63
ORDINANCE NO. 63
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An ordinance granting; unto the TDropa and West Coast Railway
Company, its succesnol'a, lessees, or assigns, the right, power
priviledge,and franchise to build, construct, own , maintain
and operate a street railway over, upon and along certain :treats
of the Town of Clearwater, County of Hillsborough State of
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Florida.
BE IT ORDAINED By THE TOrM COUNCIL OF THE TOWN OF
C LEARWATER . J!
SECTION , 1. That the right, power, privilegel::and-1 franchise
is hereby granted the Tampa and West Coast Railway Company, Ito ?:; '•' '' ? •., s. '' .`' .
successous, lessees, and assigns, to build, aonstruct•, own,
r maintain and operate a street railway with all necessary curves
' street intersection, eonnecti.ong, switches, turncouts, crosses,
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Yie: loops, poles, trolley, feeds, spans=and wires, egiiipmente
and other appliances, over in and along the streets in the town
t of Clearwater to be herein after designated, and to operate upon "
.,..such streets street railway cars and trucks in the manner and F
for the time, and upon the conditions, herein after specified.
Sec. 2. That the Tampa and Vlest Coast Railway Company, its
successors, lessee, and assigns, is hereby authorized to build, 3
construct, maintain, own and operate its spid system of street
xa3way, in, ovor, upon and along the following named streets and
avbhues of the 'own of Clearwater to-wit;
Commencing on Clevelandi Street at the eastern boundry of the
Town of Clearwater thence westerly along and over said Cleveland .
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-, Street to where the same crosses and intersects Ft. Harrison
from thence southward) over the said FtoDarrison Avenue
Avenue, Y ,
' to the intersection of said FtplJorrison Ave. with the south '
boundry of the Town of Cleangater.
Sec. 3. That thetsni.d Tampn and West Coast Railway Company '
its lessees, successors and assigns, are hereby authorized to
use-the streets and avenues above specified for the construction
and operation of a system of a street railway, and for the
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erection thereon of all necessary poles, moot arms trolley wires,
rails, and attachments necessary for tho,construction and
' operation of said system or said r,ailway, and for .the providing
of all necessary electric currant for the operation thereof.
Sec. 4. rrivilego is hereby given in so far as it is necessary
that the same should be done to the said Tampa and West Coast
Railway Company;'its lessee, successors and assigns, upon any
property which it may hereafter acquire, to erecX end maintain
I 8 poorer station, with all necessary machinery and appliances to
produce and supply all the electricity necesseryrfor the operation ,
of the said system of street railway, together with the right
to construct and maintain all the necessary wires and connections
for
to transmit said e1ectftd1tmj r :• the purpose of operating the
said railway, provided that the town shall have the power to
prescribe reasonable rules and regulsLions as to the location ;
and manner of construction of the said plant.
Sec, S. All tracks of said railway shall be laid to confbrm
to the grade of the streot on which said railway passe, and
shall be changed,- at the expense of the said Tampa and Vies t
Coast Railway Company, or its successorn,lessee and assigns,
and without any right or claim for damages against said town,
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4 by reaj9,dn of such change or grade to any grade hereafter
established by the town, and as near the center of the street
as practicable, unless otherwise ordered by the town aouncil.
Spe. 6. That the said Tamps and Viest Coast Railroad Company,
its sucnassor , lessee, end assigns, in the construction, f
maintenance, and repair of the street railway, shall use T rails
of the standard T pattern not less in weight than sixty p6unds
.` •':` ( to the yard, and the ?roadbedd shall be properly constructed' and
?i.ball.aatbd so as not to impair the said paving or other street
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,'. improvements.
Sec. 7. She space occupied by said railway of said street
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and avenue, whether impnoved or not, shall be at all tLres kept
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'by,, the company in good repair, and all crossing walks shall be
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maintained{ between :the tracka to corroopond with the walk
outside of the roils, and all'raila of nfild tracks shall be
laid tfine Ouch manner as to be of as little impediments,as practicaktle
to Va free and ordinary use of sold streets and avenues, and
to the passage of wagons, corriagea'and other vehicles upon and
across said tracks at any point, and in any and all tracks, and
with gutters at any and all necessary points, so as to permit
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the free flow of water flowing or accummulating upon said street
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or ovenue, and a't,/Ahid crossings or sold intersections where there
is no paving, the tracks shall be planked or otherwise
aonstructed so as to make safe hnd aonvenient crossings, for all
kinds of vehial.es as well as pedestuldns•, and such crossings shall
be maintained by said railway company, its successors, lesae@s+ ..
or assigns, in constant good repair.
