Loading...
496 Operate Street Railways.,f'M ""h f .fir ♦ .. � " .. R. fry, twy`rfrx {t r_ s"a4 n r d i n a n �c e airth6ri'zi If n`rop `T)• b 4 and his assigns, to construct maintain and operate strO_Pt # g rail}rays along utile streets and avenues of the city ry S y F Re­ i -t-, _ ox_d ai_,med kl t�ta a_..i.�.ay a r ._ .a ra cl r 6a A c f 1. � n.. _QX__ o f , ON it b' :?.•, ?... w I l.._ 7'}1.E� 1, .:7.- _}1Pi.''"f� �r c� 1f,cLd1,w'd:�to U ..._ fiver ..thq t.er•I:?...o t t:-ye-Ar _ ' 'lf(I i;ite .da� Ek.... 6-6T).t.w. .' `A r._ _... .. ion of this,o7rdinarice. to consl•rt2ei, _.ria n Anj, Q s r e,et rail,v L,s it ion all t!ie street s .�n•c1 r Z �iel irl itofthe itof Salian_-igludint7om.the _ ri it vC �� _. 7,71 remit c s,;r>z� r��intart� rid ()per .te qac .. b- ri,dS''VJ1t;1 sai d C°1t y t3f+4r W-3xc s. �t ewer t7�, }i� sax d '9or roe c''r Ytp"'.,w a 2 a1 nr, d F shall.. cq')n 3t1-11at..), r� �1nt � n� snd operate salf'�1�z aa��_�,, k . _ ways inconformity to the condio tins I -rPznaf�,�,s.` 8 eel 1e, __._._,..,_ ._... �_..._n__.....w u_ and shall accept tha conditions-of. t i1 s ordinan2� tin days after th�`'pzzhl L� ac>n t}in,.F,,if The satd sty eei rail.-.mays shall be c-onstrliet d ipon and alone vl-1e str.e'ets and avenues of said city. �t _ a- sin�1e. or doubl trac' at Lt�e cia( ��on z,f• sald c it . Iv tfi'rlll;tMR UT1, and }71r c3ssinS,n1�Psry` s��?11,C'�iC.,€n �As, and tllrn gab, mss, in sitch manr t r a in no vise ito �,Qrfere wi.t?r publac or privat rights ....,a. 7 „. ,>. Phe i• ta c5f :,saLd sup � G � L�Nil ei shall Yl� l iA E.. , O_';'t on the, r ad e elf On tai t}i@ Irr a e or t}te &t€ avomies a.8 jheyr notA, ire,} r,' or established from time to time, along which said rail- . way may pass, and shall be so constructed that the flow of water in the lateral and cross gutters shall be free and the drainage in every particular as complete as thc;ugh I said rail -ray had not been built and shall be const.•L�eLed in .such rrranner as not to prevent the crossing of Liie streets and avenuos by teams and wagons at any point with; 1p(--_fe?t safety. The canter line of the tracts shall as near as practicable, coincide r ith the center line of the lii rf.-rxray over or alons; w)iich same riay finless othor,,ise dire ,;e l by the city coi,,r«il. S e c. 4. The rails and tracks of said street rai:I,r�zy shall be. kept in constant good repair, ar.d said 'Tonroe T). Herrin, -,ton and his assif,ns, shall kc-ep rhe space between " It!' -i(- rails, and also the space of taro feet on the outside l of overy rail, ,,;all filled Lo the levil of Oie top of the rails so that Zaersons and vehi,cIos crossinf; or travelinf; over or along tine streets and avenues upon or alonf; which such rails may be laid shall in no wises be hindered or ob-- str: acted by said rails, ansa whenever said city of Salina, shall pave or macadimize any street, the said TTonrc�e D. Herrington, and his assigns shall suitably pave or macad- amize the. space betwpf'n the rails of said street railway on such strec L ::z' sLroots so paved or macadar_nizezd by said c!.ty. Provided "',iat on Santa Fe Avenije. between Ash and Walnut Streets Liie t.-aiks shall he paved or macadamized as the SMO is const.•ueted as above providod. S e c. 5. Such rail`r,,ay' shat 1. not bo l( -.ss .;',,an throe nrj : OL ' 4 ne--hal f. foot gaulplo, constructed of steel rails, with oak llltins not less than 4 x 6 inches in size, and all vehhicles lin thereon,- and all thy* appurtenances thereunto belong- nc;, sh all be constructed of first class material and kept nd maintained in food repair in all respects. The cars n said street rail-iay shall be regularly run for not less` 1�•s-:!n.ty herm 15 hhours each day and at intervals of not exceeding minutes, and all cars that; are run after sun-seL hall be provided ,k:ith a proper si,;nal light on each: end hereof, and such light shall be placed so that it can be r.• ern for a distance of at least two bl6cks and a hell hall at all !.--imss be attached to soma portion of the arnass of animals drailing the car. e c. G. Each passenner on the vehicles of said street -ailway may he required to pay a fare of not to exceed cants. fruit any point 'alone; said railways to any uti- r n., on said railways to be designaced by the pa,,.,se;n-° rrsa•, PruvidIed that children less than five years of ante lien ac,2o.