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AN ORDINANCE .
Authorizing and Requiring The Kahsa^^Gjty.Tí.áil'vísJyáXom-
pany to Acquire Certain Existing SíftíeVÍÍáilway Eines and
Property and Granting to Said Company the Right, and
Requiring it, to Construct, Reconstruct, Maintain and
Operate Certain Street Railway Lines in. Upon and
Along Certain Streets, Ways and Public Places in
Kansas City, Missouri, Prescribing .the Terms of Such
Grant and the Terms and Conditions Under Which Such
Rights Are to Be Exercised and Obligations Performed;
and Prescribing the Manner in which the Surplus Income
of Said Company Shall Be First Applied, and Thereafter
Apportioned Between the City and the Company; Regu¬
lating the Disposition of the City's Share of the Surplus
Income; Regulating the Capital Stock of the Company and
Encumbrances on the Property; and Providing for the Ac¬
quisition by the City, at its Option, of the Property of
Said Company, in Jackson County, Missouri, Upon Pre¬
scribed Terms and Conditions; Safeguarding the City's
Interest in the Property, and Defining the Relations of the
City to the Property at the Expiration of Said Grant in
the Event the City Shall Not Have Acquired the Property.
AS ADOPTED BY THE CITY COUNCIL
SMITH-GRIEVES TYPESETTING CO.
Law Printers
714-716 Baltipiore Avenue
—2—
PREAMBLE
Whereas, Thír Kansas City and Westport Belt Railway Conipanj
a cprporattoñ 'oigàliiîed pnd: existing under and by virtue of the law
of Míssóüfí, thai? béer; ;graii5te"d|ajid iholds certain rights, permits, privi
leges and .franchises?. gran.ted[ under the State of Missouri and th;
County of'.'Jat^oh '.aji£l*,*¿arfeas City in the State of Missouri, t(
operate lines of rariwáyV côftîrtionly known as the Dodson Line, parti}
within and partly without the present corporaLe limits of said city
and the Marlborough Line, and that portion of the Sunset Hill Lint
south of Forty-eighth Street, and now owns and controls said lines
and
Whereas, The Metropolitan Street Railway Company, Centra
Electric Railway Company, and The Kansas City Elevated Railway
Company, corporations, hav^been granted and now hold certain per¬
mits, privileges, rights and franchises granted to them, respectively
by the State of Missouri, and by the County of Jackson, and by Kan
sas City in the State of Missouri, by the State of Kansas, and by the
cities of Kansas City, Rosedale, and Argentine, and by the County oí
Wyandotte, in the State of Kansas, to acquire, owm and operate linei
of street railway within the' boundaries of said cities and counties
respectively; and
Whereas, The said Metropolitan Street Railway Company now
owns and holds all of the capital stock of said Central Electric Rail¬
way Company and most of the capital stock of said The Kansas City
Elevated Railway Company; and the said railway lines of the Kan¬
sas City and Westport Belt Railway Company are operated in con¬
nection with the lines owned and controlled by said Metropolitan
Street Railway Company; and
Whereas, All of the railway lines owned or controlled by said
companies, and each of them, except the Kansas City and Westport
Belt Railway Company, are now being operated by Robert J. Dun¬
ham and Ford F. Harvey, as receivers of said Metropolitan Street
Railway Company, Central Electric Railway Company and The Kan¬
sas City Elevated Railway Company; and
Whereas, Said Robert J. Dunham and Ford F. Harvey, as such
receivers, and said railway companies, and each of them, assert" that
it is not possible to improve and enlarge the property and system
under present grants and franchises, and to provide thereunder the
service required by the public, and are now asking of the said cities
in which said lines of railway are located and being operated, and
especially of Kansas City, Missouri, and of the City of Kansas City.
Kansas, grants, privileges and concessions, to the end that the prop¬
erty and the business of said railway companies, may be taken out of
the custody and control of said receivers, and the present and future
investments therein be secured; and
—3—
Whereas, The Kansas City Railways Compa.ny, hereinafter called
"the Company," has been duly organized for the purpose of acquiring
all of the property, rights, privileges, permits, franchises and licenses
of said railway companies, and of each of them, and for the purpose
of operating, improving and extending the lines of railway and prop¬
erty under the terms of this ordinance; and
Whereas, Kansas City, Missouri, hereinafter called "the City," de¬
sires, in the interest of the public, to provide for the improvement,
equipment and extension of said street railway lines and property,
and for the improvement of the service, and for the operation of said
street railway lines, and of any other street railway line or lines
which may be at any time hereafter acquired or built, so far as can
be accomplished under the terms and provisions of the following
ordinance; and
To fix and define the terms and conditions upon which the Com¬
pany shall operate its lines and the method by which the City shall
have the right to participate in the management, operation and con¬
trol, and in the earnings of the property in Missouri and, if it shall
so elect, to acquire, take over, own and operate same;
Now, Therefore,
Be it ordained by the Common Council of Kansas City, Missouri :
Section 1. Grant and Conditions Thereof.
In consideration of the acceptance by the Company of this ordi¬
nance, and its agreement to perform the obligations hereinafter im¬
posed upon it, the City grants to the Company, its successors and
assigns, subject to all the provisions, conditions, requirements and
limitations of this ordinance and of the city charter legally applicable
hereto, the right to construct, reconstruct, maintain and operate the
certain street railway lines in, upon and along the streets, ways and
public places, or portions thereof, in said City, specified in schedule
marked Exhibit "A," hereto attached and made a part hereof, as
fully, for all purposes, as if herein set out; and also such additions
thereto and extensions thereof as shall be hereafter built or acquired
in accordance with the terms and provisions of this ordinance.
Where any part of the existing lines are now operated under
a street or upon an elevated structure over a street, the same shall
continue to be so operated, unless and until changed with the con¬
sent of the City; but nothing herein shall be so construed as to
grant the right to own, maintain or operate a subway or elevated
line or system of street railway; the intent being to grant, by this
ordinance, the right only to own and operate lines upon the surface
of the streets pientioned, pxcept as expressly set forth in Exhibit
"A." 3 83.5-fö
(a) No n^t granted by this ordinance shall vest unless within
fifteen days after its passage and approval the Company shall accept
all the provisions of this ordinance in the manner and form herein
provided, and the United States District Court for the Western Dis¬
trict of Missouri, which is administering the receivership aforesaid,
shall before the submission to the voters recommend to the parties in¬
terested in all the properties hereinafter mentioned that said ordinance
be fully carried out, and there shall be deposited with the Comptroller
of the City a sum sufficient in his judgment to defray the expenses
of the election hereinafter provided for; and no such right shall vest
then, except upon condition that all the rights granted by this ordi¬
nance shall wholly cease and determine without any further action
whatever by the City, unless within six months after this ordinance
shall have been adopted by the qualified voters of the City, at an elec¬
tion to be held for that purpose (or such extended time as the City by
ordinance shall grant, it hereby agreeing to make extensions if and
when reasonably necessary) the Company shall acquire (and it does
hereby agree to acquire) in the manner and within the time in this
section limited," all the property, franchises and privileges of every
kind and description in Missouri owned by all and every one of the
companies whose lines of street railway constitute the system now
being operated by the receivers of the Metropolitan Street Railway
Company, Central Electric Railway Company and The Kansas City
Elevated Railway Company, and all the property of said Kansas City
and Westport Belt Railway Company, -with all renewals and repairs
thereof, whether described or not in the appraisal inventories of said
lines of street railway, as of June 1, 1912, made by Bion J. Arnold
on behalf of said receivers and by L. R. Ash on behalf of said City,
and in either of said inventories (copies of which have been filed with
the Clerk of said City and in the office of the Clerk of the United
States District Court at said City, the same being hereby and herein
referred to so as to make the same a part hereof as fully as though
set forth herein), and all property in Missouri which has been pur¬
chased or acquired by any of said companies or by said receivers
since June 1st, 1912, for use as a part of or in connection with the
said street railway lines, or any of them, free and clear of all liens
and encumbrances of every character and description, of record, ex¬
cept judgments for injuries to person or property, provision for pay¬
ment of which is made in subdivision 3 of section 27 of this ordinance.
In the event any claim, then unknown, be thereafter established as
a prior lien against the property, or the earnings thereof, the Com¬
pany shall, within a reasonable time after any such claim shall have
been thus established, pay oif and discharge the same with its own
funds and procure satisfaction and release thereof of record. In no
event shall the interest of the City in the property, or the earnings
thereof, be in anywise charged or affected by the payment by the
Company of any such claim, whether established as a lien or other¬
wise.
Provided that nothing contained in this ordinance shall be so con¬
strued as to require the- Company to acquire funds held or deposited
tor snecial purnoses, or such stocks, bonds, debts, notes, accounts or
—5—
claims of any kind or description as the several companies aforesaid
may hold or own of or against any of the other of said companies
or the Kansas City Electric Light Company or the Kansas City Rail¬
way and Light Company or affiliated companies; all of which stocks,
bonds, debts, notes, accounts and claims, however, shall be surrendered
and canceled whenever and so far as may be necessary to free the
Company from any liability therefor and the property acquired by the
Company as aforesaid from all liens and encumbrances; and
Provided further that the moneys, notes, accounts and other
personal property in the possession of said receivers may be used
for the purpose of paying the expenses and liabilities of the receiver¬
ship of every kind and description, and also the debts and obliga¬
tions of any and all of said companies, so as to free the property
acquired by the Company from all liens and encumbrances, as here¬
inbefore required; and any surplus thereafter remaining shall be ac¬
quired by the Company and shall be charged to capital account or
operating expenses according to the nature of the purpose for which
the same shall thereafter be usßd, as may be determined by the Board
of Control.
The said appraisal inventories include supplies on hand at the
date of appraisal, as specified therein. When this contract takes
effect there shall be an accounting between the parties of the sup¬
plies then on hand and due allowance shall be made between them
as the value of such supplies is greater or less than those so in¬
ventoried.
The obligation of the Company to the City created by this ordi¬
nance shall be the first and paramount obligation of the Company
prior and superior to any other obligation, lien or right upon or
against any of its property or the earnings thereof.
The City hereby gives its consent (upon the conditions herein
expressed) to the sale, assignment, transfer and conveyance of said
properties to the Company by said other companies as hereinbefore
provided. And upon the performance by the Company of the agree¬
ment to acquire all the said properties in accordance with the pro¬
visions of this section, the City shall and will relieve and discharge
said Metropolitan Street Railway Company, Central Electric Railway
Company, The Kansas City Elevated Railway Company and the Kan¬
sas City and Westport Belt Railway Company, of and from each and
every duty, liability and obligation to it arising out of or connected
with any contract whatsoever heretofore made by and between said
■»ther last named companies, or any of them, and the City, except as
nay be in this ordinance otherwise expressly provided; and at the
same time all contracts between the City and said other companies,
and each of them, and all rights, privileges, franchises and claims of
jvery kind and description arising thereunder, or arising otherwise
from the State, County or City, in relation to the business or the
Droperties, or any part thereof, of said companies, and of each of
hem, within the limits of the City, except as herein otherwise ex-
pressly stated, shall be held to be surrendered, satisfied in full, re¬
leased, canceled and annulled, without further action upon the part
of the City or the Company, or any of said old companies, so that the
Company at that time and forever thereafter shall not have or claim
any right, privilege or franchise, of any kind or character, as against
the City, in, upon or along any street, public way or public place
within the corporate limits of the City, save and except only such
rights, franchises and privileges as are hereby or by amendatory or
future ordinance expressly created and granted.
(b) The receivers have agreed with the City in writing if this
ordinance is adopted by the people, to operate all the properties cov¬
ered by the receivership consistently with the terms of this contract
in all respects, so far as may be, to the end that if the Company shall
eventually acquire, as herein provided, the properties hereinbefore
mentioned, free from all liens and encumbrances as aforesaid, the
operation of said properties and all accountings under this ordinance
shall date from the adoption hereof as aforesaid. The Kansas City
and Westport Belt Railway Company hás made a like agreement. At
the time of the acceptance of this contract there shall be filed with
and approved by the City Comptroller the bond of the Kansas City
Railway and Light Company, owner of the stock of the corporations
aforesaid, with surety satisfactory to said Comptroller, conditioned
that the grantee hereunder will acquire the title to the said properties
in the manner and time aforesaid, and if it defaults in said obligation,
they will pay to the City the sum of One Hundred Thousand Dollars
as liquidated damages and not as a penalty, it being now agreed be¬
tween parties hereto that it will be difficult and impracticable to es¬
tablish by satisfactory evidence the amount of actual damage which
will result to the City from such default.
(c) The expression "property," or "street railway lines," or
"street railway system," or equivalent expressions as used in this
ordinance, except where the context clearly defines a different mean¬
ing, shall be deemed to denote all the property in Missouri now
being used in conducting said street railways by said receivers, in¬
cluding all of the property of said Kansas City and Westport Belt
Railway Company, and shall also denote all of the property from
time to time possessed or used by the Company in and about the
street railway business in Missouri conducted under the provisions of
this ordinance, including all franchises, rights and privileges of every
nature enjoyed or exercised, or capable of being enjoyed or exercised,
in connection therewith, irrespective of the nature or extent of the
interest of the companies therein, and a similar construction shall be
given to expressions relating to particular classes or species of the
Company's property.
Section 2. Term of Franchise.
All rights, franchises and authority whatsoever hereby granted
tn the Company shall whollv cease and determine thirty years from
—7—
the date this ordinance is adopted by the people, unless sooner termi¬
nated in accordance with the provisions of this ordinance.
Section 3. Purposes of Grant.
Both parties hereto agree that the first and primary purpose in
the making of this contract is to secure to the public first-class
modern street car service; and, after that purpose is accomplished,
and subordinate thereto, second, to secure fir the Company its capi¬
tal value and a 6 per cent return thereon; third, the participation
herein provided for to be enjoyed by both parties to this contract.
The City agrees that, subject to its right to secure such service, it will
not require the Company to do anything that will impair the said
capital value or return thereon, or materially impair the enjoyment of
the rights of participation, in accordance with this contract.
Section 4. Organization of Company; City's Representation in Man¬
agement.
The Company shall be organized as a corporation under the laws
of Missouri. In no event shall the aggregate amount of outstanding
mortgage indebtedness and capital stock of the Company be in excess,
at any time, of the value of the Company's property wherever situ¬
ated, exclusive of franchise value under this ordinance. The Com¬
pany shall, upon demand by the Mayor, issue and deliver to the
City such shares of the capital stock of the Company as may
be necessary to qualify the persons designated by the City as its
representatives on the Board of Directors: Provided, that the num¬
ber of shares so issued shall never exceed in the aggregate the num¬
ber of directors to which the City shall be entitled under this con¬
tract. The Company shall, from time to time, on presentation of any
such certificate, transfer the same upon its books as the Mayor may,
in writing, direct.
