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Home My WebLink AboutORD NO 70 Ordinance No'. of the Board of Trustees of the City of Bakersfield', County of Kern, State of Califor~ia,..granting a franchise for a street railroad, to Bakersfield and. Kern :'.. '":'" ~lectric Railway Company, a corporation, its successors and .-.-..,~ assigns.: ... The Board of Trustees of the City of Bakersfield. do ordain as follows: Section i. The right, privilege and. franchise i's hereby granted to the Bakersfield and Ker~ ~lle~tric ~ailway Company, · a corporation, its successors and. assigns t'o construct, l~y ... down, 'maintain and operate, for the' term of fifty years from. · :.., · and after the date hereof, a.single or double track street ~ailroad with all necessary and. convenient stations, s'id!.e ~ tracks, switches, turn-outs,' tr'ol~eys, 'poles, conrecting wires ... ,.'~ and appliances for the purpose df operating',..maintaining and- -.! running street cars, motors and. other appliances for propel.lin~ stree~ cars, for the carrying and. transporting of passengers along and. upon the following streets Of the City of Bakersfield, County of Ko~ State of California, to' wit: Co..mmencing at · . the existing line of the Bakersfiel.d' and. Kern ~lectric Railway Company's electric street railroad a't the center of the inter- section of 19th and H Streets in said City; th. once South on.H Street to the center of California Avenue; thence west on · ...' California Avenue-to the center of F street and. thence north on F stree~ to the north side of 15 th Street and junction with . "-~'ts._.~_'~h.e B~i~'~ield.. and. Kern E~&ct~i~ Ra~.l~y ComBany'~) · :..:'v.. existing line of electric stree~ railroad; Also;t CommencSng · · "" :' at i'~§,:(, the Bakerafiel.d and Kern E~ectric Railway Company's).' exi.st'ing lin~ of electric street railroad, at the center of the · ..,..~...:. i'n~ersection df i~th and. F streets in said City; thence we~t ~;' ,~.. · on 19th, street to the west sid. e%'0f Elm'., Sbree%; the said rai'l~. road to be operated by electri~'ity by use of motive power by trolleys, or by such other motive power or appliances as may be necessary and as science may invent and the law allow and the said Bakersfield and. Kern Electric· Railway Company its successors and assigns are hereby authorized to collect fares from passengers travelling, on said railroad~: Section 2. The foregoing grant is made upon' the following conditions, to be strictly performed and complied with by ~he said grantee, its successors and assign.s: First, That the tracks ofi"Said street railroad shall be con- structed and lai'd by the holder of~ said. 'franchise on and along said. streets above described as nearly as .p'ossib~..e in the middle thereof; and the said streets for the entireleng.th of the ia~acks of said ra.ilroad shall be planked, paved, m~.cad.amiz~ or'Wo'i-l~ed-by the holder of said franchise,-between the ra~..1s.-of- said railroad and for two feet on each s.i~e thereof and be- tween t~e tracks if there be more than ih like mann'er and one, wi~h like material, as the streets shall be planked, paved, mac~d, amized or oiled at the-respective points along the said. railroad, and. that the same shall be kept by the holder of sai~ franchise, cons.tantly 'in good repair., flUsh with the streets and with good crossings; and that .She tracks of the said rail.-' roa~ must not be more than five feet between the rails and must have a space between them suffibient to allow the cars to pass each other freely; and. that mai-1 carriers of .the united .... States. g.overr~ment_~shall ~t all-t~mes ~-hil.e eriE;aged in the actual, discharge of thei~ duty as such, be permitted to ri'de on the cars of the said. railroad without paying any sum of money fo~" fare or otherwise; and that in no case shall steam be used as motive power for said railroad; and that the fares collected from passengers on said ra~plroad shall not exceed five cents ~ach 'way for each pa.$senger for any portibn' or the entire length of said railroad and that the turn-'outs on .:: said railroad s.hail be made at the intersections of streets '' along.the 1.