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156 •• .' t?. mow.-.._. . ...__. ?. ... ..•..... .. ._ .. .. .. ... .. ..., off. ..'y< ? .. 235 r 0, OrMINAIJU 110. 156 OF TILE CITY OF CLLARYtfATER, FLORIDA. AN 00)INANCE TO BE MITITLIM "All OIiDII1ANCE TO GRANT TO ! E. W. PARKER IL14D IIIS ASSOCIA`1'LeS, SUCCESSORS AND ASSIGNS, as AS INDIVIDUALS 013 AS A 130DY CORPOIil1TE, A PRIVILEGE, LICENSE OR FRANCHISE TO CONSTRUCT, iril?IIr''Alld A1iD OPlaWLTE A TOLL 4 BRIDGE; FHOLI THE FOOT OF SE141NOLE STREET II1 THE CITY OF CLBAhV1ATEH, ACROSS AIM OVER THE WATERS OF CLE'AIVIATER BAY TO ISLAFID PARK OR OTHER TER1.11NAL IVHICH 14AY BE AG UIREO ON CL"EARWATER KEY; AND TO 0011STRUCTO MAINTAIN AND OPERATE OVER, ! UPON, ACROSS AND THROUGH CLI?TAIP1 STREETS, AVENUES, AND PARKS OF TIT CITY, A STREET RAIIX7AY OR IcAILEOAD, AND TO PROVIDE FOR THE HOLD114G OF AN ELF,CTIC11 TO VO'L'E UPON THE RATIFICATION OR REJECTION CF SAID FRANOHISE. i BE IT ORDAINIM BY THE CITY COUNCIL OF THE CITY OF CLEARWATER : Section 1. That the City of Clearwater, Florida, herein- after called the GRANTOR, does give and grant unto E. We . Parker, his associates, successors and assigns, as individuals or as a body corporate, hereinafter called the GRANTEES, a I' right, privilege, license and franchise to build, construct, s' maintain and operate on, over and through the entire length of Seminole Street to the Eastern limits of the City of Clearwater and Greenwood Avenue from Seminole Street to Drew Street, and over and across the City Park Ialown as Island Parr a street railway or railroad track, and operated thereon engines and cars propelled by electricity, gas, or other motive power except steam, and to construct, maintain and operate a toll bridge from the West end of said Seminole Street, across and over the waters of Clearwater Harbor to and across Island Part; or other terminal on Clearwater Key which may be acquired and to construct, maintain and operate thereon a railroad or railway ?.:,i1` ti?y??.f.. .r.T?FSrti' - - '•`.'-i:4•`:.: 1 I. a'l'b. .,, ??' :,~?• ... =1- s ,1'f'• ,ii.'' ?.5-- .-t4' - v !`its S• .-P, 1 4 F , i':''?%t'1 !fir Aiii?A tt 6V I track, and to operate thereon engines and cars propelled r ; by electricity, gas, or other motive power except steam. Section 2. That the said Grantees, in consideration of the terms of this ordinance and their compliance ;here with and of all, reasonable ordinances passed in pursuance, thereof, are hereby given and granted a full and complete Franchise and concession over, through and upon each and r: every of the aforesaid streets and Park, and over the ? . f waters of said Bay within the corporate limits of the City, ,... ' for the purposes aforesaid, for the full. 'statu :ory period..of 4 thirty years from the date of the publication of thin or- .t- dinance; provided that the said Grantees shall forfeit all rights and privileges granted under this franchise to any street, part of street or park, and to any concession over ;..f ?. the esters with-In the City Limits which is not occupied and used by the said Grantees for the purposes herein expressed , unless they shall have commenced the construction of said street railway or railroad tracks and bridge within twelve ? months from the date of the passage of this ordinance and shall have completed the eanie within twelve months from the date of the commencement of viork thereon. Section 3. That all tracks shall be laid to conform to the grade of the streets and in such manner as not to :. . •' impair the usefulness of the streets as public thorough fares for the passage of other vehiclos; and in case the said d Grantor shall alter or change the grade of any street, the .i. ' ; said Grantees shall be required to cause any tracks construct- ' ed by them upon such streets to be made to conform to the established grade of the streets, without any expense to the ; said Grantor. That when there is to be paved any street or'. part of street upon which the tracks of the said Grantees may be, the said- Grantees shall pave between their tracks :... .wow 4 a • t - 5 - 237 and for two feet on either side of the tracks with the i same material as that used in paving the balance of the street, and the said Grantees shall k©op the steno in good repair. That when the said Grantees shall construct, change or repair a track on any street or part of street, at such time already paved, they shall at their own expense relay the paving taken up in the space between the rails and tracks and on each side thereof, so as to conform to the established