The record-union., 1891-07-29

Railway and Improvement Company, To
Construct and Operate a Street Railway
Over and Along Certain Streets in the
City Of Sacramento. and TO Extend the
Privileges Granted 10 Said "Sacramento
Railway and Improvement Company" 70
X. s., j. I. and G. w. Carey to X. S. and
G. w. Carey, and to Frank D. Meyers, by
Ordinances Nos. I7o, goa, 2ai, 225, sso and
24I, to Construct, Lay Down, Maintain and
Operate Street Railways in Said City.
! rNHE BOARD OF TRUSTEES OF THE
i City OF Sacramento do ordain as folloyvs.
SECTION !. There is hereby granted TO tina
Company, land Ats assigns, subject to the pro-
visions OF the statutes governing the City OF
sacramento, the right TO construct, lay down.
1iity Years from and after the passage OF this
ordinance, single or double track street rail-
| way Or railroad, With all necessary or con-
! Tentent tracks for curves, turn-outS switches
! side-traoSs, stations, turntables and append
ages To propel ears thereon by wire rope or
cable running under the streets moved by
stationary steam engines, or by electricity or
| electric power, or by gus engine, or other
motive power except moving steam engines.
and 10 collect receive and retain fares and
compensation therefore for the use thereof in.
through o., over, upon and along the follow
Ing strecss In the said City OF Sacramento:
Gommeis Ing Mt the intersection OF * and
| IhirQ str tts; thence south along Third street
! To the intersection OF Third street with o
| street; thence east along o street TO Tenth
street to connect with the present railway on
! SECTION =. The rate OF fare on such raul.
road or railway must not exceed five cents for
SECTION 3. The grantee herein named shall
! pay 10 the City of Sacramento an annual
license of FIVE dollars in advance upon each
car run ana operated upon said railroad or
railway, which shall license aud entitle him
10 run. manage and operate said railroad or
railway every day In the year.
| SEXTON 4. The grantee herein named NAV
at any time abandon any part or portion of
| the franchise herein granted upon fling with
| the Board OF Trustees OF the City OF Sacru-
nlento u written declaration of such abandon
| ment, particularly describing the part or por-
! ton intended to be abanuoned; and in the
event OF such abandonment, the grantee and
| Its assigns shall within ninety days thereafter
remove the tracks, rails, ties, poles, wires and
otner materials from SGch street, streets or
portion of streets so abandoned, and place the
| portion OF streets so abandoned In good order
and repair like the adjoining portions OF tho
street and TO the satisfaction of the Street
Commissioner, and If such work be not done
| oy the grantee or its assigns, ii may be done
| by the Street Commissioner at the expense OF
| the grantee, his heirs and assigns.
1 SECTION D. The rate OF speed on said rail-
road or railway must not be greater than eight
| (S) miles per hour.
SECTION 6. The grantee herein named shall
pay and be assessed for the costs of improving
the portion of the street or streets embraced
between the rails of the track or tracks of said
railway or railroad and for two feet on each
side thereof, and such assessment shall be a
lien on against the franchise and railroad of
said grantee from the date ofsuch assessment
ana may be collected in the same manner as
other assessments for improving streets are
collected, and said grantee and its assigns
shall Keep said portion OF said street streets
constantly in good repair and flush with tho
street and with good CROSSINGS
| SECTION 7. The franchise hereby granted is
granted upon the condition that said grantee
and its assigns shall commence the construc-
ton OF the street railway on said street within
sixty days, and complete the construction OF
such railway within six months from the
! passage OF TINS ordnance and that when said
/ railway Is completed, the eats shall be run
regularly and daily Inevitable accident eN-
cepted), over the whole of said road as often
as once every fifteen minutes between the
| hours of seven O'Clock in the forenoon and
| seven o'clock In the afternoon of each dav
and failure TO comply with any of the terms
and conditions hereof by the grantee, Its sue
| ceSsors and assigns, shall work forfeiture of
! this franchise, and said grantee, It's successors
ana assigns shall thereupon remove said rail-
way ana restore that part of said street made
use OF for the railway to Its original condition
and leave the same in as good order and repair
as the balance OF the street and to the salts
| faction OF the Street Commissioner and IL
such work of removal be not done within
| ninety days from and after such forfeiture by
] the grantee, its heirs or assigns, then it may
| be done by the Street Commissioner at the ex-
| penSe OF the grantee its successors or assigns
and the city shall have lien upon such street
runway ana all the materials thereof for the
expense of such removal and of repair of the
street made necessary by the putting down or
removal of such railway.