-iT)anied by parent or guardian shall.Nbe allowed. o ride free, and pro>>ided further that said h:Tonroe D. 7,-rrin, ;ton and his assigns shlall he allomod ;,o (- :,arge net,�:een the hoelrs of Len o'clock P.?9. I and six ' clock A.',. e e. 7. Said I.Tonroe n. h-ierrin,g�,on shall cons6rtFc.6 and ormence the ope=rat-Lun of said railway from a 11oinL ithin one htundr-ed feet of thho dod,,:t or the Union Pacific illmay, th'hC'!lr •': sol:',�! on i'int;1 St - nee, to Ash Street, n Ashl Str e,-- Ie centejr () T Piano: i'n Arerri �, ar_' r Joint ,xiithin one hundred feet of the Missouri pacific epot thence south on Santa Fe Avenue to Prescott Avenue, i;,lim six months after the date of the publication of his ordinance. e c. 8. The said ?Tonroe 1). Herrington and .his assigns, ay at any time pave or macadmize the space between the racks and also the space of two feet on the outside of lie track of .said street railways on any street to a depth f not less than six inches, alien though such street may of have: been ordered to be paved or macadamized by the ity council. .'.nd the said P4onroe n. Herrington and his ssigns shall Dave the right for the purpose of con.struct- ng and repairing said street railway, and for the pur,- ose of paving and macadamizing as herein provided to ake up all pavements, sidewalks and crossings, on the treets and avenues of the city, and make siich excavations herein as may be neccessary to lay, repair and maintain he track of said street railway, and shall within a. rea-s nable t imn replace and repair all such pavements, nft� idewalks and crossings, and fill all such excavations, nd restore all such streets and avenues in as good con- itivn as -the°y were before. And in case, of the removal or aking tip of any paver.--iPnt, sidewalk or crossing or the aking of any excavation, the said Tfonro'e n. Herrington nd his assigns shall suitably guard the same so as to resvent accidents to parsons and property, and the said onroo n. Tlerrington and his assigns shall bei 1•osl.or,sit ; nd liable for all damages occasioned ry 1she rerioval I any pavement, sidewalk or crossing, or the- r.iaking of.,;;�+n excavation, whetl-ier done by themselves or their less00_0.,:y,-'� ontractors, sub contractors or employees in any degree. he rights and liabilities ander this. ordinance shall con - ince for the period of twenty years unless sooner tnr- inated as herein provided. e c. J. The city of Salina reserves the right to take p the track of said railway when neccessary to effect relaying ublit improvements, the taking up and 1W Po of he tracks and platin;; the road bed in proper condition o be done a( the. expanse of the city and wit?iout unnec- esary delay. And in case- t}1e said Tlonroe D. 1Ierringtun nd Iiis assigns shall refuse or negleei to mako any re - airs or improvements on the streetsprovided for ny ;.?iis rdinance then Che city may make such repairs and improve- ents at the expense of, and recover the same frori, raid onroe n. Herrington and his assigns. e c. 10. Said street railway shall be a passe=nger rail - ay, provided however the said TTonroe T). Horrinf tc;i� �rld is assigns shall be porrnitt =gid to carry ba,laT;e belonginr, to or accompanyincj passengers rtt all times, packages of 11 kinds and descriptions or weight not to t xceect fifty ounds and all kinds of material and rock to be used in unstructint;, repairing, paving or macadamizing the linin. e c. 11. No car in any case shall Inc- run at a,t neater Bead than six rpiles per hour and 'iil e cars ares turning ornors from one street to an Wt? lr C?ie liorses shall i,u e driven fasi.er than a walk. h:. e c. 12. The said TTonroe D. Herrington -:and his assigns hall clean so much of the streets and avenues as sljall )e occupied by its tracks and turn outs and cause t ]71,C4 dA r r cleanings, to be placed in heaps for removal, and in ase when it, becomes neccessary to remove snow or 1-ce, rom the tracks i -t shall be dist ributed over thea -sn.r-f.aeo �f the StT-eet., within a reasonable time so as ere with the Ilse. or t)le street by the Public. c. 13. Tile said city or Salina agrees to protect said onroa r). -Herrington and }Cis assigns- in the an3oyrne,nt hair ri-hts under this ordina anceand to pass such urdi- anc-es as may be nec.cessary, and .,,yiChin the pulver of the