Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1889-05-06

The Mayor and Council Of the Cityof Los Angeles
| do ordain as foIlows:
SECTION 1. That the right of way be and the
| same is hereby granted to James M Dav les
and assigns, over and along the streets of said
| City hereinafter named for the period of thirty
| years from and after the date of the taking eff
| feet of this Ordinance, for the purpose of max
| ing all the necessary excavations constructing
laying down, maintaining and operating a
double track street railroad, with fiat or combi-
nation steel rails, and necessary turnouts or
switches; the cars thereof to be drawn or pro-
PEELED by two horses or mules attached to each
car.
Commencing at the junction of Spring and
Second streets, and running thence along Sec
ond street over the tracks Of the Depot Railway
Company to the junction OF Second street and
Wolfskill avenue: thence on Wolfskill avenue
over the tracks built and owned by the said
James NJ. Davies to Third street; and eontinu-
ing on Wolfskill avenue, over the tracks built
al owned by the said James NJ Davies in con-
junction with the Los Angeles and Vernon Street
Raj way Company, to point three hundred
understood and agreed that suits BILE turnouts
or switches shall be maintained on both sides
Of Fifth street so that cars of either company
can pass each other without hindrance or de-
tention.
Provided. that on condition that the said
grantee or his successors or assigns snail plank,
pave or macadamize the whole ot said road
thereof, and provide for its entire length with
wooden stringers not less than four inches
VIDE, SplReQ 10 the Ties against the OUTSIDE OF
and up to and flush with the top of the rail, and
shall keep the same constantly in repair. flush
with the grade of the street, and provided with
good crossings for all kinds Of vehicles, and
with all necessary and proper fumes for the
free passage of water under said track, and
that there be sufficient space between the
tracks and side tracks or turnouts to allow The
cars of said road to pass each other freely and
without danger; and that the width of said
track shall not be greater than three feet
six inches between the rails.
And nrovided further. that the rOadhpd and
track hall conform, in all cas- es where grade
has been established, to such grade, and in all
o her cases to the natural grade of the streets
through which they run, and when at any
time the whole or any part of said route shall
be either graded. paved or otherwise i'm
proved, or the gre de or improv, ment thereof
changed or alte red, the bed of the road and the
tracks thereof shall be, by the grantee or as
signee, or his successors, if SO required by said
City Council or its successors made to conform
in grade or materials, or both, herewith; and
provided, further that no turnouts or switches
be SS ssa oher than
uccessors-which authority also shall pre-
scribe he radii of curves to be used in swing
ing the line of said road from one street to
shall the fare Tor any distance along said road
exceed the sum of five cents for one passenger,
and that persons who attend the public schools
of said city as pupils shall be required to pay
but one-half of said fare on any of its cars from
or to said schools; provided said pupils shall
purchase their fares In quantities of at least
and fremen on duty shall be allowed
to ride free; and such grantee or assigns,
or his successors, shall provide for and sell
such fares to such pupils, or for their benefit.
at all times when solicited SO to do. And pro-
vided that the grantee or assigns of said road
will transfer passengers to snd trom the line
Co. without sny further charge than the
amount mentioned in this ordinance. And
provided, further, that the grantee or assigns,
or mis- success ors, of said road SHALL on or be.
fore the 18th day of December of each year,
pay to said city such license fee upon each car
as may be required by the ordinances OF said
time, for the space of three months, the said
road or any portion thereof, shall be unused as
a street railroad, the franchise for the portions
so unused shall be thereby forfeited.
SEC 2. 1t is understood and agread that the
city expressly reserves the right to use and con-
troll al Its public streets iof any ana all pud
such use to be made so as to obsttuct or injure
said road as little as possible; and when work
necessary, the grantee or assigns, or his success
sors, of said road, shall shift the same at their
own expense as to avoid distractions made
thereby; and unless due diligence is used in
the prosecution of said change, the Superin-
tendent of Streets shall make said change 1T
the expense of the company. 1t is understood
road, the center of the street, or a line
as near thereto as practicable, is intended
SEC. 3. The above rights and privileges are
granted upon the express condition that the
said road shall be commenced and completely
equipped and in full running order and oper-
alton within six months from the time of the
taking effect OF this ordinance; and any failure
to complete said road within the time above
prescribed shs II operate as a forfeiture of the
right of way over any portion of the same then
uncompleted. Furthermore this franchise is
especially grsnted upon each and all of the
provisions and conditions herein contained,
and if said grantee, his successors or assigns
shall fail in any particular to comply there
with, then and in that case all rights under
this ordinance shall thereupon and immed-
lately be forfeited, and this grant shall there
upon be null and void; and nothing herein
contained shall be construed as granting an
exclusive franchise.
SEC. A The Council reserves the right to
order the paving, macadamizing, grading or
other improvements between the rails and
track, and for two feet on either side thereof,
to be done at the same time and in the same
manner and with the same material, and by
at sessme mt as other street work may or shall be
done under the general contract for the i'm
provement of any street over and along which
the right to lay and construct said road is here
by given.
SEC S. The City Clerk shall certify to- the
passage of this ordinance and cause the same
to be published once in the DAILY HERALD,
ard thereupon and thereafter it shall take
effect and be in force.
/ hereby certify that the foregoing ordj nance
was adopted by the council of the City OF Los
Angeles at its meeting of April %, 1889
FREEMAN G. TEED, City Clerk.
Approved this Sd day of May 1889.
A