715 RailwaysBE IT ORDAINED BY 711 Ea TiAYOR AND. THE COUNCILMEN OF THE
CITY OF. SALINAj KAt`1SAS
SECTION I,—
THAT THEME IS HEREBY GIVEN AND GRANTED TO. THS SALINA
RAIL WAiY 'COMPANY AND ITS ASSIGNS, THE RIGHT FOR THE TERM-. OF FIFTY
` YEARS FROG"'THE DATE OF THE ADOPTION. OF. THIS ORDINANCE TO CONSTRUCT
I
14AINTAIN AND OPERATE STREET.RAILWAYS UPON ALL THE STREETS AND AVE—
NUES WITHIN. THE LIMITS 'OF THE , CITY OF SALINA# INCLUDING T HE . RIGHT
OF WAY AM .THE RIGHT TO CONSTRUCT,MAINTAIN AND OPERATE SUCH RAIL—
WAYS ACROSS ALL WAGON BRIDGES WITHIN`. SAID CITY..
FROVIDED,HOWEVER, THAT THE. SAID SALINA RAILWAY COMPANY' AND ITS. AS—.
SIGNS SHALL CONSTRUCT: IAINTAINs AND OPERATE SUCH RAILWAYS .IN CON
FOR 4ITY TO THE CONDITIONS ,.H'EREINAFTER-5PECIFIEDPAND SHALL ACCEPT
THE CONDITIONS OF THIS ORDINANCE WITHIN TEN DAYS FROM TIE PASSAGE
THEREOF*
SECTION 2j,..
THAT SAID STREET RAILWAYS SHALL BE; CONSTRUCTED UPON AND
ALONG THE STREBTS AND. AVENUES OF SAID -CITY WITH A SINGLE. OR DOUBLE
TRACK AT THE OPTION OF THE SAID SALINA'-RAILWAY COMPANY AND, ITS
AS SIGNS, TOGETHER WITH ALL NECESSARY SWITCHES TURNOUTS, ASD TURN—TA=
BLES9IN SUCH MANN EF AS IN NO WISE, TO INTERFERE WITH PUBLIC. OR PRI—
VATE R,I GH TS W'
SECTION 3,- y,
THE TRACK OF -,SAID STREET RAILWAY SHALL BE, SO LAID AND
KEPT THAT THE; TQ:S *OF THE RAILS USED T1HEREIN. SHALL BE ON EVEN,
GRADE. WITH THE SURFACE OF THE- STREETS AND AVENUES ALONG RHICH
SAID RAILWAY. MAY.'PASS -AS THEY NOW ARE, AND, AS' THEY MAY BE CHANGED
OR ESTABLISHED FROM TIME TO TIMES' AND SHALL BE SO CONSTRUCTED THAT
ITHE F L 0 OF WATER 'IN THE LATERAL AND CROSS GUTTERS SHALL BE FREE:
AND 'THE DRAT JAGS IN EVERY PABICULAR AS COMPLETE AS THOUGH SAID .
FAILWAY HAD NOT }3r{ EN BIJILT; AND $HALL BE CONSTRUCTED IN SUCH A
1,,ANNER AS NOT TO PREVENT OR IMPR'DE THE CROSSING OF THE ST'RESTS AND
AVIVUES BY TEA1NS AND.VEHICLES AT ANY POINT WITH PERFECT SAFETY.
THE CENTER LINA. OF THE TRACKS SHALL AS NEAR AS PRACTICABLE, COIN—
GIDE WITH THE ORMER OF THE STREET OVER OR ALONG WHICH THE SAME
PASS UNLESS OTBERINISE DIRECTED BY THE CITY COUNCIL..
