The record-union., 1891-07-28

r. s., ]. I. and G. W. Carey. TO r S, and
G. W. Carey, and 10 Frank D. Movers. by
Ordinances Mes. 40, so2, e2l, 225. s2o and
24I, TO Construct Lay Down, Maintain and
Operate Street Railways in Said City.
T1IIE BOARD OF TRUSTEES OF THE
L City of Sacramento do ordain as follows:
SECTION i. There is hereby granted to the
| sacramento Railway and Improvement
Company and its assigns, subject To the prr-
visions OF the statutes governing the Citv of
Sacramento, the right TO construct, ayfdown,
repair maintain and operate, for the term of
Itty years from and after tie passage OF this
ordinance, u 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 10 collect, receive and retain fares and
compensation therefore for the use thereof, in,
through oa. over, upon and along the follow
Ing Stre~ia ln the said City of Sacramento: /:
Commenting Mt the intersection OF X and
Imru stfSHF; thence south along Third street
10 the intersection of Third street with o
street; thence east along street to Tenth
| . street.
| SECTION ,. The rate OF fare on such rall-
road or railway must not exceed five cents for
a single fare.
! SGCIIoS .. Inc grantee herein named shall
| 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, when shall hcense and entitle him
/ to run. manage and operate said railroad or
| railway every day in the year.
SECTION 4. The grantee herein named may
ct any time abandon any part or portion Of
the franchise herein granted upon filing with
the Board OF Trustees Of the City of Sacr;l-
meuto a written declaration of such abandon
ment, particularly describing the part or por-
cd EA {ApT IlotN md ~
event of such abandonment, the grantee and
its assigns shall within ninety days thereafter
remove the tracks, rails, ties, poles, wires and
other materials nom such street. streets or
portion OF streets so abandoned, and place the
portion OF streets so ab bindoned in good order
and repair like the adjoining portions OF the
street and to the satisfaction OF the Street
Commissioner. and ii such work be not done
oy tle grantee or It's assigns, IT may be done
Dy inc street Commlssionerat the expense OF
the grantee his heirs and assigns.
SECTION 3. The rate OF speed on said rail-
road or railway must not be greater than eight
(S) miles per hour.
SECTION 8. The grantee herein named shall
pay ana be assessed for the costs ofimproviug
the portion of the street or streets eIlDTaced
between the rails of the track or tracks of said
railway or railroad ana for two feet on each
side thereof, and sucn assessment shall be a
lien on against the franchise and railroad of
said grantee from the date of such assessment
ana may be collected in the same manner as
other assessments for improving streets are
collected, and said grantee and its assigns
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
ana It's assigns shall commence the construc-
ton OF the street railway on said street within
| sixty days, and complete the construction OF
Sueh railway within six months from the
| passage OF this ordinance, and that when said
! railway is completed, the cars shall be run
! regularly and daily inevitable accident cX-
ceptedl, 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 III the afternoon of each day,
/ and failure TO comply With any of theterInS
! and conditions hereof by the grantee its sue
ceSsOfS and assigns, shall work a forfeiture OF
TINS franchise, and SAID grantee, its successors
ana assigns snail thereupOn remove said rail-
| way and restore that rart of said street made
use OF for the railway to It's original condition
| ana 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 if
! such work of removal be not done within
ninety days from and after such forfeiture by
the grantee, lis 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 q 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 or
removal of such railway.
| SECTION 5. Should the cars on said railway
| be propelled by overhead wires III 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 Ioles one on
each side of the street; and the poles shall be
| smooth, wel-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 ana condition at
| its own expense, the portion 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 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 np
| And all such poles shall be set at such
! places along the inner curbirg of the sidewalk
| rs the Street Commissioner snail direct. and
| If by reason OF setting up such poles il shall be
! necessary to alter tie water courses, cutters
culyerts or entrances to culverts, such changes
or alterations shall be made 1T the expense of
/ the grantee, its heirs or assigns.
| SECTION 8. This ordinance is granted and
| accented upon the express condition that the
| Board OF Trustees OF the city of Sacramento
| shall Eave the power at any time TO inquire
| into the fact whether the system of motive
| power made use oft propel caIs or the prac-
/ teal operation thereof, is i 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 To1rd ofTrus-
! tees of said city, 1t may become Il public nui-
Sancc, to secure tie abatement of such nui-
sancc and prevent the further use of such
motive power; ami the said grantee, it's sue
cesS0r; and assigns. shall WITHIN ninety fays
| after the judgment or decree to that effect
! shall become final and after the service npon
| IL OF WITH notice, remove al! poles
! wires or other material that may be . nui-
GaGCc or dangerous 10 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 superintendent of the
! Street Commissioner. In case the same is not
/ done by the grantee and its assigns in Tie
! time limited therefor, then tue Board of Trus-
! tees may cause the same to be done and the
| expense thereof shall bc paid by said erantee
| ana It's assigns, and the city shall have q lien
| upon said railway within its limits for said
| payment. In case q Judgment Shall at any
! time be obtained to abate or to remove ary
| public nuisance created by such system Of
| motive power the city Of Sacramento shall be
entitled to recover from said grantee and its
| ceeding 1000, for services of Its attorney
| paid by IT, and such attorneys fee Shall pe
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
! dinaGce, and shall file said acceptance with
the 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
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 hereny granted the priyi-
leges and right to propcl cars ppon the lines
of railway or railroad in said ordinances
named, by wire ropes or cables runninonnder
i the streets, moved by stationary steam en-
gines OF by electricity or ele.trIc 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 d Section s and
Section OF this ordinance, and all parts OF
the ordinances in this section first enumerated
! in conflict with the provisions of this socfgon
are hereby repealed. A>'
SECTION II. The rights and privileges here
| IN granted 10 said grantee, and its assigns. nre
1 granted upon condition and IL occoY1t,l -,