HomeMy WebLinkAboutORD NO 101 ORDINANCE NO o
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4 Ordinance No. /~._~__~ of t!le Board oz" Tr~tstees of the City
S. of Bakersfield, County of Kern, State of C~.~if~ia, grant~ a
e franchise for a street railroad to Bakersfield and Kern Electric
7 Railway Company, a co~oration, its successors ~d a~signs.
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The Board of T~stees of the City of Bakers~eld
ordain a~ follows:
Section 1: Tbs right, prlwilege and franc~.ee ls hereby
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grented to the Bakersfield and Kern Electrle Rall~a~ Company, a
corporati~, its successors and assl~s to construct, lay
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naint~ln and ordinate, for t~e te~.~ of fifty ~-ears ~o~ and ~fter
the date .hereof, 8 ~lngle or double t~aek ~t~eet r~il~'ad with
all necessa~ and eon~enlent station"s, side tracks, switches,
turnLouts, trolleys, ~oles, connecting wires and appliances for
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the pur~Do~e of operatiC, z.~lntaining ~n?~ ~ning street cars,
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~otors and other appliances for ~ropelli~ street cars, for the
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carrying and trans~ortl~ of p~sengers along ~d u!~on t]~
: lng st~eet~ of the City of Bakersfield, County of Kern, Etate
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of California, to-wit:
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Co~enci~ at the present te~inu~ of t]~ Bakersfield
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and Kern Electric Railway Co~.~sny's trac~ at the intersection
of l~th and El~ ~tro~te in s~i(~ City, snd r~nning t;~nce ~est on
s21d l~th st'feet ~n~ to the center li~e of Oak Etreet in ~s. id City;
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thence ~outh on s~i~l O~.k Ernest, to its intersection r~ith
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Avenue in s~ld City~ ~ to.th~ south l~e t~ereof; the said
.~ ~ r~ilroad to be operated by electricity by use of ~tlw~ .Dm~er by
trolleys or b~..~~uch other ~oti~e ?ewer or appll~.ces as ~y be
necessary ~d as science ~.~my inwent and t~B l~ al!ow and the
~ s~id Bakersfield ~nd ~ern ~lectric Railway Co~.~D~ny, it~ s~cces~ors
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and assigns are hereby authorXeed t~ collect fa~es ffro~','~ passengers
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travelin~ on said ~ail~oa~.
· .~:.. Section Z. T!~e foregoing ~rant is ~ upon the following ,'
conditions, to be strietl~, pe~'forned .and con~plled with bM the said
grantee, its successors and assigns:
]?irst: That tl~e tracks of said street railroad shall be
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constructed and laid by the holde~ of said franchise on ~d alo~g
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ss. id streets above described Re nearly as possible in the zalddle
thereof; and the said streets for the entire length of the tra~
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of said railro~.d shall be planked, paved, ~acada~ized or oiled by
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the l~olde~ of s~.id franchise between the rails of said railroad.
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and for two feet on each side thereoff snd between the tracks
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there be gore than one, in like maker and with like ~,~a~rial as
~,the streets shall be plan~ed, pav~, macadam, zed o~ oiled at the
respective l~oints a!ong the said rai~oad, and that the sa~e shall
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be kept bM the holder of said ~anchise, constantly in good
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flush with the streets and ?~ith good crossings, 2nd that tt;e
t~aeks of the said railroad ~t not be ~nore than ~ve feet betwee
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the rails and ~;ust have ~ s~-aee between them sufficl~t to allow
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the cars to pass each other freely; and that mail carriers of
t~ United States Gove~,~ent a~.d al! s~eg~t!a~ City Policemen,
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· -in uniform, shall at all times, whlIe engaged in the actual dis-
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charge of their duties as such, be perz~itted to ride on the ca~s
of the said railroad wit'hout paying any s~M:~ of ~'~oneM for f~e or
[oti~erwise; and that In no case shall ste~ be use~ as a ~tive
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Dower for said railroad; and that the fares collected ~om
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passenger~ ~n said rr~iT~oad shall no~ exoeed five cents eaoll way
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for each passenger for any portion of the entire lengt~ of said
rai~oad and that tm'n-outs on said railro'ad sha!l be B~ade at the
intersections of streets ~.lo~ the line on ss. id street.