The stock of such Company shall, pending the acquisition of the
title as aforesaid, be deposited with Honorable William C. Hook,
Judge of the United States Circuit Court for the Eighth Circuit, to
be by him or his successor in office held for the benefit of the parties
entitled thereto under and pursuant to a plan of reorganization to
be hereafter prepared or in case reorganization cannot be effected,
then for the benefit of those who pay for the stock. Such plan of
reorganization must be in harmony with the provisions of this ordi¬
nance and must be so drafted that it will carry out its purpose and
spirit, and must be approved by said Judge William C. Hook, or his
successor in office, before it can be adopted and put into operation.
The Company shall be organized with eleven directors. Kansas
City, Missouri, shall select, in the manner hereinafter provided, five of
such directors-. The number of directors shall not at any time be
changed without the consent by ordinance of the City first obtained.
—8—
No person so designated by the City shall be eligible to serve if he,
either as principal or agent, owns or controls any stock (except
qualifying shares) or bonds of the Company, or has any contract,
directly or indirectly, with the Company for materials or supplies or
for labor, or has any financial motive in relation to the business of the
Company. If at any time any such person shall be disqualified for any
such cause, his right to the office shall forthwith cease. In the selec¬
tion of such directors, political affiliations shall be disregarded. The
Board of Directors shall not delegate its power to any executive or
managing committee of the Company without the unanimous consent
of the City's Directors, as to the organization and formation of sucfc
committee.
The City hereby designates William T. Kemper, John H. Wiles,
Davis M. Pinkerton, Frank C. Niles and John W. Wagner as the
persons to be elected by the Company for and in behalf of the City
as such directors, for periods, in the order named, of five, four, three,
two and one years, respectively. Said persons shall serve as suet
directors until their successors have been designated, elected and
qualified as hereinafter provided. It shall be the duty of the Com¬
pany to cause each of such persons and their successors to be promptly
elected as directors of the Company, and to support them in the rea¬
sonable exercise of all the usual and lawful powers of corporate
directors and powers conferred upon them by this ordinance. The
successors to such persons shall be elected by the Company for
aggregate periods of five years each. In case of death, removal, or
resignation, the successor shall be promptly elected for the unexpired
term. The Company shall give to the Mayor written notice of
every shareholders' meeting at which directors are to be elected for
and in behalf of the City, thirty days next before the day on whicl
such meeting is to be held. The Mayor, upon receipt of said notice,
shall forthwith nominate and submit to the persons then serving as
the judges of the Kansas City Court of Appeals, or of any successor
thereto, a list of three names for every City director to be chosen
and from such list such persons, or a majority thereof, shall select
one name which shall be certified to the Company by the Mayor as
the person designated by the City to be elected by the shareholders of
the Company as such City Director. If such nomination be to choose
a successor at the expiration of a term, the name of the retiring di¬
rector may be included in the list submitted to the persons then serv¬
ing as the judges of the Court of Appeals. Upon the death, resigna¬
tion or removal of any City director, the Mayor shall immediately
proceed in like manner to cause designation to the Company of a
successor for the unexpired term. The said judges, or a majority
thereof, shall have the right to reject altogether any list submitted
by the Mayor and in such case the Mayor shall, within five days
after such rejection, submit and continue to submit lists of like num¬
ber and different names until a selection shall have been made by
the said judges.
—9—
The City shall have the right by agreement with Kansás City,
Kansas, to give to the latter the right to name as its representative
on the Board of Directors of the Company not more than two of said
rtve City Directors; and in that event the Kansas City, Kansas, rep¬
resentative or representatives shall be selected in such manner as may
be agreed upon between said cities and the Company, and it shall
be the duty of the Company to elect such persons as directors on
behalf of K^sas City, Kansas, and support them in the reasonable
exercise of their powers and duties as directors in the same manner
and under the same penalties as persons elected on behalf of Kansas
City, Missouri. Whenever the right of Kansas City, Kansas, to such
representation, if given, shall cease, the City shall thereupon have
the right to select all five of such directors.
Any director, no matter by whom selected, may, during his term
as such director, be removed by any court of competent jurisdiction
for fraud, corruption or incompetency, neglect of duty, or any other
lawful and sufficient cause, upon proper complaint and proof, and the
order of removal by any such court shall oust such person from his
position and office as director, notwithstanding an appeal is prosecuted
therefrom, and any person accepting election as director on behalf
of the City shall thereby be held to agree to all the provisions, terms
and conditions of this contract and to be bound thereby.
Section 5. Office and Books of the Company; Directors' Meetings.
The Company shall at all times maintain its principal office in
Kansas City, Missouri, where it shall keep, at all times, books, records,
accounts, contracts and vouchers showing accurate and true condition
of the affairs and the business of the Company, and shall not move
the same from the City except when necessary for temporary use or
when required to do so by legal process. All meetings of the Board
of Directors and of committees thereof shall be held at the principal
office of the Company in Kansas City, Missouri, and not elsewhere.
The City Comptroller, or accountants authorized by him, under
the direction of the Mayor or of the City's directors, shall have the
right at all reasonable times to examine all the books, vouchers and
records of receipts and expenditures of the Company for the purpose
of ascertaining the accuracy of the statement to be furnished to the
City Comptroller under the provisions of paragraph 6 of Section 7
hereof, and the rights of the City under this ordinance. There shall
also be an annual audit of the accounts of the Company, covering
all receipts and expenditures for the year ending on the 31st day of
May next preceding, and a formal written report by public accountant
selected by the Company and the City Comptroller for the City, and
the expense of such audit and report shall be paid out of the gross
receipts of the Company as an operating expense.
—10—
Section 6. Board of Control.
Upon the adoption of this ordinance by the people, the Company
shall appoint a Board of Control consisting of P. J. Kealy designated
by the Company, and Robert P. Woods designated by the City. Any
difference between the two shall be forthwith submitted and sum¬
marily determined by a third person as an arbiter to be selected by a
majority of the persons then serving as the judges of the Kansas
City Court of Appeals. This third person shall be disinterested and
qualified by study and experience to pass upon the questions to be
arbitrated.
The Company may at any time and from time to time remove
its representative on said Board, and appoint a successor whenever
there is a Vacancy.
The. City's representatives on the Board of Directors, or a
majority of them, with the concurrence of the Mayor, may at any time
and from time to time remove the City's representative on the Board
of Control, and designate a successor whenever and as often as it fails
to have a representative upon said Board from any cause whatsoever,
and the Company shall forthwith appoint the person so designated.
Written notice shall be given promptly to the other party by
the party making any removal or appointment.
Either the City or the Company shall have the right to apply to
any court of competent jurisdiction for the removal of either member
of said Board of Control, for fraud, corruption or failure to perform,
in good faith, his duties under this ordinance.
Section 7. Duties and Powers of Board of Control.
The Board of Control shall have the right to provide and main¬
tain, and require of the Company to pay therefor, adequate offices,
rooms and quarters; and shall have the right to employ such assist¬
ants, accountants, engineers, clerks and other employees, and procure
such supplies and materials as are necessary to enable it to efficiently
perform its duties. The salaries and compensation of the members
thereof, as well as that of all assistants employed by them, and the
necessary expenses and outlays incurred whilst in the performance of
their duties, shall be paid by the Company.
Said Board of Control is charged with the following duties:
(1) To supervise and direct the routing, stopping and schedules
of cars; first, in accordance with any ordinance passed from time to
time, by the City, in the exercise of any power now or hereafter pos¬
sessed by the City to prescribe, regulate, or control the routing,
stopping or schedules of cars; second, in accordance with any order
or direction given by the Public Service Commission of the State in
the exercise of aijy superior power now or hereafter possessed by
the Public Service Commission to supervise, direct or control the
1 outing, stopping or schedules of cars.
—11—
în the event thé Public Service Commission has such superior
power, its orders shall be complied with. In the event it does not
have, or at any time ceases to have such power, then the City shall,
at all times, have and exercise such power.
(2) To require to be maintained upon the said lines of street
railway, and all of them at all times, sufficient, good and convenient
cars and equipment to accommodate public travel and to provide first-
class service in accordance with the true intent and purpose of this
ordinance.
(3) To designate and approve the kind, character and amount
of construction, reconstruction^ equipment, re-equipment and addi¬
tions to plant and property, and to approve the kind of rails, poles,
wires and materials to be used; to supervise and approve all work in
relation to the same and ascertain and certify the cost thereof.
(4) To determine and promptly certify to the City and to the
Company what expenditures shall be charged to capital account, and
to properly classify and charge all other expenditures of the Com¬
pany.
(5) To determine the sy.stem under which the books and general
accounts of the Company shall be kept, and to supervise the keeping
thereof.
(6) To inspect and audit all receipts, disbursements, vouchers,
prices, payrolls, time cards, papers, books, documents and property of
the Company, and to prepare and file semi-annually with the President
of the Company and the Comptroller of the City a full and complete
statement of all receipts and disbursements, and of the condition of
the capital and other accounts, and generally of all transactions and
work done during such period, as well as work proposed to be done,
together with such recommendations as they shall deem meet and
proper to make to the parties hereto.
(7) To perform such other duties as are specifically in other
sections of this ordinance imposed upon them, and generally to do any
and every act and thing requisite, desirable and necessary in and to
the efficient performance of said duties.
The Board of Control may temporarily reroute and schedule cars,
without approval by ordinance, for such time as may be necessary by
reason of the construction or reconstruction of roadbed or track, or
other emergency creating a necessity therefor.
It is hereby made the duty of the Company to furnish and sup¬
ply, without unnecessary delay, sufficient cars, machinery, appliances,
equipment, material, accountants, engineers, clerks, workmen, assist¬
ants and everything necessary to enable said Board of Control to fully
and freely perform every duty imposed upon it under this ordinance.
It is understood, also, that wherever in this ordinance any duty
is imposed upon said Board of Control, it is at the same time made the
duty of the Company, said Board being for all these purposes made
—12—
the agent of the Company, and not of the City. The Board shall
make and preserve an accurate and faithful record of all its meetings
and proceedings.
Nothing in this ordinance shall be so construed as to take away
or abridge any power now or hereafter possessed by the State or
City to supervise and regulate the operation of the property, includ¬
ing the routing, stopping and scheduling of cars, so as to secure for
the public the best possible service and accommodation; and the State
or the City may, at any time, employ any power it has for that pur¬
pose, independently of any action by the City's directors or by the
Board of Control.
Section b. Orders and Regulations of the Board of Park Commis¬
sioners.
In the operation of said street railways over and along any prop¬
erty belonging to the City and used for park and boulevard purposes,
the Company shall conform to and obey all reasonable rules, orders
and regulations made by the Board of Park Commissioners.
Section 9. Fares and Transfers.
Until and unless fares be reduced as in this ordinance provided,
the Company shall for a single fare of 5 cents carry each passenger
over 12 years of age, and for a single fare of IVz cents, to be paid
as hereinafter stated, carry each passenger 12 years of age or under,
from starting point to destination, over its entire system, within the
City, including all extensions, additions and lines therein; provided
that children under 8 years of age, accompanied by a person paying
fare, shall be permitted to ride free.
The Company shall at all times furnish conductors with tickets
to be sold for the use of passengers 12 years of age or under, and
shall sell such tickets at the rate of two for 5 cents, and shall give
to each passenger 12 years of age or under, who pays 5 cents, a
ticket which may be at any time thereafter used in payment of the
fare of a passenger 12 years of age or under. Such tickets shall be
accepted by the Company in full payment of the fare of such
passenger, who shall be entitled to the same privileges as persons
paying a 5-cent fare.
Such tickets shall also be kept on sale at the office of the Com¬
pany and at such other places in the City as may be ordered by the
Board of Control.
No passes of any kind shall be issued to any person. Employes
of the Company, policemen and firemen shall be permitted to ride
free subject to rules and regulations prescribed by the Board of
Control.
Universal transfers shall be granted free over all parts of the
system in the City.
Such transfers shall also be granted over all parts of the system
in Kansas as the same now exist or may be hereafter extended within
—13-
the then limits of Rosedale and Kansas City, Kansas, and intermediate
points, so long as the Company, its representatives, successors or
assigns shall, directly or indirectly, control, be interested in, operate
or have operating traffic or carrying arrangements with the com¬
pany or companies owning, operating or controlling the said lines
of street railway in Kansas, and also so long as any of the cars of
either the Missouri or Kansas lines shall operate over any of the
tracks of the other, and the Company shall make no traffic or trans¬
fer arrangements with any such companies operating lines hereafter
built into Rosedale or Kansas City, Kansas, unless such companies
shall give like traffic and transfer privileges over their lines, provided,
however, that at no time shall the rights of the parties hereto be
substantially impaired by the granting of intercity transfers.
All such transfers shall be from the points at which the passenger
enters the car to any other point on the entire system, as aforesaid.
The City shall at all times have the right by ordinance to dis¬
continue, regulate and control such intercity transfers, in any manner
that will not reduce the Company's return on capital value.
These transfer provisions shall not be so construed as to enable
passengers to make what is commonly known as a "loop," by
which is meant such a system of transfers as will enable the passenger
to return substantially to the initial point for a single fare. It is
intended that such transfers shall be furnished as will enable the
passenger to go by a reasonably direct route to his destination at
any point on the Company's lines for a single fare, and the pro¬
vision as to "loops" shall not be so construed that a transfer shall
be given so as to enable the passenger to go to a point and stop there
and then return by some other route to the point from which he
started. The Board of Control, under the direction and supervision
of the City's Directors, shall have the right and power, by reasonable
regulations, to regulate the matter of transfers so as to carry out
the spirit of this section. The Company may require a passenger,
who requests a transfer upon a transfer, to then declare his destina¬
tion.
Section 10. Car Service.
(a) All cars hereafter operated by the Company shall be of
the best quality, style, finish and design and be approved by the
Board of Control; and the equipment as a whole shall, at all times,
be equal in quality, style, finish and condition to cars in ordinary
use on the best managed and equipped lines of street railway in the
United States.
The Company shall maintain and operate upon its lines, at all
times, a sufficient number of good and convenient cars to fully accom¬
modate public travel. All of said cars shall be kept, at all times,
clean, roadworthy, and in good, safe order and condition and properly
ventilated, heated and lighted. Its road-bed and tracks shall be kept,
—14—
at all times, in good order and condition so as to afford safe and
convenient travel thereon and thereover.
All cars and machinery for operating the same shall, at all
times, be provided with the best improved appliances for protectin¡;
the lives and persons of the passengers therein and of the public
traveling on and across the streets over which said lines may be
operated. All cars shall be run at all times and places at a reason¬
able rate of speed, under the particular circumstances, and no public
or private nuisance or unusual or unnecessary noises shall be either
caused or permitted in the running or operation thereof. The Board
of Control, or the City, by reasonable ordinance, shall divide the
City into speed zones and define and regulate the speed at which
cars may be operated within the city limits and provide for, regu¬
late and enforce any and all other requirements and provisions of
this section.
