The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1892-04-02
City Ordinance No. 474.


Ar ordinance to prescribe the IL
cation and grade of the track Of til
ST. Losis, Cape GirardeaH and For
Smith Railway along Frent street o
fhe Wharf from Aeuamsi to 4 poin
opposite the UEisn Mills, and 10 coin
promise the suits nsw pending be
tween the City of Cape Girardeau IN
the said st. Louis, Cape Girafdes
and Fert Smith Railwa! Comps!
concerning the track OF said confpan
now laid along said Front street o
Whsrf.
Be it ordained BY the Mayor an,
Council of Che City Of Cape Girardea1
as follows:
SECTION I. That the st. Loui.
Cape Girardeau and Fort Smith Rail
way Company, formerly the Cap
Girardeau Railway Company, havinl
by virtue OF a certain lease entered
into between it aud the City of Cap
Girardean, dated Sept. 1880, the RICH
and privilege to lay, construct ant
operate a single track of rsilwa,
along Front street Of the Wharf from
that space on the city map designated
as Aquamsi to the northern limits 9
said city, under the direction of thu
Mayor and City Council, shall locate
construct and op,rate said railway
track along said space on the follow,
ing described line and grade, the lint
being the center line of said TRACK
and the grade being the elevation o.
the crown of the rail to wit: begin il
the center of the track as now con
structcd along Front street or Wharf
at il, intersection with the eastward
extension of the south line of Themis
street. the same being about forty feet
eastward from the northeast corner
of Block one, in Range G, and ruiz
tangent southwark to a point thirty
feet eastward from the southeast
corner ofsaid block one, in Range Gas
represented upon the city map and
thence curying right to the space
known as Aquamsi, but in no event
to invade the space reserved in said
lease as d street Off The west side of
Aquamsi: and the grade line shall
start at the elevation of the crown of
the rail of the track as now construct.
ed at the said intersection with the
eastward extension of tue south line
of Themis street, and run TO the ele-
Walton of the crown of the rail of the
track as now constructed along said
Aquamsi at a point opposite the
mouth of Merriwether street, but said
grade line shall be dropped ono foot
opposite the mouth of Independence
street.
SECTION II. That all that part of
said rail way now constructed north
ward along said Front street or
Wharf from the extension eastward
of the south line of Themis street,
and all that part to be constructed
southwark from said eastward exten-
sion of the south line OF Themis street
to the space known as Aquamsi, on
the line and grade as provided in
section one, shall be taken and deemed
as done under the direction of the
Ma, or and City Council as provided
Tor in said lease referred to in section
one, and said railway may hold and
operate the same under the restriction
contained in and until the termina-
ton of any renewal thereof.
SECTION LII. That the said st.
Louis, Cape Girsrdeau and Fort
Smith Railway Company shall con-
struct its cmbankment of either earth
or stone and maintain the same on
the line designated in section one of
this ordinance and remove the same
from its present location to said line
within fifteen (15) months from the
first day of April, 1892. And said
Railway Company is hereby prohibit
ed from removing any earth from the
space between the proposed line set
out in said section one, and indie
pcndence aud Themis streets west Of
said proposed line and east of lot lines
in Block one III Range G.. And the
City of Cape Girardcau shall con-
siruct a paved, macadamized or gravel
street Oh that portion not already
built, between the west side of said
rilway track and the curbstone line
designated, or 10 be designated, east
of Block one in Range T.; and said
street shall be finished within six (6l
months after the removal of the track
of said Railway Company to the line
designated in section one OF this crdi-
SECTION ". That the injunction
suits now pending in the Circuit
Court of Madison County between
said City of Cape Girardeau and said
81. Louis. Cape Girardeau and Fort
smith Railway Company shall be dis
missed, that is to say, the said railway
company as plaintiff in its suit against
said city shall dismiss its said suit
and pay all costs properly taxable
against it by reason of such dismissal
but shall not be called upon by said
city to respond for damages and said
company is hereby discharged from
same; and said city shall withdraw its
motion for a new trial, in its suit as
plaintiff against said railway company,
and rcscind any action it may have
taken for an appeal and shall prose-
cute no appeal IN said suit which has
been decided adverse to il in said
court and shall pay all cost properly
taxable against it and shall be fully
discharged by said company from all
claim for damages on account OF or
growing out of said suit.
SECTION V. All ordinances con-
tlicting herewith arc hereby repealed.
SECTION VI. This ordinance shall
be of ne force or effect unless the
said ST. Louis, Cape Girardeau and
Fort Smith Railway shall within three
days after its passage and approval
by the Mayor file with the City Regis
ter its acceptance of the terms of the
same and agree TO carry it into full
effect.
SECTION VII. This ordinance to
be In full force and effect from and
after its passage.
Approved this 18th day of March,
1892.
~ HARLAN P. PEIRoSNET,
: SEAL Mayor.
~
Attest: GEO. E. CuAPPELL.
City Register.