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HomeMy WebLinkAboutORD NO 68 Ordinance No of the Board. of Trustees of the City of ~". Bakersfield, County of Kern, State of California, granting a franchise for a street railroad to Bakersfield. an~. Kern Electric Railway Com~pany, a corporation, its successors and assigns *'~."~.¢.'~'.. The Board of Trustees of bhe City of Bakersfield, do ordain ": as follows: / ' ' Section 1. The right, privilege and franc~.~ise is hereby ~'-" granted to the Bakersfield and Kern Electric ~ailway Company, a corporation, its successors and. assigns to construct, lay ~ down, maintain and operate for the term of fifty years fro~ "' · '..~?..~. and. after the date hereof, a single or double track street %..'.:'1 railroad with all necessary ~nd convenient stations, side-' '/" tracks, switch, es, turn-outs, tro].leys, Doles, con,coting ........... w~.res, and appliances for the purpose of operating, maintaining .-. and running street cars, mo~ors and other appliances for 'propelling street cars, for the carrying and transportin~ of 'passengers along and upon the followi'ng streets of the City .I,..' of Bakersfield, County of Kern, State of California, to wi't: ;.,~. Commencing at the center of the intersection of Railroad -' Avenue and H street in said. City; thence east on said. railroad i I . ~ .. Avenue to the center of Chester Avenue; thence south on '"" {.' .... .'~'"";~ Chester Avenue to the center of Eleventh street; thence east on;[ .,. eleventh street to the center of P. Street; thence South on .P~. , '~' street,to the center of Eighth sta-ee$; thence west on Eighth · 'street to the center of Chester Avenue; and:. thence north on Chester Avenue to the center o~. Eleventh s~reet;;~ the said '-' ~ailroad to be operated by electr~oi, ty by use of motive power ~ by trolleys or by such other motiVe power or appliances as m~y ~'e necessary and. ~s science may invent and. the law al.low and -. the said Bakersfield and Kern Electric ~ailway Come, any i~~' ~ successors and assigns are hereby a~thorized to collect fares '~' $' ~ from passengers travelling on said. railroad. ~/ Section 2. The foregoing grant is made upon the following con- ? "'-':" dit~ons, to be strS. c~ly performed and complied with by the said grantee, its successors and. a'ssigns: ~,:.i~:,~, First. That the tracks of said street railroad shall be con- ....,.. structed, and. laid.by the holder of said franchise on and along" said streets above described as nearly as possible in the middl~ thereof; and the said streets for the entire length of the tracks off said railroad shall be planked, paved., macadamized or I oiled by the holder of said. franchise between the. rails of said railroad and for two feet on each side thereof and. between the tracks ~.f there be more than one, in 1..ike manner and. with like material as the streets shall be planked., paved, macad.ami- zed or oiled at the respective points along the said railroad, and._~hat the same shal$._be kept by the holder._qf said franchise., constantly in good. repair, flush with the streets and. with good crossings; and that.the tracks of the said railroad ,must not be "~..". more than five feet between the rails and must have a space .~ between them sufficient to allow the cars to pass each other :~ freely; and. that mai. 1 carriers of the United. States Government shall at all ti. mes whil:e engaged in'the actual discharge of their duty as suct~, be permitted to ride on the cars o~ the ~. said railroad without paying and. sum. of money for fare pr otherwise; and that in no case'~hall steam'be used as motive power for said railroad; arid. that the fares collected from ~Oassengers.'shall not exceed .five cents each ~:~y. for e~oh passe~- ......... ger"for'-~ny'portion or the entire length of said railroad ~nd ..~.""~. that the turn-outs on said railroad shall b~. made at the inter- sectiOns of streets along the line of said ra!.lroad, · ~-. ?., .:~. " · . 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 com- menced within said time said franchise shall be forfeited;~ and that a s'ingle 'track railroad must be complete~, for the entire length of said railroad, sLs herein described within' one year and a half after the granting of this franchise, and ~f no~-...s.e~o.om- 'p~eted within said time said franchise so~g~,6ted shall be forfe~_ted; provided that for good. cause, shown the Board of Trustees may by resolution extend the time for the completion thereof not exceed~.ng three months. '" Third., The grantee of %his franchise its suS.~'~ssors and assig: must d.uring the life of this franchise pay. to .~.aid ~ity of "'.' · ~.. Bakersfield, two per cent of the gross annual receipts of' the ...... holder of this franchise, arising from ~'ts use, operate, on or possess~.on; and. no per _c~n'Lage shall be paid for the first five years sucoeedi, ng the date of the grant of said franchise; but thereafter such percentage shall be ;paid annually; and in the eventsuch Payment is not made sa~.d, franchise shall be forfeited, Fourth: The grantee of this franchise taus .~execute and. fi. lea. bond to said City of Bakersf'ield with two good and. sufficient suretiles to be approved by said Board Of Trd'Stees in the penal sum. Of One Thousand Dollars, conditioned that the 2aid grantee its successors and assigns shall well and truly observe,fulfill and perform each' and every term and, condi, tion of ~his franchise and. that in case of any breach of condition of such bond, the whole amount of th:e :,~snal',sum th~.ein named..zhall be' taken and ...... deemed to be. ].i~uid,ated damages ~nd. shall be'recove~able_.from_. the principal, and. sure'bi~m upon said bond.. Said'bond shal,1 be filed with the C].erk of sa~.d Board of Trustees w~.thin five days after this franchise is awarded and, in case said bond shall not be so .filed the award of sa~.d franchise 'shall be set aside.. Sect,.on ~. It shall be lawful'for said grantee its succ~essors ~ .. and. assigns at its or their option to propel cars over Sai[~ railroad by electricfity with modern appliances and requirements or by such other modern motive power (except steam power) as may be necessary and as sc~.ence may invent and as may be sanc- tioned by law.. Whenever said. grantee its successors or assigns shal'l elect to ,"' operate a&id railroad by the use of electricity with trolleys -cower and. other appliances for the transmission of.~.? lawfu'l for it or them to make all necessary excavations in sai.~ streets and to erect and maintain in and. o~er said. streets all needful and convenient 'poles, wires and a~pliances for the transmission of such electric power 'a~d to Qonne;ct the same wit] the source of such electric power and to erect a plant or plant2 for the application of such e].eotric power at a convenient poinl qr ooints on land along the line of said'streets and.' connect. I:!. 'the same with the wires and app'liances for the transmission o~.~ o power.as aforesaid. The said poles,'wires and other appliances :~. to be constructed in a substantial and workmanlike manner..:. Whenever hereafter said. grantee its successors or assigns " shall el, eot to operate said railroad by t~.e use'of compressed a:r or such other modern motive power as science may invent, it sh.al'l be lawful, for it or them, to apply suc. h power in such manner as may be sanctioned by law and not otherwise; and it and they are authorized, to take all such necessary and con- venient action permitt~ed..by law as may be re~ired to apply suc~ .-m~tive power to th~ operation of said railroad.' ...... Section 4. This ord~n~,nce ~h~ll. 'bake. effect from and_.af_te~ . ' the .date of its oassaE~ a, nd. sh, a!l, be published at least once in i 'bhe~~ Californian, a _. '~.'er printed and puolished J in said' City of B.akersfie. l~. '" 'paSsod and.' adopted by said Board of Tru'stees, .:tS open· · . . .~~. ~' ~n~ vo~e.- . - ..... ~ ............· ......... -.. ~ .. ..... ~ ....... ~ .. :~: ........ .. ..... -... .,... ..... · ..~. · '..I : '. '.....'.~'~,:,:.~. ~'. . 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