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Home My WebLink AboutORD NO 69~-~' Ordinance No~ of the Board of Trustees of the C~ty of ~ '- Bakersf'ield., County of Kern, State of California, granting a franchise for a street railroad, to Bakersfield. and Kern : F, lectric tZai].way ComDany, a corporation, its successors and. a s s 1;~ns. The Board.>o~ Trustees of the City of Bakersfield do ordain as follows: Section i. 1. he r~ght privilege ~nd franch.~.se is hereby grante~ to the Bakersfield. and Kern Electric Railway Company, ~ cor- poration, its successors and. assigns to c'~nstruct, lay down, m. aint~in and operate, for the term of fifty years from and. afte~ the date hereof, a sing].e or double track street railroad with" all necessary and convenient stations, side-tracks, switches,~ turn-outs, trolleys, 'Poles, connecting wires and. a'opliances for t~e._'purpose of operating., maintaining ~nd running street cars, motors and other ~ppliances for propelling street cars, for the carryinE and transporting of passengers along and upon the following streets of the C~ty of Bakemsfield, County of Kern, State of California, to wit~,~ommencing a.t the existing line of the t'~akersfield and Kern Electric l%ailway Company's electric street railroad, at the intersection of H and. 1.gth Streets i'n City; thence north on H street to the.center of 29th, street; thence east on 29th, street to the center of ~ ,street; thence' south on i~ street to the center of 24th, street; thence west on i. 24th, street' to the center of Chester .Avenue; and. thence South on .Chester Avenue to the center oi' 19th street· and junOtion ............. . . "L"~'r% -o with· its ( the Bakersfield and. Kern Electric, Railwa~'6o~pany's) existing line of e'l, ectric street~railroad; the said. railroad. to be operated by electricity by use of moti~ power by trolley~ or by such other motive power or a'poliances as may be necessary and. as science may invent and. the ].aw allow and the said. , '.:.. Bakersfield. and. Kern Electric ~ail)vay Company its successors ""'" and assigns are hereby authorized to collect fares from passen- · '" '" gers travelling on ~aid. railroad. ::....:' Section 2. The,, foregoihg grant is made upon the follo~zing con ditions, to be strictly performed, and compl'J, ed with by~.the said grantee, its suooe'ssor~ and assigns: ):~'~"' First,- That the traokl of said street railroad, shall be conL structed and .laid. by the holder of ~aid franchise on and along said ~treets above described as nearly as possible in the. ... middle thereof; and the sai~ streets for the entire length of the tracks of 'said railroad shall be :clanked,-'oaved, maoad, amize~..- or oiled by the holder of said franchise, between the rails of said railroad and for two feet on each. side thereof and between the tracks if there be more than one, in like manner and wi%h like material as the streets shall be planked, paved, madadamiz or oiled at the respective poihts along the .~aid railroad, ~n~. that the same sha~l be kept by the holder of ~aid franchise, constantly in good. repair, flus. h with the-~treet~ and with good. crossings; and that the track~ of tDfe. said. railroad, must . not be more than five feet between the rail.s and must ha~& a space between them S.ufficient to allow the cars to pass each other freely; and that mail carriers of the United. States gover~ent shall at all times while engaged in. the actual dis- charge of their duty as such, be permi, t~'ed tb ride on the cars'.. ".'; of the said railroad without .paying any sum o'f money for ~are -.~'~.~':.' or oth. e~-ise; and that in no case shall ~te'a~ be used as motive · ...., .~, .:: . · .~.~... ~,' .[~[~;[)"".'.'.' ~. power for said railroad; ~nd that the fares complected 'from .... 'p~sengers ~n said. railroad. ~ha].l not exceed, five cents each way for each. passenger for any portion ~:or the entire length of said rail. road and that the turn-oU~s on said railroad shall be made a'b the inter~ect~dnz of streets along' the line of said. raflroad~~ 2 Second..' That work in the construction of said street railroad '?' 