Daily Los Angeles herald., 1884-02-09


Los Angeles do ordain as follows:
SECTION |. That the reasonable right
Of way be and the same is hereby grant
ed to N. w. Stowell and to his assigns
over and along the following named pub
lie streets of said city for the period Of
thirty years from and after the taking
effect of this ordinance. for the purpose
of laying down. maintaining and opera
ting one line of iron or steel street rail
road track, with its necessary turnouts
and switches, the rails to be what are
known as fiat rails, and to run cars there
on to be drawn or propelled by horses
or mules; that is to say, commencing at
the point OF intersection of the west line
OF Spring street with the center line Of
Temple street. and running thence
northw esterly along the center line Of
Temple street to Bunker Hill avenue,
thence along the center line of Bunker
Hill avenue southwostcrly to Second
street, thence along the center line of
Second street southeasterly to Charity
street, thence along the center line of
Charity street southwesterly to point
on the center line Of raid Charity street,
270 feet southerly from the south bound
ary Of Fourth street.
And also the right to construct such
turnouts, sidings, switches and curves as
may be necessary to operate said road,
provided that all curves whose total
curvature shall exceed sixty degrees
shall have radii not to exceed forty five
feet in length.
Provided and upon condition that
work shall be commenced on said road
within six months from and after the
taking effect of this ordinance, and the
whole road shall be completed, stocked,
equipped and in running order within one
year from and after the taking effect of
this ordinance, it being understood that
this franchise shall be forfeited by the
grantee herein on account of failure to
complete the said road within the said
period Of one year.
Provided further and upon condition
that the said grantee or his assigns shall
plank, pave, or macadamize the entire
length Of said route along which said
road may be constructed between the
rails and for two feet on each side there
of whenever ordered to do SO and in the
manner ordered. and shall plank, pave
or macadamize as ordered by the Coun-
Gil Of the City of Los Angeles, or by that
body, person or persons, who may, by
operation Of law. succeed to the rights,
duties or privileges of the Council of the
city Of Los Angeles, and shall keep the
same and all portions Of the said streets
over which any part of said track may
be constructed between the rails and for
two feet on each side thereof constantly
In repair, flush with the streets and pro-
videa with good crossings for all kinds
of vehicles and with all necessary and
proper fumes and culverts for the free
and uninterrupted passage of the water
under said track from lands higher than
said track or road-bed is or is required
to be whenever and wherever the Coun-
Gil OF the city of Los Angeles or the sue
cessors Of said Council shall order the
said fumes or culverts to be placed, and
the track be not more than five feet be-
tween the rails, and there be q space be-
tween the main track and side tracks or
turn-outs sufficient to allow the cars to
pass each other freely and without dan.
ger. Provided, further, that all curves
made in the construction of this road
shall be designated and laid out by the
City Surveyor of the city of Los Angeles,
and. provided further, that the laying of
said track shall conform, in all cases
when any grade has been established, to
such established grade. and in all other
cases, TO the natural grade of the street
through which they may run; and when
at any time any part Of said route shall
be graded, or the grade thereof changed
or altered, the bed Of the road and the
tracks thereof shall be made to conform
Herewith. And that whenever any
other track shall intersect this road,
such road in no case shall occupy and
use track of this road for distance of
more than five blocks, and if the owners
Of such intersecting track cannot agree
upon the amount of compensation to DO
made therefor, the eame may be deter
mined as provided in Title VII, Part III,
Code of Civil Procedure, with amend
ments thereto. Provided, further, and
upon condition that at no time shall the
rate of fare for any distance along said
road exceed the sum of five cents for one
fare; and the owner or owners thereof
shall pay on the first day of December
Of each year such license to said city
upon each car as may be required by or
dinance Of said city. Provided, further,
and upon condition that ii at any time
for the space of six months the said road
or any portion thereof be unused by said
N. W. Stowell or his assigns as street
the franchise for the said DOR
tion SO unused shall be thereby forfeited.
SEC. 2. 1t is understood that the
city in making the grant of this franchise
expressly reserves the right to grade,
renew, sewer, pave, macadamize, i'm
prove, alter or repair all or either of
said streets or any part thereof through
put the whole length of said road and |
TO lay down pipes for water, gas and |
other purposes, and such work to be |
done by the city SO as to obstruct or in
iure the road as little as possible; but |
when work makes the same necessary,
the owner or owners of said road must
'hift the rails so as to avoid the obstruc- |
laon maui tuercoy.
1t is further understood that this fran
,hise is especially granted upon each
and all Of the provisions and conditions |
herein continued aud reserved, and If
'aid grantee or his successors in interest |
,r assigns shall fail in any particular to
comply Herewith or with either Of them,
then and in that case all rights to this
shall be thereby forfeited, and
his grant shall be null and void; and
hat nothing herein contained shall be
construed as granting an exclusive fran
,hise.
SEc. 3. The Clerk Of the Council shall
certify to the passage of this ordinance
md shall cause the same to be published
'nce in the Los Angeles Daily HERALD,
Al