Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-06-26

Attn called Meeting of the Mayor and Com
mon Council of the City of Memphis on Tues
I day, June IS. 1872; Present. Hon; John John
= Robbins. Hewitt, Steinkuhl Gibson. Norton
, Droescher, Halstead, Harvey. White, DickeI
son, Gennett, Schabel, Reeder and Smith
onorum being announced the Presiden
took his seat and called the members presen
| TO order and had the roll of Councilmen called
when the object of the meeting was Explains
, nv the presentati0n of message nom Ill
Honor the Mayor.
MAYORS MESSAGE.
MEMPHIS, TENN, June %, 1872.
To the Honorable the General Council Of thu
II CITY of Memphis: W. t'is
GExrLEMEY--At your last regular meeting OF
the petition Of the Memphis and Padncaf
Railroad Company praying for the privilege
from the city of extending or running theil
railroad track from Auction street through thu
city nayy-yard ground TO Market street, thence
along Fulton street 10 Center Landing, where
they desire to erect temporary depot, .youi
Joint Council and Board of Aldermen Railroad
Committee reported that the prayer of the pc
titioners be granted. and that proper restric;;
tions be placed in the contract with the SAID
road so they will not in any way interfere with
the grounds set apart for the general Union
depot.
The railroad company being anxious that
/ their sta. ting point might be definitely liked
by contract with the city. as suggested IN
the report Of the committee. q contract has
been prepared, which Is herewith submitted
for your action. for such purpose, and to take
1 into consideration such other business as may
properIy be brought before you. this meeting
has been called. JOHN JOHNSON,
Read, received and adopted by Council June
toncurred in by Board of Aldermen June
Is. 1872.
CONTRACT MEMPHIS AND PADUcAH RAILROAD.
This contract between the city Of Memphis
and the Paducah and Memphis Railroad Com
pany. made this 18th day of June. lsI2' wit
i. That the city of Memphis. for the purpose
| of facilitating the construction and operation
| of the Paducah and Memphis Railroad Com
pany, hereby grants to the said railroad com m
pany the right to lay down and maintain Tor
| the period Of FIVE years from this date, their
| main track along Fulton street southwark from
| Auction street to the intersection OF Fulton
| and Market streets, thence sonthward across
| Market street TO Promenade. thence with the
| center line of Promenade street across Ex-
change and Poplar streets to the north line OF
| Washington street, and the right to lay sid :
| ing in Promenade street along the west side oil
| said main track.
2. And the city of Memphis also grants to
| said railroad company the right to erect tenn
porary wooden building on Center Landing
| measuring fifty feet BY two hundred and nifty
| feet, on the west side of said siding. adjacent
! to lie north line Of Washington street; the said
| building to have platforms ten feet wide along
| its east and west fronts. and have platform
| seventy feet wide extending from the north
| end of the building to. or near TO-, the south
| line Of Poplar street, and not to include or in
| terfere with the passage of either Poplar or
| Washington streets, or of any other street or
streets, or the use by the public OF the said
streets or other streets. 4VE q f
! 8. The said Paducah and Memphis Railroad
| Company is to keep all the grounds and prem
| ises occupied by it free from all manner of
nuisance and in suitable repair, and is to do
| all the work and make all the improvements
that are or may become necessary either upon
Center Landing, or upon any other portion oil
| the said premises occupied, in order TO the
proper use Of the said premises and every part
| thereof, but is not to change the grades OF any
street or public grounds without previous con-
| sent of the General Council, and the city Of
| Memphis is not to be called on to make any
expenditure, or do any work thereon. or ON
| account thereof. and the said railroad COM
| pany is to pay all damages it or its agents or
employees may occasion TO persons. or TO prl-
vate property, aud is to indemnify and save
| the city OF Memphis harmless from and against
| all losses of every description, and all claims
| and damages occasioned. either directly or in
directly, or to accrue against or result TO the
city from or on account of the privileges here
BY granted, or the exercise of the same. or the
occupation of the said premises by the SAID
railroad company, or any one under us au-
thority. or permission, OF by ITS use OF the
A. The privileges herein granted to said rail-
road company Of occupying Center Landing is
TO terminate and cease at the end OF hYe years
from the date hereof.
5. And il being the true intentand meaning
and purpose of this contract to grant the Pa
ducah and Memphis Railroad Company only
such privileges as are herein set forth, ii is cX
pressiy agreed and understood by both parties
TO this contract, that the city shall, in no way
or manner, be liable for any cost or expense
for any permanent Improvement that the said
railroad company, or others for it,. may place
on the said premises or any part thereof, but
is to hold and possess, free OF expense, cost or
charge such improvements as cannot be re-
moved without injury or detriment to property
or the premises herein granted.
g. The said railroad company, at the end of
FIVE years, is 10 remove from the said premises,
to-wit: Fulton street and Center Landing. any
and an improvements il has placed thereon.
that are capable Of being removed without in
Jury 10 property or the premises. but shall, on
account Of revocation or ceasing Of the priv
ileges, or a removal Of improvements. have
no claim whatever against the city of Mem
phis for damages or otherwise.
Z. chs city of Memphis does not grant away
any Of its police powers In respect TO the said
granted premises. nor any Of its general pow
ers Of legislation, nor does II grant any inter-
est in the soil. but only the privileges herein
before specifically enumerated, and those only
upon the condition and with the limitations
hereinbefore prescribed in this contract.
D.. Ana the FaQuc1n anu mclnpuis n1liTOhQ
Company hereby binds and obligates itself TO
keep and perform every provision and stlpula-
ton Of this contract. by IL TO be kept aud per-
formed according TO its true intent and mean
ing; and the said railroad company hereby
consents and agrees that the city Of Memphis
shall have and retain lien upon each and all
the Improvements Of every character that il
may place upon the said premises or any part
Of the same. as a securely for its performance
Of the several stipulatiOns herein contained 20
he mar AL n a n
any damages that may accrue 70 the city, and
for any sum that may become due to the city
By the terms Of this contract.
g. The parties hereto mutually agree that
the Paducah and Memphis Railroad Company
acquires and accepts just such rights to use
the granted premises, and TO exercise the
privileges granted, a. the city Of Menphis has
the right and power under its charter, and by
law 10 grant, and none other.
10: And the city Of Memphis Is not to be
liable or responsible in any way, or for any
sum whatever, or on account OF, or In conse-
quenee Of, or deficit Of. power Of authority
in its municipal government 70 make this
grant; but the Paducah and Memphis Rail-
road Company assnmeS the risk Of such want
Of power Or defect In the municipal govern
ment.
II. And the said railroad company agrees
and undertakes to defend. on its own account
and az IL own expense. any and all SUITE that
may be brought ~ set aside. either wholly OF
10 part, this grants and agrees that 4 will in
demnlty and save harmless the cityO memphis
from and against any and all damages and
losses 10 accrue to Il By reason Of the said
suits, or the judgments or DEGREES that may be
pronounced IN them; and the said railroad
company hereby assumes and agrees 70 bear
and pay all such Losses and damages Itself
IL. In constructing Its tracks and other i'm
provements. and In doing whatever the Padu-
cab and Memphis Railroad Company may do,
or may have done. under the permission here
inbeiore given. ii shall conform 10 the grades
established by the city, and. before laying its
tracks or making other improvements, Il shall
apply 10 the City Engineer and obtain from
him the proper grades.
j. And the city Of Memphis hereby re-
serves the right ut any time IL may see pIoner