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The Truman Area Community Network
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Be it ordained by the Council of the city of Clinton, Missouri as follows:
Sec. 1. That the Clinton Stteet Railway Company, a corporation duly incorporated under the laws of the State of Missouri, is successors and assigns, are herby authorized to operate and maintain a street railway over anbd upon the streets, alleys, avenues and public grounds of the city of Clinton, Henry County, Missouri, subject to the limitation herinafter or by law provided.
Sec. 2. The rights and privileges herin granted shall continue for a period of thirty (30) years, provided,the said Clinton Street Railway Company shall not claim or hold an exclusive right on any street or part thereof, except such as actually occupied by its tracks, and they shall not exclude any coproration to equal privileges for a distance of not exceeding three blocks.
Sec.3. The location of said street railway shall be as follows:
Beginning at or near the Kansas City and Southern Railway depot, in said city of Clinton, Missouri, and from thence running in a southwesterly direction to the north end of Fifth Street, thence south on Fifth Street to Franklin Street, thence west on Franklin Street to Washington Street, thence south on Washington Street to Ohio Street, thence west on Ohio Street to Orchard Avenue, thence south on Orchard Avenue to Allen Street, thence west on Allen Street to McLane Avenue, thence south on McClane Avenue to the center of the Kansas City Clinton and Springfield Railway, thence southwestly-west and northwest to Allen Street, thence west on Allen Street to the city limits, thence south on the most practicable route through the Artesian Park to the northwest corner of the northeast quarter of the southwest quarter of Section No. 10, township No. 41, Range No. 26, thence east to Artesian Avenue, thence along Artesian Avenue to intersect the line of said street railway on Artesian Avenue near the Kansas City Clinton and Springfield railway.
Sec. 4. Said street railway shall be constructed out of first-class material, with turnouts or switches, at every alternate block, if so desired by said company, and if not, then for each fourth block, commencing with the block on Fifth Street lying north of Pine Street, or at the option of the company, each eight block commencing as above.
Sec. 5. The tracks, switches, turn-outs, and turn-tables of said street railway shall be constructed and maintained as not to interfere with the ordinary public use of the streets any further or to any greater extentthan is incident and unavoidable to such tracks, switches, turn-outs, and turn-tables as constructed and maintained in other like cities, and the rail shall be what is known as the "flat" rail.
The said street railway company shall keep the space between and for twelve inches on either side of the tracks of said railway, including the switches, and turn-outs, on the same line as the regular grade of the streets, and shall keep the space between and for twelve inches on either side of said tracks, switches, and turn-outs in good repair and condition, and shall pave or macadamize between the rails of their said line whenever the street outside of the said rails is paved or macadamized, and with the same material. The corporation shall at all times be under the control of the council of the city of Clinton, as to changing the grade of any street over which they pass, and shall change the grade of their roadbed to conform with the same, without cost of the city, when such improvement is for the benefit of the city. If the said street railway company find it necessary to construct or grade any street upon the route within the limits of the city, the grade shall not be less than twenty-fice (25) feet wide, or wide enough to allow a wagon to pass on either side of the track. The track shall be laid to a width of not less than four feet.
Sec. 6. The motive power of the said street railway shall be horse, cable, or electric, as said company may elect, and may at any time be changed, by the said company or its successors.
Sec. 7. Work shall begin on said street railway within thirty (30) daysfrom the date when this ordinance shall take effect and be in force as follows:
Commencing at the west side of the right of way of the Missouri, Kansas and Texas railway on Franklin stret, in said city of Clinton, to the city limits in Allen Street, shall be completed within six (6) months from the granting of this franchise. From the city limits on Allen Street south through the Artesian Park and thence east to Artesian Avenue and thence along Artesian Avenue to intersect the line on Artesian Avenue. near the Kansas City Clinton and Springfield railway shall be completed within two years from the date hereof, or this part of the franchise sdhall be forfeited.
From the west side of the right of way of the Missouri, Kansas & Texas railway on Franklin streets to a point at or near the Kansas City & Southern railway depot in said city of Clinton, Missouri shall be completed within three(3) years from the date herof, or this franchise shall be forfeit, provided further, that if the construction of such railway is obstructed by litigation, then this limitation shall not run, pending such litigation. Said Street Railway company may use what is known as "T" on its line south from the city limits on Allen street, but the same shall be changed to "flat" rail when required by the council of the city of Clintonupon macadamizing of any of said streets.
Sec. 8. No persons shall have a right to drive a vehicle on the tracks of the said street railway within 100 feet of any street car that is going in the sasme direction as such vehicle,or within 200 feet from snay street car that is going in the opposite direction from such vehicle.
Sec. 9. The sdaid Street Railway company shall operate its said lines after the completion of the said road, during each working day of then year, and shall run at least four round trips per day, except in inclement weather in winter.
Sec. 10. The Clinton Street Railway Company shall have the right to charge and collect from each passenger riding on its cars a fare of not more than five(5) cents for each passenger one way, on any one of its lines of its said street railway, and shall carry the city police free when on duty.
Sec. 11. Nothing in this ordinance shall be held or construed to interfere with the right of the city at any and all times to lay water pipes and construct sewers and drains in and along any of said streets, and make other necessary improvements therein.
Sec. 12. The city reserves the right to levy a license tax on the cars of the said railway company and the amount thereof may be changed from time to time, as the public good requires.
Sec. 13. The Clinton Streeet Railway Company shall now allow material or excavation to remain in any street so as to obstruct ordinary travel or do injury to the public, but shall have reasonable use of the streets for construction and shall not have any claim upon the city for removal of snow and ice from its tracks or trams, or the space between them. Said company shall have the right to take from the ditches upon each side of the streets along their line for the purpose of filling in their track, provided that by so doing nominjury is done to the drainage or grade of the street.
Sec. 14. The track of said wailway company shall be laid in the centre of the street as near as practicalbe, except on the public square, where it shalkl not be less than 18 feet from the curb.
Sec. 15. Said Street Railway company shall cause all theirm cars to come to a full stop before crossing any railroad track and shall not attempt to cross any railroad track until it is dicovered that there is no train withing 300 feet of such crossing.
Sec. 15. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
Sec. 17. This ordinance shall take effect and be in force from and after its passage.
Read a third time and passed July 18, 1888
JNO. H. BRITTS
President of the Council
Approved July 19, 1888
JNO. H. BRITTS, Mayor
Attest, A. HAYNIE, City Clerk
State of Missouri
Henry County
I, A. Haynie, City Clerk of the city of Clinton, in this county, in the state aforesaid, do do certify that the foregoing ordinance was passed after the third reading, on a call of the roll ???? on the 18th day of July, A.D. 1888