872 Electric Street Railway1t ..I rti' •
ORDINANCE NO* ..
AN ORDINANCE GRANTING TO L* M. y'RS, ITS HEIRS MID, ASS'S CERTAIN
PRIVILEGES IN THS STREETS OP THE C TTY of SAL INA, . �4SAi,"; AND M
RIGHT TO CONS IR'UCT, MAINTAIN AND OPERATE AN ELECTRIC STR16 �A IMAY
THa IN*
Be it Ordained by t he Mayor and Oounc.i.Imen of the Ci f Salina,
Kansas, -
Section 1,: That tine City of Salina hereby grants tg4z,. M, =:FWb,
his heirs and assigns (s -aid parties being hereafter styled the
grantee) for the period of ears fr an and aft er the ublica-A
g p
t -fon of this ordinance the`right of way to build-; rr,a.intain ana
operate an electric street railway wi th single.p'r double tradks and
all ne a ess ary side tracks s, turn ta. bl es, switches and turnout$ over
and upon the streets, avenues and public grounds of this ci ty$ in -
.eluding. the erection, maintenance and operation of all re cessary
poles and wires in connection therewith, all subject however to the
terns end conditions hereinafter sp ecif ied.
Section 2. • That all of -the tracks., poles, wires and other corp
structions or the grantee shall be cons trusted and erected in such
ziiaaier as will in no wise unlawfully interfere with public or pri-
vate rights„ The tracks of sai d street railway shall be so laid
and kepi; and ixtantained-during the life of the Franchise hereby
granted* that the tops of the rails thereof shall be on an even �
grade with the durface oi'-- the streets# averiaes or publ,i.c grounds on'
or along wr�ich said railway, may pass as they now are and as they,
may be changed or established frorh .tii.e to time by the authority of
said city, and shall also be so co -m trusted that the flow of water
in all lateral and cross gutters shall be free and the drainage in
every particular as canplete as though said railway had not been,
built; ana shall be co m trusted in such manner not to prevent
or lmpede the crossing of the streets and averAues by teams and V*
hides at any point wilh perfect safe'' y#The center line of the tracks Cr
there double tracks are laid the conter-l'i.ne between .the tracks
shall as near as practicable coincide with the center of the street
over or along which the same may 'pass zxnl ess otherwise directed by -
the city cqunoil,
except
that in
tuning corners of i,,ta streets or
in making other
necessary
curves
said center line between the tracks.
or mails
shall
be as near
as pradti:cable
-in the center of the. street
Section
39,
The grant ee
a hall c owieno a
work ,upon the o ons true -
tion of said railway within -sixty Jaya -from the date of the 6ffi4
tial publication of this ordinance and shall have five miles thereat'
fttliy'.-c�npleted and in opera ikon within fain* i6onths from such date,
;nd'&S'hoUf1d the grantee fail in such res pec to all Iii s r ights*. under
this ordinance shall cease and be at an enc �.�.The said five mil.ss of
track shall extend from the St. Johns Episcopal. Militarynatitute
on the north to the Viesleyan University on the south, and with a
cross track from the Normal School on the west to Some point east
of Santa Fe street .sufficiently diatant to make wi+th the other track
c� above mentioned the full five miles of track. The route- between the
points mentioned shall the as f.ollow's , Commencing at the Wesl.eyan
University, tbence north on Santa Fe street. to Ash street, thence
west, on Ash street to Ninth street, thence north on Ninth Oti4e et to
Otis Avenue, thence ea' t to the center of Seventh street, thence
.,north to Euclid Averuze s And c omrfenci.ng at- the center of Spruce and
College Avenues . thence north to Iron Avenue, thence east to Ohio
Avenue oz* Township 1148"t
Section 4+The grantee shall at all times keep the sp ac e. be-
tween
r its rails and also the -s_Pace between its tracks where there
73ib
tracks well filled to the tap of t e rafls,�so that per-
it
ehicles crossing or trave ang across, over or along the
d avenues upon or alomg tivich such tracks may be, shall
be hindered or obstructe4. Whenever said city of Salina
or macadamize any street upon whi ch the tracks.of the
y be, the;ran-tee shall likewise pave or macadamiza said
space between the rail,s,' and between the tracks where there area.
