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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. ¢) .~ 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.