ity to s"'li'vablY Punish all unwary- jt (-d interferanc-e wi,th_ aid railway property and blia operation of said -j:xe ,-e t 14. Tlie cars of. said street railways_ shall at all imes be entitlod to the track, and the driver of (-,very ehicle upon the 'track or by the side thereof shall. -1-urn such Ve}iicle when any car comes up so as to, le gy e L a rack unobstructed for the passage of suc?i street car. ro-%ride�d ho -,!;over that all ongines, hose carts and other iro aparatus going �o and from Tires shall have the,,_riFfj-lj. f wny (.),!Pr all Oie lines of street railways. c. 15. The city council shall have she right at any iMl ':Lfte)r the expiration of one, year from the da-te. e publication of this ordinance to order the said T-Tonroe Herrin, -,ton or his assigns tq extend said st'reot rail- ty for noll, to exceed one mile in each six montlis Qn any . of the streets or avenues of said city of Salina, and if said T:tonroe D. H-rringtona,nd his assigns shall refuso or - neglect for six me3ntlis after ordered to so extend said sbroet railway, then said T.Tonroe T). Herrington and his assigns shall forfeit their right to construct or° uper- ate any street rail wvay over or along such streets or ave - ties where so ordered, and said city (-wincil shall thenco-- onh have the right to grant the prIvelege of buildinff a street railway on such streets or avenues to any other parson, partnership or corporation. e c. 16. The said Monroe n. Uerrington or his assigns hall locate keep and maintain the business office,, car Tiops work shops and stables neccessary for the operation f said road ,within the corporate limits of the city of al ina. e c. 17. ?.►ith.in ten days after the Publication of this rdinance said TTonroe n. Herrin,;ton_ shall filn with the ity clerk in writing his acceptance of the provisions of his ordinance, and in .case of failztre to file such ac- eptance within the time specified, or i f the said TIonroe Herrington and his assigns shall fail to complete so rich of said street railway as is described in section e umber seven of this ordinance, and have the same in op - ration within six months from the date of the publica- ion of this ordinance, then in either event this ordinan:;(, hall become null and void and all eights hereby granted r intended to be, shall be forfeited. :� c. 18- This ordinance- shall take effect, ,.ted be din orce from and after i t.s f),tibl is at ion onne -ii) U'z:' Sal i n, al � County Journal. I-Itf App roved June %,9 1666). ... .. .. .... ;ayor. Attest: ....................pity rlerlc. Ordinance No. 496 An ordinance authorizing Monroe D. Herrington and his assigns, to construct, maintain and operate street railways along the streets and avenues of the city of Salina. Be it ordained by the Mayor and Councilmen of the city of Salina, Kansas. Section 1. That there is hereby given and granted to Monroe D. Herrington and his assigns, the exclusive right, for the term of twenty years from the date of the adoption of this ordinance, to construct , maintain and operate street railways upon the streets and avenues within the limits of the city of Salina, including the right of way and right to construct, maintain and operate such railways across all bridges within said city. Provided however that the said Monroe D. Herrington and his assigns, shall construct, maintain and operate such railways in conformity to the conditions hereinafter specified and shall accept the conditions of this ordinance within ten days after the publication thereof. Section 2. The said street railways shall be constructed upon and along the streets and avenues of said city with a single or double track at the option of said Monroe D. Herrington, and his assigns, and necessary switches, turn outs, and turn tables, in such manner as in no wise to interfere with public or private rights. Section 3. The track of said street railway shall be laid and kept on the grade even with the surface of the streets and avenues as they now are, and as they may be changed or established from time to time, along which said railway may pass, and shall be so constructed that the flow of water in the lateral and cross gutters shall be free and the drainage in every particular as complete as though said railway had not been built and shall be constructed in such manner as not to