HomeMy WebLinkAboutORD NO 50 Ordinance i~o.~--~ of the Board of T~ustees of the City of
Bakersfield, County of Kern, State of California, granting a
execut...ors, adm.inistrators and assigns.
The .Board of Tr'~stees of the Ci"ty of Bakersfield, do ordain as
follows:
Sectioh 1.--.The right., privilege and franchise i~ hereby
gran. ted t~/~' ~. ~.~~his heirs, execu, tors, administrators
and assigns, lto ~nstruc. t~ lay down, maintain and operate, for
the term of fifty years, from and after the date hereof, a
· . single or double track street railroad with necessary and con~
venient stati'ons, side tr~cks, switches, 'turn outs, turn
tables, .trolleys ~d appliances for the purpose of operating ~
.~..,~r?e~ c~s, d~aies, motors, ..... and other appliances, for .Pr°~'. ':'
pelling street c~s;~long and dpon the following streets of
the City of B~ersfield, County of ~ern, State of California,
.~.,ast line of Section Thirty, to~'~&
to wit: Commencing at the ~'~ '
, ship Twenty-nine South of ]~ange Twentyaeight East, ~i. D. B. &
.: ).% at~'.the poi.hr w'l~ere l~th, Street intersects the center of
D~io~ ·Avenue; thence ~Jesterly upon and~'~long igc'th, Street to
w. Street; thence Southerly along ~. Street to 15th,
Street; the said railroad to be operated by cable with station-
ary motive power, or by e'lectri.~iby by use of motive power by
k- ' trolleys, or by such other motive po~ver or appliances as may ~
~ ..... ' be 'necess~y ~d as science may invent d the iaw ;' and
he and they are hereby authorized to collect f~es from pass-· :
enger's travelling on or by said railroad..
~ Section 2. ' The foregoing grant is made dpon the following
conditions, to be strictly performed and complied with by said
gz. Etee.,. his heirs, executors, administrators and assigns ..~.
irst.,--That the tracks of ·said street railroad, shall
be
constructed and laid by the holder of said franchise, on and
along said streets above described ms nearly as possible ih
the mihldle there6f; and the rails shall be of the pattern in
general .H~e for ~leotric Railroads and in no case shaI1 .T
rails be used.
Second.-'-~ That the said streets for the entire length of the
tracks of said. railroad, shall, be planked, paved or
y the holder of said franctiise, between the rails of .said
railroad and for two feet on each s.ide thereof and between the
tracks, if there be mo~e than one, in like manner and with
like material as the. streets shall be plan2ed, pave~ or macad-
ami at~bhe respective points along the said r~ilroad and
the same~J.~'h, all be kept by the holder· of said· franchise, con,
stantly, in repair, flush w'ith the street and with good crossJ
.Third. ' That the tracks of said railroad must be, not more
than five feet between the' rails and must have a space between
them sufficient to ~llow the cars to pass each other freely.
Fourth.-- That work must be co~,~enced i:~' the construction of
said railroad within three months after the date of the grant
of this franchise, and that a single track railroad must be
completed for the entire length of ·said railroad as herein de~'
scribed within one year from and ~fter the date of 'the grant of
this franchise....
:
Fifth. ' That the fares collected from passengers on said
railr°a.d ·shall not exo~e.e.~_~iy_e._o_e_n, ts each. way..for e~oh passL
enger, for ~h~, portion .or the entire length of said raiTroad..
Sixth.-~- That m~il carriers of the United States government
shall at all times while engaged in the actual discharge of
their duty as-such, be permitted and ~llowed to ride on the
cars of the said railroad without paying any sum of money for
fare or otherwise.
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.~ Seventh..-'~ .That the holder of this gran. t of franchise, after
the first five years from the date hereof, shall well and
truly PaN annually in l'awful money ..of the United States to
said City of Bakersfield, t~ee per cent of the gross annual
, receipts.,: arising from the use operation 'or possession of said
street r~'iiroa~-and -franchise.
Eection S.. -'- It shall be lawful for said grantee, his hei'rs,
execUtors, administrators and assigns, at his or theih option
to propel', c~rs over said railroad, by electricity with modern
appliances ~nd requ~irements, or ~wire ropes running under
said streets and moved by st~tion~ry steam engines or other
power, or by such other means as may be sanctioned by law.~
VJhenever said grantee, his heirs, executors, a~uin~
~ iztrators' or assigns shall elect to operate said railroad by
the use of ~n endless wire rope or .~able and stationary steam
~ ............ ~__e'n-gine.s o.r o. ther Row.er.,. it sha~l..l_ b.e. lawf~.l._for, him .gr t. hem..~_os .,.
make all needful and convenient trenches and excavations in
' any of said Streets under which it is proposed to place such
rope or cable, and to place in such trenches and excavations ~
i all needful and '~onvenient machinery for operating said rail~
road in the manner a~nd .by the means, aforesaid; and it shall 'be
lawful for him o~ them to ere6t and maintain at convenient
.. and suitable points on lands along the line of the streets
~nder which said wire ropes or cables are placed, steam, eh'.
gines and boi'lers of ample and ~ufficient capacity and. other
applia~'~ces for f~'nishing motive power by other means, and to
co'nn'ect..the same with...zuch wire ro.p. es or cables. All such
trenches and excavations shall b'e m~d.e beneath the surface of
the streets, which surface shall b'e securely supported, so a.s
'-- not to impair.the use and enjoyment of the streets by th~ pub~'
· lic; the frame work of all trenches and exo~ations i~ which '.!
, wi~e ropes or cables are placed shall be constructed in a su'b-
stantial alld worDnnanlike manner, and the s'lot or aperture
ope.n, ing into sa'id trenches or excavations i'shall not exceed
sev~n eights of an inch in width.
V~enever said grantee, .his heirs, executors, admin-
istrators, or assigns shall elect to operate said railroad by
the us..e of electricity with trolleys '~d other ap.plianc~s for
the transmission of po~'er, it shall be 1.awful for him or them.
to: make all necessary excavations i~ said street and to
erect and maintain i~ and over said streets all needful and
convenient poles, wires, and appliances for the transmission
· of subh electric powerS'and to cozmect the sam.e w'ith the
· .source of such electri'c p.ower and to erect a plant for the
proddction 6f suc,h electric Power at a convenient point on
lands along the line o'F said strSets and ¢ozm~ect the same
with the wires and appliances for the transmission of power
~. ...;-~.,'~-~.~' .~ .... .-'-..,~ ~ .... .. as aforesaid. The. ..... said .poles, wires ~d other appliances to
..:~:-~ be constructed in a substantial and workmanlike manner.
Section 4. -- 'This ordinance shall take effect from .'and
after the date of its passage a~d shall be published "~t least
once in th'e' Call' or ' -
· z ~ nla~, ~y~e-vspaper printed and pub,
lished in said Ci.ty of "~ ' "$'
]oaKers.~ le id.
Passed and adopted by said ~:oard of Trustees, in open session,
at a regula~ meeting of said 'Board on the ~'th, day of ~'ffarch
1909, upon roll call of the members of the Board ~y the
following vote.
, ~ . · ~-- Chairman of the Board .of T~stees
City Clerk and Clerk of sa~d Board.