All cars shall be in charge and 'under the control of not less
than two competent men, a motorman and a conductor, except where
otherwise ordered by the Board of Control.
(b) The Company shall furnish, maintain and operate, day and
night, including "owl car" service, over all its tracks within the city
limits, sufficient number of cars to fully comply with all schedules
and routes fixed and prescribed in accordance with the provisions of
this ordinance or by any lawful authority.
Section 11. Rehabilitation—Immediate Extensions and Additions.
As soon as the 12th Street viaduct, now under construction,
is completed the Company shall at once electrify all parts of the sys¬
tem not then electrified. The Company shall proceed immediately to
repair, reconstruct and repave all parts of its track, roadbed and
that part of the street which it is required to pave, necessary to put
its entire street railway system, plant and equipment in first class
condition, and to carry forward such work with reasonable expedi¬
tion and fully complete the same yvithin three years from the date
this ordinance is adopted by the people, expending $1,500,000, or so
much thereof as may be necessary for such work. The Company
shall in each and every year for three years following the date this
contract is adopted, purchase and promptly put in service not less
than twenty-five additional new cars.
The Company shall construct during each of the first three (3)
years of the term of this grant, in the locations hereinafter specified,
not less than five (5) miles of single track as extensions and addi¬
tions to existing lines, making a total of not less than fifteen (15)
miles of single or seven and one-half (7V2) miles of double new tract
within said three (3) years, as follows:
(a) The Company assumes the obligations to the City of the
Metropolitan Street Railway Company under Ordinance No. 8935,
approved January 29, 1912, to construct a double track street rail¬
way operated by electricity along, upon and over Prospect avenue
—15-
from a connection with the street railway line at Fifteenth street
northwardly to Independence avenue, thence east on Independence
avenue to Chestnut street, thence north on Chestnut street to Lexing¬
ton avenue, thence north by proposed trafficway immediately west of
and adjacent to Chestnut avenue to the right of way of the Chicago &
Alton Railway Company, thence over same by viaduct to the inter¬
section of Guinotte and Montgall avenues to connect there with exist¬
ing lines of street railway, with all necessary connections, curves
and turnouts, and agrees to construct the same under the supervision
of the Board of Control, and to begin the construction thereof within
sixty days after this ordinance takes effect, and to complete the por¬
tion thereof on Prospect avenue from Fifteenth street to Independ¬
ence avenue, and on Chestnut avenue from Lexington avenue to In¬
dependence avenue within six months after said last named date, and
to complete the remainder of said line within six (6) months after
the grading of said proposed trafficway and construction of said
viaduct shall have been completed. When and as the several portions
of said street railway line shall have been completed it shall become
and remain a part of the street railway system of the Company, to
be maintained and operated under and in accordance with the pro¬
visions of this ordinance.
(b) 24th, Brighton to Hardesty Double Track
Broadway, 14th to 25th Sts Double Track
Brooklyn, 39th to 44th Sts Double Track
McGee Street, 18th to 19th Single Track
McGee Street, 19th to 24th sts Double Track
Main Street, 19th to 27th Sts Double Track
Station Plaza, Main to Broadway .Double Track
25th, Broadway to Summit Double Track
Mail Spur Single Track
24th St., Main to McGee , Double Track
Woodland Ave., Missouri Ave. to 10th St Double Track
Blue Valley Line, 15th to St. John and Belmont Single Track
Indiana Ave., 86th to 43rd Sts....- Single Track
31st St., Indiana to Brighton Double Track
31st St., Brighton to Raytown Road Single Track
25th St., Troost to Grand Ave Single Track
Troost Ave., 48th to 53rd Sts., double track, when the street between
said points shall have been graded to the established grade.
If consents of property owners as to any of said tracks be not
obtained, then the council may order a like amount of trackage to
be built elsewhere within said period.
The Company shall begin the construction of each of said lines
promptly after legal consents therefor shall have been obtained and
ordinances authorizing construction thereof passed, and shall prose-
—16—
cute the work diligently and without unnecessary delay to comple¬
tion, and shall fully complete each of said additions and extensions
within said three (3) years.
Tracks on and across the Union Station Plaza shall be laid be¬
tween such tracks on Main street and Broadway and with reference
to the entrances to the Union Station as will serve the public to the
best possible advantage. The Board of Control shall locate the tracks
and superintend the work.
The City shall have and retain the absolute title and ownership
of the following named portions of said street railway lines and
special work appurtenant thereto, namely, on Broadway from con¬
nection with tracks in Southwest Boulevard to connection with tracks
on Twenty-fourth Street; and from such last named point upon and
across the Union Station Plaza, or, instead thereof, upon and along
Twenty-fourth Street to connection with tracks in Main Street; and
from said last named point upon and along Main Street to Nineteenth
Street; and if, for any reason, tracks are not constructed upon the
plaza, between Broadway and Main Street, then the Company shall
.construct a double track upon 24th Street between said points. The
City shall pay to the Company the cost, as determined by the Board
of Control of the property, title to which is to vest in the City
under this paragraph. The Board of Control shall determine which
portion thereof shall be charged to capital value, and the same
shall be so charged. If the sum so to be paid by the City shall not
be otherwise paid, it shall be and remain a first charge upon the
two-thirds participation to which the City becomes entitled under the
provisions of Section 27 hereof, and as and when such payments are
made, capital value shall be reduced as the Board of Control shall
direct. The Company shall construct, when required to do so, a double
track on 20th Street connecting tracks on Main Street with tracks
on Broadway, and the same shall be and remain the absolute prop¬
erty of the City upon the same terms and conditions as above stated.
The Company shall maintain said property and operate its cars
thereover as a part of the street railway system under the terms and
provisions of this ordinance.
In addition to expenditures for extensions as herein provided
during the first three (3) years of the contract, the further sum of
$250,000.00 shall be promptly provided by the Company and used at
once to build such other and further extensions as may be determined
upon by the Board of Control, and authorized by ordinance, and the
amount so expended shall be added to capital value.
(c) The City, if and when it acquires the power so to do, or
any number of inhabitants under authority from the City and in the
manner prescribed by ordinance, may at any time build, under the
supervision of the City Engineer, extensions to the Company's existing
lines, or entirely new lines, within the City, to be operated as part of
the Company's system, and connect the same with the Companys
—17—
tracks, and when so built and connected, such lines shall belong to
the City, and when certified by the Board of Control to be in good, safe
condition, and to be of a standard of construction equal to that
adopted by the Company for lines in similar territory, it shall be the
duty of the Company to immediately and continuously operate suf¬
ficient cars of the Company, of the same kind as used on the Com¬
pany's own tracks, over said extensions, or new lines, to fully accom¬
modate public travel, and the Company shall take charge of and
maintain such tracks and operate the same as a part of the Com¬
pany's line and system, subject to all the provisions of this ordinance,
and upon such additional terms and conditions as said Board of
Control shall prescribe.
Section 12. Future Extensions, and Grants Therefor.
No extension of any line of street railway, and no new line, shall
be at any time built, constructed or acquired by the Company unless
first authorized by ordinance.
No street car tracks or rails of the Company shall be hereafter
connected with, and no cars of the Company shall be operated over,
any track or rails, within the City, not located entirely in or upon a
public street or other public place of the City, or in or upon the lands
of the Company, unless the Company shall first have been authorized
by ordinance to make such connection and operate its cars thereover.
The City shall have the right by ordinance at any time after three
years from the adoption of this ordinance, to require the Company
to construct, under the supervision of the Board of Control, and
operate, within the corporate limits of the City, as a part of its sys¬
tem, in conformity with the provisions of this ordinance, extensions
of, and additions to, the lines of its street railway, as follows:
(a) Such extensions as a majority of the City Directors may
recommend and the City by ordinance require, unless manifestly un¬
necessary for the convenience of its inhabitants, and the burden shall
always rest upon the Company to prove that any extension so re¬
quired is manifestly unnecessary; provided, that the aggregate of
such extensions shall not exceed, on the average, four miles of single,
or two miles,of double track, in any one year.
(b) Also such additional extensions of single or double track
as shall be reasonably necessary for the convenience of the inhabitants
of the City, and as the Board of Control shall determine and, by
certificates addressed to the Company and to the Mayor, declare will,
if constructed, produce an income on such investment of not less
than six per cent per annum over and above the expense of operat¬
ing and maintaining same as a part of said street railway System.
Any single track extension constructed under this paragraph shall be
reconstructed, if necessary, and connected with, and operated as, a
double track as soon as such double track shall be reasonably neces¬
sary and will produce the income hereinbefore specified. The Board
—18—
of Control shall recommend the location of all such additional ex¬
tensions and shall submit an estimate of the probable cost and earn¬
ing power thereof.
(c) The City hereby grants to the Company the right to con¬
struct and operate such extensions as the City may require to be
made, to take effect, however, when the necessary le^al consents of
the property owners shall have been secured; and if it is by the
Company or the City deemed necessary, the City shall, by ordinance,
again grant such right and authority.
Section 13. Consent of Property Owners.
Before any extensions of lines shall be made, the necessary legal
consents of the property owners along the route of the proposed ex¬
tension shall be obtained by the Company; the right being reserved
to the City and to any citizen to secure such consents if the Company
does not secure them.
Section 14. Viaducts and Subways.
(a) The City shall have the right, if and when it constructs or
acquires any viaduct within its limits, or in connection with the cities
in Kansas, to compel the Company to operate its cars thereover, and
pay therefor reasonable compensation, whenever reasonably neces¬
sary to accommodate public travel. The Board of Control shall de¬
termine when such operation is necessary and the compensation to
be paid by the Company.
(b) Nothing in this ordinance contained shall be construed as
relieving the Kansas City Terminal Railway Company, hereinafter
called the Terminal Company, from any obligation to the City, or
any street railway, nor as giving, granting or creating any new
right to or for its benefit.
If the City is legally bound by any franchise contract with the
Terminal Company to require the Company (grantee herein) to pay
to the Terminal Company any sum towards the construction "or
maintenance of viaducts or subways or approaches thereto upon any
route to be used for street car traffic under this contract, the Com¬
pany shall be required to pay the same; otherwise not. And this con¬
tract shall always be construed as requiring any such payment to
the same effect as if the requirement, if any, as finally held to
legally exist were written herein. If any such payment is legally
required, the Board of Control shall cause it to be made. The ac¬
ceptance of this ordinance shall be deemed a suitable undertaking to
so pay, the City, however, reserving the right, if necessary, to re¬
quire other and .further undertakings with the Company to comply
with this obligation. The purpose is to leave in the Terminal Com¬
pany every legal right it has, if any, under its franchise with the
City, and to have the Company pay for the use and maintenance oí
said viaducts, subways and approaches, if legally required by said
—19—
Subject to such legal obligations, if any, the Company shall lay
and maintain and operate its tracks upon and over such of said via¬
ducts, and in and through such of said subways as are upon the lines
mentioned in said Schedule A and in Section 11 hereof. Any sums
of money, if any, which the Company may be required to pay to the
Terminal Company by its said franchise on .account of the cost of
constructing said viaducts or subways and approaches shall be added
to capital value, as defined in this ordinance. Any sums of money so
required to be paid by the Company to the Terminal Company for
or on account of maintenance of said viaducts or subways shall be
paid as an operating expense.
In the event the City or the Company is not under such legal
obligation to pay for constructing or maintaining such viaducts, sub¬
ways and approaches, then the Company shall reconstruct, maintain
and keep at all times in good repair the same portions of the streets
over said viaducts or through said subways, as it is required to pave
and maintain on other portions of the streets used by it and upon
the same conditions.
The assumption of legal liability, as aforesaid, is made for the
benefit of the Terminal Company and may be availed of by it in any
action or proceeding.
(c) To preserve to the Terminal Company the right, if any,
which it may have to prevent, by injunction or otherwise, the execu¬
tion, adoption or carrying out of this contract, or any part thereof,
the granteè is required and does take its grant subject to the condi¬
tion that said right of said Terminal Company, if any it has, to so
prevent, may be enforced against it, the grantee, after the acceptance
and adoption of the contract, as fully and effectually as it could be
in any proceeding instituted prior thereto.
(d) The grantee herein, for itself, its successors and assigns,
in consideration of the rights and privileges conferred upon it by
this ordinance, agrees to and with Kansas City, Missouri, that it will,
at all times, indemnify and save Kansas City harmless against all
loss, damage or expense, if any, which may accrue to it by reason of
the failure of Kansas City, in granting the rights and privileges
herein, to require the grantee to pay to the Kansas City Terminal
Railway Company a proportionate part of the cost of such viaducts,
subways and their approaches as may be hereafter used by grantee,
in accordance with the provisions of paragraphs (a), (b) and (c) of
Section 19 of ordinance of Kansas City numbered 2336, approved July
7, 1909; and of paragraph 6, Section 2 of ordinance of Kansas City
No. 9701, approved August 19, 1911.
—20—
Section 15. Reservation by City of Right to Permit Other Companiei
to Use Portions of Company's Tracks and Property.
The City expressly reserves and shall have at all times the right
to authorize one or more street railway companies to run cars over
and along the tracks and to use the tracks, poles, wires, appliances,
power and electric currents of the Company as now existing or here¬
after constructed for the distance of six consecutive blocks, or less.
In addition thereto, the City also expressly reserves and shall
have at all times the right to authorize any street railway company
to run cars over and along the tracks and .use the tracks, poles, wires,
appliances, power and electric currents of the Company on said por¬
tions of its system known as the Main and Delaware loop, the Tenth
Street loop. Third Street loop. Cherry Street loop, and the Allen
Avenue Viaduct as the same are respectively marked and designated
on said Schedule "A."
Such permits shall be granted only by ordinance of the City, and
the using company, or companies, shall pay to this Company reason¬
able compensation for the use of such tracks and property, the
amount of which shall be fixed and determined by the Board of Con¬
trol, reserving to any party interested the right, by appropriate pro¬
ceedings, to have the finding and hearing of said Board reviewed.
During the pendency of any application for review, the using
company or companies shall, upon filing bond in such sum and with
such sureties as may be approved by the court reviewing said pro¬
ceedings, obligating itself or themselves to pay the amount due up
to the time when a reasonable compensation shall have been finally
determined, use said tracks and facilities connected therewith.
This section, in itself, shall in nowise be held to be a grant from
the City to any company, or companies, to use such tracks or prop¬
erty; but before such other company, or companies, shall have such
right, it shall be necessary for the law-making authorities of the
City, in proper manner and form, to pass the necessary ordinance,
or ordinances, therefor.
Section 16. Interurban Lines.
All connections between existing interurban lines and street rail¬
way lines shall be continued as they existed on the first day of Jan¬
uary, 1914, unless the City by reasonable ordinance, and after six
months' notice, shall require a connection to be made at another point.
