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125y f. :v ,y 3 Clearwater,, Fla. July 2 19I4. 1 ORDINANCE NO 125, GRANTING '4!0 CHARLES H. EVANSi Z;. A. MURPHY AND JAMES H. MURPHY THEIR ASSOCIATES ASSIGNS OR SUCCU"SSONS, A FRANCHISE TO 0ONSTRUCT AND MAINTAIN A SYSTEM OF STREET RAILWAY AND ELECTRICAL LIGETING PLANT:%IN THE TOWN OF CLEARWATER, FLORIDA. f BE IT ORDAINED by the Town Council of the Town of Clearwater, i of Pinellas County, Florida: _ Section I- That the right of way over, on and through,\ ? and the right to build, equip and maintain a Street rsil.way, i or railroad over, in upon snd through any and every of the i following streets-of Clearwater, Pinellas County, Florida, to-nit: From the North Town limits of Clearwater, Florida, f,} south along Fort Harrison Avenue to the Town limits of Clear= mater on the South, on' Pennsylvania Avenue.Zlol?th:-and -Sout?i''fY?om `,r• ;. :, `: ' Drew Street, to cedar Street on Cedar street West to City ' limits. from Pennsylvania Avenue on Drew Street from Fbrt Harris on Avenue to the Town Limits East f, <r:..; F BE AND THE_•SMIE IS HEREBY GRANTED to Charles H. Evans _- H A Murphy,, James H. Murphy, their associates assiBnscor , I successors for the full and statutory period of thirty years from Fs ; the date hereof, and the said Charles H. Evens, H. A. Murphy, zr and James H. Murphy and their assotiatea assigns or successors I , t are hereby banted and given full complete and absolute franchise 1 and "ncession, over throligh and upon each and every of the aforesaid streets for the purposes aforesaid, with full power and authority to use occupy the some for the purpose of :',;,, ;•E:. building, construct _ <* and maintaining, using and operating ;. ' upon each and every street aforesaid, a system, or systents of ' I.::,.. railroad or railways as aforesaid', but not ?` ? •? ' ''. - , exceeding one line '? 1 r or track on each side of said streets upon the conditions here Y . `?;.??.?';;' s`' '• inafter mentioned. _ ,yFj, I{ :l el?,'? ?V'{. W :F .?'- A?• ., ,? ? •t' {.`, •F., x)14 J! ACTION 2» BE IT FURTHER ORDAINED that the said Char1a :??F -r..a?' 4''=•; "";:? ;, Y SL s H.'-Fvens, g. A. Murphy, and James H. Murphy and -their associates .S{Ja ?• ;:.pi ?':.vdl;l,'rf'?i?;. •a t.,i? ??'; - ! .< !f ±!i; ;''4 ..', `?. wa,9?, 4?'r{ .??????`.C.r'A,...??:e''?i:F:.,L'I',;',' , , ? t .?,,n,• ',`r,?:.',; 'ase:Laane, or aucc'erssore,i: ard. hereby 'given, coiicedad and grantedla y, t'?! <?t ri1"T.r•?#F Na.,pp'Y!x$?:'r.k .C ?; .'?I: i:FF +Yd+:1 '?S'?w.?! ., 1- M. "!•1',•' , tv :? r ifs:'<?. 1 4 S ' 1 •?\? ? 122 ., i { the right power and authority to use and employ any or..1aW tho 1 il d t roa ra or railways o he conatructod upon any on all ' of the said streets, electricity or electrical poorer, or power to be gotton from compressed air, orfrom the use of gasoline, fuel bit, or any of their by- products, excepting the use of „ steam, for tkio purpose.of propolling tho cars to be run theroon; and are oubhorized licensed and empowered to lay switches, burn- , outs and other necessary tracks and equipment for the carrying out of the purpose:of thib franchise. PROVIDED, however that no swItehes or turn-outs; shall obstruct any of the aforesaid streets so as to render them " useless as public streets and that where such tracks cross", ! intersect or parallel, or run along any e1reet, they or it, she 11? ' be made to o-onform to the grades of such streets which the ' tracks or switched cross, intersect, parallel or run along. PROVIDED FURTHER, that the said Charles H. Evans H. A. Murphy and James H. Murphy, and their associates, assigns or successors, " shall commence actual work on the said tracks in the To= of , 5 +•' " ` : " Clearwater within one 'year from the date hereof and that the ; ? _ " . ;`'' " h l t d d t t s all have comp o 6 an in opera ion a least two miles of track in said town within two, years from the date hereof. SECTION 3- BE IT FUBTIiER ORDAINED, that the said Charles H. Il ` Evans, H. A. Murphy, and James H.. Murphy, their associates, assigns or successors, be and they are hereby granted full E power authority and license to enter upon any and every of the .Y r j1. aforesaid streets, to erect, maintain : and operate in, on and through any and all of said streets all such , poles wires, ° •" s '` ' .