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Aict with this ordinance are hereby repealed.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Aict with this ordinance are hereby repealed.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.