All connections hereafter made between any interurban line and
tracks of the Company shall be made at the expense of the interurban
line, under the supervision and to the satisfaction of the Board of
Control, at the city limits or at such place or places within the city
limits as the City may authorize by ordinance.
—21—
" All connections shall be maintained by the Company at the cost
and expense of the interurban company, in good safe condition to the
satisfaction of the Board of Control. Just and true detailed state¬
ments of such cost and expense shall be certified by the Board of
Control and delivered to the interurban company, which shall repay
the amount thereof, within thirty (30) days thereafter, to the Com¬
pany; and in the event of failure so to repay the same, suit may
be brought thereon in any court of competent jurisdiction in Jackson
County, Missouri, to which such interurban company shall promptly,
after written notification thereof, enter its appearance and upon its
failure so to do all its rights and privileges to operate, or to have
operated, its cars upon or over the streets of the City, may be
revoked and annulled by the City.
The City reserves the right, at all times, by ordinance, to re¬
voke, cancel and annul all right, privilege and authority of any
interurban company to operate its cars or have the Company operate
them within the corporate limits of the City, in the event such inter¬
urban company shall fail t? promptly pay any final judgment rendered
against it under the provisions of this ordinance, or shall fail to
comply, within a reasonable time, with any reasonable order of the
Board of Control, or with any lawful ordinance hereafter passed
by the City.
All interurban cars now in use within the City may continue to
be used until the Board of Control shall order the use thereof dis¬
continued for the reason that the car ordered to be discontinued is
not fit or suitable for such use; and in such event the interurban
company shall replace every such car with other car§ that are fit and
suitable, in the judgment of the Board of Control, for use, within
the City, on the tracks of the Company.
At such points of connection the Company shall receive, upon
its own tracks, all passenger cars of such interurban lines and with¬
out delay place its own crews in charge of the same and carry the
cars, as its own, with the passengers thereon to such points in the
center of the business portion of the City as the Board of Control
shall direct, and shall, in prompt and businesslike manner, return
said cars to the place where they were turned over to it. While such
cars are in possession of the Company, on its own tracks, it shall
be responsible to the passengers, the public, the City and the
interurban lines for any negligent act or omission of the Company,
Its servants, agents or employes, to the same extent as though it
were the owner of such cars, and it shall defend, at its own expense,
all suits that may be brought against any interurban line to recover
damages on account of any such negligence, or alleged negligence,
and shall indemnify and hold harmless such interurban line against
all claims for damages arising from any defect in the Company's
tracks or ways and from any negligence of the Company, its agents,
servants and employes in operating such interurban cars while in its,
* . , •, . .
—22—
Any such interurban line shall indemnify and hold harmless the
Company against all claims for damages arising out of or connected
with any defects in any such car not due to the negligence of the
Company.
All interurban passengers on cars received by the Company at
connections authorized by the City at or near the city limits shall pay
the Company the same fare and shall be entitled to the same trans¬
fer privileges as though they had taken regular passage on the cars
of the Company.
The Company shall pay to" each existing interurban line for the
use of interurban cars while on the Company's tracks a sum equaling
fifteen (15) per cent of the amount received from each passenger who
is on such interurban cars when delivered to the Company at the
point of connection, and a like percentage of the amount received
from each passenger who is on said cars when re-delivered to the
interurban line at the point of connection, unless the Company and
such interurban line, with the approval of the Board of Control and
consent of the City, shall agree, in writing, upon some other amount.
All interurban passengers on cars received by the Company, at
points within the corporate limits of the City, shall be received by
the Company on such conditions as shall be prescribed by the City
at the time such connection shall be authorized.
In no event shall any passenger on any interurban car be re¬
quired to pay a fare in excess of the amount the Company shall then
be entitled to charge if such passenger had taken passage on the cars
of the Company at the city limits.
The Board of Control may determine and by written order
designate, from time to time, when- and where interurban cars may
be stopped to receive and discharge passengers, and whether or not
they shall stop to receive or discharge local passengers. Such orders
shall be posted and kept at places designated by the Board of Control
so that the public may be constantly advised thereof.
Interurban cars carrying milk, vegetables and the products of
market gardens shall be conveyed by the Company, for the interurban
company, as near- the public markets as the tracks of the Company
permit, and interurban cars carrying other express and freight shall
be carried to and from any stations maintained by such interurban
lines, with consent of the City by ordinance, and properly connected,
in the judgment of the Board of Control, with the tracks of the
Company by a switch or sidetrack upon which said cars may be
placed; and the Company shall, upon request of any interurban com¬
pany, approved by the Board of Control, and at the expense of such
interurban company, permit such connections to be made with such
station. The hours during which such freight and express cars shall
be operated shall be subject to regulation by the Board of Control
and by the City. The compensation for the transportation of such
—23-
cars carrying market products and freight, as aforesaid, including
the use of the tracks of the Company, and the power necessary for
such transportation shall be determined by the Board of Control with
approval by the City's directors, and shall, at all times, be just and
equitable, the interurban company continuing to be the owner and in
control of said cars while operated over or upon the tracks of the
Company.
The City expressly reserves the right by ordinance, at all times,
to regulate, control and to prohibit the carrying of freight and
express, and the operation of freight and express cars within the
city limits.
Interurban lines may carry, subject to control and regulation by
the Board of Control and by the City by ordinance. United States
mail, upon passenger or freight cars.
The City may construct, maintain and operate, or authorize any
corporation, person or association of persns to construct, maintain
and operate at such place as is reasonably accessible to the principal
retail business district of the City, as the Board of Control may
recommend and the City, by ordinance, designate, a central passenger
station for the handling of interurban passengers, baggage and ex¬
press, and United States mail.
The location of this station shall not be fixed for a period of
thirty (30) days from the time when this ordinance takes effect so
that the interurban companies now operating cars within the City
may be afforded an opportunity to agree, if possible, upon a suitable
location to be by them recommended to the Board of Control for its
consideration.
When any such central station shall have been completed, the
Company shall run all interurban cars operated by it into such station
within thirty (30) days after being ordered by the City to do so,
and shall thereafter continue to run such cars into such station until
otherwise directed by the City by ordinance. Such central station
shall be constructed according to plans and specifications approved
by the Board of Control, and shall be maintained and operated so as
to provide adequate accommodation for interurban passengers and for
proper care and protection of interurban cars, baggage and express
and United States mail. All tracks laid therein and connections
thereof with tracks of the Company shall be laid, made and main¬
tained under the direction and control of the Board- of Control, at
the cost and expense of the owner of such central station.
The Company shall construct and maintain, as part of its street
railway system, all tangent tracks, in the streets, necessary to enable
station connections to be made therewith.
All track construction made in any street by the owner of the
central station shall heonme and remain the nronertv of the Citv.
—24—
For such use of the central station each interurban line shall
pay to the owner of the station the fifteen (15) per cent aforesaid
paid it by the Company for each passenger received or delivered to
it as aforesaid at the point of connection; and the Company shall
pay to the owner of such station an additional sum in excess of the
amounts to be paid by the interurban lines, as above stated, not
exceeding five (5) per cent of the fare paid by interurban passengers
received from or delivered to interurban lines under the provisions of
this section; provided, that if and when any such station shall have
been constructed, there shall not thereafter be any diminution of this
proportion of interurban fares applied to the support of such station.
The foregoing provisions of this section shall only apply to such
of the interurban companies now entering the City as shall, within
thirty (30) days after the adoption of this ordinance, file with the
City Clerk written acceptance of this section, and agree to accept
the same as a substitute for and in lieu of all past contracts, or rights,
to use any of the tracks acquired by the Company.
No interurban car shall be operated within the city limits, over
any tracks of the Company, except subject to and in accordance with
this ordinance. Nothing in this section contained shall be construed
as any waiver of the right of the City to determine, in any instance,
whether or not it will permit interurban cars so to enter the City.
The' roùting, stopping and schedules of interurban cars shall be
supervised and directed in accordance with provisions of section 7
hereof.
The character of equipment to be used and service regulations
pertaining to such interurban cars within the city limits shall be pre¬
scribed by the Board of Control, subject to the approval of the City's
Directors.
The term "interurban" and "suburban" wherever used in this
ordinance are understood to be synonymous and when used in connec¬
tion with the word "line" or "company" or words of similar import, to
include any person, co-partnership, association or corporation owning
or operating or managing any interurban or suburban railway lines
operated otherwise than by steam locomotive.
Section 17. Carrying Parcels, Commodities, and Charges Therefor.
The Company under the supervision of the Board of Control may
carry on its lines United States mail and also light packages or par¬
cels, besides those in possession of passengers, but not in such man¬
ner as to interfere with the convenience and safety of passengers or
with passenger traffic.
The City reserves the right to regulate and to prohibit the carry¬
ing of packages on street cars within the city limits. All charges
for such services shall be compensatory, uniform and reasonable.
—25—
Section 18. Motive Power.
The motive power to be used in said street railway shall be
electricity applied by the overhead trolley system. The City shall
have the right, at any time after three years from the date of the
adoption of this ordinance, to require any portion of the street rail¬
way lines in congested business districts of the City to be operated
under this ordinance by electric energy transmitted through feeder
wires and working conductors carried in conduits below the surface of
the street, otherwise known as the underground trolley system, and, if
and when the City shall make such requirements, the Company shall
cease to operate such portion of the system by overhead trolleys; pro¬
vided that the City shall exercise its power in this regard in a reason¬
able manner and not require at any one time an excessive investment
of money for such purpose. The motive power shall not be changed
without the consent and authority by ordinance of the City.
Section 19. Power House and Plant.
The Company shall at all times maintain, within the corporate
limits of the City, power plants, car houses, storage houses and re¬
pair shops, complete and adequate in every respect, and properly
and sufficiently equipped, for the purpose of operating its lines therein,
according to the true intent and purpose of this contract.
Section 20. Paving.
The Company, under the supervision of the Board of Control,
shall pave and keep constantly in good condition and repair, the
streets between its tracks and between the rails thereof and for
eighteen inches beyond each outer rail, and shall repave the same
when necessary. It shall perform a like obligation under direction of
the Board of Park Commissioners where its tracks are laid in any
boulevard paved for its entire width.
Where any track of the Company has been or hereafter shall be
laid on park land or along an interior parkway, the Company shall
pave for a distance of thirty inches outside of each inner rail and
between the rails and for eighteen inches outside of each outer rail
at all street crossings, and at all other points where the plans of
the Board of Park Commissioners for the improvement of such lands
or parkways shall call for paved surfaces, with such material and
in such manner and at such times as the Board of Park Commis¬
sioners may require, and at all times keep the same paved and in
good condition and repair; and, also, construct, reconstruct and main¬
tain in good repair sidewalks between the rails of each track and
for a distance of eighteen inches outside of each outer rail of each
track at all street crossings, and extend the same as the Board of
Park Commissioners may direct to a distance of not more than
seventy-five feet from the respective curb lines of such cross streets.
At all other locations along such tracks the Company shall cause the
—26—
space between its tracks and between its rails and for a distance of
eighteen inches outside of each outer rail to be filled level with the
track surface, and to be kept in grass and properly care for and
maintain the same. All tracks and electrical distribution systems
shall be installed and maintained and all paving and other work
done in park lands, and parkways in such manner, at all times, as
the Board of Park Commissioners may consent to and approve.
If the Company neglect, fail or refuse to perform any such
obligation for a period of thirty days, when directed by the City, then
the City may so pave, repave, improve and repair such part of-the
street, boulevard or parkway at the expense of the Company, or
cause such work to be done, and the Company hereby agrees and
promises to pay the cost thereof to the City, if it has done the work,
or to any party doing the work at the direction of the City, with
interest at the rate of seven per cent per annum until paid and the
same shall be a public charge within the meaning of subdivision 1
of section 27 hereof. The failure of the City to exercise such right,
however, shall in nowise relieve the Company from the performance
of its obligation. Upon extensions hereafter made upon streets which
have not been paved the Board of Control shall, until the remainder
of the street is paved, determine whether the space aforesaid shall
be paved.
The Company assumes and agrees to pay whatever liability, if
any, may exist from time to time against" the City for damages sus¬
tained by persons or to property by reason of the defective condition
of any part of the streets, boulevards, parkways or sidewalks, re¬
quired herein to be paved and kept in repair by the Company, and
agrees to repay to the City any and all sums of money, with interest,
which the City shall be obliged to expend to satisfy any such claim
or judgment.
On all streets the surface of all pavements and rails shall con¬
form to and be on the same level as near as practicable as the estab¬
lished grade, but if not established, then to the surface of the existing
grade.
If the Company, at any time, in constructing, reconstructing or
repaving its tracks, road beds, conduits, poles or pavement shall in¬
jure, disturb or damage the pavement outside of the eighteen inch
space outside of its rails, or any sidewalks or other property in or
under the street or sidewalk, it shall reconstruct, renew and restore
the same to as good condition as before it began the work which
resulted in such damage or injury, or pay therefor.
All excavations and openings made in streets, ways and public
places, and all restoration and repairing thereof shall be made and
done under the supervision and control and to the satisfaction and
approval of the City.
—2?—
■»
Section 21. Grading. ^
-• \ Î ^ ir,"» «» <■ "
Whenever, pursuant to the authority_,an4 píyectio-^ oí, .thé. C5t^
any part of the street, upon which said Company, ¡ihall.construct, or
may have constructed, any line, shall have the çrâ4i ih,çip&f,'changed,
or, if said street be graded or regraded, then, and in such event, the
Company (at its own expense) shall grade and regrade that portion
of such street which it is required to pave and keep in repair by this
ordinance, and construct or reconstruct its lines and appurtenances
upon the street as changed, graded or regraded, and pay therefor,
waiving all claims against the City for damages for such change of
grade or regrading.
If at any time the Company shall be granted the right, and pro¬
poses, to lay tracks on any street, or part thereof, on which the
grade shall not have been officially established, the City, at the
request of the Company, shall cause the grade to be established.
Section 22. Tracks to Be in Center of Street—Company to Conform
to Change in Width,
The tracks of the Company shall be laid as nearly as practicable
substantially in the center of any and all streets occupied by it, and
any existing track not now substantially in the center of the street
shall be taken up and relaid in the center thereof, unless the Board
of Control, with the consent of the City, by ordinance, shall otherwise
order. The City may require the Company to re-locate, reset and
adjust its poles, equipment and tracks, conduits and other property to
conform to any change made by the City in the width of any street.
Section 23. Abandonment of Street by Company.
Whenever the Company, pursuant to any ordinance or order of
the City, removes any of its tracks from any street, then all of the
rights of the Company upon the parts of the street from which the
rails have been removed, shall then and thereafter immediately cease,
and the Company shall at once remove its poles, wires, conduits and
other property therefrom; and shall restore the portion of the street
disturbed and the paving thereon to a condition satisfactory to the
Board of Public Works, failing in which, the City may make such
removal of the tracks and restoration of the streets at the cost and
expense of the Company.
