The record-union., 1891-07-22
1tr1u advertisements.

accepted upon the express condition that the
! Eoar1 of Trustees OF the city OF Sacramento
! shall q re the power at any time to inquire
/ into the fact whether the system of motive
| power made use of to propel cal S or the prac-
! tical Cp ration thereof, is q 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 of the Ioard oS Trus-
! tees of said city, it may become public nui-
! sance, to secure the abatement OF such nui-
| motive power; and the said gfantee, its sue
| cesscrs and assigns, shall within ninety days
/ after the judgment or decree to that effect
| shall become fiual and after the service upon
| it of written notice, remove all poles,
wires or other material that may be a nui-
| sauce O.. dangerous TO life and property, and
put the streets through which they We're
placed in the same condition in which they
I now are a. the expense OF said grantee and
4 its assigns, under the superintendent of she
! Street Commissioners. III 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 sai grantee
and lis assigns, and the city shall have q lien
! upon said railway within its lini for said
! I ayment. 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 reasonable attorneys fee not ex-
ceeding 81 600, for services of its attorney
! q d 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 az
| cept the permission and privileges hereby
/ granted, and agree 10 comply with all of The
/ conditions upon which the same are granted
swithin ten days after the passage of this or
+ dinance, and shall file said acceptance with
| tie 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
I Is.f to A1,..tsa
! 225, 226 and 241, to the grantees therein
named, said grantees and each of them, and
! their assigns, are hereby granted the privi-
] legeS and right TO pTopel 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 ele trio power, or by
gas engines or motor, or other motive power,
! save and except moving steam engines, or
! horses, or mules, under the restrictions and
conditions named in Section 4 Section and
! Section of this ordinance, and all parts of
/ the ordinances in this section first enumerated
/ in conflict with the provisions of this section
| are hereby repealed.
] SECTION IL The rights and privileges here
| in granted TO said grantee, and its assigns, are
granted upon condition, and If accepted by
| the grantee are To be deemed as accepted by 1t
upon condition that from and after one year
from the passage of this ordinance said
| grantee, and its assigns, shall not have the
! right TO use mules or horses as the motive
| power to propel the cars on the street railway
| herein provided for, nor on any OF the
street railways. nor on any of the streets
mentioned in the ordinance referred to in Sec
tion 10 of this ordinance.
SECTION II. The rights and privileges here
! III granted are accepted upon condition that
the city of Sacramento may at any and all
| times make use, free of charge, of any or all
! the poles provided for In Section hereof, TO
! support any telegraph, telephone, electric
| light and tire-aiarm wires belonging to said
city. the use of the city to be such, however, as
not to interfere with the use thereof by the
grantee. its succes sors and assigns.
! SECTION 13. This ordinance Shall take effect
! Immediately.
Passed July &c, 1891.
w. d. COMSTOCK,
President of the Board of Trustees.
| j. ID. Young, Clerk. iy22-10t