SECTION 4
THS, RAILS AND TRACKS OF SAID STREET RAILWAYS SHALL BE
r
KEPT IN' CONSTANT GOOD Rr,.PAIR,AND SA TD SALINA S=WW RAILWAY COHPA—
NY AND ITS . ASSIGNS SHALL KEEP THE SPACE BETWEEN THE RAILS AND ALSO
THE SPACE OF TWO FZEt ON TI41i: O'ITSIDE OF EVERY RAIL: -WELL FILLED TO
THE. TOP -'OF THE RAILS SO °I'I-3AT PERSONS AND, VEHICLES CPOSSING OR
TRAVELLING OVER OR' ALONG THE STREETS AND AVENUES UPON OR AONG
WHICH -SUCH RAILS MAY -BE LAID,SHALL IN NO WISE BE HINDERED OR OB-
STRUOTED BY .SAID- RAILS; ARD WHENEVER SAID CITY OF SALINA,SHALL
PAVE OR- MACADIMIZE ANY .STREETS THE SAID SAUNA, RAILWAY COMPAikY OR
ITS ASSIGNS SHALL SUITABLY PANE OF InACADIMIZE THE SPACE BETWEEN
THE RAILS OF SAID STREET RAILWAY ON SUCH STREET 'OR -STREETS .SO PAV-=
ED OR.14AGADIMIZED' BY- SAID CITY. PROVIDED, THAT ON SANTA FE AVENUE
BETWEEN ASH ANOWALNUT WALNUT STREETS THE'TRACKS SHALL. FE PAVED OR RACAD o'
IMIZED AS. ,.THE SAME .IS NOW GON'STRUCTEDsAS ABOVE PROVIDED.
SECTION.
SUCH -RAILWAY SHALL BE NOT LESS THAN THREE AND ONE, HALF
FOOT .GAUGE,CONSTRUCT D .OF STEEL RAILS.*WITH' OAK TIES NOT LESS THAN
4 X 6 INCHES IN SIZE,AND ALL VEHIdES RUN THERRON,AND ALL THE APS
PUETENANCES THEREUNTO BELONGING SHALL BE -CONSTRUCTED OF FIRST
CLASS MATERIAL AND :SHALL BE KEPT AND MAINTAINED IN GOOD R..PAIR IN:
ALL RESPECTS.
SECTION 6. -
THF, SAID SALINA 'RAILWAY COMPANY SHALL HAVE, TME RIGHT TO
OPERATE SAID RAILWAY BY HEANS OF ANIIML POWER, STEAM WHEN APPLIED
TO CABLE, ELECTRIC IIOTOR,AND CABLE POWER,'. PROVIDEDs,14017EVER, THAT
IF. THE SAI D SALINA RAILWAY COMPANY - -OR. ITS ASSIGNS SHALL FAIL TO
HAVE IN OPERATION WITHIN THREE YEAFS. FROM THE D AT IS OF THE PASSAGE'
OF -THIS ORDINANQEvAT LEAST 'THREE MILES OF SAID RA IL IV
AY BY OTHER,
MEANS THAN ANIMAL P017ER THAT THEN AND IN THAT CASE SAID SALINA
RAILWAY COMPANY AND:ITS ASSIGNS SHALL,. FORFEIT ITS RIGHT TO OPERATE
ANY OF SAID RAIL111AY BY OTHER FEANSTHAN ANIMAL P01VER0.
SECTION '7. -
SAID STREET RAIL'VAY SHALL BE REGULARLY -.OPERATED FOR
NOT LESS THAN FIFTEEN. HOURS EACH DAY AT -INTERVALS OF A REASONABLE
LENGTH; PROVIDED, HO9EVERv.Tl-JAT THE SAID CITY HEREBY RESERVES THE
RIGHT TO REQUIRE CARS TO BE RUN UPON SAID STREET RAILWAY AT INTER-
VALS OF AT LEAST EVERY TWENTY MINUTES DURING TH11 TIME SAID RAIL --
WAY IS OPERATED EACH DAY#,.
ALL CARS THAT ARE RUN AFTER STIN-SET SHALL BE PROVIDED WITH A PROP-
ER SIGNAL LIGHT ON EACH END TllEREOF9AND SUCH LIGHT SHALL BE SO
PLACED THAT IT CAN .BE SEEN FOR A - DISTANCE OF AT LEAST TWO BLOCKS.