double tracks 4 With the same material with which the adjacent por
tion,s of the streets a paved or macadamized, Such pavement or
macadamizing be tweet the tracks and rails shall be made by the
light so placed ander of such intensity that the same can be seen
for a distance of at least two blocks,
Section 8, The grantee is authorized to collect a fare not. ex-
ceeding five cents for each passenger, for each continuous passage
between any two points on its lines of railway, within the city lim-
its: and where the completion of, such continuous passage requires a
transfer from one branch of Its lines to am then no extra charge
shall be made. Children under six years of age shall be carried
free, when ac comp ani ed by parent or guardians The grantee may make
and publish such reasonable rules Ond regulations for the conduct
of passengers and employes and, the method of procuring and use of
transfer checks and the aiarnagement of his business generally as are
not inconsistent with the ordinances of this, c ity and. thw laws of
the s t at:.e,
Section 90 In the construction, maintenance and operation of
said street railway, said grantee shall use Every reasonable* and
proper pj "ecatution to avoid damage or injury to persons and ,property,
and shall at all times respond to the city of Salina.°:,_: for and
save it
harmless
from all and
every damage.,.
injury,
lass, cost or
expense,
caused
or occasioned
by ronson of
any act
of said grantee
IrA or about the same, or by reason'' of any, and every act done under
the provisions of this ordinance,, or for any negligence of said
grantee, � or agents and employes, for which said city may, in any
wise be held liable.
Section 10. Ttie city of Salina reserves the right to take up the
track of said railway when necessary to public i*rpvements* the
taking up and relaying of the tracks and placing the road back in
proper c onditign, to.be done at the expense of the city and without
unnecessary delay. And in case the said grantee shall refuse or
neglect to make any repairs or improvements on the streets provided
for by the s ordinance, then the ci ty may make
such
repairs
and im-
provelrlents dt the expense of, mid recover the.
dame
-from the
said
Arr ante e,.
Section ll, Said street railway shall be a passenger railway,
provided however, the said grantee shall be permitted to carry bag-
gage belonging to or accompanying passengers at all times, packages
of all kinds and description, of weight not to exceed fifty poV%n4s',:
and all kinds of material and rock :to be used in constructing„ re-
pair ing,,
e-pairing, paving or macadamizing the line, also fuel and supplies
for the power station and the operation of the road,
Section 12 The cars may be run;'at a rate o2 speed not exceeding
twelve miles per, hour on Santa Fe street between Walnut street and
Ash stree t and be tween Fotarth` strep t and seventh stree t on Iron
Avenue , nor exceeding fifteen milds per hour on other streets and
on other port ions of Iron Avenue and Santa Fe street*
Section 13.. The said grantee sh I clean s:o mt cYi of the streets
and avenues as shall be occupied by its tracks and turnouts.;," ar14
cause 6 he dirt or clea16iribs be p1aced 'in heaps for removal, and
in cas :it becc>men>: ssary to re"ve snow or ice from the tra*ks,
it -s..hL .3 be' distributed over -ilhe surface of the street, within a
reasoee time so as not to interfere with the use of the, stree t
by the public,)
Section 14. The said City of Salina agrees to protect said.
grantee in the enjoyment of his rights under this ordinance, and to
pass such ordinances as may be necessary, and within the power of
the city, to suitably punish all unwarranted and improper i:nterfer�,
ence with said railway property and the operation of said street
.railway*
r
Sec tion 15. The cars of the grantee; shall a t al l times b e en-
titled to the track,and the drivdr of every other- vehicle upon the
track or along the side thereof, shall turn such vehicles out when
any car comes up, so as to leave the unobstructed for the free ,
passage of cars' Provided, that tno vehicles of the fare and police
departments of said city shall havo the right of way over all the
1izso. of said grantee,
I'
Section 16. The grantee shall have the right to construct'a
track frau the rear end of his power station to a connection with
the railroad tracks on the north and use the, same to transport fuel
and materials necessary for the puiVose of transacting his business;
he may also use or allow the use of the poles .and wires erected un-
der the provisions of this ordinance for the furnishing of power
and light to the inhabitants of said city, The poles of the grantee
shall be placed inside of
and next oto the curb
line along
the
streets at sueH*Ant��;vals
as may be necessary
for the safe
and
proper operation of,- the railway, and all thereof shall be painted
and kept in good repair* The grantee shall have the right to erect,.
