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2247 Railroad Franchise1 11 1 1 291 L ORDINANCE NO. 2247 . i (Published in the Salina Daily Union April Nigeteentri, 1919 An ordinance amending Sections One (1) and Four (4) of Ordinance Number 1298, the same being an ordinance entitled: "An ord- inance granting E. S. Alnut, his heirs, successors and assigns a franchise for the construction, operation and maintenance of a street railway system in the city of Salina, Kansas, and the right to use and occupy any and all of the streets in said City for such purposes", and repealing Sections One (1) and Four (4) of said Ordinance. Be it ordained by the Mayor and Councilmen of the City of Salina, Kansas: Section 1. That Section One (1) of said Ordinance Number 1298 be and the same is hereby amended so as to read as follows: "That there be and hereby is granted to E. S. Alnut, his heirs, successors and assigns for a period of twenty-five (25) years from the date of the acceptance hereof, the privilege and franchise to construct, operate and maintain a street railway system in the City of Salina, State of Kansas, and in the additions that now are, or may hereafter exist in said City, for the t5ansportation of passengers, express or freight along the streets over which railway lines may be constructed with the right to lay a single or d-oubletrack, as the needs of the street railway may require, and all the necessary switch- es, sidetracks, appliances, apparatuses and machinery, also the rig1t to erect all necessary and suitable poles, buildings, power houses and other things for the successful operation of a street railway system, which railway may be operated by electricity or other suit- able power, or by one or more such powers, provided that nothing shall authorize the use of horses, mules or othbr animals, or steam as such motive power, and provided further that nothing herein shall autorize the building and opebation of more than one street railway in or throat such City limits by electric power or otherwise." Section 2. That Section Four (4) of said Ordinance Number 1298 be and the same is hereby amended so as to read as follows: "That the said E. S. Alnut, his heirs, successors and assigns, after the taking effect of this ordinance shall not be required to pV unto the said City two (2;) per cent of the gross receipts accruing from the passenger fares collected from all travel on said railway system within the city limits of the city of Salina, Kansas, due or to become due under the terms and provisions of said Ordinance Number 1298, but that in lieu thereof the said E. S. Alnut, his heirs, succes- sors and assigns shall each year during the first twelve (12) years of the existence of the franchise granted herein spend in the general betterments and improvements of said railway system within the limits of the City of Salina, Kansas, at least two (21) per cent of the pro- ceeds accruing each year from the passenger fares collected from all travel on said railway system within said City. That out of the said two (216) per cent first to be expended tht said E. S. Alnut, his heirs successors and assigns shall put in paved crossings at the in- tersections of the streets on all paved streets, now occupied by The Salina Street Railway Company to conform with the paving thereon, and shall, upon all streets that may be paved in the future, upon which said streets said railway may then be locat- ed, at its own expense pave the street railway trach: at the in- tersecti*on of all street railway crossings and one foot each side thereof, in conformity with the paving that shall be put on the balance of said streets; that on all streets, avenues, alleys or lanes or parts thereof within said Gity occupied by the tracks of the said street railway system to be paved, repaired or improved in the future the said E. S. A lnut, his heirs successors and assigns shall replace any bad ties that may be then in said Street R ail - way tracks with good serviceable ties and the said City reserves the right to pave under and around such tracks and on such streets." Section 3. That 5eCtion One (1) and Four (4) of said Ordinance Dumber 1298 be and the same are hereby repealed. Section 4. This ordinance shall take effect and be in force from and after its publication once in the official City paper, and upon the Street Railway Company's filing its accept- ance thereof, in writing with the City Clerk of said City. Passed and approved, the 14th day of April, 1919. (SEAL) - Edd Mathews, Attest: Chas, E. Banker, Mayors City Clerk. STATE OF KANSAS � SS. COUNTY OF SALINE }1 I, Chas. E. Banker, Gity Clerk of the city of Salina, Kans- as, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2247 passed by the Council and approved by the Mayor of the City of Salina, April 14th, 1919; and a record of the vote on its final adoption is found on Page/9Nof Journal No. 9. Said ordinance was published in the Salina Daily Union April 1919. �j City Clerk. 1 1 1 1 ACCEPTANCE OF THE SALINA STREET RAUWAY COMF4NY OF THE PROVISIONS OF ORDINANCE_#2247, OF. THE ORDINANCES OF THE _ CITY_OF SALIN,, KANSAS. Now on this 23rd day of April, A. D. 1919, David Ritchie, the duly authorized attorney for The Salina Street Railway Company, -and duly authorized to make the acceptance herein stated, does hereby, for and on behalf and in the name of the said The Salina Street Railway Company, accept the provisions contained in Ordinance -#2247, the same being an Ordinance amend- ing Sections 1 and 4 of Ordinance #1298, the same being an Ord inane entitled, "An Ordinance granting E. S. Alnutt, his heirs, successors and assigns a franchise for the construction, opera- tion and maintenance of a Street Railway System in the City of Salina, Kansas, and the right to use and occupy any and all of the streets of said City for such purposes, and repealing Sec- tions 1 and 4 of said Ordinance. IN WITNESS WHEREOF, the said The Salina Street Railway Oompany has, caused these presents to be duly executed .by and through its duly authorized attorney, THE SALINA STREET RAILWAY COMPANY. BY, David Ritchie Its Attorney. Filed in my office this 23rd day of April, 1919. Chas. E. Banker, City Clerk. N. B. The original document is attached to the origin- al Ordinance No. 2247 City Clerk. 