grade, and shall make the needed repairs with the same kind and grade of material as that used in paving, and shall put such street in all respects in as good condition for use by vehicles as it vias before the work was done. Section 4. That said Grantees shall place and main- tain gates or guards at such intersections of its tracks with street crossings as may be required by the said '. Grantor. Section 5. That the locating and placing of tracks, - r, ikk crossings and approaches, the placing of all poles for carry- ing feed wires, electric light and power wires, the laying of underground wires and locating of manholes, and all other construction shall be under the supervision and direction of the said Grantor. it is expressly understood to be the primary consideration of the granting and of the continuance of the franchises, rights, and privileges hereby granted that the said Grantees shall at all times and in all respects give to the inhabitants of the City of Clearwater a thoroughly first-class and up-to-date construction, equipmerit,operation and service, and that they shall be subject to all reasonable ordinances and regulations which the said Grantor may from time to time impose, not in conflict with the terms of this ordinance . ,, 1. •„J J • '' . ??; S r ?.';, ';' , a ').` y Section 6. That nothing herein contained shall be ' so construded as to render the said Grantor in any wise liable to any person, firm or corporation for damages suffered by reason of the improper construction, erection i or maintenance of any pole, wire, railway, side-track, switch, branch, bridge, or any other structure or thing constructed, used, maintained or operated by said Gran- tees, their successors or assigns, or for damages suf- . fored by reason of any default or act of commission or " . omission of the said Grantees, their associates, success- '. ors or assigns, officers, agents or employees; and the : said Grantees, their successors and assigns, shall for- ever save and hold harmless the said Grantor for damages and suits for damages grooving out of the improper erection, construction, maintenance or operation of any pole, wire, bridge, railway, side-track, branch, or other thing created, constructed, maintained, used or operated by the said Grantees, they successors or assigns, their . ".. officers, agents or employees, or in any way attributable to the duing by them in any improper manner, or their failure to do in a proper manner, anything they may do or leave undone; and that the said Grantees, their successors or assigns, shall pay to the said Grantor the amount of any' judgment recovered against the said Grantor by reason of ?a. anything done or left undone by -the said Grantees, their successors or assigns, their officers, agents or em- ployees; provided, that said Grantees, their successors or assigns, shall be notified to defend such suit against . '..' :... said Grantor. Section 7. That should the said Grantees at any ,_,:•.,: .. • time remove, or, cause to be removed any track or tracks, When once laid and :used for street railway or railroad ` : , : 239. f .; E - 5 - purposes upon any street or part of otroet in the City of Clearviater, such action shall, under the torms of thin franchise, operate as a forfeiture of all rights over any street or part of street from which the track shall have been so removed, unless permission to remove any such track shall first have been given by the said Grantor; provided, also that after the said Grantees, their successors or assigns, shall have once laid and used any track upon any of the streets of said City for street railway or railroad purposes, they shall thereafter maintain a reasonable ached- . ule for the operation of its cars. And, if after the be- ginning of the operation of cars on any such street rail- " .3 way or railroad lines, or any part thereof, the said Gran- tees, their successors or assigns, shall fail to operate, care on such line or part of line for the accommodation of passengers for a period of thirty days, from any cause with» in the control of said Grantees, their successors or assigns, then the said Grantor shall., at its option, after thirty days' notice, in writing, to the said Grantees, their successors or assigns, requiring the said Grantees, their successors or assigns, within ninety days after the re- ceipt of such notice from the Grantor of its intention to revoke the franchise for the use of such street or part of street upon which such non-used tracks may be laid, shall remove all tracks, poles and apparatus of such street rail- way from said streets and place said streets in as good condition as they were before removal of said apparatus; and in case the said Grantees, their successors or assigns { shall fail or refuse to so remove said tracks, poles and `"jk17. other apparatus and replace the said streets in as {;cod ?5 ".