HomeMy WebLinkAboutOrdinances - No. 126ORDIKANCES N3. 126.
BN ORDINBIJCB GRALJTIMG TC C3iJTilAL CM.,IPOPINIA TRACTION COlkPBEiY, A
RAILROAG CORPilRhTIOE, DULY CRGAKIZYL) AND EXISTING UNDBR NJD IJP VMTUB OF
TRB LAWS OF TKE STAT3 OF CALXF3RXB, AND HAVIIG ITS C%FIfCB AXD PRIiXIPifL
PUCS c%" BtJSINZSS IN TBF: CITY AND COWIW 9 SA3 FRAUCISCO, STATE OF CALIF-
ORNIA, AiW TRAX~LCTINPJ EUSINESS IN T3.3 COUNTY 13F Sat JOACUIP, STATB OF
CALIFCRERiJIR, ITS SUCGRSSOXS IN IWTE;HPST MD ASSIGNS, TEE RIGKP, PRIVILWR
AND PEmISE;IOM TO C3HSTRUCT, LAY DaW, WNTAIN BND OPBRBTE A SPUR RAIL*
ROAD TRACK OF' STANDARD GAUGE, FOR THE TRBNSPL%ZTATION QP PRBIGET, TQOETNEfa
JOAQUIM, STATE CIF GALIFURNXA, AND FATI"J!GULBBLY DESCRIBED AS POLLOES, TO-WIT:
Commencing for the center line of said spur track at; a point in
the Bast line of Sacramento Ztzect, in the City of Idi, California, whioh
wlnf of beginning is 70 feet North of the center line of Daisy Avenue,
prodwed easterly to the Bast line or mid SacramenW Street3 thence nwth-
erly, on R curve to the right of 126 foot: radius, to the polnt of tangen@;
thence thraugh the point of frog, 48 feet northeasterly to the point of
awitch, ln the senter lfne of greaent Central California Traction Comganyts
track, 144 feet Morth of t;he point of beginning, be€% 6 feet lest of' the
Bast line of wild Gaerarnbnto Street.
Section 1.- The City of Lodl hereby grants to Central California
Traction Company, a railroad corpomtion duly organized and existlng under
and by vlrtue of the Laws of the Stste of California, and transacting busi-
ness ln the Cmty of San Joaquln, State of California, Its succeswra in
interest d assigns, the right, privilege and permission to construct, 18y
down, maintaln and operate a spur railroad track of standard gauge, for the
transportation or freight, together with the right, privilege and parmisston
to lay down aid maintain the necessary curbfi, crossings and connections, and
the right to run (3z3.r~ thereon and themunder, propelled and operated by
electricity, or by any ather lawrul ruotiw3 power, except hwses and mules,
with all the necessary poles and overliead or undergwund wires, on, over,
along upon and across &he sweets, portions of street%, avenue6 and other
places in the City of Lode, County of San Joaquln, State of California, end
particularly desczrlbed aa follovis, to-wit I --
Commencing for the center line oi" said spur tmk at a point In
the East line of daoranento Street, in the Clty of Lodl, Californla, wMah
point of beglnnlng fa 70 feet North of the center line of Daisy Avenue,
produced easterly to the East line of said Sacraniento Street; thence north-
erly, on a curve to the rlght OP 125 feet radiua, to the point of tange&t;
thence thmugh the point OP frog, 48 feet northeasterly to the point of
swit@.# in the czenter lIne of present Central CalKornia Traction Company'e
track, 144 feet North of the point of beginnin@;, being 6 feet West of the
Bast line of said Sacramanto Street.
Section 2,- The franchise, rights# prlvileges and permissions
herein granted to aald Grantee me dependent for their cont'lnwnce ad
validlty upon the perfomae by said ffrantee in full of all c#dltlons
as here&&ter set out, fo-wit:--
Pirst.--Sald Orantee shall, in all Cases, constructt, lay down,
and msintafn its roadbed tn mid City of LodZ to the offleial Wade of
( e)
the said streets arrd portion6 of streets in sald City of LOdi, and shall
not mnstruct or raise any portLon of his roadbed to e greater helw theirs
ssld off'flclal grade UnlcExs with the permisdon of wild Board of Trustees
Qf the c1tf Of Lodi.
Second.- Sald Gmtee shall construct suitable culverts for the
pasnage of water at such point3 on mid roacibed &a 6hd1 be selected by
the Board of TrQstees of the City of bdi# now, or at any time during the
llfe of ssld frmchlrto, mid shall keep such culverts in constant rcpalr+
Third.- Snid Grantee shall, upon the order of said Board of
Trustees of the City or Lodf, grade or r8&Yide# gravel or regravel, plank
or rcplank, pave or ropavc, mcadmiae Qr reEmcadamlzs, pile or rcplle,
with such peterial as shall be orciered by mid Board of Trustees, of the
seld Clty of.' Lodl, cny anC all portions of said streets along which tho
track 1s lald, between the ralls $horeor, aud for a wldth extending tvra
feet on each stdo of 8~ld track.
It shall keep the BBmo, 5,ncLUdSng th craeslngsn, constantly In
repalr and flush with the strOets, and In caGe croaslnge are taken up,
they must be replaced innediataly after the oompl6tion of the work. All
work must be done under the supsrvlslon of the and to the settlsfcrction of'
the tiuperlntenclent of Streets, and In no ease &all sald ffrantee be per-
mitted to run or oparate sald raUroad on s& fitreeta or portlons of
streets where the said track Is laid until the same -11 have been
approved by the Superintendent of Streets, and by thls Board of 'i%uEltees.
Section 3.- ThC franchlse, rights, priW-egaa and permissions
hereby -tad, are hereby granted for such term, period and length of th
as shall meet with the pleasure of this bard of TTUsteeS.
Section 4,- %Id Grantee ShDll keep its roadbed and track in good
condition, with proper slopes to exable teaas to pass and repass thereon,
$cation. 5.- All privileges and rights requixwd by said Grantae
( 3)
d
for tha construction arui maintemoe of said roadbed, traok, curves, cross-
ings and connections through private j?roperty, and upon grades
personti are to be by said rrrentee secured from the Owners of such property,
by private
Section 6.- If the said Grentee shall fail for mlrty days to
accept In wrltlng, filed with the City Clerk of the said City of Ldl, the
franchise, rights, prlvlleges and permlssions herein granted, or to cwna%
in good ralth and dulj. prosecute $he cmstruction of his said railroad within
sixty days frm the date of the approval of this Ordinance, then this Ordi-
nance shall be of no effect and foree as a want the said Cfrmt.oe.
Section 7,- !Phis Ordinance shall take effect; and be In form
Thirty (30) days frw and after its passage and approval.
I hereby certify that the above Ordinance No. lZ6 wa88 regularly
introduced at an adjourned regular meeting of the hard of Trustees oft he
City ot' Lodi on Eonday August 8th.. and was regularly passed and adopted
at a regular meeting of said Bostnd held on Monday August 15th., 19218 by
the following vote:-
Byes: Trustees Rfch, Hlckok, Crow, and Xontgomery.
Noes; Nono.
Absent: Trustee. Hale.
Aaest;
J, P. Bbkely
@ity Clerk.