Section 24. Street Sprinkling and Cleaning.
The Company shall under the direction of the proper City author¬
ities sweep, and keep clean at all times, and also free from snow and
ice, and sprinkle or oil that portion which, by this ordinance, it is
required to pave and keep in repair, of each of the streets, boulevards
and parkways in or along which any of its tracks have been, or shall
hereafter be placed under authority of the City. All such sprinkling
and oiling shall be done, and snow, ice and street sweepings shall be
removed from the street, by the Company. If the Company fails to
perform these obligations and such work, or any part, of it is done
■28—
by the City,* then the Company shall pay to the City reasonable com-
^IjèhsâtJon.therefor.' "If"it sh"aU he found practicable to have the streets
■ Occupied by Vue CGráijany'a bracks swept their entire width by the
Company; or to have street sweepings, garbage or other refuse re¬
moved by meanV of streTet cars at night, the Company shall perform
such service, or so much thereof as shall be found to be practicable,
when ordered so to do by the City. The Company shall receive for
such services reasonable compensation to be ascertained and fixed by
the Board of Control. In case the Company shall be called upon to
remove street sweepings, other than such as it is herein required to
remove, garbage or other refuse, the City shall furnish suitable and
convenient dumping grounds therefor and permit the Company to
connect its tracks and other necessary construction work with such
grounds. The Company shall procure and keep suitable cars and
material for use in removing snow, ice and street sweepings required
by this ordinance to be removed by it and shall, under the supervision
of the Board of Public 'Works, connect its tracks and other necessary
construction work with property necessary to be used for such pur¬
poses.
The City shall furnish to the Company, free of chárge, under the
control of the Water Department, all water necessary, or essential,
for the sprinkling of streets, boulevards and parkways under the
provisions of this ordinance.
Section 25. Capital Value of Property.
The capital value of all of the property of the Company in Mis¬
souri is hereby fixed at Twenty-five million, six hundred forty-eight
thousand, eight hundred and six dollars and fifty-six cents ($25,-
648,806.56), and to this value shall be added and made part thereof
the cost, to be ascertained as herein provided, of all additions, exten¬
sions and betterments of and to its street railway system, its equip¬
ment and all necessary appurtenances in Missouri (including bridges
and rights over viaducts and through subways), made after May 31st,
1913, properly chargeable to capital account.
The value of the property as specified herein is arrived at by
taking into consideration the value, of all existing property in Mis¬
souri on May 31, 1913, together with the value of its earnings for the
fixed period of existing contracts with the City, as well as the sum
total of moneys actually expended from time to time in the building
up of said properties, and the amount stipulated herein is a compro¬
mise between the Company and the City of their respective calcula¬
tions concerning said property values. If the value of the properties
as herein fixed be the subject of investigation or inquiry by any person
or tribunal authorized thereunto, the Company shall have always the
right to assert and prove all matters and things in support of such
values as fully as its predecessors might have done on said May 31,
1913, provided that nothing herein shall be so construed that the value
herein stipulated shall be increased.
—29—
The Company agrees to procure such new money as, together with
such portions of the surplus as by this ordinance may be used to pay
for extensions and additions to property in Missouri, will provide the
following sums of money with which to pay for additions and exten¬
sions to be made in accordance with this ordinance, to-wit:
1914 to 1918 (inclusive), $650,000 per annum,
1919 to 1923 (inclusive), $725,000 per annum,
1924 to 1928 (inclusive), $775,000 per annum,
1929 to 1933 (inclusive), $825,000 per annum,
1934 to 1938 (inclusive), $875,000 per annum,
1939 to 1943 (inclusive), $925,000 per annum.
Such new money shall be added to and become a part of the
capital value. It is understood and agreed between the parties to this
contract that if the net earnings of the Company, in the aggregate,
exceed, or be less than 35 per cent of the gross receipts of the Com¬
pany, in any year, then the amount so to be annually expended in
extensions and additions to property shall be correspondingly increased
or diminished.
The obligations of the Company to procure said respective
amounts, to be used for said purposes, shall continue notwithstand¬
ing the City may determine by any method prescribed in this ordi¬
nance to use portions, or all, of its share of the net income for other
purposes.
Section 26. Supervision of Additions, Extensions, Maintenance and
Renewals—Classification of Expenditures.
All extensions of and additions to the street railway system pro¬
vided for, or required by this ordinance shall be constructed or ac¬
quired by the Company under the supervision of the Board of Control ;
and no contract or sub-contract therefor, or payment thereof, shall
bo made without the written approval of said Board.
The Company under the supervision of the Board of Control shall
acquire materials and equipment and employ such an organization
as is essential to the proper execution of such work, upon the lowest
advantageous terms.
The Company shall, on or before the 20th day of each month,
make a written report to the City Comptroller as of the last day of
the preceding month, of the amount of money actually expended dur¬
ing the preceding month under the provisions of this section. Said
report shall be certified by the Board of Control as a true and correct
statement.
The total amount so certified by the Board of Control shall be
added to the capital account as of the first day of the month in
which such report is herein required to be made^ and shall be final
and conclusive upon both parties, except only said Board may, at any
time within six months after the date of any such certificate, correct
any error or omission therein by certificate, in writing, filed with the
City Comptroller.
—30—
The cost of mainteHance, repairs, renewals and depreciation of
the entire system, and every part thereof, as it exists from time to
time shall be paid for out of earnings of the Company and shall be
charged to the Maintenance and Renewal Fund as provided for in
section 28.
In the event of any one or more cars or other parts or portions
of the property once charged to capital account being destroyed or
rendered unfit or unsuitable for use, the Company will replace such
cars or parts of the said property with other cars- or property of the
best character, grade, and quality; provided, however, that in the re¬
placement of any cars or any other property either existing or here¬
after acquired there shall be charged to capital account only the ex¬
cess amount that the new property cost over the original cost of the
property displaced.
There has been filed in the office of the City Clerk an appraisal
inventory by Bion J. Arnold, and also an appraisal inventory by
L. R. Ash, as of May 31, 1912, in which the engineers do not agree
as to depreciated physical value, exclusive of other elements of
value, of certain property. There has also been filed in said Clerk's
office a reconcilement of said values by P. J. Kealy and L. R. Ash,
dated September 6, 1913, wherein it is agreed that such depreciated
physical value of all property in Missouri and Kansas, May 31,^1912,
was $22,500,000. The agreed apportionment thereof between Mis¬
souri and Kansas is in the ratio of 84% and 16%, respectively, there¬
by fixing the depreciated physical value of the property in Missouri,
exclusive of other elements of value. May 31, 1912, at $18,900,000.
There has also been filed in said Clerk's office a statement dated
September, 6, 1913, by P. J. Kealy and L. R. Ash, showing that be¬
tween May 31, 1912, and May 31, 1913, the receivers added to prop¬
erty value in Missouri $600,000, making the total depreciated value,
exclusive of other elements of value, of the physical property in Mis¬
souri $19,500,000, as of May 31, 1913. It shall be the duty of the
Board of Control, within ninety (90) days after this ordinance is
adopted, to adjust said appraisal inventories and settle the differ¬
ences in detail therein, but so as not to increase or decrease the
totals of the valuations as stated in this paragraph of this Section 26.
Such adjustment shall be certified by the Board of Control, marked
"Board of Control's Adjusted Appraisal Inventory," and filed in the
office of the City Clerk.
It is agreed that when and as the physical property contained in
said "Board of Control's Adjusted Appraisal Inventory" is renewed
or replaced, the difference between the cost of the renewal or replace¬
ment and the value of the property renewed or replaced, as fixed in
said last adjusted appraisal inventory shall be added to or deducted
from capital value as such cost is greater or less than the value so
fixed therein unless paid for out of the surplus credited to the City,
as provided in paragraph 4, section 27, or out of the City's share of
surplus as provided in paragraph 5, section 27.
—31—
The City's representatives, or a majority of them, on the Beard
of Directors, may reject any and all bids for material and for work,
constituting additions to capital, and may, in such cases, order the
Board of Control to let contract or contracts therefor in accordance
with plans and specifications prepared by, or under the super\lsion
of said Board of Control; provided that no such contract shall be let
for a sum in excess of that for which the Company will agree to
do the work.
Section 27. Disposition of Earnings.
Out of each year's gross earnings of the Company in Missouri
there shall be paid for and on account of the property therein in this
order:
1. All expenses of management and operation, including all
expenditures needful and necessary to put, keep and maintain the
property, and every part thereof, in first-class condition, and provide
for the public first-class modern street car service.
All taxes, license fees, or public charges and special assess¬
ments of every kind and character, including all public charges upon
or for earnings, or income.
2. To the Company, an amount equal to 6 per cent per annum,
cumulative, payable semi-annually, upon the amount of the capital
value from time to time determined and certified as herein provided.
By the word "cumulative" is meant that if the earnings for any six
months are not sufficient to pay at such rate of six per cent, then such
deficiency with interest thereon at the rate of six per cent shall be
paid from future earnings, if any, when made.
3. All liabilities for personal injuries and damages to property,
including claims due the City up to the time of the adoption of
this contract, whether same accrued before, during or after the
receivership, shall be paid as a special operating expense, subordi¬
nate only to the payments provided for m paragraphs 1 and 2 of this
section, and prior to any participation by the City or Company in net
income. If money be borrowed to pay off such liability, then the sum
so borrowed and paid with interest at the rate charged shall be paid
the same as the original liability.
4. The remainder of the earnings, which is here denominated
surplus income, shall be credited to the City from time to time, and
shall be used by the Company to pay for extensions and additions to
the property until the sum of $6,300,000.00 is so used. Such credits
to the City shall be made upon the books of the Company and evi¬
denced by certificates, executed by the President of the Company,
certified to by the Board of Control, in form to be approved by the
City Counselor, and delivered to the City Comptroller, to the effect
that the City is the owner of an equitable interest in the property
of the Company to the extent of the amount of surplus so used (stat¬
ing the total amount thereof so used to date) subject to the Com¬
pany's right to capital value, the return thereon and participation, as
defined in this ordinance. No part of said sum and no part of the
—32—
value of any additions or extensions acquired by the use thereof shall
he added to or become a part of capital value, or he considered as a
payment in reduction thereof.
5. When said surplus income to the amount of said sum of
$6,300,000.00 shall have been used as specified in paragraph 4 of this
section, then and thereafter the surplus income shall he divided and
paid, two-thirds to the City and one-third to the Company. The two-
th'irds belonging to the City shall he credited to it upon the hooks of
the Company and, until the City ordains, in manner hereafter in this
clause of this section specified, that the whole or any part thereof be
used for other purposes, it shall he used either (a) to reduce and
pay off capital value, or (h) to the payment so far as it may he
needed of the cost and expense of additions and extensions, made with
written approval of the City's directors, to the property, the remain¬
der, if any, to he used in redu-ctioh of capital value, and as and when
so used it also shall he evidenced by certificates as aforesaid.
The City expressly reserves, and shall have the continuing rights,
at any time after said sum of $6,300,000.00 shall have been paid,
first, by ordinance, to reduce fares and thereby diminish the amount
of its share of surplus income, hut shall not so exercise such right as
to materially impair or reduce the amount of the Company's share
below the amount the Company would have received if the rate of
fare had not been reduced; and, second, by ordinance approved by
vote of the people at an election to he held as provided by law and
ordinances then in force, to direct that the whole or any part of its
surplus income he used for any public purpose whether herein men¬
tioned or not, and such part thereof as shall he ordained to he used
for such other purpose shall he paid semi-annually in cash to the
City.
The Company or a nominee to he named by it shall he held to be
the agent and attorney in fact for all trustees, mortgagees, bond¬
holders, stockholders, and all persons claiming under it or them, to
agree with the City as to the amount of such credits, and the acts
of the Company or its nominee in the premises shall he binding and
conclusive upon the Company, all trustees, mortgagees, bondholders,
stockholders and all persons claiming under it or them.
When and as the City's surplus is used to pay off and reduce
capital value, the method by Which such reduction is made must he
satisfactory to the City Comptroller and satisfactory evidence thereof
delivered to him. And when and as the City's surplus is used for
additions or extensions, certificates shall be issued and delivered to
the City Comptroller as provided in this section.
When and as said surplus is used either to reduce capital value
or to pay for additions or extensions it nhall he deemed and taken
to he an investment by the City of so much money in the property
towards the acquisition of title to the property as hereinafter pro¬
vided, and to that extent the City shall become and he an owner of
an equitable interest in the property subject to the Company's right
\ —33—
\
to «capital value, the return thereon and participation as defined in
this ordinance. Capital value, as defined in this ordinance, shall not,
to any extent, or for any purpose, be increased by reason of the use
of the City's surplus in additions or extensions, notwithstanding value
may have thus been added to the property. The amount of the City's
share of the surplus used for these purposes shall be considered for
the purpose of determining the time when the Company's right to
participate in the earnings shall cease and the City's right to posses¬
sion of the property as hereinafter provided shall mature.
When and as capital value is reduced, the six per cent return
thereon shall abate and cease pro tanto. The rights and interests
of the Company, shareholders, bondholders, mortgagees and all per¬
sons claiming any interest in the property under or through the
Company shall be restricted and confined to and be no greater than
the right to be paid the capital value of the property from time to
time, so that the City now and hereafter shall be equitably entitled
to all and every part of the property of the Company subject only
to the obligations against the same including all extensions and addi¬
tions to the property, excepting those built under subdivision (b) of
section 11 hereof, to pay off and satisfy the capital value, return
thereon and the Company's right of participation.
All the terms, conditions and covenants in this contract contained
shall be construed as covenants running with the property in what¬
soever manner the same may be mortgaged, sold, transferred or con¬
veyed.
Section 28. Percentage of Earnings to Be Applied to Maintenance,
Repairs, Renewals, Depreciation, and Damage Claims.
At the beginning of each fiscal year the Board of Control shall
determine what percentages of the gross earnings for that year shall
be used during that year for (a) maintenance, repairs, renewals and
depreciation, and (b) for personal injuries and property damage
claims arising after the adoption of this contract. The amounts so
determined for any year for maintenance, repairs, renewals and de¬
preciation shall not be less than sixteen per cent of the gross earnings
of the previous year, and that for damage claims not less than four
per cent of such gross earnings, and shall be set aside and reserved
by the Company on or before the 10th day of each month, in equal
monthly installments, out of the gross receipts of the next preceding
month. If the full percentages of the gross earnings assigned to
either subdivision (a) or (b) be not in any year actually expended,
then the balance of such fund shall be separately deposited and cred¬
ited on any amount, in excess of said percentages, determined to be
necessary to be set aside for the same respective purposes during the
next or any succeeding year. In the event the City should purchase
the property, the accumulation on hand for maintenance, repairs,
renewals, and depreciation shall be paid to the City, and those reserved
for damages shall be applied to the payment of such claims and the
■34—
balance, if any, shall be applied to the current liabilities of the Com¬
pany. The depositary, on demand of the Company or City, may
invest and loan the money so deposited under said subdivisions
(a) and (b) so as to obtain a reasonable return of interest.. All
checks drawn against the funds reserved as in this section provided,
shall be countersigned by the Board of Control. The percentages
fixed as aforesaid shall in nowise limit the obligations of the Com¬
pany to keep the property in first-class condition, or to pay just
claims against it for personal injuries or damages to property. The
Company shall not be a guarantor of any bank or banking institution
in which the above mentioned funds shall be deposited.
