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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.