall be filled in entirely with coni crete, and the L paved street shall be relaid as originally con- structed under the direction and supervision of the City Engineer; and same : haul be kept in good, repair by thO purchaser or owner of this franchise for a period of three years; and in case of `mprovement or reconstruction o' other streets or alleys with vitrified brick or other such material as shall require a concrete foundation, on which no pipes for conveyingsteam heat 'have been laid under the franchise herein granted, such pipes and appliances as may, be desired on said strleets shall be laid before said im- provements are made,or all rights herein granted wider or by this ordinance for that portion of said street or alleys so im- proved or reconstructed shall be forfeited, and become nui4 and void and of no effect. Sec. y. The purchaser of the franchise, his successors, associates or assigns,shall be required to furnish steam heat to any individual on any street or alley within the lim t its or bounds set forth in this ordinance, where pipes are laid, who applies for same and is willing to pay therefor, and the said purchaser, his associates, successors or assigns, t shall extend and lay their pipes for conveying said steanl beat on any black or square on which pipes for said pur- pose are not laid on petition signed by ten responsible housekeetperg residing on said block or square, who will ob- ligate themselves to use and pay for said steam heat pro- vided the block or square so petitioned for shall be contig t t. r l t 234 REVISED ORDINANCES OF PADUCAH. Steam Heating Franchise. uous to a street or alley on which :pipes for conveying said steam heat have been laid. Service pipes connecting 1 with mains and for the purpose of conveying said steam heat to consumers shall be laid by and at the expense of the owner of this franchise to the property line of con- sumers. Sec. 8. Steam heat under the franchise sold under this ordinance shall be. furnished the consumers at reasona- ble prices., not to exceed prices charged in any other city where plants for a similar purpose are being operated un- der Pike conditions. The purchaser of this franchise, his successors, associates, or assigns, shall furnish steam heat to the City Hall building and to Central Fire Station . building free of charge or expense to the city, the city to do at its own expense the necessary piping and furnish all nec- essary appliances for conveying the steam heat in said buildings. Sec. g. It is distinctly understood and agreed between all of the parties concerned that the grant herein conveyed does not constitute an exclusive franchise, but that the city of Paducah reserves the right to sell other franchises for the same or similar purposes at its option, and at any time it may be deemed to the interest of the city to do so. Sec. to. The purchaser, or his successors, or associates or assigns, of the rights to be granted herein, .shall be li- able to the City of Paducah and to private persons for ald damage or injury caused by, or arisingfrom, the use. or .oc- cupancy of any street or alley by him or them for the pur- pose aforesaid, and they shall hold the city at. aLl times harmless and free froom all claims for dhmage arising from or by reason of entry upon said streets or alleys and lia- bilities for same; and defend all actions for the enforce- ments of such claims, and pay all judgments obtained as a result of said-actions,whether against the city or other- wise. j .l. a 1 [i :.. I'.J ur9',•"9=+'IIDN�set�'„'°4�^.N.?�i°^+"'�:'^"hC.t:F"!'ric,. Li All M � REVISED ORDINANCES OF PADUCAH.' 233 Steam Heating Franchise.,? ^ See, It, Upon tlte,passage and approval of this ordi- nance, an advertisement shall be caused to be published in one or more newspapers for the City of Paducah, giving ten days notice of the time of sale of franchise under t'hi; ordinance. The 'sale shall be made and conducted by the Mayor of the City of Paducah, and the purchaser of said franchise shall file a written acceptance of the term3 thereof within ten duyi thereafter, and shall pay to the city the sum bid for said franchise within said ten days, ! otherwise, the same shall be null and void, and of no ef- fect whatever. All expense connected with the publication of any ordi- nance or any notice of sale of said franchise shall be paid ' within said time also by said purchaser; and after the sale herein provided for, the said franchise shall become null and void, unless within six months after the acceptance of the sale by the purchaser, said purchaser, or his successors. associates or assigns, shaW commence the construction of i the plant provided for, and also void if said plant is not in operation. within fifteen mcnth's from the date of said accept - ante of the sale, it being expressly understood that the r Mayor and General Council shall have the right to reject any and'all bids for the franchise herein provided for; and no franchise sbali be -sold for the purpose herein named for a less suin than five hundred dollars. Sec. 12. The city aliso reserves the right to amend this ordinance from time to time as the General Council may deem best for the interest of the general public, 'Sec. 13. This ordinance shall take effect from and after its passage and approval. Passed by board of aldermen:Aug, 15, 1902. Passed by board of council Aug. M, t9o2, Approved Aug. 20, 1902. ED P.NO'BLE Prest. B. of A. Approved Aug, 2o, 1902, CHAS. R'EE'D, Prest. B. of C. ' Attest: W. H.PATTERSON, C. C. P. Approved Aug. 20,1902, D. A. YEISER, Mayor.