Section 29. The Right of the City to Acquire the Property.
The City reserves and the Company agrees that the City shall
have the right, to be exercised to the extent to which it now has, or
may hereafter have, the power to become the owner and to take pos¬
session of the property of the Company in Jackson County, Missouri,
in the following methods, to-wit:
(a) Whenever, by the application of the City's share of the sur¬
plus to the reduction of capital value ascertained and fixed in accord¬
ance with the terms and provisions of this ordinance, the capital value
shall be reduced or become equal to an amount not in excess of 50%
of a sum made up of the capital value of the property and the cost
of extensions and additions made pursuant to paragraphs 4 and 5 of
section 27 hereof, then and without more, the City shall at once become
the owner of all of the property of the Company in Jackson County,
Missouri, and entitled to possession thereof, subject only to a lien
securing the payment of the balance unpaid of the capital value in
Missouri, and any mortgage securing same or any part thereof, and
the Company shall, on demand of the City, execute and deliver to the
City, such instruments as shall be essential to convey to the City fee
simple, absolute title to said property, subject only to the liens last
above mentioned.
(b) Whenever, at any time by the application of the City's
interest in the surplus income to the reduction of such capital value
and to the payment for extensions and additions to property and by
pa3mient, by the City to the Company, of cash, the capital value shall
be so reduced, or the actual value so increased, as that unpaid portion
of the capital value shall not exceed 50% of the sum mentioned ih
subdivision (a) of this section, then if the City shall also pay to the
Company, in cash, the value of the remainder of its right to partici¬
pation and the cost, if any, of redeeming before maturity such mort¬
gage bonds of the Company as it may be necessary to redeem in
order to accomplish the purpose aforesaid, not exceeding a premium of
three per cent on the bonds to be so redeemed, the City shall there¬
upon become the owner of all said property in Missouri and entitled
to possession thereof, subject to a lien to secure the payment of the
unpaid portion of the capital value and any mortgage securing same
or any part thereof, and the Company shall execute and deliver to
—35—
\
thé City, on demand of the City, such instruments as may be essen¬
tial to vest in the City fee simple, absolute title to said property free
and clear of all encumbrances except the liens last above mentioned.
Whenever such capital value shall be reduced by any of the
methods aforesaid to 50% of the sum aforesaid then the Company's
right to participation in the surplus shall cease and the entire sur¬
plus shall belong to the City.
(c) The City may, at any time, pay for the entire capital value
ascertained and fixed according to the terms of this ordinance. If the
City exercises this right prior to the time such capital value shall
have been reduced by the methods aforesaid to one-half of the sum
aforesaid the City shall also pay to the Company the value of the
remainder of the Company's right to participation in the surplus
income, as defined in Section 27 of this ordinance, and also the cost
of redeeming, before maturity, mortgage bonds in order to accomplish
said purpose, not exceeding a premium of three per cent on the bonds
to be so redeemed. In such event, the Company shall execute and
deliver to the City or its nominee such instruments as may be essential
to vest the title to said property in the City, or its nominee, free and
clear of all liens, encumbrances and charges of every character what¬
soever except such as the City may then, by ordinance, agree to and
authorize. If, however, before the Company's right to participation
in the surplus income begins, the City should pay in cash the entire
capital value and also all sums due as a return thereon, as well as
the said sums necessary to redeem bonds, then there shall be no pay¬
ment on account of the value of the said right of participation, but
in such event the City shall take the property only for municipal op¬
eration and ownership, and shall continue to own and operate the
property for a period of five (5) years thereafter. In the event the
City shall desire to sell and convey said property, or to grant the
right to operate the same, to another than the Company, its suc¬
cessor or assigns, within said period of five (5) years, then and In
either such event the City shall pay to the Company the full .value
of the Company's right of participation in the surplus income as de¬
fined in said Section 27. In the event the City exercises any option
under this section, it shall give to the Company six months' written
notice.
Section 30. Supervision by the City in Relation to Mortgaging the
Property.
Any and every mortgage shall conform and be subject to the
provisions of this ordinance. The Company may mortgage the whole
or any part of its property owned at the time of the adoption of this
contract, or acquired pursuant to Section 1 hereof, as well as that
thereafter added to it under the provisions of this ordinance, except
that it shall have no power to encumber or charge any line or exten¬
sion built by the City or inhabitants thereof under the provisions of
subdivision (b) of section 11.. It may be made to secure not only
-^36—
obligations then to be, but also those thereafter to be, from time to
time, issued. It may include all property in Missouri and Kansas,
but in that event that portion of the property which is in Missouri
shall not stand as security thereunder for so much, if any, of the
obligations, at any time outstanding, as are in excess of the then cap¬
ital value of the part of the property in Missouri, and it shall be
discharged and released as to such property when such capital value
and the return thereon has been paid. If, however, it includes only
the property in Missouri, then the aggregate amount of bonds at any
time issued and outstanding under all mortgages which are liens upon
such property shall never exceed the then capital value as herein
defined. Whenever the City acquires the property under the provi¬
sions of section 29, all such mortgages, so far as they are liens upon
the property acquired, shall be closed and the principal indebtedness
thereby secured shall not be increased.
In the event mortgage bonds theretofore issued by the Company
and then outstanding shall be in excess of the amount subject to
which the property is to be conveyed to the City under this ordinance,
then the City shall have the right to designate which of said bonds
up to the amount subject to which the property is to be conveyed
to the City, shall continue to be secured by the lien of such mortgage
on property then acquired by the City from the Company.
Every mortgage executed by the Company must be expressly
made subject to the terms and provisions of this ordinance, and must,
before the same shall be valid, be approved by the City Counselor in
writing endorsed thereon.
In aid of the present contemplated plan of reorganization and
the refunding of the present existing bonded and mortgage debt
against the property, the Company is authorized to execute a mort¬
gage, as above provided, and issue thereunder bonds of an ámount
not in excess of the then capital value, as herein defined. If such
mortgage conforms, and is expressly made subject, to the terms of
this ordinance, it shall be mandatory upon the City Counselor to
approve the same.
Thereafter, the Company shall, before making any increase of its
stock or bonded indebtedness, notify the City's Directors of such pro¬
posed increase. No such increase shall be made so as to make the
total outstanding stock and bonds in excess of the limitations pro¬
vided for in section 4 hereof.
Should the Company go into bankruptcy or into the hands oí
a receiver, or the property be sold by foreclosure or otherwise the
interest of the City therein shall not be affected or sold, but any
and every receiver, trustee, purchaser and successor of or to the inter¬
est and rights of the Company shall be bound by this contract and
recognize the interests of the City as herein defined and take the
property subject to the same, and carry out all the obligations im¬
posed upon the Company by this ordinance.
=-S7—
Section 31. Regulation of Salaries.
The Company shall pay to each of the members of the Board of
Control, the same salary for services as members of said board, not
to be less than six thousand dollars, nor more than ten thousand
dollars per year. Such salary shall be approved by the City Directors.
The Company shall pay the arbiter such compensation as shall be
fixed by the Board of Control and the arbiter in their award. The
Company shall pay its officers, agents, attorneys and directors such
compensation as will be commensurate with the services required of
them respectively, taking into consideration the compensation paid
to officers, agents, attorneys and directors and members of like
boards of other corporations of similar character for like services.
The City Directors may object, in writing, delivered to the Company,
to the payment thereafter of excessive compensation, salary or wage
to any officer, a'gent, employe, attorney or director except as to
members of said Board of .Control. Such objection shall be consid¬
ered and determined by said Board of Control. In the event of their
disagreement, arbitration shall be had as provided in section 6 of this
ordinance.
Section 32. No Discrimination in Employment for or Against any
Labor Organization.
In the employment of its employes and servants, the Company
shall not discriminate either in favor of or against any person because
of his or her affiliation with any labor organization.
This clause may be enforced in any appropriate proceeding by
any person affected.
Section 33. Insurance.
The Company shall, at all times, keep insured to the extent re¬
quired by the Board of Control, in responsible companies, all build¬
ings, cars and other insurable property, against loss by fire and oth¬
erwise, and the premiums for such insurance shall be paid as oper¬
ating expenses. If the Company shall fail for five days after being
requested to do so by the Board of Control to procure insurance as
required, the Board of Control shall have the right and it shall be
their duty to procure for the Company such insurance and to pay
therefor by check or otherwise out of any money belonging to the
Company. This contract shall be authority to any depositary of such
money to pay any such check. In case of the destruction or damage
by fire or otherwise of any such property, where the insurance is in
the amount required by the Board of Control, the - Company shall
apply the amount of insurance collected on account of such loss to
restoration of the property or to the purchase of new equipment, as
the Board of Control shall direct, and in no event shall any sum so
expended be charged to capital account. If the loss should exceed
,the amount of insurance required by the Board of Control and col¬
lected by the Company the excess shall be charged as an operating
expense.
-as-
Section 34. Right of the City to Intervene and Protect Its Interest in
Any Litigation Brought by or Against the Company.
The City shall have the right at all times to take pprt by its
counsel in any suit or action instituted by or against the Company,
in which any judgment or decree can be rendered foreclosing any
lien on any of the Company's property or requiring the Company to
pay money, or affecting the rights, powers or duties of the Company
to do or not to do anything which by this ordinance it may be re¬
quired to do or not to do, and also to take such steps in any such
proceeding as may be deemed essential to protect the interest of the
City.
No claim against the Company shall be compromised, settled or
paid over the written protest of the City Directors, unless approved
by the Board of Control.
Section 35. Watchmen and Lights.
(a) The Company shall place and maintain electric arc lights
at all points where its tracks cross the tracks of any other company
at grade, and at points where there are dangerous curves and where
lines of track intersect, cross or form a junction, and at such other
points of danger as the Board of Control or the City, by reasonable
ordinance shall designate or require.
(b) The Company shall, at all times, station and keep watch¬
men, whose duties may be prescribed by reasonable ordinance, at all
points where its tracks cross the tracks of any other company and
at such other points of danger as the Board of Control or the City,
by reasonable ordinance, may designate.
The persons in charge of any car shall not, at any time, act as
flagmen or watchmen without the consent of Board of Control.
(c) Where a track of the Company crosses one or more tracks
of any other company, the City shall, by ordinance, direct and require
such other company to pay such proportion of the expense of estab¬
lishing and maintaining lights and watchmen as provided in clauses
(a) and (b) of this section as will be just and right; but, any neglect
or failure of such other company to comply with any such ordinance
shall not, in anywise, qualify or affect the obligations of the Company
to establish and maintain such lights and watchmen.
When the Company, in any instance, pays the whole expense of
establishing and maintaining such lights or watchmen it may, in the
name of the City, but at the Company's expense, maintain such legal
proceedings against any such other company or companies as may b«
necessary to compel them to comply with any such ordinance, includ¬
ing this, and to repay the Company any amounts it may be entitled
to recover.
—39—
Section 36. Company to Transport Earth and Material from Station
Park.
The Company shall haul and transport over its lines, free of
charge to the City, the earth and material not in excess of 300,000
cubic yards, necessary to be removed in the grading and improve¬
ment of the tract of land near the new Union Station known as
Station Park, according to plans prepared therefor by the Board of
Park Commissioners, from the most .convenient point on its system
by temporary tracks to be placed on said land connected with tracks
of the Company, at convenient points near said land, to such points
on the Swope Park line, between Paseo and Indiana Avenue as the
Park Board may direct, using such of the Company's own cars as it
can reasonably use for such purposes and such as may be provided
therefor by the Board of Park Commissioners. Such work shall be
done and cars moved and handled over said line under the super¬
vision of the Board of Control at such times and in such manner as
will not interfere with ordinary and usual passenger traffic.
Section 37. Water Main Privilege Over Kaw River Bridges.
The Company does hereby insofar as it has any right so to
do permit the City, free of cost, at any time while this contract is
in force, to lay one or more water mains over any bridge across the
Kaw or Kansas River, which it may have or maintain; provided that
the safety of each bridge is not impaired thereby and that the City
shall have the right to strengthen the same if it desires.
Section 38. Special Fire Pressure System.
The Company shall, at any time when called upon by, free of
cost to, and at the risk of the City, furnish convenient to its power
house, such power as may be necessary to operate special fire pumps
not exceeding five hundred (500) horse power, to be used in case of
fire, with also the men necessary to start up and shut down the
pump motors, at such times as the City shall indicate.
Section 39. Poles, Wires, Etc.
The Company may erect and maintain all poles and wires neces¬
sary to be used in operating its said property, power houses and
. street railways. The Company is also permitted to enter upon, ex¬
cavate for and construct a system of conduits in the streets, alleys
and other public ways of the City of sufficient capacity to carry
such of its'' feeder wires as may be placed underground. Feeder
wires may, until placed underground, be suspended upon poles placed
in streets, alleys, or other public ways, in locations selected by the
Board of Control and approved by the Board of Public Works. The
Company is further permitted to use its poles, wires and conduits,
herein provided for and authorized, for all purposes connected with
the operation of - its street railways and to make all necessary con¬
nections.
—40—
The Company before making any excavation in any street or
other public place of the City for any of the purposes aforesaid, shall
procure a permit from the Board of Public Works or such officer
thereunder as may be authorized to issue such permit.
Section 40. Joint Use With the City.
The City shall have the right, for municipal purposes only, -with¬
out the payment of any compensation therefor during the life of
this grant, to U're the poles and conduits of the Company to carry
the signal, telephone, telegraph and electric light wires and lamps
of the said City. The transmission wires of the said City for such
purposes shall be placed on poles of the Company on that side of
each street or way (where poles are located on both sides thereof) and
in conduits then existing, designated by the said Board of Control,
without cost or expense to the Company, but the Company shall re¬
pair and maintain its poles and conduits as an operating expense of
the said street railway system under this ordinance; provided, that
the said City shall indemnify and save harmless the Company against
and from all damages, judgments, costs or expenses which the Com¬
pany may suffer by reason of any negligence of the said City in,
or electrolysis or accidental injury from, installing, maintaining or
using its said wires and lamps upon said poles and wires in such
conduits. Nothing in this section contained shall be construed to
give the City the right to use such poles or conduits for the pur¬
poses of supplying power or light to private consumers in the event
the City hereafter establishes a municipal electric light plant. Tht
Company shall furnish, as part of its operating expense, free of
charge, electric power to charge and keep charged the storage bat¬
teries of the police and fire alarm systems of the City.
