HomeMy WebLinkAboutOrdinances Book 7, Page 442, No Ordinance Numberr AN ORDINANCE CREATIIJG A FRANCHISE TO ACQUIRE, CONSTRUCT,
OPERATE AND MAINTAIN Al! ELECTRIC STREET RAILV�AY OVER CERTAIN STREETS
OF THE CITY OF PADUCAH, AND PROVIDING FOR THE SALE Ti,:REOF.
Be it ordained by the BOARD OF C®P.4.4ISSIO1J RS of the City of
Paducah, Kentucky;
Section 1.
A franchise to acquire, construct, operate and maintain an electric
street railway over certain streets in the City of Paducah is hereby
created. This franchise shall continue for a period of twenty (20)
years from the passage, approval and publication of this Ordinance. The
mayor of the City of Paducah, Kentucky, after advertising for twenty days in
the official newspaper of Paducah, Kentucky, the time and place of said
sale, shall, at ten (10) o'clock A. M., on the steps of the City Hall of
said City expose to sale the franchise herein created on the terms and
conditions, and with the rights and privileges herein set forth, to
the highest and best bidder, but the City reserves the right to reject any
and all bids. The Mayor shall report, in writing, the name of the purchaser
to the Board of Commissioners, at the first meeting of said Board after
said sale.
Before becoming vested with title the purchaser shall accept the
terms and conditions of this franchise, in writing, and when so accepted,
the, same shall inure to the successors and assigns of the purchaser hereunder,
but no transfer or assignment of the rights and privileges granted herein
shall be made by the purchaser until and unless he shall notify the
Commissioners of the City of Paducah of such sale and transfer. The word
purchaser, as used in this ordinance, shall be deemed to mean the purchaser
hereof and his or its successors and assigns.
Section II.
When the purchaser of this franchise gives to the Commissioners
of the City of Paducah written acceptance thereof, title shall at once
vest in said purchaser for the period of twenty (20) years from the
passage and publication of this ordinance.
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Ordinance No._
Section III.
The purchaser of this franchise is hereby granted for a period of
. twenty (20) years from the passage, approval and publication of this
ordinance a franchise to acquire, construct, maintain and operate an
electric street railway, with single or double tracks, togother with
such turnouts, switches, curves and other apparatus, equipment and appur-
tenance, as may be necessary therefor over and along the following
streets of the City of Paducah, Kentucky: -
"on Nineteenth Street from Broadway to and across Guthrie Avenue;
on Guthrie Avenue from Nineteenth street to the Idayfield road; on south
Plinth Street from Broadway to Jackson Street; on Jackson Street from
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South Ninth to Eleventh Street; on Eleventh Street from Jackson Street
to Caldwell Street; on Caldwell Street from Fleventh to Thirteenth Street;
thence on the street extending from Caldrell Street to the Union. Station,
or the Illinois Central Depot.
On South Sixth Street from Broadway to Broad Street; on Fourth
Street from Broadway to Kentucky Avenue; on Kentucky Avenue from Third
Street to Fourth; on Third Street from Broadway to Broad Street; on
Broad Street from Third Street to Fourth Street; from Sixth Street to
Benton Road, or Bridge Street; on Benton Road or Bridge Street, across
Island Creek; on Benton Road or Bridge Street; across Island Creek to
Clements Street; on Clements Street from Benton Road or Bridge Street to
Yeiser Avenue; on Yeiser Avenue from Clements Street to Hays Avenue; on
Hays Avenue from Yeiser avenue to the Berton Road or Bridge Street; to
the City Limits; on North Fourth Street from Broadway to 1.:adison Street;
on Madison Street from Fourth Street to Fifth Street; from Madison
Street on Fifth Street to Trimble Street; on Trimble Street from Fifth
Street to Tenth Street; on Tenth Street from Trimble Street to Burnett
Street; on Burnett Street from Tenth Street to Twelfth Street; on Twelfth
Street from Burnett Street to Palm Street: on Palm Street from Twelfth
Street to Thirteenth Street; on Thirteenth Street from Palm Street, or
Cairo Road, to City Limits; on North Sixth Street from Broadway to :4adison
Street; on Madison Street from Sixth Street to Twelfth Street; on Twelfth
Street from Madison Street to Trimble Street; on Trimble Street from
Twelfth Street to Oak Grove Cemetery."
and such other streets, or public places in the City of Paducah as may, at
the request of the purchaser, be hereafter designated by resolution of the
Board of Commissioners.