1 293 1 Fil 1 ` 291 ORDINANCE NO. 2247 (Published in the Salina Daily Union April Nineteenth, 1919 An ordinance amending Sections One (1) and Four (4) of Ordinance Number 1298, the same being an ordinance entitled: "An ord- inance granting E. S. Alnut, his heirs, successors and assigns a franchise for the construction, operation and maintenance of a street railway system in the city of Salina, Kansas, and the right to use and occupy any and all of the streets in said City for such purposes", and repealing Sections One (1) and Four (4) of said Ordinance. Le it ordained by the Mayor and Councilmen of the City of Salina, Kansas: Section 1. That Section One (1) of said Ordinance Number 1298 be and the same is hereby amended so as to read as follows: "That there be and hereby is granted to E. S. Alnut, his heirs, successors and assigns for a period of twenty-five (25) years from the date of the acceptance hereof, the privilege and franchise to construct, operate and maintain a street railway system in the City of Salina, State of Kansas, and in the additions that now are, or may hereafter exist in said City, for the t5ansportation of passengers, express or freight along the streets over which railway lines may be constructed with the right to lay a single or d.oubletrack, as the needs of the street railway may require, and all the necessary switch- es, sidetracks, appliances, apparatuses• and machinery, also the rigit to erect all necessary and suitable poles, buildings, power houses and other things for the successful operation of a street railway system, which railway may be operated by electricity or other suit- able power, or by one or more such powers, provided that nothing shall authorize the use of horses, mules or other animals, or steam as such motive power, and provided further that nothing herein shall autorize the building and operation of more than one street railway in or throt{ such City limits by electric power or otherwise." Section 2. That Section ''our (4) of said Ordinance Number 1298 be and the same is hereby amended so as to read as follows: "That the said E. S. Alnut, his heirs, successors and assigns, after the taking effect of this ordinance shall not be required to py unto the said City two (2%) per cent of the gross receipts accruing from the passenger fares collected from all travel on said railway system within the city limits of the city of Salina, Kansas, due or to become due under the terms and provisions of, said Ordinance Number 1298, but that in lieu thereof the said E. S, Alnut, his heirs, succes- sors and assigns shall each year during the first twelve (12) years of the existence of the franchise granted herein spend in the general betterments and improvements of said railway system within the limits of the City of Salina, Kansas, at least two (21,) per cent of the pro- ceeds accruing each year from the passenger fares collected from all travel on said railway system within said City. That out of the said two (2°;) per cent first to be expended tht said E. S. Alnut, his heirs successors and assigns shall put in paved crossings at the in- tersections of the streets on all paved streets, now occupied by The Salina Street Railway Company to conform with the paving thereon, and shall, upon all streets that may be paved in the future, upon which said streets said railway may then be locat- ed, at its own expense pave the street railway trace: at the in- tersection of all street railway crossings and one foot each side thereof, in conformity with the paving that shall be put on the balance of said streets; that on all streets, avenues, alleys or lanes or parts thereof within said City occupied by the tracks of the said street railway system to be paved, repaired or improved in the future the said E. S. Alnut, his heirs successors and assigns shall replace any bad ties that may be then in said Street R ail - way tracks with good serviceable ties and the said City reserves the right to pave under and around such tracks and on such streets." Section 3. That Section one (1) and Four (a) of said Ordinance Number 1298 be and the same are hereby repealed. Section 4. This ordinance shall take effect and be in force from and after its publication once in the official City paper, and upon the Street Railway Company's filing its accept- ance thereof, in writing with the City Clerk of said City. Passed and approved, the 14th day of April, 1919. (SEAL) Edd Mathews, Attest: Chas. E. Danker, Mayor. City Clerk. STATE OF KANSAS )SS. COUNTY OF SALINE I, Chas. E. 'Canker, City Clerk of the city of Salina, Kans- as, ansas, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2247 passed by the Council and approved by the Mayor of the City of Salina, April 14th, 1919; and a record of the vote on its final adoption is found on Page/9�of Journal No. 9. Said ordinance was published in the Salina Daily Union April 1919. City Clerk. 1 1 1 1 i i 1 1 ACCEP` .4,NCE OF THE SA:LINA STREET RAILIUAY COMPANY OF THE PROVISIONS OF ORDINANCE_#2247, OF. THE ORDINANCES OF THE CITY_ OF SALINA , . KANSAS. Now on this 23rd day of April, A. D. 1919, David Ritchie, the duly authorized attorney for The Salina Street Railway Company, -and duly authorized to make the acceptance herein stated, does hereby, for and on behalf and in the name of the said The Salina Street Railway Company, accept the provisions contained in Ordinance #2247, the same being an Ordinance amend- i ing Sections 1 and 4 of Ordinance #1298, the same being an Ord-, inance entitled, "An Ordinance granting E. S. Alnutt, his heirs, successors. and assigns a franchise for the construction, opera- tion and maintenance of a Street Railway System in the City of Salina, Kansas, and the right to use and occupy any and all of the streets of said City for such purposes, and repealing Sec- tions ec-tions 1 and 4 of said Ordinance. IN WITNESS WHEREOF, the said The Salina Street Railway Company has" caused these presents to be duly executed .by and through its duly authorized attorney. THE SALINA STREET RAILWAY COMPANY. BY, David Ritchie, Its Attorney. Filed in my office this 23rd day of April, 1919. Chas. E . Banker, City Clerk. N. B. The original document is attached to the origin- al Ordinance No. 2247 ��C ty Clerk.