Sec. 8. Whereever the town of Clearwater shall. pave or have
paved the street or avenue
of any pert or portion thereof,
which the said Temps and WestLCoost RAilwayk..Company, its successors, '
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lessees or assigns may have occupied as hereinafter mentioned,
the said railway company, its successors, lessees, or assigns, T
shall pave with a similar pavement at its pvm expense. the space
between the rails end a space not less two feet from the outer
edge of the rails on each street thereof and the space between all
switches and turn outs, which paving shall c.orreppond with that,`.•''
done or ordered by the said town, and shall be dene under the
.." supervision of the town or its representative. _'.
Sec. 9, The said railway company, its successors,'Jaseean
er assigns, shall not use steam as the motive power for the d
operation of its said system of railway as herein provided for,
within thb limits of the said town of Clearwater.
Sec. 10: Each car propelled along said railway shall be provided
`t with a gong or bell and fenders, and also with suitable heod-
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Sec. 11. Before any car or vnrs shall be propelled across
the trucks of said steam railroad', It shall be the duty of the
conductor or person in charge of said car or cars, or someone
acting for said company, to go on those tracks of such rail-
road crossing and ascertain that no engine or corn are approathirg
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to endanger the passengers in such sold cars, before said cans
shall, be permitted to go upon said railwayu troclcs.
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Sec. 12. The rights, privileges, concession and franchi'se+herdiln
granted shall be in.full force and effect for a period of thirty
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years from the date this ordinance goes into effect, and at the ;
expiration of said period, the said town sliall have the right
to purchase said railway, together with all machinery and equipment „
used in connection there?;jtJ7, situated within the limits of the
town of Clearwater, the valuation to be fixed by arbitration, as
provided by low.
Sec. 13. In case the said Temps and Viest'Coost Railway
,Company, its successors, lessees, or+;6Raigns, fail to do any of the
work required of them in the way of said construction, improving r
or repairing, cleaning or removing all obstructions, the said °
town council shall have the right to do such work at a reasonable
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cost at the expense of said railway company after reasonable lr
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' notice is given them to do the same. Such notice may be gl'ven <,.
by serving a written notice and by delivering a oropy thereof to
any agent or officer of cold railway bompany.
Sec. 14. The said Tampa and West 006bt:DPail.wsy Company, its
successore, l.esnees, or assigns, shall transport on said railway i
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free of charge witblin the town limits upon all cars, All dity ,
pb?icemen and members of the fire department when an duty and in
uniform. ' ,
Sec. 15. The said Tampa and West Coast Railway Company,
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its successors lessees. or assigns, are haieb
' Y g1ven the right
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power, privilege,and franchise to use electricity
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motors', or any -other motive power now known or hereafter di'seovered,
except steam,, for the operation of its cars, as a railroad for k,.;,: '° Y '
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purpose of transportation for pnsuongors, bnrg;ngo, freight,
axpress matter ai;d United Staten mail, over and on said C.levolond
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stroot, and Tort Harrison avenue.
S04e.3.7. The cost of the printingl-of this ordinance shall be
paid by the Vamps and West Coast Railway Company.
Sec, 16. This franchise shall not take effect, nor shall
the franchise herein provided for beorome vested in the said
Tampa and Viest Coast Hallway Company, its successors, lessees,
or assigns shall begin the construction of the system of railway
herV-1provided for within eighteen months next after the approval
of this ordinance by the mayor of the said town, and the oompletion
of one mile of said railway track on said streets in the said
town within ninety days after the o-onstruction theroof shall
have been begun.
Passed by the town CSounc-11 of the toft of Clearwater on this
the 2nd day April, A. D. 1907„ ;
C. P. Starr,
Attest: President Town Council.
E. H. Eubanks, Town Clerk. (Seal)
Approved byrme this 2nd day of April., A. D., 1. 907.
Leroy Srandbn,
Mayor of the town of Clearwater, Fla.
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