prevent the crossing of the streets and avenues by teams and wagons at any point with perfect safety. The center line of the tracks shall as near as practicable, coincide with the center line of the highway over or along which the same may pass unless otherwise directed by the city council. Section 4. The rails and tracks of said street railway shall be kept in constant good repair, and said Monroe D. Herrington and his assigns, shall keep the space between the rails, and also the space of two feet on the outside of every rail, well filled to the level of the top of the rails so that persons and vehicles crossing or traveling over or along the streets and avenues upon or along which such rails may be laid shall in no wise be hindered or obstructed by said rails, and whenever said city of Salina, shall pave or macadamize any street, the said Monroe D. Herrington, and his assigns shall suitably pave or macadamize the space between the rails of said street railway on such street or streets so paved or macadamized by said city. Provided that on Santa Fe Avenue between Ash and Walnut Streets the tracks shall be paved or macadamized as the same is constructed as above provided. Section 5. Such railway shall not be less than three and one half foot gauge, constructed of steel rails, with oak ties not less than 4 x 6 inches in size, and all vehicles run thereon, and all the appurtenances thereunto belonging shall be constructed of first class material and kept and maintained in good repair in all respects. The cars on said street railway shall be regularly run for not less than 15 hours each day and at intervals of not exceeding twenty minutes, and all cars that are run after sunset shall be provided with a proper signal light on each end thereof, and such light shall be placed so that it can be seen for a distance of at least two blocks and a bell shall at all times be attached to some portion of the harness of animals drawing the car. Section 6. Each passenger on the vehicles of said street railway may be required to pay a fare of not to exceed five cents from any point along said railways to any other point on said railways to be designated by the passenger. Provided that children less than five years of age when accompanied by parent or guardian shall be allowed to ride free, and provided further that said Monroe D. Herrington and his assigns shall be allowed to charge double fare between the hours of ten o'clock P.M. and six o'clock A. M. Section 7. Said Monroe D. Herrington shall construct and commence the operation of said street railway from a point within one hundred feet of the depot of the Union Pacific Railway, thence south on Ninth Street to Ash Street, east on Ash Street to the center of Santa Fe Avenue, and from a point within one hundred feet of the Missouri Pacific deport thence south on Santa Fe Avenue to Prescott Avenue, within six months after the date of the publication of this ordinance. Section 8. The said Morgan D. Herrington and his assigns may at any time pave or macadamize the space between the tracks and also the space of two feet on the outside of the track of said street railways on any street to a depth of not less than six inches, even though such street may not have been ordered to be paved or macadamized by the city council. And the said Monroe D. Herrington and his assigns shall have the right for the purpose of constructing and repairing said street railway, and for the purpose of paving and macadamizing as herein provided to take up all pavements, sidewalks and crossings, on the streets and avenue of the city, and make such excavations therein as may be necessary to lay, repair and maintain the track of said street railway, and shall within a reasonable time replace and repair all such payments, sidewalks and crossings, and fill all such excavations, and restore all such streets and avenues in as good condition as they were before. And in case of the removal or taking up of any pavement, sidewalk or crossing or the making of any excavation, the said Monroe D. Herrington and his assigns shall suitably guard the same so as to prevent accidents to persons and property, and the said Monroe D. Herrington and his assigns shall be responsible and liable for all damages occasioned by the removal of any pavement, sidewalk, or crossing or the making