~ne of said railroad. Second'.~. That work in the construction of said street rail~- · ?6ad must be commenced in good faith within four months from and after the date of the granting of this franchise, and. if not so commenced within said time said.franchise shell, be forfeited.; and that a singi~'track railroad, must be:comk pleted for the ~ntire length of' said',~railroad as herein ...,. described within"two' years afterthe g~n~$ng of this franchise' and if not so completed withi.n said time ~aid franchise ....... · granted shall be forfeited; provided that for good· cau'se sho~!:f: "~':.:,:-' the Board of Trustees may"by resolution extend the t~me f~r the .completion.thereof not exceedingS'three monthg. .... "~ Third. The grantee of this franchise its suc.'c'essors.and. ' assigns, must d~ring the li~e of this franchise pay to said City of Bakersfield two per cent of the' gross am~ual, receip%~ of the holder of t~is franchise arising from ~..ts Use oper~k tion or possession; ane ~o per centage shall be paid for the 'first five years succeeding the date of the. grant of .~' said franbhise; but thereafter such her Cent.age shall be paid anfiua].ly; and. in the event suc~' payment is not made said franchise shall be forfeit~d:.'~. Fourths. The grante..~? of this franchise must execute and file a ~ond to said. City of Bakersfiel.d with two good and. suffi'- ci'ent sureties to be approved by said Board, of Trustees ~n ', the penal sum. of One Thousand Dollars, conditioned that the s~id. grant'se its successors and assigns'.shall well and truly observe, fulfill and perform each and every term and. c6n- dition .'of th. is. franchise and. that in case of any breac~ of condition of such. bond, the whole ~,~mount of the penal sum. therein named sh.a~l be taken and deemed to be liG. uidate, d damages and. shall be. recoverable from the princ.i, pal and sureties upon sai'd ..bon~. Said henri shall be filed with the ·'.Clerk of s~id Board '..f ?.b~ Trustees within five dayB after this fran'chize is awarded an~ in case said bond shall not be 'so filed the' ~Ward. of'said fran- Section 3. It shall be 1.a~ul for Baid grantee i'~s and assigns at its or their· option.Lbo propel, cars over said ..~'~';" -.. or' .~3~M,,.such. ,:~.~ other modern motive .... 'cower (e~ce-ot steam ·power) as may'be necessary an~ as science may invent and as may be sanc- Whenever ~aid grantee ..its.'~SuC, C'~sor6 or assigns s~all - elect to operat~ said railroad by .:the use of.e.lectri'c~ty with trolle~s and otb_er applianc&s for t~e branzmi~s, lon of pov~er it i'n ~aid streets and to erect and maintain..in and over said . streets all needful, and convenient ooles,~ wires and aPpliances ~'~ for the transmission of such electric power and to connect same with the source of such electric pcb'er and to erect a p'lanb or olants for the aD~i~cation of such elect~ic power at a~ convenient point' or point~' on land along the. line. of said and connect the same with the wires and aP~Tian6es for the transmission of power as aforezaid,'. Tl~e said poles, wires and other appliances to be constructed in a ~ubstant.ial and wor~anJ: · ~',~ · -..-Whenever heres&I'ter sai~] grantee,, ~,ts successors or. assign~ . '~:7. ' '~ - · · . · :.. :..'~:...,:.' ~hall elect to operate said r~ilroad, by ~he u~e of compressed ' air or subh other modern motive power as science ~ay invent, i~ shall be lawful for ~.~ or them, to apply such power in. such manner as may be sanctioned by law and not otherwis, e; and it and th.~y are authorized to take all such ~ecezsary and con- ~;': ':'"~ veni'ent action 'oermitted by law as may be required 'bo apply suc~ motive 'power to the operation of said railroad','~ Section 4. This ord,'ina~c_e_~s~h~.ll t.~_~ak~ ~ffect from ~nd. ~fter the ~~..tS-oassage~r~~ed ab least once in ~~~ G~'I~ifo~i~n~..? ~~'~er pr S. nted and publish°din said Ciby of BakerSfield. · " Passed and. adopted by said. Board of Trustees., in open.sessioh,' · at a regular meeting of said Board on the ~---' d.~y.~.o 190i, upon roll call of the members of the Board. by the follows ing vote. ,; ,Ayes~...' / ...... .- ~ the City of Bakersfield.