IF SAID STREET RAILWAY BlE, OPERATED BY MEANS OF ANIMAL POWER A BELL
SHALL AT, ALL 'TIMES BE ATTACHED TO SOME PO 1 -,.TIONOF THE HARNESS OF .3
THE ANIMAL DRAWING 'THE CAR*
IF SAID STREET RAILWAY BE OPERATED BY ObIER THAN ANIMAL POWER A
BELL OR
GONG SHALL
BE ATTACHED
TO
EACH CAR AND
SHALLBE :DISTINCTLY
SOUJIDED,
WITHIN ONE
HUNDRED
FEET OF
EACH STR29T
CROSSING. -
141
1. 4
EACH PASSENGER ON THE VEHICLE OF SAID STREET RAILWAY
MAY BE RE.QUIRED TO PAY A FARE. OF NOT TO EXCEED FIVE CENTS FROM
ANY POINT ALONG SAID RAILWAY TO ANY,OTHER POINT ON SAID .RAILWAY,
TO BE; DESIGNATED �BY THE PASSENGER*, ` PROVIDEDv THAT CHILDREN, LESS _
THAN FIVE YEARS .OF. AGE, WHEN ACCO11PANIED BY PARENTS OR GUARDIAN,.
SHALL. DE ALLO-IED TO RIDE FREE,AND PROVIDED FURTHER THAT THE SAID
SALINA� RAILWAY COMPANY AND ITS ASSXGNS,SHALL BE ALLOYED TO CHARGE
DOUBLE FARE '13ETIVEEN THE HOURS O F . tEN O'CLOCK P. M- AND SIX 0 CLOCK_
Aflmo.
SECTTON 9*.
- THE SAID SALINA' RAILf;1AY COMPANY AND ITS ASSN-NS,MAY AT
ANY TSE PAV,� OR MACADI144IZE THEPACE BETWEEN THE TRACKS$ AND ALSO
THE SPACE OF .TIO FEET ON THE OUTSIDE OF THE .TRACK OF ShD. STREET
RAILI AY ON ANY STREET TO A' DEPTH OF NOT LESS. THAN . SIX INCHES, EVEN
THOUGHA(SUCH STREET MAY NOT HAVE BEEN ORDERED. TO BE PAVED OR MACAD-
IMIZJED BY THE CITY COUNCIL* AND' THE SAID SALINA RAILWAY COMPANY
ANIS ITS ASSIHNSpSHALL HAV;:: .THIS; RIGHT,FOR THE .PURPOSE OFzl CONSTRUCT
ING AND; REPAIRING SAID STREET .RAILNAY, : AND FOR THE PURPOSE OF PA -Vi
ING AND. MALAUIRIIZING AS HEREIN PROVIDEDs TO FAKE UP ALL PAVE'MENTSV
SIDE.WALKS,AND CROSSINGS ON ,THE STREETS AND AVENUE`S OF THEAdITY,
AND MAV'l, SUCH EXCAVATIONS THEREIN AS 14A Y BE, NECESSAFY TO LAX, RE-
PAIR,AND ]MAINTAIN THE TRACK OF `SAID STRdT RAIL %AY,AND SHALL WITH-
IN .A REk, ONABLE TIME REPLACE AND REPAIR ALL SUCH PAVEIlENTS,SIDE-
TALKS,AND CROSSINGSAAND FILL ALL SUCH EXCAVATIONS,AND RESTORE ALL
SUCH STREETS AND AVENUES IN AS GOOD CONDITION AS THEY WERE BEFORE. -
AND IN CASE:OF THE RE3AOVAL OR TAKING UP OF ANY PAVIEMENTS,SIDEIALK
OR. CROSSING,OR THE MAKING OF ANY EXCAVATION,THE SAID SALINA RAIL-.
+IAY COMPANY AND ITS ASSICNSy SHALL SUITABLY GUARD THE SAME SO AS TO
151
:. PREVENT ACCIDF,NTS TO PERSONS AND PROPERTY# AND THE SAID SALINA
F�AIL.Mk COMPANY AND ITS ASSIGNS: SHALL B , RESPONSIPLE ARID LIABLE
FOR'.ALL ,DMIAGES. OCCASIONED'F_Y THE REMOVAL OF ANY PAVUfENT,SIDE- ALN
OR GROSSINGvOR THE MAKING OF ANY EXCAVATION WHETHER DONE BY THE11-
SELV`E OR THEIR LESS.ES,CONTRACTORS,SUTiCONTRACTORS,OR EMPLOYEES IN.
