The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-08-17
Published in EMPoRIA NEWS Aug. II, 1871
AN ORDINANCE.

AN ORDINANCE.
An ordinance granting to the Kansas
City, EmPOria and Southern r. r. Co.
the Right to Construct and Operate
g Railroad over and across certain
Streets and Alleys in the city OF Em-
pOrias Kansas.
Be 1t ordained By the Mayor and GounciEn.en
Of the city Of EDapOrid, KdHsds:
SECTION 1. That there is hereby granted
to the Kansas City, Emporia and Southern
Railroad Company, its successors and as
signs, the right of and authority to con-
struct and operate q railroad. at the same
grade as is established by the A, T. & 8. f.
X. h. Co, with necessary side tracks and
switches, over and across the following streets
ty. Kansas. to wit:-Commencing at q point
on the east side OF East street at point OPP
poSite the place where the same is intersected
Third avenue to a point where the same is in
tersected by West street, with the right and
privilege of commencing instead of as above
described, as follows, to-Wit AT any point
to be selected by said company on the east
side of East street north of where the same is
ming on . curved line in q northwesterly de
rection across the intervening streets and
alleys to some point upon said Third avenue.
TO be selected by said company east Of Cot
tOnwoOd street,
SEC. 2. That the rate of speed at which
sad d rsrad company Shal rim Its engines
six miles per hour; and that said company
shall put In and maintain good and sufficient
he crossed by the streets of said city.
SEC. g. That upon the said railroad COM
psny Ming with the City Clerk OF said cisy
OF this ordinance, its acceptance of the rights
hereby granted, the same shall become vested
and 1rreVocable In said company, its success
Ors asnd assigns, save and except as herein
SEC. l. That nothing herein contained shall
be construed as releasing upon the part of said
city any of the powers it may now have, or
which it would have had. If this ordinance
had not been passed. in rela ton to the con-
trolling of the operation Of railroads within
said limits of said city.
SEC. 8. This grant is made upon the fol:
lowing conditions: 1st-That sand railroad
company shall permanently locate its loci
freight and passenger depOG in said city, at
some point ON Third avenue, between the
west line or Mechanics street and the east
line of Aercb -nts street. 2d-That said rail-
road company shall build and permanently
right of way hereby granted through said
city. or en- its line east of said city, as shall
D within thirty S days from the passsge Of this
OF said city as the point where they desire the
same to be located: Prorieed, A0toeUer, tn
fail to procure or cause to be procured, at
least ten acres of land and denate the same
OF eaIss the same to be donated to the sad
machine shops thereon ut the poirs where
said Council may desire said machine shops
case, the said railroad company shall be az
liberty to permanently locate its machine
lying in one body, which shall not be distant
from the limits OF said city more than SAX
hundred and seventy five feet, which 1t NAV be
upon tile COMPLETION Of the construction of
said railroad, upon the right OF way hereby
granted to It, by said railroad company, its
X: K: Co. 70 lay third rail along its track
GRANGE to the K. C., e. q s. raiirosd, use and
occupy SAID track. upon its paying TO the said
Of the cost Of the construction q said track
within the limits Of said city. 4th-A failure |
and Southern railroad company. lis success
sorS ana assigns, 70 comply with any Of the
conditions in this ordinances contained, shall |
be deemed . forfeiture upon the part Of SAID
rights hereby granted. ProU:de1, tnaf in case
the provi.ions Of section Six Of this ordinance.
the said city may give ten days notice to said /
railroad company by service upOn its local
RaiEs desired by the said city to be made: ana
N cASe the SAID railroad company shall fal Il
said time, the said city may :. cause the ssme
% De made and the expense may be charged /
% the said railroad company. 1ts snccessoFs l
said railroad company within ten days AMER
notice Of the amount Of such expense il SerV-
g. 8 s. railroad company. sheir suoce A
naintalh tke general Ogices for their line Of
railroad and its branches within the coFpo-I
rate limits OF the said .cisy Of EmpoEls 50
,oon - the said railroad Commence ooerS-
Hon In running freight or passen ger trans.
SEC. D. That said railroad company. amer
putting down such track or tracks, on said
Third avenue, shall restore such portion Of
aid avenue as they shall 80 occupy, to such
condition - thas the eonssructt0n OF such
rack or tracks shall not In anyWise Obstruct |
y interfere with the tree use OF the crossing
q the insersectlng streets ~ public high
Eays; and said railroad company shah grade
md keep such portion of said 1hird aFenue
md other streets and alleys, as shall be cross
d BY said railroad, IN such Ion as the
lily Council Of the city OF Emporia shall
rom time 70 time direct and shall not allow
heir cars TO stand on any Of their tracks on
ny Of the street crossings at the intersection
With SAID railroad by streets OF avenues, for q 1
'eriOd Of longer than i've minutes.
SEC. Z. That ali ordinances or parts Of ord /
nancee in Sonafce with the pnovfsio0g Of thie
rdtnanes are hereby repealed.
SEQ. 8. That this ordinance shall take ef-
eet from and after It's publication in TaB
;APoRIA NEWs. 49,
Lttsst: 2. g. WATSON. Mayor.