` trolley lines, trolley wires, eTectric&l conduits, and other a;a.•< '; r appliances necessary or advantageous to the carrying out o8 the ! ,;_:_;: •. `•' °:?;` installation, operation and maintainance of such railroads or railroad system or systems, as aforesaid. t . PROVIDED alsos that the said Charles H. Evans, ;4I.A. Mprphy, ., :??°•?:. ;?1.. ^.;• :1•? , t. ?e?:,??r;..C? rat•cf,•»; ?a.?Ye.?lf?f?•!_T'- ? fY j i4',°i'?R'• ;i . and J'amee H; Murphy, their aasaeiatea as signs or .successors, \ rl i , `r??ic.rt'.,?.;.. _ - - - t 'sf,'('i"?s?? •!' j•1' ,'i?i??, (!.'•', ?S ,( ji= c".iS.? - ' '? ` e - " ` "'?' ?•yf,`i5t. `i?}w, x;' .` vt,_ y,.''- • f l.•, T•..1" ?-Y. '`.'•.ffr..'w syi? L^Y ". r'/•: •w•f .C ME • I -'Y„` .`}YI?.'s- J • t1y 004 paving- on any or the strea ca or sold 'town now paved, immedlopoly upon entrance for the purpose of laying track, on any of the said streets so paved, and shall replace some in pai_-good condition as they are or were before the said line of street railway was placed thereon, or as near such condition as may be passible, and shell give bond to the Town of Clearwater sufficient- to cover the cost of said paving- and of replacing- said street in as goad e'ond-Ition as it was bef-'brc entry was made upon same, said bond1 to be filrnished with two good and sufficient suretied, and to be approved by the Town of Clearwater, and shell pay one third of :r?> `• :. '' t' the cost of pavement of an streets which may be hereafter y<<, ,.,•.- any Y paved upon which said rail*oy is constructed. Y ;'= PROVIDED ALSO, that after the time when the said Charles H. Evans ' H. A. Murphy and James H. Murphy their associates assigns or successors shall have begun operation of cars on the aforesaid streets, in or thz?ough the Town of Clearwater, it S shall be their duty to maintain a reasonable daily. schedule for the operation of st.ch cars, and should at any time the schddule i ` . adopted by the aforesaid parties not to be satisfactory to the { Town of Clearwater, a committee from the Town Council of the Town of Clearwater may then be appointed to meet representatives of the street railway for the purpose of adjusting and satisfactorily arranging such schedule, and if said committee and'represente?;i've cannot agree upon a schedule then the Town :.' f Council may fix some which shall be final and if after the bepinning of the operation of care on the said street railway line the said Charles H. Evans, H. A. Murphy, and James H. f: Murphy their associates assigns or successors shall fail to operate cars for the accommodation of passengers on said line of street railway for a period of,-sixty days from any cause whatsoever, except providential hindrance then the TownCouncil. `?•t.[??. :al,.:`?i=, -?fr :? ,'i'• ;if: .?' 1''4f.. t may at its option.after slzty days.notice in writing{ to the"said, 15 ,t S /R' f°.k• 't4? t H-7W''t,ti? 4., } ?J ' J:? f • }'- P'^ `'? i, ;?' jj// '°. _, af• Chexie$'.: H 'E`vaii43 '8:. A' .blur h?y and James H. Murphy 124-1 associates assigns or successors, declare this street'railway franchise null,and void, if•tho said street railway should fail within that time;to begin actual, regular and permdnent operations. ? and the said Charles H. Evans, H.A. Murphy and James H, Murp#y, J., their associates, assigns or successors, shall within ninety days after receipt of notice from the Town Council of its intention f to revoke this franchise move all tval%ks poles and apparatus.of ` such street railway from acid streets, and place