Section 41. Special Work, Curves, Etc.
The Company may maintain all present track special work and
construct, maintain and operate, within the streets, alleys and public
places upon which tracks of the Company are, or shall be, located,
by authority of the City, all track special work and connections,
necessary or convenient to connect the tracks now existing or which
may hereafter be constructed pursuant to the terms of this ordinance,
or necessary or convenient to connect said tracks, or any of them, or
its tracks on private property, with power houses, sub-stations, car
houses and shops, yards and other property now or hereafter used
or required to be used in the operation of its street railways under
the powers given by this ordinance.
Section 42. Sale of Surplus Power and Energy.
The Company is required to sell and dispose of all electrical
energy and the use of all instrumentalities of transmission not need-;
ed in the operations of the Company, upon such t^rw? and to such
—41—
persons as may be ordered by the Board of Control, especial consid¬
eration to be given to the requirements of interurban lines.
No such contract shall be made for a longer term than five years
with any electric light company, or manufacturer or retailer of elec¬
tricity, including the City in event it shall engage in the business of
manufacturing or selling electricity.
Section 43. Laying and Repairing Water Pipes—Sewers.
When it shall be necessary to remove any of the tracks for the
purpose of laying or repairing water pipes, constructing sewers or
for any public purposes whatever, the Company shall promptly, upon
notice from the City, remove such tracks and replace the same and
pay therefor; provided, however, that the City, in doing such work,
shall use all reasonable expedition so as to interfere with travel as
little as is reasonably practicable.
Section 44. Protection of Property.
In the construction, maintenance and operation of its street rail¬
way system, the Company shall use necessary care to avoid doing,
or permitting to be done, any damage to the water pipes, conduits or
any property of the City, or to trees along the streets and shall use
reasonable care to avoid injury to the property of any person or
corporation; and if it shall, in such work, do, or permit to be done,
any such damage, the Company shall promptly restore the property
so damaged to the condition in which it was before being so damaged,
or pay therefor.
Section 45. Disposition of Property.
If at any time any of the property is, or becomes, in the judg¬
ment of the Board of Control, unavailable for proper use, or not
reasonably necessary to be used as a part of the street railway sys¬
tem, it shall, by and with the approval of the City Directors, be
rented, leased or sold.
The Company shall not hereafter sell, lease or dispose of, except
by mortgage as herein provided, any other of the property whatever
now possessed or hereafter acquired by it as an addition to or ex¬
tension of, or for use in connection with, said street railways, without
the written approval of the Board of Control and a majority of the
City Directors.
The proceeds derived from any sale or disposition of property
charged to capital account shall be applied to reduce and pay down
the capital account, otherwise to operating account.
Section 46. Indemnity fay Company to City.
In constructing, reconstructing, repairing and operating all street
railways, including all openings and excavations made in streets and
other public places and repairing thereof, paving, repaving and re¬
pairing streets, the Company shall use every reasonable and proper
—42-
precaution to avoid damage to person or to property and shall, at all
times, indemnify and save harmless the City against and from all
damages, injury, loss, cost or expense, judgments and decrees arising
out of or connected with the granting by the City of the rights,
privileges and franchises hereby granted to the Company, or arising
out of or connected with the exercise by the Company of the rights,
privileges and franchises, or any of them, hereby granted, or arising
out of or connected with any act or omission of the Company, its
agents or servants. In case the City shall be sued for any cause
arising, or alleged to have arisen, out of any of the matters aforesaid,
the Company shall defend at its own expense, all such suits, provided
always that the City shall have the right to be present and defend
itself if it so desires. The Company shall, within ten days after this
ordinance shall have been adopted by the people, deposit and there¬
after constantly keep on deposit with the City Comptroller, the sum
of $7,500 in cash; or securities satisfactory to him to indemnify and
save harmless the City, as aforesaid; provided, however, that the
said deposit shall not be construed as in anywise limiting or qualify¬
ing, or in any manner affecting, the liability of the Company to the
City under this ordinance.
Section 47. Time Limit to Be Extended, When.
Whenever herein, or by authority hereunder, there is fixed
a time within which the Company shall do any act, if it be in any
instance prevented from doing same by reason of any act of the City
or by any unforeseen circumstaifces or conditions which reasonable
diligence could not have guarded against, then the time of such
delay shall not be counted.
Section 48. Grants, Privileges and Franchises Revoked and Ordinances
Repealed.
All ordinances heretofore passed by the City granting to any
of the companies herein mentirned or referred to, or to the pre¬
decessor or predecessors of any of them, or to any grantee from or
under whom any of them claim any rights, privileges or franchises,
except only the obligations under Ordinance 8935, approved January
29, 1912, assumed by the Company under Section 11 hereof,
are hereby repealed. This repeal is to take effect when the Com¬
pany performs the contract to acquire the property in accordance
with the provisions of section 1 hereof.
Section 49. Assumption hy Company of Pecuniary Demands Owing
to the City by Its Predecessors.
The Company shall assume and pay to the City at the time
this ordinance becomes effective as a contract, all pecuniary de¬
mands at that time owing to the City by the Metropolitan Street
Railway Company, the Kansas City Elevated Railway Company and
the Central Electric Railway Company, or it as the successor of
„o!.! r'/.-v, .-«o ....t -1 1 - '• ■" "
—43—
vided for, including all sums due the City under Ordinance No. 22780,
Approved June 2, 1903.
Section 50. Enforcement of Rights.
Either the City or Company shall have the right to summarily
enforce by mandamus, mandatory injunction, suit for specific per¬
formance, or any other appropriate remedy in any court of com¬
petent jurisdiction, any provision of this contract made for its benefit.
If at the expiration of ten days after the filing of a petition in any
such proceedings and service of a copy thereof and of notice of the
filing of the same in the manner in which summons is or shall be
required by law to be served on the party to be served, the party
so served fails to enter its appearance thereto in court, and con¬
sent to trial at such time as the court may determine is proper,
without regard to term time, the court shall, upon proof that such
petition and notice have been so served, direct that the appearance
in said proceedings of the party -in default be entered of record
thereto, and proceed to summarily hear and determine the con¬
troversy as if all the allegations of such petition had been denied by
answer. The judgment shall be complied with at once, and there
shall be no stay of execution pending appeal therefrom. No objec¬
tion shall be made by any party except on and by appeal.
Section 51. Conditions of Grant.
This franchise is granted upon condition and is to continue in
force so long as the Company continues to elect and support the
directors designated by the City, as provided by section 4 hereof.
The articles of association of the Company, or its by-laws, if it
be not permitted to so provide in said articles, shall contain this
provision: "All stock certificates' issued by the Company shall bear
this endorsement: 'The holder hereof has taken this certificate upon
condition that it shall always be voted for the election of City
Directors, as provided in any franchise contract with Kansas City,
Missouri. Without power of revocation, the Mayor of said City is
constituted attorney in fact, to that extent, so to vote the stock. No
stockholder shall receive any dividend upon or vote any share of
stock unless he holds a certificate so endorsed.' " The Company shall
endorse said provision upon every certificate of stock issued by it.
Any willful failure of the Company to have said City Directors
elected shall entitle the City to a forfeiture to be enforced as herein
provided. In case of such failure the payment of any return upon
capital value or participation by the Company, shall be held in
suspense until such directors are elected. The provisions of this
section shall be binding upon trustees, the mortgagees, beneficiaries,
successors and assigns of the Company, and may be by them or
the City enforced by mandatory injunction, receivership, and any
other appropriate proceeding. In the event that the said City Direct-
^ ors are not elected, and in any proceeding the courts hold the pro-
visions of this ordinance for election of directors in this regard
unenforcible by legal process, for any reason, then this franchise shall
terminate, and the rights and privileges hereunder shall be ex¬
tinguished at the election of the City. The City shall be made a
party to any such proceeding. If the Company should so fail to elect
them, any trustee or beneficiary under any mortgage may have a
reasonable time to foreclose such mortgage to acquire the property
and cause them to be so elected.
Section 52. Forfeiture.
If the Company shall willfully do or cause to be done any act or
thing by this ordinance prohibited, or willfully fail, refuse or neglect
to do any act or thing required by its terms, it shall forfeit all
rights and privileges conferred upon it by this ordinance, but such
forfeiture shall not affect the right of mortgagees and those claim¬
ing under the Company to capital value and return thereon, as herein
provided. Such forfeiture may be had by proceedings by the City
in its own name or that of the Prosecuting Attorney or Attorney
General in the Supreme Court of the State, or if that court declines
to assume jurisdiction, in any other court of lawful jurisdiction. Pro¬
vided, however, before the City shall have the right to begin a pro¬
ceeding to enforce said forfeiture, it shall give notice to the Com¬
pany in writing of the specific dereliction or derelictions complained
of, and unless the Company, within sixty (60) days thereafter, shall
fully remove such alleged cause of forfeiture, the City shall have the
right to begin and proc sed with the enforcement of said forfeiture.
If there be a final decree of forfeiture of the Company's rights
and privileges hereunder and the cause of forfeiture be not removed
within a reasonable time fixed in the judgment, then the right of
the Company to manage and direct the property shall cease and
determine and be forever foreclosed, and 25% of that portion of the
surplus income of the Company going to it as participation, from date
of such final judgment, shall be forfeited to the City and be put
back into the property without adding to or in anywise increasing
capital value. Either party may appeal from the decree c.f the
court in the first instance, but if the Company so appeals, then
pending such appeal its rights of participation in the surplus income
shall be suspended and the funds accumulated by reason thereof
sequestered, and if it loses upon such appeal, the fund so seques¬
tered shall be forfeited by the Company and paid to the City.
Pending such appeal, the property shall be managed by five trustees,
two of whom shall be selected by the Company, and three ay the
Mayor from the City's directors. If there be no appeal by the Com¬
pany from a judgment of forfeiture, or if there be an appeal by it
which results in an affirmance, then the three trustees designated
by the Mayor for the City shall manage and direct the property
without any representation by the Company, but such trustees for the
City shall continue in the exclusive possession of the property, subject
to and under the terms of this ordinance, and shall carry out all its
obligations with respect to capital value, return thereon, participation
of the parties and the rights of all parties as fixed herein, the Com¬
pany not having thereafter any right to any possession of any
part of the property. In case of any vacancy in the office of trustee
named by the City, his successor shall be chosen in the same manner
as the City Directors are selected, and in case of a vacancy in the
office of trustee named by the Company, prior to final judgment of
forfeiture his successor shall be chosen by the Company.
Should the Company be finally adjudged a bankrupt or insolvent
and thus be unable to carry out this contract and perform the obliga¬
tions imposed upon it thereunder, then such adjudication shall have
the same force and effect as an adjudication of forfeiture as above
provided.
Section 53. Forfeiture for Violation of Any Other Lawful Ordinance.
If the Company shall at any time fail, neglect or refuse to obey
and comply with the provisions of any lawful ordinance of Kansas
City, the Company shall forfeit all rights, powers and privileges
by this ordinance granted, the forfeiture to be declared and enforced
as in the preceding section provided. In any case where the City
seeks to forfeit the right of the Company for the violation of an
ordinance other than this one, the Company shall have the right to
contest the validity of such other ordinance, in which case there shall
be no forfeiture unless the Company refuses to obey such other
ordinance after the same has been declared valid and of legal force
and effect.
Section 54. Relation of the City to the Property at Expiration of Grant.
In the event that the City shall not have purchased or acquired
the property at the lime of the expiration of this franchise, the City
shall have the right either to take' over the property on payment of
the unpaid portion of the capital value, or to transfer this right to
any person or corporation. If the City at or after the expiration
of this franchise shall grant a right to another company to operate
a street railway along and over streets and public places constituting
the whole or a substantial part of said street railway system of the
Company, the City shall require such new company to purchase and
take over such property and pay therefor in cash the unpaid portion
of the capital value; but the City may require such new company to
pay to the City an additional price and to perform other obligations.
The expiration of this franchise shall not have the effect of termi¬
nating the mortgage indebtedness existing against the property with
the approval of the City, but the same shall continue as a charge and
lien against the property according to its true tenor and terms against
any and every person, including the City, who shall come into pos¬
session of the same. At the expiration of this franchise, if the City
—46—
has not purchased or acquired said property in its own right or by
licensee, the City may, if it desires so to do, require the Company to
continue to operate under and according to this contract, pending
such purchase or other arrangement; or if no such purchase or other
arrangement shall be made the Company's rights shall hereunder
cease and terminate, and then the City through its trustees, as pro¬
vided in section 52 hereof shall take over the property subject to
the unpaid portion of capital value and operate it under the terms
hereof, but shall apply all surplus income as defined in subdivision
4 of section 27 hereof to the payment of capital value and return
thereon until its entire payment shall have been made, either by the
method above provided or by any of the other methods herein pro¬
vided.
Section 55. Company's Right of Inspection.
If the Company, at any time before the full capital value is paid,
shall have surrendered possession under any provision of this contract,
then it shall have the right, through a representative designated by
it, so long as any part'of such capital be unpaid, to be fully advised
as to the operation and management of the property and the conduct
of the business. Such representative shall at all reasonable times be
entitled to inspect the property and have access to all books, papers
and records pertaining to the property or business, and to attend
all meetings of any boards or similar bodies having to do with the
management of the business.
Section 56. Acceptance. •
The Kansas City Railways Company shall within 15 days after
this ordinance shall have been approved by the Mayor, cause a reso¬
lution of its Board of Directors to be passed accepting the provisions
of this ordinance and agreeing to abide and comply with the require¬
ments thereof; and, file in the office of the City Clerk a copy of said
resolution, certified by its secretary and authenticated by the seal of
the Company affixed thereto, in form to be approved by the City
Counselor.
Section 57. Company to Obtain from the State Public Service Com¬
mission Authority to Comply With This Ordinance.
The Company, deeming it to be to its interest will submit a
copy of this ordinance to the State Public Service Commission, and
apply to and obtain from it the necessary certificates, to enable the
Company to perform the obligation and exercise the rights and
privileges conferred by this ordinance. Certified copies of said
order shall be filed with the City and attached to the original
ordinance.
—47—
Section 58. Rights to and Obligations Upon the Company, Its Suc¬
cessors and Assigns—No Assignment Without Consent of City.
All rights, privileges and franchises by this ordinance given
or granted to the Company shall inure to the benefit of its assigns
and successors in interest, and all obligations, duties, liabilities and
limitations by this ordinance created or imposed upon the Company
shall be binding upon and be assumed, kept and performed by its
assigns and successors in interest, according to the true intent and
purpose of this ordinance.
This section shall never be so construed as to give to the Com¬
pany the right to assign or transfer any such rights, privileges or
franchises or any right or interest therein or thereunder, without
the consent of the City first had and obtained.
Section 59. Ordinance to Take Effect Only When Approved by the
People.