. Section IV.
Rails or roads constructed under this franchise shall be laid or
constructed as near as practicable in the center of the street. No street
now traversed by a single track street railway shall be double -tracked,
without the consent, by resolution, of the Board of Commissioners, and in
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Ordinance No.
constructing turnouts or switches no greater distance shall be left
between the turnout or switch and main track than is sufficient to clear
passing cars, and switches and turnouts shall be located at such point,
or points, as shall be designated by the Board of Commissioners. Should
said purchaser fail or refuse to comply with the provisions of this Section, -
it shall be fined Twenty 0:20.00) Dollars for each day it so fails or
refuses.
I£ any of the streets mentioned in this franchise now made with
gravel or macadam, shall be ordered improved by laying bitulithic, brick,
wood or other paving upon a base of concrete, the purchaser hereof shall
at its own expense construct on said street under its track for the
space between the rails and a foot on either side of the rails, a base or
foundation, level with the upper surface of its ties, of concrete of
similar quality and thickness such as the city may construct on the
street not occupied by the tracks of the Street Railway.
The purchaser shall not be required to pay for the cost of
surface paving of brick, bitulithic, wood, or other material which may
be used in the construction of any street occupied by its tracks and
ordered improved.
Section VI.
If the surface of any street between the rails, or one foot on
each side thereof is injured or damaged from operating cars thereon, or
through repairs to or renewal of ties or rails or gravel on gravel streets
between the tracks is displaced by operation of cars thereon, or from
carelessness or negligence upon the part of the purchaser of this fran-
chise, said purchaser shall repair and reconstruct the damaged portion of
said street; and, if such purchaser fails for ten (10) days after written
notice to repair or reconstruct such damaged street, the City reserves
the right to make such improvements at the expense of owner of this
franchise. The City reserves the right to require the purchaser to
conform to changed or altered grades of streets over which he may operate
under this franchise, to make culverts for the free flow of water, for
the width of the track and a foot on the outside of each rail, at the
expense of said purchaser, and said purchaser shall hold said City
harmless from any damage or delay in the operation of the business of
said pu rchaser, occasioned by street improvements, repairs or recon-
struction of streets, bursting or repair of any Sevier or pipe on or
across any street or alley, or injury by any mob or violence from
strikes.
Section VIT.
Cars shall be run on the several lines of the street railway
system of the purchaser, from end to end, at least once an hour from
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Ivo.Ordinance No. -
opposite
No.-
opposite directions, between the hours of 6;00 A. 11. and 10:00 P. M -
each day, unless delayed or suspended for causes beyond the control of
said purchaser, or for reasons stated in Section eleven hereof. The
City reserves the right to regulate the frequency of trips within the
hours of operation set forth in this franchise, provided that no regula-
tion of the hours of service shall impair the present or future ability
of the puPchaser to earn a reasonable return on the value of its
property.
Should said purchaser fail to comply with the provisions of this
section .for ten (10) consecutive days, then for each day thereafter it
may be fined Twenty ($20.00) Dollars.
Section VIII.
Cars shall be run at a speed not exceeding ten miles per hour
within the business portion of tYe city, and an average of twelve miles
elsewhere, and when siMalled by passengers, or parties desiring passage
on said cars, the same shall be stopped on the near side of the nearest
crossing after receiving such signal.
Section IX.