{rr' °'? s=y condition as the were before such removal then the said M traalrs,, ,.poles, wires, apparatus, and each and' every part A. hid . .s_• %" , •FL ,l{ 1 • I•{ ' I,;-Lta?.ot:: .7a.: x,x .. . f , 4 •3 ' ' ' '1a.4 ^^???[,• ? ., FAA fli: , I? thereof, shall bocosno the property of the Grantor, with- ' ; out liability for the coat thereof or suit for damages 1 ' therefor. Section B. That the cars upon said street rail- gr t # ay or railroad lines ahra11 have the right of way in and over its tracks, turnouts and switches Jai the streets herein mentioned to the exclusion of all teams and •I E. vehicles, except fire apparatus in the cane of fire; and , any person who shall wilfully obstruct such tracks or ,F part of tracks in such street, or otherwise wilfully re- tard the progress of said cars, after due notice by the car bell or other proper signal, shall. be punished by fine not exceeding; Ten Dollars (10.00), or by imprisonment not exceed- ing ten (10) days. Section 9. That the said Grantor hereby gives, grants and confirms the franchises, rights and privileges herein set forth, upon the conditions and terms herein, mentioned, i to the said Grantees for the full period of thirty t yoarv ? t ' from the date hereof, reserving the right and requiring the said Grantees, as a condition precedent to the taking effect of the said grants, to give and grant to the said Grantor I_ the right, at and after the expiration of thirty years from ? the date hereof, to purchase the street railway or railroad f and said toll bridge, and any other property used under or in connection with the franchises and rights hereby granted, or such part of said property as the said Grantor may de-- sire to purchase, in accordance with and to the full extent of' the provisions of the existing l.avis of the State of Flo- rida in such cases provided. ...Se . ation 10. That this ordinance giving and granting the said rights, franchises and privileges herein mentioned shall';.not. become effective until it shall' h'ave' been rrtified F .r: 910 .?.; l . X_r a tcc? 3 f•7-'' ?' l«? ?•.t:.Pt.2+F.s•?'?? ?4•v :,x.1`:7 "•'. ''?''??.'? and conf irsned by a majority vote of the electors vot- ing at a special election to be held for that purpose, 6s-her6in provided for, and until it shall have been accepted, in writing, by the said Grantees. Section 11• Po it further ordained that the Mayor is hereby authorized and directed to call a special elect-- tion, to be held in the City 1:all on the 13th day of July, A. D. 1915, to be participated in only by the qualified electors of the City who are tax--payers therein; and the said election shall be held and conducted in the manner now provided by ordinance for the holding of elections. Section 12. That at the said election the City Clerk shall cause to be furnished ballots in substantial- ly the folloviing form, to-wit: OFFICIAL BALLOT. SPECIAL ELECTION, CITY OF CLEARI'IATER, JULY , A• D. 1915, {Make a cross mark (x) before proposition iu favor of granting franchise if you favor the same; make a cross mark (x) before proposition against granting franchise if you oppose the scone. ) For ratification and confirmation of Ordinance no. 156 granting franchise to E. VI. Parker and asso-• Y For ratification and confirmation of Ordinance no. 156 granting franchise to E. W. Parker and a?stso- Section 13. That the City Council shall canvass the returns of said election and declare the results ,'tliereof; and if a' inajority of the voters voting at said election . -.eha13. hava: voted.. in favor..of granting the •eaid franchise, wr, .r • ' . . .. .. .. .. ' Yom, a a 242 w 6 .. f i this ordinance shall become immediately offeativo; other- ? wise., It shall be null and void. ? Passed by the City !Council of tho City of Clearwater, :..: Florida$ this 23rd day of June, A. D. 1915. t #? J. R. THOMAS President,, My Counoile ATTEST: He T, DANIEL City Clerk. Approved by me this 23 day of June, A. D. 1915. YFOMS. Mayor :, _, 'J. lip j •f ?' ?:`,, , f ? r !! _ .sp.'.4 ?-:.fir ' ,•. i:Y. r:'+! •i. •?fk'?5;?-:t, af•4"•`?.?}r•'?!*+?frit,''" .. - , _?+. ;1;, _,i s: -s'1 F:,:{,,,. ., k .x rs'i. 'ice' - ?•yC: .rr'.. ?.' t y ,?'y _ •E:, • j ?.: : K-'' It i. h .i !"' _.,. . ?. . f-.a •'"£;l..r . qty „ ,Y? ,