This ordinance shall not take effect or be in force until it has
been submitted to a referendum vote of the people of the city, at an
election to be held therein, on the 7th day of July, 1914, to be called,
held and conducted as shall be prescribed by ordinance, and unless a
majority of the votes cast for and against the ordinance at such
election shall be in favor of the adoption thereof.
In the event that a majority of the votes cast for and against
this ordinance at such election be in favor of the adoption thereof,
then this ordinance shall take effect for the purpose and upon the
terms and conditions hereinbefore expressed.
Passed, June 8, 1914.
STANLEY WATSON,
President Upper House of the Common Council.
Passed June 10, 1914.
MILES BULGER,
Speaker Lower House of the Common Council.
-i.
SCHEDULE
EXHIBIT "A"
showing, in accordance with provisions of Section 1 of the foregoing Ordinance, the streets, ways and public places,
or portions thereof, in Kansas City, Missouri, in, upon and along which the Kansas City Railways Company is by
the foregoing ordinance granted by the City the right to construct, reconstruct, maintain and operate certain
street railway lines; and also showing such parts of said existing lines as are now operated under a street, or
upon an elevated structure over a street; and also showing the Main and Delaware loop, the Tenth street loop.
Cherry street and Third street loop, and the Allen avenue viaduct mentioned in Section 15 of said Ordinance.
IN KANSAS CITY, MO.
STREET.
FROM
TO
TRACKS.
First Walnut Grand Single....
Third.... Delaware Main Single....
Walnut Cherry Double...
Fifth Bluff. Lydia Double...
Sixth Broadway Delaware Single....
Seventh Walnut Grand Single
Eighth Woodland Broadway Double...
Broadway Bluff Double...
Ninth West Postal Tunnel State Line Double...
Wyandotte Main Single....
Mulberry State Line Double...
Wyandotte Washington Double...
Woodland Hardesty Double...
Tenth Wyandotte Grand Single....
Grand Brooklyn Double...
Eleventh Wyandotte Broadway Double...
REMARKS.
Viaduct—Walnut to Baltimore.
Tunnel.
Elevated.
Surface Tracks under Elevated.
EXHIBIT "A"—Continued.
STREET.
FROM
TO
TRACKS.
REMARKS.
Twelfth
Viaduct.
Genesee
Liberty
300' W. of Summit..Double...
Viaduct.
300' W. of Summit. Jackson
Thirteenth
Washington. . ..
Fourteenth
. .Broadway
... Summit
Fifteenth
.. Main
f Subway under K. C. Terminal near
1 Cleveland.
Sixteenth
Single....
Seventeenth
... West Prospect Place,Double...
»
West Prospect Place Holly
Single
Olive
Bridge over K. C. Terminal at Kansas
... Olive
Single....
Nineteenth
. .Holly
. . . Mercer
Sine-le....
Twenty-first
. .Holly
.. .West Prospect Place.Single....
Twenty-second...
Double...
Twenty-fourth...
. Jackson
•
Southwest Blvd.
... Fairmount. . .
Twenty-sevfenth..
.. Prospect
Thirty-first
.. Main
Thirty-third.....
... Summit
Thirty-ninth
.. Summit
EXHIBIT "A"
STREET. FROM TO
^orty-first State Line Bell
^orty-third. ..... llain Oak
^orty-fifth State Line Bell
^orty-seventh Troost E/L Paseo
^orty-eighth Rockhill Troost
\.nen Ave. Viaduct. 23rd & Brook 19th & Wyoming.
Anderson Rellefontaine Benton
lell 39th 45th
îelleview Ave Westport Ave 48th
Bellefontaine Ave.. .Lexington Ave Anderson Ave. ..,
Benton Blvd Anderson Ave St. John Ave
Bluff St. Louis Ave 5th
Broadway 5th .14th
33rd Westport Ave.
Brook Fairmount ,23rd,
Brooklyn .10th 39th
Bharlotte 18th 19th
19th 22nd
Bherry 3rd Indep. Ave. ..
Bliff Mercer Holly
Delaware 3rd 9th
jrand Ave 1st 3rd
3rd 27th
Guinotte Lydia Montgall
Continued.
TRACKS.
REMARKS.
Single
Double....
Single
(Double.... •
Double....
Double... .Viaduct over railway tracks.
Double....
Single
Double....
Double....
Double
Double.... 5 Bridge over railway tracks near St.
^ Louis Ave.
Double....
Double....
Double---.
Double... .Viaduct over K. C. Terminal at 20th.
Single
Double... .Viaduct over K. C. Terminal at 20th.
.Double....
Single
Single
Single
Double... .Viaduct over K. C. Terminal at 21st.
Double... .
EXHIBIT
STREET. FROM TO
Genesee 12th 16th
Hardesty 9th St. John
Holmes 22nd 33rd
Holly 17th 20th
Cliff 21st
Highland Ave Indep. Ave. Missouri Ave
Hunter Ave Main ,Broadway. .
Indep. Ave Walnut Grand
Grand .Highland. . .
Woodland Hardesty. . .
Indiana Ave .18th 36th
Jackson Ave 9th 24th
Lexington Ave..... Maple Ave .Bellefontaine
Lydia Ave 5th Guinotte. . ..
Lynn Ave Woodland Vi-ne
Main .3rd 9th
9th 19th
27th 43rd
Maple ,. Missouri Ave Lexington. . .
McGee 8th 18th
18th 19th
Mercer 20th Cliff
Missouri Ave Highland Maple
Montgall Ave Guinotte Nicholson, . ..
Continued.
TRACKS. REMARKS.
Single
Double....
Double....
Single
Single
Double....
.Double....
Single
Double....
Double....
Double....
Double.... Subway under K. C. Terminal at 13th.
Double... .Viaduct over valley just W. of Bellefontaine.
Double Viaduct over Ry. tracks just S. of Guinotte.
.Double....
.Single
Double....
Double....
.Double....
.Double....
Single
Single
Double....
Double....
EXHIBIT "A"-
—Continued.
STREET.
FROM
TO
TRACKS.
REMARKS.
Monroe
.. Nicholson
..Gardner
..Double...
. i ' ^
Mulberry St
. 9th
Nicholson Ave...
. Montgall
. Monroe
..Double...
Olive St
..18th
. 19th
Prospect
..15th
. Swope Parkway ..
..Double...
Viaduct over K. C. Terminal at 19th.
Rockhill Rd
..43rd
. 48th
..Double...
St. John Ave
.. Benton Blvd
. Belmont
..Double...
..39th
. 45th
..Single....
Summit St......
. .13th
. 39th
Double. ..
Subway under K. C. Terminal at 25th.
S. W. Blvd
. State Line
Double. ..
Subway under K. C. Terminal at 25th.
Swope Parkway..
. .E/L Paseo
. 67th and Cleveland
. Double...
Troost Ave
.. 8th
. 48th
Double...
Viaduct over K. C. Terminal at 20th.
Union Ave
. .St. Louis Ave....
. Mulberry
..Double...
Vine
. .18th
. Lynn
. Double...
Viaduct over K. C. Terminal at 20th.
. Single....
3rd
..18th
..Double...
18th
..19 th
. Single....
Washington
.. 9th
. 13th
..Double...
W. Prospect PI..
.. 17th
. 21st
..Single....
Westport Ave....
. .Broadway
. Belleview. . ......
Double...
Woodland Ave. ..
. 9th
..Double...
I^ynn
..43rd
..Double. ..
Wyandotte
.. 2nd.
. Southwest Blvd. ..
..Double...
Wyoming
.. 12th
. 16th
Single....
16th
. 19th
Double. ..
K. C. & I. Line. .
..City Limits
..Double. . .
Subway at 9th & Hardesty.
EXHIBIT "A" Continued.
.From 48th and Belleview to 55th and Mercer, also a private right-of-w-ay on which
tracks are not at this time constructed extending from 55th and Mercer south¬
wardly to 64th, thence eastwardly to Womall Road.
I From Westport Avenue and Mill Street, southwardly to 77th Street. Also on Mill
Street from Archibald to 40th Street. Also connection on private right of way
from 43rd and Main southwest to Baltimore ave.
From Swope Parkway in a southerly direction to City Limits, the tracks being located
on either side of the central parkway o f the proposed Paseo Extension, the location
of said tracks being shown in detail on the plans accompanying the agreement of
the Kansas City and Westport Belt Railway Company to said Paseo Extension,
dated April 14, 1913.
The Tenth street loop referred to in Section 15 of the Ordinance consists of the lines on Tenth street from
Main to Wyandotte, thence north on Wyandotte to Ninth street, thence east on Ninth street to Main street,
thence south on Main to Tenth.
The Allen avenue viaduct, therein referred to, is that described in Ordinance No. 18476, approved November
4, 1901.
The Main and Delaware street loop, therein referred to, consists in the lines extending from Ninth street
north on Main to Third, thence west to Delaware, and thence south to Ninth street.
The Cherry street loop consists of a double track line on Grand avenue from Independence avenue to Third
street; on Third street from Grand avenue to Cherry street; on Cherry street from Third street to Independence
avenue, and on Independence avenue from Cherry street to Grand avenue. The curves and connections are such
that cars may go around loop in either direction.
The following schedule shows existing lines in Jackson County, Missouri, outside of the corporate limits of
Kansas City, which are also included in the property referred to in subdivision (a) of said Section 1 of this
Ordinance.
Sunset Hill Line. .
*Dodson Line
Marlborough Line
EXHIBIT "A"—Continued.
IN JACKSON COUNTY, MO.
*K. C. & I. Line City Limits, K. C., Mo City Limits, Independence, Mo.
*Fairmount Park Line Mt. Washington Fairmount Park Loop.
*K. C. & I. Line City Limits Independence, Mo Lexington Ave.
Lexington Ave .Mo. Pac. Bridge Main St.
Osage Ave Maple Ave Lexington Ave.
Maple Ave Liberty St. . i... . Osage Ave.
Main St Liberty St.
♦Dodson Line From a point where the city limits now intersect the Dodson Line at 77th Street,
southwardly to a connection with Frisco Railroad at Dodson.
♦Marlborough Line From a point where the city limits intersect the proposed Paseo extension southwardly
to present terminus, described in the appraisal referred to.
♦Over a private right-of-way, said right-of-way being described in detail in the appraisal referred to in sec¬
tion 1, paragraph (a) of this ordinance.
EXHIBIT "A" Continued.
Forest Ave.
Main St.
Liberty St.
Kansas Ave.
INDEPENDENCE (MO.) CITY LINE.
Emery St. Main St.
Forest Ave. Maple Ave.
Kansas Ave. . Moore St.
Main St. Liberty St.
All of the above enumerated lines, whether within or outside the corporate limits of the city, in Jackson
County, Missouri, are shown on a map on file in the office of the City Clerk, identified by the signature of Henry
L. Jost, Mayor, and made a part hereof for all appropriate reference.
Certified to as correct this 1st day of June, 1914.
P. J. KEALY,
Engineer for the Company.
ROBERT P. WOODS,
Engineer for the City.
Passed June 8, 1914.
STANLEY WATSON,
President Upper House of the Common Council.
Passed June 10, 1914.
MILES BULGER,
Speaker Lower House of the Common Council.
INDEX.
Pages
Preamble 2-3
Section 1. Grant and Conditions Thereof 3-C
Section 2. Term of Franchise 6-7
Section 3. Purposes of Grant 7
Section 4. Organization of Company; City's Representation in
Management 7-9
Section 5. Office and Books of the Company; Directors' Meet¬
ings ;. .. . 9
Section 6. Board of Control 10
Section 7. Duties and Powers of Board of Control 10-12
Section 8. Orders and Regulations of the Board of Park Com¬
missioners 12
Section 9. Fares and Transfers 12-13
Section 10. Car Service 13-14
Section 11. Rehabilitation—Immediate Extensions and Addi¬
tions 14-17
Section 12. Future Extensions and Grants Therefor 17-18
Section 13. Consent of Property Owners 18
Section 14. Viaducts and Subways 18-19
Section 15. Reservation by City of Right to Permit Other Com¬
panies to Use Portions of Company's Tracks and Property.. 20
Section 16. Interurban Lines 20-24
Section 17. Carrying Parcels, Commodities, and Charges There¬
for 24
Section 18. Motive Power 25
Section 19. Power House and Plant '. 25
Section 20. Paving 25-26
Section 21. Grading 27
Section 22. Tracks to be in Center of Street—Company to Con¬
form to Change in Width 27
Section 23. Abandonment of Street by Company 27
Section 24. Street Sprinkling and Cleaning 27-28
Section 25. Capital Value of Property 28-29
Section 26. Supervision of Additions, Extensions, Maintenance
and Renewals, Classification of Expenditures 29-31
Section 27. Disposition of Earnings ....31-33
Section 28. Percentages of Earnings to be Applied to Mainte¬
nance, Repairs, Renewals, Depreciation, and Damage claims.33-34
Section 29. The Right of the City to Acquire the Property.. .. .34-35
Section 30.. Supervision by the City in Relation to Mortgaging
the Property 35-36
Section 31. Regulation of Salaries .. 37
Section 32. No Discrimination in Employment for or Against
any Labor Organization 37
Section 33. Insurance 37
Section 34. Right of the City to Intervene and Protect Its Inter¬
est in any Litigation Brought by or Against the Company.. 38
Section 35. Watchmen and Lights 38
Section 36. Company to Transport Earth and Material from
Station Park 39
Section 37. Water Main Privilege Over Kaw River Bridges.... 39
Section 38. Special Fire Pressure System
INDEX—Continued.
Pages
Section 39. Poles, Wires, etc.... 39-40
Section 40. Joint Use with the City 40
Section 41. Special Work, Curves, etc 40
Section 42. Sale of Surplus Power and Energy 40-41
Section 43. Laying and Repairing Water Pipes—Sewers 41
Section 44. Protection of Property 41
Section 45. Disposition of Property 41
Section 46. Indemnity by Company to City 41-42
Section 47. Time Limit to be Extended, When 42
Section 48. Grants, Privileges and Franchises Revoked and Or¬
dinances Repealed 42
Section 49. Assumption by Company of Pecuniary Demands
Owing to the City by Its Predecessors 42-43
Section 50. Enforcement of Rights 43
Section 51. Conditions of Grant 43-44
Section 52. Forfeiture 44-45
Section 53. Forfeiture for Violation of Any Other Lawful Ordi¬
nance. 45
Section 54. Relation of the City to the Property at Expiration
of Grant 45-46
Section 55. Company's Right of Inspection 46
Section 56. Acceptance 46
Section 57. Company to Obtain from the State Public Service
Commission Authority to Comply with this Ordinance 46
Section 58. Rights to and Obligations upon the Company, Its
Successors and Assigns—No Assignment Without Consent of
City 47
Section 59. Ordinance to Take Effect Only When Approved by
the People 47
Exhibit "A" 50-57