The record-union., 1891-07-25

Over and Along Certain Streets in the
City of Sacramento, and to Extend the
Privileges Granted to Said Sacramento
Railway and Improvement Company" TO
R. S., J. T. and G. W. Carey, to R. S. and
G. W. Carey, and TO Frank d. Meyers, by
Ordinances Nos. 40, 2o2, 224, 225, 22o and
z4i, to Construct, Lay Down, Maintain and
Operate Street Railways in Said City.
TINE BOARD OF TRUSTEES OF THE
i City of Sacramento do ordain as follows:
SECTION /. There is hereby granted to the
sacramento Railway and improvement
Company" and its assigns, subject to the pro-
visions of the statutes governing the City of
sacramento, the right to construct, lay down,
fifty years from aud after the passage of this
ordinance single or double track street rail-
way or railroad, with all necessary or con-
venient tracks tor curves, turn-outs, switches
side-tracks, stations, turntables and append.
ages to propel cars thereon by wire rope of
cable running under the streets moved by
stationary steam engines, or by electricity or
electric power, or by gas engine, or other
motive power except moving steam engines
and TO collect, receive and retain fares and
compensation therefore for the use thereof in
through on, over, upon and along the follow
Ing streets in the said City of Sacramento:
commencing at the intersection OF X and
Ihlrd streets; 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
0 street.
SECTION 2. Tho rate of fare on such rail-
road or railway must not exceed five cents for
single tare.
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 and operated upon said railroad or
railway, which shall license and entitle him
TO rum manage and operate said railroad or
railway every day in the year
SECTION 4. The grantee herein named may
at any time abandon any part or portion of
the franchise herein granted upon filing with
the Board OF Trustees Of the City of Sacra-
mento written declaration OF such abandon
ment, particularly describing the part or por-
ton intended to be abandoned; and in the
event of such abandonment, the grantee and
Its assigns snail within ninety days thereafter
remove the tracks, rails, ties, poles, wires and
other materials from such street, streets or
portion Of streets so abandoned, ana place the
portion OF streets so abandoned in good order
and repair like the adjoining portions of the
street and TO the satisfaction of the Street
Commissioner, and ii such work be not done
by the grantee or its assigns, il may be done
by the Street Commissioner at the expense Of
the grantee, his heirs and assigns.
SECTION 5. 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
lien on against the franchise and railroad OF
SAID grantee nom the date of such 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 or streets
constantly in good repair and flush with the
street and with good crossings.
SECTION Z. The franchise hereby granted is
granted upon the condition that said grantee
and its assigns shall commence the construc-
tiOn of the street railway on said street within
sixty days, and complete the construction of
! FOiH lin aeE
passage OF this ordnance and that when said
railway is completed, the cars shall be run
regularly and daily inevitable accident ex-
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 day
and failure TO comply with any of the terms
and conditions hereof by the grantee. its sue
cessols and assigns, shall work q forfeiture OF
this franchise, and Said grantee, its successors
ana assigns snail thereupon remove said rail-
way and restore that part of said street made
use OF for the railway to It's 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 If
such work of removal be not done within
ninety days from and after such forfeiture by
| the grantee, It's 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 a lien upon such street
| railway and 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
4 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-wIres, and shall not
be less than twenty feet, measuring vertically
| from the surface of the roadway, and shall be
| supported by double lire of POLES, one on
each side of the street, and the poles shall be
smooth, well-painted wood, or round cast
| iron and shall be painted before being set up
and said grantee and its assigns shall keep
| n orr or and f.Ia ffs,N
| its own expense, the portion of the streets oc-
| cupied by such poles, so that the same at the
surface about the poles may be safe and con-
Venient 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 up
| And all such poles shall be set at such
| places along the inner curDing of the sidewalk
as the street commissioner shall direct. and
| IL by reason OF setting up such poles it shall be
| necessary to alter the water courses, cutters
| culvertS or entrances to culvertS, such changes
| or alterations shall be made at the expense of
| the grantee its heirs or assigns.
| SECTION 9. This ordinance is granted and
| accepted upon the express condition that the
Board of Trustees OF the city of Sacramento
shall have the power at any time to INQUIRE
into the fact whether the system of motive
power made use of to prOpel cars or the prac-
tical operation thereof, is a public nuisance,
or dangerous 10 persons and vehicles and the
city OF Sacramento expressly reserves the
right to take all necessary measures when
ever, IN the judgment or the EQard OF IruS-
tees of said city, II may become public nui-
sance, to secure the abatement of such a 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
1t of written notice, remoye all poles,
wires or other material that may be a nui-
sance or dangerous to life and property and
! put the streets through which they were
placed in the same condition in which they
n 6v M GO NJ Sni nurror a
its assigns, under the superintendence 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 Trus-
tees may cause the same TO be done and the
expense thereof shall be paid by said grantee
and its assigns, and the cift shall have q lien
upon said railway within its imits for said
payment. In case a Judgment shall at any
time be obtained to abate or to remove any
public nuisance created by such system OF
motive power, the city OF Sacramento shall be
entitled to recover from said grantee and its
| assigns q reasonable attorneys fee. not ex-
ceeding 81, 900, for services of its attorney
paid 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 ac-
cept the permission and privileges hereby
granted, and agreeto comply with all of the
conditions upon which the same are granted
within ten days after the passage of this Or
dinance, 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 10. In addition to the powers and
privileges granted by ordinances of the City
OF Sacramento, numbered 17o, 202, 224
225, 226 and 241 to the grantees therein
named, said grantees and each of them and
their assigns, are hereby granted the priyi
leges and right to propel cars upon the lines
OF railway railroad in said ordinances
named by wire ropes or cables running under
the streets, moved by stationary steam en-
gines or by electricity or electric power or by
gas engines or motor, or other motive power
save and except moving steam engines, OF