The record-union., 1891-07-27

SoaStiuCl ana Uperate i otreet RaliWiY
Over aud Along Certain Streets in the
City of Sacramento. and TO Extend the
Privileges Granted to Said Sacramento
Railway and Improvement Company" to
K. s., J. I. an6 G. W Carey, to Il. S, aad
G. W. Carey, and TO Frank D. Meyers, by
ordinances Nos. TO, ao2, 224, 2c5, s2o and
2iI TO Construct, Lay Down, Maintain and
Operate Street Railways in Said City.
TSHE BOARD OF TRUSTEES OF THE
i City of Sacramento do ordain as follows:
SECTION /. There is hereby granted to the
company, and its assigns, subject TO the pro-
visions OF the statutes governing the City of
sacramento, the right TO construct, lay down,
repair, maintain and operate, for the term of
fifty years from and after the passage of this
ordnance, 4 single or double track street rail-
way or railroad, with all necessary or con-
Nenlent tracks tor curves, turn-outs, switches
side-tracks, 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 gas engine or other
motive power except moving steam engines
and TO collect, receive and retain leres and
compensation therefore for the use thereof, in,
through, on, over, upon and along the follow
Ing streets in the said City Of SacraraentO: !:
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 o street TO Tenth
street to connect with the present railway on
o street.
SECTION 2. The rate OF fare on sucli raIl-
road or railway mus not exceed five cents for
q single fare.
SECTION 5. The grantee herein named Shall
pay TO tho 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 entitic him
TO run, manage and operate said railroad or
railway every day in the year.
SECTION i. 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 shall within ninety days thereafter
remove the tracks, rails, ties, poles wires and
other materials tIom sGch street, streets or
portion of streets so abandoned ana place the
portion OF streets so ab lnGoned in good order
and repair like the adjoining portions of the
street and 10 the satisfaction OF the Street
Commissioner, and il such work be not done
by the grantee or its assigns, ii 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 a
lien on against the franchise and railroad of
SAID grantee from the date ofsuch assessment,
and may be collected in the same manner as
other assessments for improving streets are
collected, and said grantee ana 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-
ton of the street railway on said street within
/ sixty days, and complete the construction OF
such railway within six months from The
passage OF this ordinance, and that when said
railway is completed, the cats 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 Gav
and failure to comply with any of the terms
and conditions hereof by tie grantee, its sue
cessors and assigns, shall work Il forfeiture OF
this franchise, and said grantee its successors
ana assigns shall thereupon remove said rail-
way ana 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 ana 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, its 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 81 lien upon such street
railway and ali the materials thereof for the
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
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 q double line of POLES, one on
each side of the street; and the poles shall be
smooth, well-patnted wood or round cast
iron, and Shall be painted before being set up,
and said grantee and its assigns shall keen
and maintain in good order and condition, at
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 curbing of the sidewalk
as the Street Commissioner Shall direct and
if by reason OF setting up such poles it snail be
necessary to alter the water courses, cutters,
culverts or entrances to culVcrtS, 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
Board of Trustees of the city of Sacramento
shall have the power at any time 20 inquire
| into the TACT whether the system of motive
/ power made Use OF TO propel ears or the prac-
! tical Cp eration thereof is n public nuisance
or dangerous to persons and Vehicles, and the
4 !
| right to take all necessary measures when
! ever in the Judgment OF the Eoard afTrus-
| tees of said city, 1t may become Il public nui-
sancc, 10 secure the abatement Of Stch = nui-
| sance and prevent the further use of such
| motive power; ard the said grantee, its sue
| cesSorS and assigns, shall within ninety days
| after the Judgment o. decree TO that effect
| shall become final and after the service uron
| it of written notice. remove al poles
| wires or other material that may be . nui-
| sancc or dangerous TO life ana 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 ard
] its assigns, under the superintendent OF the
| Street Commissioner. In case the same is not
done by the grantee and its assigns in inc
| time limited therefor, then the Board OF TI.us-
tees may cause the same to be done and the
| expense thereof shan be paid by sal 1 grantee
and its assigns, and the city shall have u lien
upon said railway within its limits for said
payment. In case n Judgment shall at any
| time be obtained to aEatc or to remove an =
public nuisance created by such system OF
motive power, the city OF Sacramento shall be
| entitled 10 recover from said grantee and its
assigns a reasonable attorneys fec not ex-
| ceeding $1,000, 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
conditions upon which the same are granted
within ten days after the passage OF this or
| dinaDce, and shall file said acceptance with
Tue CLerA Ol tAt itOtri OF trustees Oh 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 40, 2O2 224,
! 225, 226 and PAL, to the grantees therein
named, said grantees ana each Of them, and
their assigns, are hereby granted the privi-
leges and right 10 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-
| gineS or by electricity or electric 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