said streets in as good condition as they were before removal of said apparatus; and in case they should fail or refuse to so remove said apparatus and replace said streets in said condition on, >,? said apparatus and each and every part thereof shall become the properties-of the Town of Clearwater or its successors " t" f ' without liability for the cost thereof, or suit for damages ;,i•" thereof. PROVIDED FURTHER, that all rails, tracks, poles and other equipment and rolling-stock shall be of good standardiquality for such use as is to be made of some, and all work to be done on such street railway shall be done in good and thoroughix, ' workmanlike,-manner. and,,under the inspection and approval of the Town Council, all poles and other fixtures are to be placed as to :.• : ..' be of least obstruction to the streets end at such places- as may ? be designated by the Town Council. PROVIDED FURTHER that the rails for said' railway shall be laid upon stringers so as to protect the pavement on said . . :::.. .... . : ,streets. PROVIDED FURTHER that the said Charles H. Evans H. A. •',` `'° , Murphy and James H. Murphy their associates assignsAor successors' shall,not charge for passengers ri.dingT upon the cars of said grantees running over the streets of said Town more or less than:five cents for each passenger for each trip within the Town limits .'PROVIDED FURTHER p that the Town of Clearwater hereby i• ? 3.` ? :'e i •,1°":' "fitr' :"f?'r-' 'rese'rvei the 'tight` in accordance with the Statutes of the State ? ?`' . • • 4• •ij' ' FY;? i'-: F :??.:.aG-,.. • ?:4?.i?'t t??;: ?ff,5y@ t??n'y s . . T, t.. ' Et t ¦ • I i 9 i is r,. •?1 i.'=?5. tii'?? ..`i' .1 ,t 3i??'??_?i ?4?'3Y:f2": 1?.. `?„^i :.Ric'1F•S. f tx,.jii ts..d, :3 `S ;i.L. 1 of Florida, and this reservation &a aiioonditiog p'recident to taking affect of this grant, at xbilrnpdrorivailways, system or systems or other property used under or in connection with such franchise or such pert of such property as the Town of Clearwater may desike to purahuse, at a valuation of the property, real and personal, desired'. which valuation shall be fixed by arbitration as id or may be provided by law. f SECTION 4- BE IT FURTHER ORDAINED that the said Charles H. Evans H. A. Murphy and James H. Murphy their associates assigns or successors, be and they are hereby granted' full. power authority and license to build, constuuet, egiiip and maintain ti. .: In the Town of Clearwater, a plant or plants for the purpose of generating, manufacturing or pnodticing electricity at such " place as may be agreed' upon by the Town of Clearwater, and - Charles H. Evans H. A. Murphy and James H. Murphy, their g . `'. ?,.:'f.'• 3 associates, assigns, or successors. SECTION 5- BE IT ORDAINED that the said Charles H. Evans 1' ?! H. A. Murphy and James H. Murphy their associates, assigns or successors be rafid they are hereby granted" full. power authority ` and license to enter upon any and every street of the Town of Clearwater and upon all allgys in the Town of Clearwater, for ; the pu.rposeof erecting and maintaining all poles and under grounds or overhead wiras necessary to the conveying-and .transmitting of electrical power Dior lighting and power purposes, an `,."'1 ! and the right and power to sell, give, donate, retail and otherwise d1spose of the some in and about the Town of Clear- water , Florida. ; PROVIDED the said Charles H. Evans H, A, Murphy their associates successors or assigns shall remove all poles from - any of the streets which may be designated by the Town Council ' from time to time and shall install underground conduits with- s in aix ' months from notice from Town Council. .6ECTION 5- The Town Council reserves the night`. to pass µ !,'' tr:=` j x•:i : ?, ;-:' .[??'. • .•? Vii.' ?? . r r .. : .. .. T iEt J 4? f i i c n,???`imS i?[An°53N'+'i;V ?.a'u`J?e. ??,`Y•ti ?j.y Jr?. :.. ?hyi..ww?? S,i?, '. 