of any excavation, whether done by themselves or their lessees, contractors, subcontractors or employees in any degree. The right and liabilities under this ordinance shall continue for the period of twenty years unless sooner terminated as herein provided. Section 9. The city of Salina reserves the right to take up the track of said railway when necessary to effect public improvements, the taking up and relaying of the tracks and placing the road bed in propert condition to be done at the expense of the city and without unnecessary delay. And in case the said Monroe D. Herrington and his assigns shall refuse or neglect to make any repairs or improvements on the streets provided for by this ordinance then the city may make such repairs and improvements at the expense of and recover the same from, said Monroe D. Herrington and his assigns. Section 10. Said street railway shall be a passenger railway, provided however the said Monroe D. Herrington and his assigns shall be permitted to carry baggage belonging to or accompanying passengers at all times, packages or all kinds and descriptions of weight not to exceed fifty pounds and all kinds of material and rock to be used in reconstructing, repairing, paving or macadamizing the line. Section 11. No car in any case shall be rune at a greater speed than six miles per hours and while cars are turning corners from one street to another the horses shall not be driven faster than a walk Section 12. The said Monroe D. Herrington and his assigns shall clean so much of the streets and avenues as shall be occupied by its tracks and turn outs and cause the dirt or cleanings to be placed in heaps for removal, and in case when it becomes necessary to remove snow or ice from the tracks it shall be distributed over the surface of the street, within a reasonable time so as not to interfere with the use of the street by the public. Section 13. The said city of Salina agrees to protect said Monroe D. Herrington and his assigns in the enjoyment of their 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 interference with said railway property and the operation of said street railway. Section 14. The cars of said street railway shall at all times be entitled to the track, and the driver of every vehicle upon the track or by the side thereof shall turn out such vehicle when any car comes up so as to leave the track unobstructed for the passage of such street car. Provided however that all engines, hose carts and other fire apparatus going to and from fires shall have the right of way over all the lines of street railways. Section 15. The city council shall have the right at any time after the expiration of one year from the date of the publication of this ordinance to order the said Monroe D. Herrington or his assigns to extend said street railway for not to exceed one mile in each six months of any of the streets or avenues of said city of Salina, and if said Monroe D. Herrington and his assigns shall refuse or neglect for six months after ordered to so extend said street railway, then said Monroe D. Herrington and his assigns shall forfeit their right to construct or operate any street railway over or along each streets or avenues where so ordered, and said city council shall thenceforth have the right to grant the privilege of building a street railway on such streets or avenues to any other person, partnership or corporation. Section 16. The said Monroe D. Herrington or his assigns shall locate, keep and maintain the business office, car shops, and stables necessary for the operation of said road within the corporate limits of the city of Salina Section 17. Within ten days after the publication of this ordinance said Monroe D. Herrington shall file with the city clerk in writing his acceptance of the provisions of this ordinance, and in case of failure to file such acceptance within the time specified or if the said Monroe D. Herrington and his assigns shall fail to complete so much of said street railway as is described in section seven of this ordinance then in either event this ordinance shall become null and void and all rights hereby granted or intended to be shall be forfeited. Section 18. This ordinance shall take effect and be in force from and after its publication once in the Saline County Journal Approved June 29, 1886