The said purchaser is hereby permitted to erect poles of wood or
iron, along the streets and inside the curbstones and next thereto of
said city over which the purchaser 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 distribution of electrical current, this
work shall be done in such a manner as not to interfere with or impede
the ordinary travel of said streets, or the electric wires of the City
of Paducah, and all displacements of the streets or sidewalks shall be
promptly repaired in as expeditious a manner as possible, and put back
in as good condition as before the work was done; and the purchaser shall
be responsible to the City of Paducah, or to any person, for any damage
sustained by reason of the erection of poles, wires, etc. The trolley
wires of said railway shall not be less than eighteen (18) feet from the
street.
The purchaser shall at all times comply with any ordinance the Board
of Commissioners of the City of Paducah may adopt directing change of
wires or alterations in the location of the poles of the purchaser, and
the wires shall be raised or lowered when so ordered by the said Board.
Section X.
If the purchaser fails, except for causes beyond its control, or for
. reasons herein stated, to operate cars for a period of thirty days over
any part of its system, then the franchise to operate over such part
of its system may be declared null and void.
Section XI.
The street -car system now constructed, or hereafter to be constructed
or operated on Broadway, from First street to Nineteenth street, is hereby
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Ordinance No.__.-. _:_.--- .-
declared to be the trunk line of the system to be constructed by the
purohaiver of this franchise, and if any line of such system leading from
said trunk line shall become unprofitable; that is, if such line fails
to produce sufficient revenue to meet its operating expenses, taxes, a
reasonable return upon the investment and depreciation, then such line
may be abandoned upon satisfactory proof to the Board of Commissioners of
the unprofitableness of the line in question, and the abandonment thereof
shall not affect the right of the purchaser, its successors or assigns, to
operate a street -car system over the other streets mentioned in this
franchise.
Section XII.
Any person or company authorized by the City of Paducah to place
wires over or across the streets or public places of the City of Paducah,
may use the poles erected under this grant, but such person or company
shall pay the owners of this franchise a just compensation for the use
of such poles, but the City may use said poles for street lighting circuits,
or for its police or fire alarm circuits, during the life of this franchise,
free of charge.
Section XIII.
All street railway tracks shall be standard gauge four feet eight
and one-half inches, from rail to rail; all rails shall be what is known
and called "T" rails and of steel, and shall be laid on a level with the
pavement or surface of the street, with suitable bridges or culverts to
allow the free flow of water. The City reserves the right to take up
and remove totnporarily any railway tracks laid under the authority of this
franchise, or to permit others to do so, whenever it shall be necessary to
repair or improve streets, lay water or sewer pipes, or for other public
purposes, but such repairs or improvements shall be made without unnecessary
delay, and any track thus removed shall be replaced by, or at the expense
of the party for whom the improvements are made.
Section XIV.
The purchaser shall be liable in all cases for carelessness,
negligence or misconduct from any cause, of its agents, servants or
employees in the construction, use or management of said railway, and said
purchaser shall hold the City harmless from any and all damage which may
be claimed by owners of property, or any person on account of laying of
street railway tracks, or in the use thereof by running cars on same.
Section XV.
The fare for one continuous trip for twelve (12) months from the
commencement of operation under this franchise is hereby fixed as follows:
Cash fare for adults .....•.......................
Children under twelve and over five ..................half fare.
Children under five when accompanied by guardian .....nothing.
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Ordinance No.- - ---
At the end of such period the purchaser shall submit a verified
statement of the receipts and expena tures to the Mayor and Commissioners
• of the City of Paducah and if it appear therefrom (after investigation and
verification of such report) that the purchaser has received more than a
sufficient sum to pay expenses and a reasonable rate of return on the
capital invested, such purchaser shall repay to the City of Paducah the
difference between the amount necessary for such expenses and a reasonable
rate of return upon invested capital and the amount actually received.
At the expiration of each twelve months during the life of this
franchise, for the purpose of regulating fares to be charged by the pur-
chaser, and to accomplish that purpose, and to prevent excessive fares, the
purchaser shall at the expiration of each twelve months during- the life
of this franchise submit to the Commissioners of the City of Paducah a
verified statement of the receipts and expenditures and if from any of
such reports it appears the fare as fixed is more than sufficient to provide
a reasonable fate of return upon the invested capital, the City shall
reduce such fare accordingly.