maintain. and operate al 3one cessary 'and proper connection wares and
feeders from the power station to the railway tracks and overhead
wires„ The City of Salina reserves the right Continually to use
and occu g ya rid
. , all th e, posts ; rn doles placed
py', free o f c har a an
under th 8 franchise during tkB life thereof, with.the wires `-and
alarm boxes of the f ire alarm telegraph system belonging to said
City, such use and occuparxcyF "lay thee city however to be at al t.iraes
l without injury or disadvAn,tage to the ,granteeor his use of his
said posts or poles*
Section 17, Tae City of Salina agrees that it will use its best
endeavors to secure reasonable and proper agreements for the proper
crossing of the street railway tracks over the tracks of o thea rail-
road companies, the same however t o' be without expense to said
city., wit
Should any strike,, injunction suit, unavoidable casualty or
/v other cause beyond the control of the grantee I bu- t not i ndludiiig �
financial inability) render it. irtipossible for said grantee to'nave
said entire five miles of track in operation within the time herein
limited, although acting with reasonable dispatch, then the time of
such through the causes aforesaia shall be added to said
( period as l united in this ordiuee � or show ' the grantee be pre,-
vented, hindered, or delayed in the prosecution of the-Vork by in-
clement weather he fnay have additional time for such completion not
exceeding sixty days,`
Section 2&# The grantee shall locate, keep and maintain. th � bus
ness offi.cetpower station,car-barn;andwork shops necessary for the
operation of said road within the corporate limits of said City of
Sal in a,,
Section 19, V°di thin to n days a,fter� the Publication of this orki_
nance the grantee shall file with the city clerk in griting his ac-
>k
ceptance of the provisions hereof and'in case of failure so to do
this ordinance shall be forfeited. The grantee shall at time of
fi;ing and axx%p*t=wn acceptance herein provided for, also file with
the city' clerk a writing designating some person resident in this
city upon whom all notices said city .may desire to serve may be
served. In: case such designation is not made such notice may "be•
served upon any, officex4,manager or su.perintenae,at of said grantee .
in charge of such bus insss. The,-grantgO may 6hange such dgsi.gnation
at any time in the •same manner .but the changO.•shai 0,V be °effectiv:
until the written certificate of rthe same has' bee filed in sa'd
'Office. �y +
Section 20. All franchises, eights, powers imwniti'es and priv-
ileges and all $uti.'es,• liab li.ties-$ undertakings".arid db%igat cFA-0 of.
every..character .conferred,,or i4osed upon the -,..grantee by this o�di
nanee shall inure to and rept, acid b e obligator .upon his he irs;
successors and `ass igns, and the, term" "gra ntee wherevCr.... used or re*-
ferred.to in, this ordinance shall be construed as including his
heirs, successors and assigns. But the franchise granted by th].s'
ordinance shall not pass_ to any assignees of..or_successors to said J
"L. M. Erb or ti -x) el' claiming under hirr, or them until the name' of. any
such, assignee or successor shall be firnished in writing to the
city clerk the same to be preserved and kept on file by said clerk."
Section 21, All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section. 22.. This ordinance shall take effect and be in force
fran and after its publications
Passed and approved November D, 1894.
Mayor.
Attes t.111
City Clerk.
I hereby certify that .tIV abdve and foregoing is a'true and
correct copy of an ordinance p#sed by the Mayor and Council of the
City of Salina, Kansas on ffgg e mb6r 2894,
City Clerk.