2 Second: Tl~at wor~ in the construction of said street rail-
s road ~aust be co~enced in good faith witl~n four ~ontI~s ~0~ and
~ after the date of the granti~ of this franchise, ~nd if not so
S co~maenced within ~aid tinge said Cranc~dse ~hall be forfeited;
· e and that a single track rai~oad ~t be co~pleted for the entire
7 length of said railroad,as herein described, within t~ee years
8 after t~ granti~ of tlxis franchise, ~d if not so co~pleted
9 within said time said franc~se so g~'anted mhall be, as to those
~O parts not so completed, forfeited; provided tl~at for good cause
~' sho~, the Board of Trustee~ may, by resolution, extend tl~. tl~'
12 for the co~pletion t!xcreof not exceeding tl~ree
~ Third: The grantee of tl~s fr~ol~se, its successors and
~4 a~igns ~ast, d~ing the life oF this franchise, ~ay to said City
15' oF Bakersfield, two per cent of the gros~ an~u~al receipts of the
~e. holde~ o~ this frenchise, arising fro~ its use, 01')station or
~7. Voe~s~ion; and no per centage shall be paid for the first five
~8 year~ ~uceeedlngbtl~e ~ate of the grant of said franc!~se; but
~9 thereafter ~ch pe~ centre shall be Paid annually; a~ In the '
~ ovent Such ~ayn~ent is not ~ade .~aid franchise sha~ be forfeited..
Fourth: The grantee of tt~i~ franchise ~st execute and
~' file a bond to said City of Bakersfield with two good and suffl-
23 c~nt sureties to be approved by said Board of Trustees in ~he
24 penal s-~ of one tilous~D.d Dollars, con~tloned that the said
2S. gro. ntee, its successors and assigns shall well a~ truly observe,
~ ~!fill end perform eaet~' ~.~.' eve~ term and eonditio~ of this
~ 27 franct~!so and that In ease of any bre~eh of condition of such bend,
.~ 28 the whole a,~ount of t~.~e~,a]~ t!~ere!n .na-x~, ~al~be.-~kon .,l.'
,~ ~ an~ ~eeme~ to be liq~ate4 ~a~ges an~ shall be reco~,erable ~om
~ the principal an~ sureties upon sai4 bond. Sal~ bon~ shall be ...
, filed w!t~ the Clerk of ~ai~ Board of Trustees within five days
7 ~el!...oa~ by clcotrtcity v;itb no(tern ,~Dllancec~ an, t
~s %rolioy$ aRd ot.'~ar ol',!,liqnce~ for the t~'ans~!s~ion of !.os~er,
~s in said streets emt %o erect. ~.r4 ~4~intain In mn& over tmid
le al! needful ~nd oonv~.nlnnt !,c3.Os, ;-i,,,~ and apt. liP~ee~ for tho
. 17 tr~oml~tn~ of ~u~h elco%tlc l:owel~ and %o oo~noo% tho caique with
18 tile sol~o Of st~eh eloct~i~ Do%Tot and %0 ~reo% a I>1~% or
19 fO~ tb~ sDpli~a, tion of slleh e!oat~lo DOWO~' at a eonvonlon~ Do!n%
~' or Do!n%s on !an4 along thc line of saJ. tL streets and connect the
23 eonr~mtod In a stg.~c~tnn~l~l and wo~k~.mn!!ko nnnne~,.
24 Whenever hereal~ev said ....
25. asslgn~ shall elect %o o~emate ~ald t'all?oad by t}m use of
27 l~ve~%, !t Shall be le.w~%%..~'n~..:_ 4t.. 01' thoil,., to 8!q?).Y ~(teil
29 aIl('I it an4 'g!tey ore authori~:od t,) tako all m~eh ~ee.essa~.y
conv~nlen% actlcn Do~'~t,*.o~I t,y la~7 a~ ~,~I' be reqt~red to ~I'~3.1r
suci] ~otlve po?e~ %o the ~ ..... atlon of ~
1 Seetion 4. Tlli~ om'Ainane, e ~Hall take ~ff~,ot froI.~
2 of its ~assa~e a~ ,.~Ab!l~ation and slxal! be Dub!islte~ a~ leas~
s once in ti~e ~veekl~ O~lifo~lan, a we,kly newspape~ printe~ anti
4 Dub!isl~ed In ~ald. 0i%~ of BaXer~:Cle!~.
S' Passe,1 8~% edop~.e~ blt s, id ~oa~ of T~stee~, in open
~ se~!on~ at s regula~ ~'~eetl~ of ~d.~ Boar~ on the of
7 ~ ~ 1~05 u-on roll ea~ o~ the
8 members of the Boar(~ ~y th- follovtl~ ~ote:
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