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HomeMy WebLinkAbout00550ORDINANCE NO. 550 AN ORDINANCE defining certain rights of the Pueblo Traction and Electric Co. and granting to said company the rights of way along and across certain streets in the City of Pueblo, State of Colorado. WHEREAS the Pueblo Electric Street Railway Company as successor by recognition of the Pueblo City Railway Company, is entitled to exercise and enjoy ail of the rights, privileges and franchises granted, conferred or purporting or intended to be granted or conferred by certain Ordinances of the City of Pueblo as follows: No. 218 passed and approved Jan. 13, 1890 No. 256 passed and approved July 28, 1890 No, 266 passed and approved Sept. 29, 1890 No. 270 passed and approved Oct. 6, 1890 No. 276 passed and approved Dec. 1, 1890 And also certain Ordinances approved and passed by the former town of Bessemer (now a part of the consolidated City of Pueblo), as follows: No. 34 passed and approved April 9, 1890; and No. 42 passed and approved Sept. 2, 1890, each aid all of the said Ordinances having been regularly and in due form enacted and the use of the streets hereinafter mentioned granted upon the written consent of the owners of the land representing more than one —half of the frontage of such streets as provided by law and WHEREAS, The Pueblo Electric Street Railway Co. has assigned and transferred, or is about to assign and transfer all of its property, rights, privileges aid franchises to the Pueblo Traction and Electric Company, a corporation duly organized and existing by virtue of the laws of the State of Colorado; NOW, THEREFOR, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PUEBLO: Section 1. The Pueblo Traction and Electric Company, its successors and assigns, as successor in interest to the Pueblo Electric Street Railway Company, shall have the use and enjoyment of all the rights, privileges, immunities and franchises of the Pueblo Electric Street Railway Company, granted, conferred or intended or purporting to be granted or conferred by the Ordinance herein above specified or enumerated and the transfer and assignment of the same by the Pueblo Electric Street Railway Company to the Pueblo Traction and Electric Company is hereby ratified, approved, confirmed and recognized as in full force for the use and benefit of the Pueblo Traction and Electric Company. Section 2. And it is hereby declared and ordained that the Pueblo Traction and Electric Co., its successors and assigns, is hereby granted the right of way and all suitable incidental, and appropriate franchises and privileges, to maintain and operate by electricity a system of street railways for the transportation of passengers over, upon and along the center of the streets in the City of Pueblo, in the State of Colorado hereinafter mentioned where there are now in existence any operated track or tracks, either single or double, and to use and enjoy said tracks for street railway purposes, together with the right to build and construct necessary turnouts, switches, side tracks and other appliances, machinery and apparatus, over, upon and along said streets, with the additional right to operate and maintain said tracks and rolling stock thereon, by means of the overhead or trolley wire electric system as the same is now constructed, operated and maintained over, upon and along said streets and from time to time to replace the poles and wires now existent, or to erect and construct at places to be approved by the City Engineer, additional poles and wires as occasion may require. Section 3. Said, The Pueblo Traction and Electric Company, shall have the right to substitute for the overhead or trolley wire electric system, the storage battery system, on any new and improved mechanical sudive power which may be hereafter discovered or invented in case the same may be found necessary or advisable by said company, provided that any change in the present trolley system of propelling its cars shall not be more burdensome to the streets, property owners and citizens than that now in use. Section 4. That said company shall have the right to collect tolls and charges from passengers travellin upon the said cars of said company, not to exceed, however, more than Pure cents for any single fare for riding on its cars within the corporate limits of the said City of Pueblo. Section 5. The streets upon, along and over which the casements, privileges and franchises aforesaid are herein granted and confirmed, and granted and confirmed are as follows: Santa Fe Ave, Main St, Tenth St, Eight St, South Union Ave, Evans Ave, Abriendo Aye, Thirteenth St, Elizabeth St, Francisco St, Seventeenth St, Fourth St, Center St, Adams Aye, Twenty - fourth St, Manitou Blvd, Colorado Blvd, Fifth Ave, Central St, Furnace St, Northern Aye, Berkley Ave; also upon and along the center of the bridges crossing the Arkansas River on Victoria and Union Aves, in said City of pueblo; together with all other streets, avenues, roads and bridges over, upon and along which any track or tracks are now laid, the franchises and easements herein granted to apply to and extend over the entire length of each, every and all of said streets, avenues, roads and bridges within the corporate limits of the said City of Pueblo, where tracks are now existent. Section 6. The right hereby granted to erect, construct and maintain all necessary poles and string and put in place all necessary wires, apparatus and other attachments suitable or proper for the successful operation of said system of railway, is granted subject to the express condition that said poles shall be erected and maintained in such manner as not to interfere with the existing poles and wires of any telegraph, telephone or electric company now occupying said streets. Section 7. All other rights and privileges of the Pueblo Traction and Electric Company as successors in interest of the Pueblo Electric Street Railway Company which are set out and defined in the Ordinances herein referred to, are hereby recognized, reenacted and confirmed, subject to the provisions of said ordinances and all duties and obligations imposed thereby. Section 8. All the rights and privileges derived by the Pueblo traction and Electric Street Railway Company under or by virtue of the several Ordinances herein referred to, and all the rights, privileges and franchises herein granted and confirmed and granted or confirmed to the said The Pueblo Traction and Electric Company, its successors and assigns shall continue and he in force for and during the period of time for which Ordinance No. 34 passed and approved by the Town of Bessemer April 9th 1890 and hereinbefore referred to, has still to run and be in force as fixed and limited by its tenue and provisions, and not longer and shall cease and determine at the expiration of said time. Section 9. Whenever by resolution or ordinance o± the City Council duly passed, it shall be determined that any street or streets in the City of Pueblo be paved, the said The Pueblo Traction and Electric Company, its successors and assigns, shall and will cause to be paved all the portion or portions of such street or streets upon which the right is herein given to construct and maintain its tracks which lie between the rails of said tracks and for a distance of (1) one foot, on the outer side of each of said rails, to be paved at the expense of said, The Pueblo Traction and Electric Company, its successors or assigns; or in the event that said paving is done and performed by the City of Pueblo by contract or otherwise, then the said The Pueblo Traction and Electric Company shall pay and cause to be paid all the expenses, charges and costs of paving between the rails of said company and for one (1) foot on the outer side of each rail. The said The Pueblo Traction and Electric Company shall pay for said paving in the manner and form as required by law. Section 10. Said company shall within ten days after the passage of this Ordinance file with the City Clerk its acceptance in writing of all the previsions and conditions herein contained. Approved April 6th, 1899 James B. Orman Attest Mayor