The record-union., 1891-07-30

Over and Along Certain Streets in tno
City of Sacramento, and to Extend tbe
Privileges Granted to Said ''Sacrameuto
Railway and Improvement Company, 10
R. s., ]. I. and G. W. Carey, 70 r. s and
e. W, Carey, and to Frank D. Movers nv
Ordinances Nos. ITO, 2o2, 224, 22s, sso and
2iI, to Construct, Lay Down, Maintain and
Operate Street Railways in Said CITY.
TIME BOARD OF TRUSTEES OF THE
i City of Sacramento do ordain as follows.
SECTION /. There is hereby granted IN tho
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, Law down
repair, maintain and operate, for the term OF
nifty years from and after the passage of this
ordinance, q single or double track street rail-
way or railroad, with ali necessary or con-
Nenlent tracks for curves, turn-outs, switches
slde-u acks, stations, turntables and append
ages To propel cars 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 eueines
and 10 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
Third streets; thence south along Third street
TO the intersection OF Third street with o
street. thence east along Q street to Tenth
street To connect with the present railway on
O street.
SECTION ?. The rate of fare ON such ro,,.
road or railway must not exceed tiVe cents for
single fare.
SECTION ;. The grantee herein named shah
pay 10 the City OF sacramento an annual
license of i've dollars III advance upon each
car run and operated upon said railroad or
railway, which shall license and entitlc him
to run, manage and operate said railroad or
railway every day in the year
SECTION /. The grantee herein named may
az any time abandon any part or portion OF
tae franchise herein granted upon filing with
the Board OF Trustees OF the City OF Sacra-
mentO a written declaration of such abandon
Inent, particularly describing the part or por-
uon intended to be abandoned; 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
Other materials from such street, streets or
portion OF streets so abandoned, and place the
portion OF streets so abandoned in good order
ana repair like the adjoining portions of tho
street ana TO the satisfaction OF the Street
Commissioner, and If such work be not done
by the grantee or its assigns il may be done
by the Street Commissioner ut the expense of
the grantee, his heirs and assigns.
SECTION D. The rate of speed on said rail
road or railway mUstnot begreater than eight
(Sl miles per hour.
SECTION g. 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 thereon, ana such assessment shall be n
lien on against the franchise and railroad OF
said grantee from the date OfSuch assessment
and may bC collected in the same manner as
other assessments FOR improving streets are
collected, and said grantee aud its assigns
shall keep said portion o! said street streets
constantly in good repair and flush with the
street ana with good crossings
SECTION =. The franchise hereby granted is
granted upon the condition that said grantee
and i;s assigns shall commence the construc-
ton Oi the street railway on said street within
sixty days, and complete the construction of
such railway within six months from the
/ passage oi this ordinance and that when said
! railway is completed, the caCs snail be run
/ Regularly ana daily inevitable accident eX-
CgptcdJ. over the whole of said road aS often
/ rs once every fifteen minutes between the
/ hours OF seven O'Clock in the forenoon and
! seven O'Clock iii the afternoon of each day,
| and a failure tn comply with any OF the terms
and conditions hereof by the grantee, its sue
! CCssOrs and assigns, shall work Il forfeiture OF
/ this franchise, and said grantee its successors
/ and assigns snail thCreupOn remove said rail-
/ way and restore that rart 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, ana II
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
I be done by the Street Commissioner at the ex-
pcnSe OF the grantee, its successors or assigns.
and the city shall have Il lien upon such street
I railway and all the materials thereof for the
1 expense of such removal and of repair of the
/ street made necessary by the putting down or
removal of such railway.
SECTION >. 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 a double line of poles, one on
each side of the street; and the poles shall be
smooth, weli-patuted wood, or round cast
iron, and shall bc painted before being set up,
and said grantee and its assigns shall keep
if1fe
! 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-
| veniCut 20 travellers with teams and vehicles
at ali seasons of the year, and so that there
| shall be no obstruction to the proper flow of
I.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 curbing of the sidewalk
| as the street Commissioner shall direct. and
if by reason of setting up such poles it shall be
! necessary to alter the water courses, cutters,
| culyerts or entrances TO culverts, such changes
| or alterations shall be made Mt 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 to persons and vehicles. and the
city OF sacramento expressly reserves the
| right to take all necessary measures when
ever, IN the judgment OF the board of IruS-
tees of said city, il 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
cesscrS and assigns shall within ninety days
after the JUDGMENT or decree TO that effect
shall become final ana after the service upon
il OF written notice, remove all poles.
wires or other material that may be n nui-
sance or dangerous to life and property, and
put the streets through which they were
placed in the same condition In which they
/ the n co ora np and
its assigns, under the superntendence of the
Street Commissioner. In case the same Is not
done by the grantee and its assigns in tho
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 city shall have Her
upon said railway within its limits for said
] ayment. in case a judgment shall at any
| time be obtained to Gbate or to remove any
public nuisance created by such system o
motive power, the city OF Sacramento shall bt
entitled TO recover from said grantee and it
| assigns q reasonable attorneys fee, not CX
ceeding $1,000, for services of its ATTORNEY
paid by it, and such attorneys fee snail b
entered in the Judgment and shall be paid b,
the grantee and its assigns.
The said grantee shall have the right to ac
, cept the permission and privileges hereb,
granted, and agree 10 comply with all OF Jh
conditions upon which the same are granted
within ten days after the passage of this OF
dinance, and shall hle said acceptance witt
the Clerk of the Board of Trustees of SaiC
, city, otherwise this ordinance shall be nul
( ana VOID.
SFCrIoN 10 In addition to the powers anC
privileges granted by ordinances of the Cit,
of Sacramento, numbered 17o, 2o2, 224
225 226 and PAL, to the grantees therein
f | named said grantees and each of them, ant
their assigns, are hereby granted the privi
leges and right TO propel ears upon the lire
: of railway or railroad in said ordinance
named, by wire ropes or cables running unde
the streets, moved by stationary steam en-
gines or by electricity or electric power or b,
gas engines or motor, or other motive power
an6 moving steam ppuinpS
horses, or mules, under the restrictions ant
conditions named in Section 4, Section ant