The record-union., 1891-07-23
FTNHE BOARD OF TRUSTEES OF TIL
CIV OF Sacl.l q t.AlIL.....

road or a.lway must not exceed i've cents for
Il single tare.
pay TO the City of sacramento an ANNA
license of five dollars in advance upon eacI
car ful ana operated upon said railroad ol
railway, which shalt license and entitle him
10 run. manage and operate said railroad oi
railway every cay in the year.
SECTION 4. lac grantee herein named max
az any time abandon any part or portion o
the francnlSe herein granted upon tiIing with
the Board OF Trustees of the City OF Sacra
nIento a written declaration of such abandon
ment, particularly describing the part or por
ton intended to be abandoned; and in the
event oi such abandonment, the grantee and
Its assigns Suall within ninety days therea :tp,
remove the tracks, rails, ties, poles wires and
otner ln;tterIil!S from such street, streets OIL
portion OF streets SO abandoned, and place tho
portion OF streets so abandoned in good order
ana rclair like the adjoining portions of The
street and 10 the satisfaction of the Street
commissioner, and ii such work be not done
by tue grantee or its assigns, il may be done
by the street Commissioner at the expense o1
the grantee, his heirs and assigns.
SECTION D. The rate of speed on said rail
read 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 enDraceC
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 n
len on against the franchise and railroad OF
sald grantee from the date ofsuch assessment
and may be collected in the same manner as
otner assessments for improving streets are
collected, and said grantee and its assigns
snail keep said portion of said street or streets
constantly III 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
ton OF the street railway on said street within
sixty days, and complete the construction o
such railway within six months from Tho
ordinance Urta sair
railway is completed, the cars shall be run
regularly and daily (ineVitabie accident eS.
cepted, over the Whole OF said rOad as Otter
as once every fifteen minutes between the
hours, of seven O'Clock in the forenoon and
seven O'Clock in the afternoon of each Gav
and failure to comply with any of the terms
and conditions hereof by the grantee its sue
ceSsOTs and assigns, shall work a forfeiture O
this franchise, and said grantee its successor.
and assigns shall thereupon remove said rail
way and restore that Tart 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 il
such work OF removal be not done within
ninety days from and after such forfeiture by
the grantee, its heirs or assigns, then il NAV
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 OF
removal of such railway.
SECTION 5. 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 EoleS 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 keen
maintain good M
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
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 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 il shall be
culvertS or entrances to culYertS, such changes
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
Poard 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-
teal operation thereof, is public nuisance,
or dangerous TO persons and vehicles, and the
city OF Sacramento expressly reserves the
=
ever, in the Judgment of the Board of TruS-
tees of said city, 1t may become public nui-
sance, TO secure the abatement OF such a nui-
Sanee and prevent the further use of such
motive power; ana 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
il of written notice, remove all poles,
wires or otner material that may be Il nui-
sance or dangerous to life and property, and
put the streets through which they were
lNIa n yyh hoy
now are at the expense OF said grantee and
its assigns, under tue 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 Trus-
tees may cause the same to be done and the
expense thereof shall be paid by sal grantee
and its assigns, and the city shall have Il lien
upon said railway within It's limits for said
Layment. 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 cx-
ceeaing 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 &C.
cept the permission and privileges hereby
granted, and ngree to comply with all of The
conditions upon which the same are gcanted
within ten days after the passage of this or
dinance, and shall file said acceptance with
city, otherwise this ordinance shall be nul
ana void.
SECTION 10. In addition to the powers ant
privileges granted by ordinances of the City
of Sacramento, numbered 40, cog, 224
225, 226 and 241, to the grantees therein
named, said grantees and each of them anc
their assigns, are hereby granted the privi
leges and right to propel cars upon the lines
of railway or raill load 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, ol
horses, or mules, under the restrictions anC
conditions named in Section a, Section anC
Section OF this ordinance, and all parts o
the ordinances in this section first enumerated
in conflict with tho provisions of this section
are hereby repealed.
SECTION IL. The rights and privileges here
in granted o said grantee, andits assigns, arr
granted upon condition, and ii accepted bN
upon condition that from ana after one veal
from the passage of this ordinance sale
grantee. and its assigns, shall not have Tho
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 tn,
street railways. nor on any of the street;
mentioned in the ordinance referred to in Sec
ton 10 of this ordinance.
SECTION IL. The rights aad privileges here
in granted are accepted upon condition tha
the city OF Sacramento may at any and al
times make use, fee OF charge, OF any or al
the poles provided for in Section hereof /,
support any telegraph, telephone electri
light and fire-alarm wires belonging to saiC
city. the use OF the city to be such, however a
not TO interfere with the use thereof by th
grantee, its succes sors and assigns.
SECTION 13. This ordinance Shall take effec
Immediately.
Passed July go, 1891.
w. D. COMSTOCK
President Of the Board OF Trustees.
j. ID. YOUNG, Clerk. jyoo-1Of