ANY DEGREE.
THE RIGHTS AND LIABILITIES- UNDER THIS ORDINANCE SHALL CONTINUE
FOP, A'VERIOD OF FIFTY YEARS UNLESS SOONER TERItlINATED AS HEREIN
PORVIDEDti.
SECTION IO..r
THE CITY OF SALINA RESERVES THE RIGHT TO TAKE UP THE
TRACK OF SAID RAILWAY WHEN NECESSARY TO PUBLIC (IMPROVE MENTS, THE
TAKING UP AND RELAYING OF 'THE 'TRACKS AND PLACING THE RAOD HACK
IN PROPER CONDITION, TO BIJ DONE. AT THE EXPENSE'OF THE CITY AND
WI THOUT UNNEUES-SA'� Y DELAY. AND IN CASE THE SA ID SALINA RAIL' AY
COMPANY -OR ITS: ASSIGNS,; SHALL REFUSE OR NEGLECT TO MKS . ANY. REPAIRS
OR I AIPROVENENTS ON THE STREETS ,PROVIDED.. FOR BY THIS � ORDWNC E,,
THEN THE ClT`YF:�AY MAKE SUCH REPAIRS AND IMPPF ,V MENTS AT THE .EXE
PENS.E OF,AND RECOVER THE SAME FPOM THE SAID SALINA' PAI LWAY COMPANY
AND ITS ' AS SIGNS.
SECTION II. -
SAID STREET RAILWAY SHALL BE A PASSENGER 'RAIL'VAY,PROVI=
DED,HOWEVER,THE SAID SALINA RAILWAY COMTPANY AND ITS ASSIGNS SHALL
BE PERM.ITtED TO CARRY BAGGAGE BELONGING TO OR ACCOMPANYING PASSEN-
GERS AT ALL TIMES, PACKAGES OF ALL 'KINDS AND DESCRIPTION OF f7EIGHT
NOT TO EXCEED FIFTY POUNDS,,AND ALL KINDS. OF MATERIAL AND ROCK TO
BE US4D IN CONSTRUCTING, REPAIRING, PAVING _OR MAC;ADIMIZING THE LINE.
SECTION I2..
NO . CAR IN ANY CASE SHALL BE RUN AT A GREATER RATE OF
M ,.r
SPEED THAN EIGHT MILES PER HOUR UPON ALL BUSINESS ST•RENTS, OR
THAN FIF'T .N MILES PER HOUR UPON ALL RESIDENCE STREETS,
SECTION 13 ---
Til E
3.—THE SAID SALINA RAILWAY C0HPA i'. AND ITS ASSIGNS SHALL
CLEATS S0 ;:tUCH OF THE STREETS AND AVENUES AS SHALL .BE OCCUPIED BY
ITS TRACKS, Alt TURNOUTSsAND CAUSE THE DIRT OR CLEANINGS TO .BE
PLACED IN HEAPS FOR. RE hlOVAL,AND "IN. CASE IT BECOME'S NECESSARY TO
REMOVE SNOW'OR. ICE FROM _`ME TRACKS IT SHALL BE.DISTHIBUTE:D OVER JF9
THE SURFACE OF T"HE; STRE;ET.WITHIN A REASONABLE TIME SO AS NOT TO
INTERFERE WITH THF USE OF THE ' STREET BY 'THE; PUBLIC.•
SECTION I4.