SECTION 8. Should the cars on said railway
be propelled by overhead wires in connection
with an electric system of motive power then
the overhead wires used as electric conductors
shall be hung from cross-wlres, and shall not
be less than twenty feet, measuring vertically
from the surface of the roadway, and shall be
supported by double line of poles one on
each side of the street; and the poles shall he
smooth, wel-painted wood, or round cast
iron, and shall be painted before being set up
ana said grantee ana It's assigns shall keen
and maintain in good order ana condition Mt
its own expense, the portion of the streets oc-
cupled by such poles, so that the same at the
surface about the poles may be safe and con-
Venlent TO travellers with teams and vehicles
at all seasons OF the year, and so that there
shall be no obstruction to the proper flow of
water along and over the cutters constructed
at the places where the poles may be set Jlp
And all such poles shall be set ut such
places along the inner curbing Of the sidewalk
us the street Commissioner shall direct and
If by reason of setting up such poles il shall be
! necessary to alter the water courses, cutters,
cuIvertS or entrances to culverts such changes
or alterations shall be made at the expense of
the grantee. its heirs or assigns.
SECTION o. This ordinance is granted aud
accepted upon the express condition that the
! Board OF Trustees o. the city of Sacramento
| shall have the power ut any time to inquire
| INTO the fact whether the system Of motive
power made use Of to propel cars or the prac-
/ ticai operation thereof, is a public nuisance
/ or dangerous 10 persons and Vehicles, and the
/ city OF Sacramento expressly reserves tic
y
ever, in the judgment of the Poard OF Trus-
! tees of said city, IL may become Il public nui-
| sance, TO secure tte abatement of such Il nui-
sanCe and prevent the further use of such
motive power; and the said grantee its sue
cesSors and assigns, shall within ninety dayS
| after the Judgment or decree TO that effect
shall become final and after the service upon
ii of written notice, remove all poles
| wires or other material that may be a nGi-
sance Or dangerous to life and property, and
| put the streets through which they were
| placed in the same condition In which they
now are At the expense OF said grantee and
| its assigns, under the superintendent of the
Street Commissioner. In case the same is not
done by the grantee and its assigns in the
time limited therefor, then the Board of Irds-
tees may cause the same to be done and the
| expense thereof shall be paid by said grantee
and its assigns, and the city shall have q Hen
| upon said railway within its limits for said
payment IN case q Judgment shall at any
| time be obtained to abate or to remove any
| public nuisance created by such system at
| motive power, the city OF Sacramento shall he
entitled TO recover from said grantee and IT'S
assigns reasonable attorneys fee, not eX-
| ceeding 81, 900, for services of its attorney
| rad by it, and such attorneys fee shall be
entered in the Judgment and shall be paid by
the grantee and its assigns.
The said grantee shall have the right TO nc
cept the permission and privileges hereby
granted, and agree TO comply with nll OF tho
conditions upon which the same are granted
| within ten days after the passage of this or
| din4nce, and shall file said acceptance with
| the Clerk OF the Board Of Trustees of said
city, otherwise this ordinance shall be null
and void.
SECTION TO- In addition to the powers and
| privileges granted by ordinances of the CITY
! of Sacramento, numbered 10, 202 22I,
225, 226 and 24l, to the grantees therein
named, said grantees and each of them. and
their assigns, are hereby granted the privi-
! Ieges and right TO propel cars upon thelines
of railway or railroad Ia said ordinances
named. by wire ropes or cables running under
| the streets, moved by stationary steam an
gines or by electricity OR electric power, or by
gas engines or motor, or other motive bower
save and except moving steam engines, or