The record-union., 1891-07-24


Over and Along Certain Streets in the
City of Sacramento, and to Extend the
Privileges Granted to Said sacramento
Railway and Improvement Company" TO
r. S., ]. T. and C. W. Carey, to r. S. and
G. W, Carey, and TO Frank d. Meyers, BY
Ordinances Nos. ITO, 2o2, 224, 22s, 226 and
24l, TO Construct, Lay Down. Maintain and
Operate Street Railways in Said City.
! TIME BOARD OF TRUSTEES OF THE
| l. City of Sacramento do ordain as follows
SECTION l. There is hereby granted 10 the
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, lay down,
repair, maintain and operate, for the term OF
| nfly years from and after the passage of this
ordinance. single or double track street rail-
| way or railroad, with all necessary or con-
venient tracks for 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 fares and
compensation therefore for the use thereof in,
| through, on, over, uEon and along the follow
Ing streets in the said City of Sacramento: :
commencing at the intersection OF X and
Ihlrd streets; thence south along Third street
10 the intersection of Third street with q
| street; thence east along O street To Tenth
. street.
SECTION p The rat4 of fare on such rall-
! road or railway must not exceed five cents for
! SECTION 3. The grantee herein named shall
| pay 10 the City OF sacramento an annual
license OF five dollars in advance upon each
car run and operated upon said railroad or
! railway, which shalt license and entitIe him
TO run, manage and operate said railroad or
railway every Gay IL the year.
/ SECTION 4. The grantee herein named may
at any time abandon any part OF portion of
the francaiSe herein granted upon fling with
Inc Board ol Trustees OF the City OF Sacra-
nento n written declaration OF slch abandon
ment, partl ,uIarly describing the part or por-
tion intended 10 be abandoned; lnd in the
event OF such abandonment, the grantee and
Its assigns Sslall within ninety DAYS thereafter
remove the tracks, rails, ties, poles, wires and
other materials from such street. streets or
portion or streets so abandoned, AMI place the
portion OF streets so alb Indoned In good order
and repair like the adjoining portions of the
street and 10 the satisfaction of the Street
commissioner, and II such work be not done
py tne grantee or It's assigns, II may be done
by the Street Commissioner at the expense of
the grantee, his heirs and assigns.
SECTION D. The rate of speed on said rail-
road or railway must not be greater than eight
(Sl miles per hour.
SECTION q. The grantee herein named shall
pay ana be assessed for the costs OF impr0Yino
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 n
lien on against the franchise and RAILROAD of
saiQ grantee nom the Gate of such assessment
and may be collected in the same manner as
other assessments for improving streets are
collected, and said grantee and its assigns
snail 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
sucn 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 ex-
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 in the afternoon of each day.
ana failure to comply with any of the terms
and conditions hereof by tie grantee its sue
| cessors and assigns, Shall work a forfeiture OF
this franchise, and said grantee, its successors
ana assigns shall thereupon remove said rail-
way and restore that part 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 If
such work of removal be not done within
ninety days from and after such forfeiture by
the grantee, Its heirs or assigns then Il may
be done by the Street Commissioners al the ex-
pense OF the grantee its successors or assigns
and the city shall have 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 .. Should the ears 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 u 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 and its assigns shall keep
and maintain in good order and condition nj
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-
Ventent 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
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 8. This ordinance is granted nnd
accepted upon the express condition that the
| Board OF Trustees OF the city of Sacramento
| shall have the power at any time TO inouirt
| into the fact whether the system of motive
| power made use of to propel cans or the prac-
| teal op ration thereof is n 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 Board OF Trus-
| tees OF said city, u may become public nui-
| sance, to secure the abatement OF such n nui-
sance 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 Vpon
| IL OF written notice, remove ali poles
wires or other material that may be II 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 al 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 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 It's assigns, and the city shall have lien
upon said railway within its limits for said
| Tayment. In case q Judgment shall at any
| time be obtained TO aba.e or to remove any
| public nuisance created by such system Of
| motive power, the city OF Sacramento shall be
| entitled 10 recover from said grantee and its
| assigns 81 reasonable attorneys fec, not ex-
| cecding 81 900, for services of its attorney
paid by il, and such attorneys fee shall be
entered in the Judgment and shall be paid by
the grantee and It's assigns
| The said grantee shall have the right to ac-
cept the permission and privileges hereby
granted, and agree to comply with oil 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
| and void.
SECTION 10. In addition to the powers and
! privileges granted by ordinances of the CITY
| OF sacramento, numbered 17o, 2o2. 22i,
22o, 226 and 241, to the grantees therein
named, said grantees and each of them, and
their assigns, are hereby granted the privi-
leges and right to propel cars upon the lines
| OF railway or railroad III 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