THE SAID CITY -Or SALINA 9kGRL;ES TO P1OTECT SAID SAUNA
RAIL 11AY' COMPANY AND ITS ASSIGNS IN THE ENJOYMENT .OF ITSRIGHTS
UNDER THIS ORDINANCE,AND TO: PASS SUCH ORDINANGEsS AS MAY RE` NECES—
SARY,AND 3ITHIN. THE P0101ER OF THE "CITY*'TO.SUITABLY PFJNISH ALL UN
WARRANTED AND IMPROPER INTERFERENCE WITH SAID RAIL-YAY PRO"PISRTY AND
THE OPERATION OF .SAID STREET RATLIAY'+
SECTION I5..—
THE CARS OF SAID STREET RAILWAY SHALL AT ALL TIMES- BE
ENTITLED TO.- THE TRACK,AND THE DRIVER .OF 8RVERY OTHER VEHICLE. UPON
THE TRACK OR BY THE SIDE THEREOF SHALL. TURN OUT SUCH VEHICLE WHEN
ANY CAR COMES UP, SO AS TO ,LEAV-E TH E -TRACK UNOBSTRUCTED FOR THE
PASSAGE OF SUCH STR"}ET CAR. PROVIDED, HOWEVER, THAT ALL ENGINES,
HOSE CARTS,AAD OTHER FIRE APPARATUS GOING TO 'AND PF, -OM FIRES SHALL
HAVE THE RIGHT OF WAY OVER ALL THE LINES OF STR':ET;-RAILWAYS.
SECTION . 1(3.—
THE CITY COUNCIL SHALT, HAVE THE RIGHT AT ANY TIME AFTER
171
TH, EXPIRATION OF SIX MONTHS FROM THE DATE; OF THE PUBLICATION OF
THIS ORDINANCE .TO ORDER THE SAID SALINA RAILWAY CUJPANY OR ITS
ASSIGNS TO EXTEND SAID STREET RAILc7AY UPON ANY OF 'THE STREETS OR
AVENUES OF SAID CITY OF SALINA FOR THE AGGREGATE DISTANCE OF NOT
TO EXCE',:D ONE MILZ IN EACH YEAR, AND IF THE: SAID SALINA RAILWAY
COMPANY AND. ITS ASSIGNS SHALL NEGLECT OR FEFUSE FOL,: THE PEI'IQD OF
SIX MONTHS AFTER SUCH ORDER SO TO EXTEND SAID STFEET. RAIL'9AY, THEN
THE SIE D SALINA RAIL17AY COMPANY AND ITS ASSIGNS SHALL FORFEITITS
FIGHT TO FURTHEP EXTEND ANY STREET RAILIAY OVER OR ALONG SUCH
STREETS OR AVENUES,OF TO OPERATE ANY FUR?'HLR EXTENSION OF ANY
STREET RAIL'7AY OVER OR ALONG ANY SUc_H STREETS OR AVENUES; ATPD SAID
V_
CITY COT JNCIL SHALL THENCEFORTH HAVE THE: RIGHT TO GRANT SUCH PRIV–
ILEGE OF FURTHER EXTENDING:BULLING AND OPERATING SUCH STRLET RAIL–
':LAY ON SUCH STREETS OR AVENUES TO ANY OTHEF PERSONsPARTNEFSHIP.OR
CORPORATION.
SECTION I7.—
THE SAID SALINA RAILWAY SOMPA14Y AND ITS ASSIGNS SHALL
LOCATEtKi%EP AND MAINTAIN THE BUSINESS OFFICE, CAR SHOPSt WORK SHOPS.
AND STABLES NECESSARY FOR THE OPERATION OF SAID ROAD WITHIN THE
CORPORATE LIMITS OF THE SAID CITY OF SALINA.
SECTION I8*_
c—,•s.-OL, Wiry
Wil N '"LN DAYS AFTER `YHE 13 0; THIS ORDINANCE
THE SAID SALINA RAILIAY COMPANY SHALL FILE 7ITH THE CITY CLERK IN
.WRITING ITS ACCEPTANCE OF THE PRO$ISIONS OF THIS ORDINANC':. AND
IE CSS:. OF FAILURE.; TO FILE: SUCH ACCEPTANCE WITHTN THE TIME SPECI–
FIED THIS ORDINACE' SHALL BEUObt': NULL AND VOID,AND ALL RIGHTS HERE–
BY GRANTED OR INTENDED TO BE SHALL BE FORFT:ITED.
in
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J a i AND O JN�IL 4LN 0 THF, C ITI' OF SAL TNA.
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ASSIGNS
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