The record-union., 1891-08-01

Railway and Improvement Company to
Construct and Operate a Street Railway
over and Along Certain Streets in the
City oil Sacramento, and to Extend the
Privileges Granted to Said 'Sacramento
Railway and Improvement Company" to
K. ), J. I. and G. W. Carey, to r. s. and
t. W. Carey, and To Frank D. Meyers, by
ordinances Nos iTo, 2O2 224, e2s, z26 ard
al, 10 Construct, Lay Down, Maintain and
Operate Street Railways in Said City.
VNHE BOARD OF TRUSTEES OF THE
L City of Sacramento do orCain as follows;
SECTION i. There is hereby granted 10 the
sacramento Hallway and Improvement
Spotlpahy, anC It's assigns, subject 10 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
MY Years from and after the passage OF this
ordnance, a single double track street r.,ii-
way or railroad, with all necessary or con-
Venient tracks tor curves turIl-outs, switches
slde-tlackS, stations, turntables and append
ages to propel ears thereon by wire rope or
caoto running undcr the streets moved by
stationary steam engines, by electricity or
electrlc power, on 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 SaCramCnto.
commencing at the intersection OF K and
1hird streets; thence south along Third street
10 The intersection OF Third street with o
street; thence east along o street to Tenth
street To connect with the present railway on
SECTION 2. The rate OF fare on such raII
road or railway must not exceed five cents for
single fare
SECTION 5. The grantee herein named shan
pay 10 the City of Sacramento an annual
license oi 1iye dollars in advance upon each
car rah ana operated upon said railroad or
railway, which shall license and entitle him
TO rum manage aud operate said railroad or
railway every day in the year.
SECTION 4. The grantee herein named may
az any tlme abandon any part or portion OF
the franchise herein granted upoa 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
us assigns shall within ninety days thereafter
remove the tracks, rails, ties poes wires and
other materials from such street, streets or
portion OF streets SO abandoned, and place the
portion OF streets so abandoned in gooa order
and repair like the adjoining portions of the
street ana TO the satisfaction of the Street
commissioner, ana II such work be not done
by the grantee or It's assigns, il 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-
read or railway mustnot be greater than eight
(6l miles per hour.
SECTION 8. The grantee herein named shall
pay ana be assessed for the costs of improving
the portion OF the street or streets EN- braced
between the rails of the track or tracks of said
sue thereo!, and such assessment shall be q
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 Tor improving streets are
collected, and 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
ana Its assigns snail commence the conStruc-
ton OF the street railway ON said street within
| sixty days aud complete the construction OF
such railway within six months rom the
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 IS 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 Il failure to comply with any of the terms
and conditions hereof by the grantee its sue
| ceSsofs and assigns, shall work a forfeiture OF
this franchise, and said grantee, its successors
and assigns shall thereupon remove said rail-
way ana restore that art of said street made
use of for the railway to its 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 II
such work of removal be not done within
ninety days rom and after such forfeiture bv
the gruntee, its heirs or assigns, then it may
! be done by the Street Commissioner at the eX-
! peIlSe OF the grantee its successors or assigns
and the city shall have a lien upon such street
! railway and all the materials thereof fo7 the
! expense or such removal and of repair Of the
1 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 oEerhead wires used as electric conductors
shall be hung from CroSS-NvlreS and shall not
be less than twenty feet, measuring vertically
from the surface of the roadway, and shall be
supported by 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 M
ASSIGNS iyp0
and maintain III good order ana condition at
It's own expense, the portion of the streets oc-
cup1ed by such poles, so that the same at the
surface about the poles may be safe and con-
yenlent to travellers with teams and vehicles
at al seasons OF the year, and so that there
snail be no obstruction to the proper flow OF
water along and over the cutters constructed
at the places where the poles may be set uD
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
culVertS or entrances TO culVertS, such changes
or alterations Shall be made at the expense of.
the grantee. its heirs or assigns.
SECTION y. 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 70 propel cars or the prac-
tical operation thereof, is a public nuisance
or dangerous 10 persons and vehicles, and the
city OF Sacramento expressly reserves the
right to take all necessary measures when
ever in the Judgment of the Poard of Trus-
tees of said city, it may become public nui-
Sance, TO secure the abatement Of such nui-
sance ard prevent the further use of such
motive power; anu the said grantee, its sue
cossors and assigns, shall within ninety days
after the Judgment or decree 20 that effect
shall become hna! and after the service upon
1t OF written notice, remove all poles,
wires or other material that may be nui-
sance or dangerous to lie 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
It's assigns, under the SuperintenQence of the
Street Commissioner IN case the same is not
done by the grantee and its assigns I'm the
time limited therefor, then the Board of Trus-
tees may cause tho 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
Gyment. In case q Judgment shall at any
tine 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
assigns reasonable attorneys fee, 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 sara 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
diD&Dce, aud 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, 202 224,
226, 226 and 241, tG the grantees therein
named, said grantees and each of them, aud
their assigns, arc hereby granted the privi-
leges and right to propel cars upon the lines
of railway railroad in said ordinances
named, by wire ropes or cables running under
the streets, moved by stationary steam eu-
gines or by electricity or electric power, or by