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APPENDIX H.

ORDINANCE OF THE LEGISLATIVE COUNCIL OF THE TAXING DISTRICT OF SHELBT COUNTY, TENNESSEE,

PASSED MARCH 23, 1891.

Whereas, the Kansas City and Memphis Railway and Bridge Company, acorporation created, organized and chartered under the laws of the State ofArkansas, has petitioned the Legislative Council of the Taxing District ofShelby County, Tennessee, for the right to construct and maintain its tracksand railroad and operate the same with its engines and cars thereon with steamor other motive power across certain streets and across, over and along certainalleys in the said Taxing District, as specified and described in a petition andmap filed by the said Kansas City and Memphis Railway and Bridge Company,now on file in the office of the Taxing District of Shelby County, Tennessee ;said railroad and tracks being for the purpose of furnishing an easternapproach to the bridge now being constructed by said Kansas City and Mem-phis Railway and Bridge Company, under an Act passed by the Congress ofthe United States and approved by the President of the United States, April24, 1888, pages 92 and 93, Acts of Congress, 1888; and for the right to con-struct and maintain an incline for an entrance to the wagon way of said bridge,as set forth in said petition and map. Said railroad tracks and approaches areto be located across certain streets and across, over and along certain alleys,as shown by the petition and map aforesaid as follows:

“ Beginning at Pier No. one (1) of said bridge near the east bank of theMississippi River, the said east approach runs southeasterly through saidRailway and Bridge Company’s property to the north line of "Virginia avenue,west of Delaware avenue; thence in the same direction at an angle across theextreme west end of said Virginia avenue into Block No. two (2); thence curv-ing to the left it runs across the extreme northeast corner of said Block No. two(2) to the west line of said Delaware avenue; thence in like manner at an angleacross said Delaware avenue into Block No. 3 ; thence across said Block No.three. (3) to the west line of Indiana avenue ; thence across Indiana avenue intoBlock No. five (5), the curve terminating about forty (40) feet east of the westline of said Block No. five (5); thence east to the west line of Arkansas avenue;thence across said Arkansas avenue, at right angles, into Block No. twelve (12);thence east through said Block No. twelve (12) to the west line of Louisianaavenue; thence east across Louisiana avenue, at right angles, into BlockNo. thirteen (13); thence east across said Block No. thirteen (13) to the westline of Pennsylvania avenue, upon which are located the tracks of the Citi-zens’ Street Railway ; thence east across said Pennsylvania avenue, at rightangles, into Block twenty-two (22); thence across said Block No. twenty-two(22), and the alleys intersecting the same to the west line of Kansas avenue ;thence across Kansas avenue to the west line of Block No. twenty-three (23);thence into and across said Block No. twenty-three (23).

The said approach from Block No. three (3) to Block No. twenty-three (23)inclusive to consist of four tracks. Also a connection line beginning in Penn-sylvania avenue near the west line of Block No. twenty-two (22) and curving tothe north through said Block No. twenty-two (22), and across the alleys inter-secting the same, to the south side of Virginia avenue; thence across the saidVirginia avenue to Block No. twenty-one (21); thence across the southeastcorner of said block No. twenty-one (21) to the west side of Kansas avenue;then across and along said Kansas avenue to a connection with the tracks ofthe Kansas City, Port Scott and Memphis Railroad in said Kansas avenue nearthe centre line of Broadway, the said connection line to consist of two tracks.

Also a second connection line, beginning in Block No. twenty-three (23)near the east line of Kansas avenue and curving to the north through saidBlock No. twenty-three (23) and across the alleys intersecting the same, to thewest side of Kentucky avenue; thence across and along said Kentucky avenueto a connection with the tracks of the St. Louis, Iron Mountain and SouthernRailway in said Kentucky avenue, the said second connection to consist of twotracks. Also a third connection line, connecting with the connection line firstaforesaid in or near Virginia avenue and running thence northeastwardly acrossKansas avenue to a connection with the tracks of the Kansas City, Port Scottand Memphis Railroad, east of and near said Kansas avenue, the said thirdconnection line to consist of two tracks.” All situated, lying and being in theTenth (10th) Ward of said Taxing District, commonly known as the City ofMemphis.

Now, therefore, be it enacted and ordained by the Legislative Council ofthe Taxing District of Shelby County, Tennessee, as follows :

Section 1.—Be it enacted and ordained, That the Legislative Council of theTaxing District of Shelby County, so far as it has the legal power to do so,grants to the said Kansas City and Memphis Railway and Bridge Company thepowers, rights and privileges above named and hereinafter set forth upon theexpress condition and agreement that the charges and tolls to be charged otherrailroad companies desiring to use said approaches, connections and bridgefor their trains and cars may be fixed and established by the Secretary of War,under Section four (4) of the said Act of Congress, authorizing said Companyto build and construct and maintain said bridge for the transportation offreight cars, passenger coaches or trains, foot passengers, etc., over said bridgeand over all tracks or approaches thereto as shall be occupied by said BridgeCompany, and that the right thereto shall be granted by it to every railroadcompany now or hereafter entering the Taxing District of Shelby County with-out discrimination in favor of or against any such railroad company. The

word “ approaches ” shall include all tracks used or owned by said BridgeCompany in gaining access to the bridge proper, whether included in the terri-tory covered by the above grant or otherwise.

That in the event the Secretary of War should decline, after a lawful andapt application has been made to him under said Act of Congress by any rail-road now or hereafter running into said Taxing District, to fix the rates of tollsover the bridge for the reason that he has no jurisdiction over said approaches,or for any other reason declines to act, or in case the Circuit and DistrictCourts of the United States for the Western District of Tennessee, or the Su-preme Court of the United States, or the State Courts of record of competentjurisdiction in Tennessee and having jurisdiction in Shelby County, shalldecide that said Act of Congress is inoperative as to the approaches, then thisLegislative Council shall have and hereby retains the right to regulate tollsfrom time to time over all such approaches to said bridge upon a like applica-tion by any such railroad.

An d for the further consideration of the materials to be furnished, laborperformed, work done, and the considerations and obligations agreed to be per-formed on the part of the petitioner, the Kansas City and Memphis Railwayand Bridge Company, as hereinafter set out and specified, and in considerationof the promotion of the public welfare, especially that of this Taxing District,resulting from the construction, maintenance, use and operation of said bridgeand said approaches thereto, and the public welfare requiring it, the said Tax-ing District doth hereby grant, so far as it has the legal power to do so, to theKansas City and Memphis Railway and Bridge Company, its successors andassigns, for thje period of ninety-nine years, or so long as said bridge shall re-main where it is now under the sanction of the United States Government, theright and privilege to construct, maintain and operate with steam or othermotive power across the streets and across, over and along the alleys abovenamed and shown by said map, and along the route or line above and thereondescribed, its said railroad tracks and connecting lines, and to operate the samefor the purposes stated above and as designated in the petition and map ofpetitioner now on file in the said office of the Taxing District.

Sec. 2. Be it further enacted and ordained, That said Railroad and BridgeCompany shall pave the incline approach to the wagon way of said bridge forvehicles and general traffic with stone placed upon Tishomingo gravel thewhole length thereof, being about 150 feet long and to a width of 30 feet, andmaintain the same. It shall pave all crossings of streets over which its Saidtracks pass, between tracks and 18 inches on each side thereof, with not lessthan three-inch white oak plank to be full width of each street and maintain