126 any ordinance or ordinancoq as they may deem necessary or expedient not in conflict with this ordinance at any time it may ! seem necessary and some shall be binding upon the said Charles.,,, i H. Evans, H. A. Murphy and Samea H. Murphy, their associates or assigns. SECTION 7- As a condition precedent to the taking effect of this franchise after the some has been approved by the affirmative vote of the electors voting, the election to'be held i t t t i A as hexeinaf er men loned, he sa d Charles H. Zvans, H. . Murphy, and James H. Murphy, their-associates assigns or successors shall file and furnish with and to the Town Council a good and sufficient bond) in the sum of twenty--five Hundred ($2500.00) t, Dbllht,s; conditioned upon the building of said reilroad as .:' aforesaid within the time aforesaid, said bond to be conditioned ? °•. ,if said grantees are able to upon the building of said:•raod . secure franchise through any of the strdets or alleys for the 3 •t • •' ? + ' laying-of their railway in the cities of Saint Petersburg and Tarpon Springs Florida, within Three (3) months from date here- of, sold bond Qhall be in effect for the space of two years from the date thereof. SECTION S- The Town Council may revoke the railway ,.. franchise herein granted, if they so desire, if the said Charles H. Evans, H. A. Murphy and James HA Murphy, their associatea, assigns or successors, shall fail to carry out the provisions of this franchise in regardb to the Street railvray is 9 ? ` f + or :any part thereof upon giving-ninety days notice in writing . . a to the sPid Charles H. Evans, 11. A. Murphy end Tames 11. Murphy their' associates, assigns, or successors. y'. :•.;?=..: SECTION O- The Town Council may revoke the electric lighting franchise herein granted if they so desire, if the avid Charles H.' Evans, H. A. Murphy,, .and Jemee H. Murphy their associates, or assigns, or successors, shall' fail to carry nut the provis i'on" . ,." or this` electric lighting franchise . in r6p ards .to••the same, P ' Fi. 'i ' ' . ? : it f; ."<.f•t :' r4'_•f. ? '; '<',. ' t ' • E ?i, Y E4 <_.- - •f, •R.iF ?i +?-' 1..x,5• 't,•E?? ..• _ K -11 Ttt@lI' a?nv?:?u_4e?,?o?ienu ar.• c?uccusc?ars. SECTION 10 -This fronchis© shall be in full forco and effect upon the Town Gounail of the Town of Clearwater, or Its successors, subject never the less, to the condition herein ? named fox.- the period of time herein mentioned, if a ms j'ority of the voters voting in the election to be called and held` under the ordinances of said town, governing special election shall. cost their vote in favor of some, but if a ma orit of said Y electors should' cast their votes against this fronchise, then same shall be null and void. SECTION 11-- No person shall be elligable or entitled vote in said election who is not duly registered in the Town Registration Books, as required by law and who pays a pax upon ,;.,`r?: ; ,-•..,,:?r ? ' . , ' ' .• real property in the own 1 a rya r, he i le ?bich is `.f, ``: '""?;`Y:•.4.,' Town of C e r to the title t to v recorded in the office of the Clerk of the Cibouit Court of Pinellas or Hi laborough County Florift and said record' of said title showing-, same to be the parpyrvgting in said election. SECTION 12- All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, v Passed by the Town Council this 21st day of July, A.• D. 1934. 4'.. .,. ^ `. ? 1 .1'11 ? .i ?}.` •`???\ .,'. B. M. Caruthers, President of Council pro-tem. ATTEST: F R. T. Daniel own er ' 'F? atk,•.(l.fa''r,t° :''t ,. 'i `s.. .i;F':.:{:?, Approved by me this 21st day of July A. D 1914, ? J. H. Thomas ,? ,FSi 4{yji=17?,?.i?,.;:•11 ., .r ;'?., n8 Yar. :,? ,- 'r- ? ,.='r::r:•.;' ,yy,t. 'a?<<,,ii??$ ti 7: x.;4 ?:F.h •Eµi ,i, ?i!? .a '? -', ?-??`.. :je.l'': 3a. 4.^?•!' ? k yd' " •.' 1 . • .7'J'. `3..1 °.Y erl 9" i i';' . . ? 1 •.. 1 1, , i , : ? wt.??•?:+ Tv?'se ?:i.„:t`` , ,+! 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