The record-union., 1891-07-31

| uSp-Nt anu Vpetate Street Halfway
| over ana Along Certain Streets in the
1ty OF Sacramento, and to Extend the
| rrNlleges GRANTED to Said Sacramento
] haLiWay ana Improvement Company" TO
X. s., J. I. and G. W. Carey to p : and
| G. W. Carey, and TO Frank D. Meyers nv
Ordinances Nos. I7o, zoe, ga, 2es. z26 and
| 24l to Construct, Lay Down, Maintain ard
Operate Street Railways in Said City.
| THE BOARD OF TRUSTEES OF THE
| 4 Sity OF sacramento 40 ordain as follows:
| SECTION /. There Is hereby granted TO 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
| Iltty years nom and after the passage or this
ordinance, single or double track street rail-
| way or railroad, with all necessary or con-
| Nenlent tracks for curves, turn-outS switches
sloe-tIacks, stations, turntables and append
ages 10 propel ears thereon by wire rope or
| cable running under the streets moved by
| stationary steam engines, or by electricity or
eIectrlc power, or by gas engine, or other
| motive power except moving steam engines,
ana 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 Il and
| Ihlrd streets; thence south along Third street
| to the intersection of Third street with q
street; thence east along street TO Tenth
| street 70 connect with the present railway on
SECTION 2. The rate of fare on such rall-
road or railway must not exceed five cents for
! n single fare.
SECTION B. The grantee herein named shah
pay TO 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 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
| 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-
tion intended to be abandoned; and in the
! event OF such abandonment, the grantee and
| It's 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 the
street and TO the satisfaction OF the Street
! commissioner, and If such work be not done
py the grantee or its assigns, 1t may be done
by the street commissioner at the expense OF
the grantee, his heirs and assigns
| SECTION .. The rate OF speed ON said rail-
au Foau or railway mustnot be greater than eight
! (Sl 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
said grantee from the date Ofsuch assesSInel. =
and may be collected in the same manner as
other assessments for improving streets are
collected ana 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-
tlon OF the street railway on said street within
sixty days, and complete the construction OF
such railway within six months from yae
passage OF this ordinance, 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 a failure to comply with any of the terms
and conditions hereof by the grantee its sue
CeSsoTS and assigns, shall work a forfeiture OF
this franchise, and said grantee, its successors
and assigns shall thereupon remove said rail-
way and 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 Sd It's
faction or the Street Commissioner, and If
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 tht. 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 tho
expense of such removal and Of repair of tho
street made necessary by the putting down or
removal of such railway.
SECTION s. 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
shaIl De hung from crosS-wlreS, and shall not
be less than twenty feet, measuring vertically
from the surface of the roadway, and shall he
| supported by q double line 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 ana its assigns shall keep
and maintain in good order and condition at
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-
venient TO travellers with teams aud 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 ut such
places along the inner curbing of the sidewalk
as the street commissioner shall direct. and
if by reason of setting up such poles il shall be
necessary to alter the water courses, cutters,
or alterations shall be made at the expense of
the grantee, its heirs or assigns.
| SECTION 8. 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-
| tcal operation thereof is d 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 ofTrus-
| tees of said city, it may become u public null
| S2Nce, 70 secure InG abatement OF such lul-
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
| it of written notice, remove all poles,
wires or other material that may be nui-
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 superintendence Of the
/
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 city shall have a lien
upon said railway within its limits for said
payment. In case 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 he
entitled to recover from said grantee and its
assigns n reasonable attorneys fee, not eI-
ceeding 81, 900, fer services of its attorney
paid by 1T, 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 agree TO 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
SECTION 10. In addition to the powers and
privileges granted by ordinances of the City
of Sacramento numbered 40, 2O2, 224,
225, 226 and 241, 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 the lines
! of railway or railroad in said ordinances
named by wire ropes or cables running under
the streets, moved by stationary steam en-
eines or by electricity or electric power or by
gas engines or motor, or other motive power.
save and except moving steam engines or
in Soatix