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 Shal'l be forfei'te~;'! and that a single track raikroad .must be completed for'the entire length of said railroad as herein described, within.three years after the granting of this franchise, and. kS not so com- pleted within said time said franchise so grante~ shall be forfe~.ted; provided that for good cads~ sh. dwn thel Board of Trustees may h~resol~tion extend the time for the completion thereof not exceeding three months'. Third.. The grantee of this franchise its successors and. assig:ls must during the life of this franchise pay to_said City of Bakersfield,'. two per cent of the g~oss annual.receipts of the holder of this franchi'se, arising from i~s use, operatldn or possession; and. no per centage ~hall be paid. for the first five years succeeding the date of the grant of sa~.d franoh!.se; but thereafter such percenlage shall be paid annually; and. ~.n the event such payment is not made said franchise shall, be forfeited. Fourth.. The grantee of this franchise ~must execute and fi. le ~ bond to' said City of Bakersfield with two good and. suff'icdent sureties to be approved, by said. Board. of Trustees in the penal ~ sum of One Th'ousand Dollars, cond.~.tioned that the sai~ grantee its successors and. assigns shall well and. truly o~serve,.fulff~ll and perform each and. every 'term and. condition of ~his franchise and. that in..:case of any breach of condition of such. bond, the Whole amount of the penal sum t~ere~n.named shall, be taken an~ deemed, to b~ liquidated damages and. shall be reoov~alole from the principal and. sureties upon said. bond..' S~i.d. bond. shal~' be filed With the Clerk.of said Board. of Trustees W~..thin five days after this franchise is awarded and. in case,.said bond. shal~:' not ~ .~ be so filed the award of said franchise shall be set aside. Section 3. It shall be lawful, for said. grantee its successols and. assigns at its or their option to propel cars over said railroad by elec..t..ricity with modern appliances and. requi'~ements -." '"' be necessary and as science may invent amd as may be sanc.'~i~bn~d~ I Whenever said grantee its successors or assi.~ns shall ~lect..t.O.:::.-. operate said. railroad by 'the use of electricity with trolleys and. other appliances for the transmission of .'power it shall be .... a 1 '~'or it or th. em to make all n~cessary excavations 'ir/ sai~l ':.. streets and to erect and m~i~tain in and. ~er said '..streets all ..'. '."~" ../: needful and, convenient poit~es, wires and applianc'~"s for the ~ransmission of such e'l. ectr'~c po~er and tO"conne~t the same Witt the s~ource of such eleotrie .r~owe~'and[to erect a plant, or plants for the application of such electric -cow at a convenient point. or p.oi_nts on land alo.n.'_g.the lin'e of said stree.t__s and. connect the same wi~h. 'the w~.res and. appliances' for the transmissi:6n of ,. ..power as aforesaid:. The said poles, wires and other.'appli.'ances to be constructed in a substantial and. wort~nanl..,;ke manner. - .'~" Whenever hereafter, said .grantee, its successors o~" '-'"'-~'~ assigns shall elect to o'per.ate sai. B: .railroad. by..t.~,e Us'e.'...Of. compressed air or such other .modern motiveJ power' as science .inay invent, it shall be lawful for. i.t or them, t~ apply such power ..~ in such manner as may be sanctioned b~ ].aw and. not otherwise; and. it and they are a~.thori.zed to take a'~l such necessary and. convenient action 'permitted by ].aw as may be required to apply such motive power to the opera.tion of said railroad'.. .' ..... Eec-ti on~4. Th'i.'s~in~fec t fr om and after the ~~its _'oas,sage~,afld~shall be published., at least ohce in the Bm~kC~].ifornian, a 3~Anewspaper printed and published in :,:.~ said C'ity of Ba. kersfi'eld. .~ '" Passed. and. adopted by saiO. Board. o't' ~ru.s'tees, i'n open session at a regular meeting of said. Board. on the ~ ~day 190i, upon roll call of the memher.~ of the Board by the following ~ : '- -~-~f the Board of T~u~tees . ~ ~/... ~ .- , *~ ....~... ~ .._-.:. ~ of the City of BakerzfielS., ......... ~ · c~t~ ... .~. ~ ~..~'~. ·