For the purpose of ascertaining the rate of fare to be charged here-
under the City may cause said property to be appraised as follows:
the City shall appoint a disinterested street railway expert, and the
purchaser shall appoint such expert appraiser for its part, and the two so
appointed shall select a third expert appraiser. None of such persons so
selected shall be a resident of I,IcCracken County, Kentucky. Said experts
shall report in writing to the I.Iayor and Commissioners of the City of
Paducah within three months after their appointment the total valuation of
the property owned, controlled or used by the purchaser, in connection
with the operation of a street -car system in Paducah, and its vicinity but
this franchise shall not be estimated or considered in its value. The
cost of such appraisal to be borne equally ty the City and the purchaser
hereof.
Section XVI.
The purchaser, in the operation of street cars in the City of
Paducah, shall conform to the following regulations:
No cars shall be allowed to stop within the intersecting of any
street, except to prevent a collision or damage to person or property.
Trainmen shall keep a diligent watch for all teams, motor vehia les, oarriages
and persons, and upon discovery of danger, the cars shall be stopped in the
shortest possible time. At designated stopping points the front platform
of cars must be in such position as to enable passengers to conveniently
step therefrom to the street. Cars shall be entitled to the track and
vehicles upon said track, or close to same, shall turn out whenever a car
approaches thereon, and shall leave the same clear and unencumbered, and
the driver of any vehicle who refuses to leave the track when signalled or
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Ordinance No. ...___....
requested to do so by the trainmen, shall be guilty of a misdemeanor and
fined for each offense Ten ($10.00) Dollars.
Passengers shall not leave the cars while in motion, except at
their own risk. Cars shall be provided with headlights after sunset and
no regular car shall remain at either end of the track or route for a
longer time than fifteen minutes.
No freight shall be hauled on street -cars, but parcels, baskets and
small packages may be carried thereon.
Section XVII.
If the purchaser shall fail to comply with the stipulations, regu-
lations and requirements of this ordinance, and such other valid ordinances
as the Board of Commissioners may hereafter pass, in the proper exercise of
its police power, then this franchise may be declared null and void, and
the tracks may be removed from the streets at the expense of the owners,
but before such action is taken the Board of Commissioners shall give
twenty days' notice to the owner or manager of said railway of its inten-
tion to nullify this franchise, and shall give a fair hearing on the
facts upon which such action is proposed to be taken, during the life of
this franchise.
Section XVIII.
The City reserves the right to purchase, at any time upon thirty
(30) days' written notice, the street railways, acquired or hereafter
constructed under this brant, together with all tracks, poles, rails,
cars and other appurtenances, by paying just compensation therefor, to
be determined by appraisal as set forth in section 15 hereof, but this
franchise shall not be estimated in the purchase price. V
Section XIX.
This ordinance shall take effect upon its passage, approval and
publication, but the purchaser shall not commence to operate hereunder
unless and until the purchaser acquires ownership or control of substan-
tially the existing property (except merchandise and supplies, cash on
hand and bills, and Accounts Receivable) of The Paducah Traction Company,
together with all Sranehise or franchises for the construction, operation
and maintenance of street railways which said The Paducah Traction
Company derived from the City of Paducah under which any operations are
carried on by said Company, (authority in the purchaser to make such
�n
I acquisition being hereby granted) and upon the acquisition of the
jownership or control of said property and franchise or franchises such
1 franchise or franchises so acquired shall be deemed, in consideration of
the granting by this ordinance of a valid franchise authorizing the pur-
chaser to operate the:street railway system hereinbefore described, to be
surrendered to the City of Paducah and repealed and all claims thereunder
shall become null and void. A -�
passed by Board of Commissioners April 29, ,t1sh9"/
Published and recorded April 30, 1919`- iVlAYOP,,