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HomeMy WebLinkAboutOrdinances - No. 84ORDINANCE IO. 84 o An Ordinance granting to W. J. Robinson, his heirs, executors, adminiatrators and asaigns, the right, privilege and permission to con- struct, lay dom and maintain, a railroad track, of standard gauge, and to pass with, and operate, with locomotives and cars, propelled by steam, or other lawful motive power, over, along, upon and across, certain streets, portions of streets, and other places in the City of Lodi, County of San Joaquin, State of California. BE IT ORDAINED by the Board of Trustees of the City of Lodi, as follows:- Section 1. The City of Lodi hereby grants to W. J. Robinson, who is a resident of, and who is doing and transacting business in, the City of Lodi, County of San Joaquin, State of California, his heirs, executors, aslrninistrators and assigns, for the term and period herein- after named, subject to all of the terms and limitations hereinafter made and expressed, the franchise, right, privilege and permission to construct, la; down and maintain, over, along, upon and across, those certain streets, portions of streets, <and other places in the City Of Lodi, County of Sari Joaquin, State of California, as hereinafter des- cribed, a railroad track, and to pass with, and operate, a steam, elec- tric, or other lawful motive power railroad thereon, and to construct and maintain thereon, a roadbed of standard broad gauge width, and,to lay down and to maintain thereon, a track of standad width, together with the necessary curves, crossing8 and connections, for the convenient use thereof, and to runtlocomotives and cars, and electric engines, and cars propelled by electricity thereon; and which said streets, and por- tions of streets, and other places in said City of Lodi, County of San Joaquin, State of California, and said roadbed and track, curvesq cross- ings, and connection8 are as follows: L fl A Spur Track, beginning on the main line of Central Cdifornia Traction Company's Track, at Station 716 572, (according to the Official . - ... ' I. .. . .. Xaps of the above named Company), and running thence Morthwesterly on a curve to the right, with a radius of 100 feet, a distance of 66 feet; thence with a radius of 120 feet, a distance of 100 feet; thence with a radius of 100 feet, a distance of 22 feet; thence along a tangent 70 f!eet, to the North property line of Lots NOS. Seven (7) and Eight (B), in Block No. Twenty-five (25), in said City of Lodi. And for the purpose of conforming to the foregoing, and so that the aforesaid Spur may be constructed and used, the Central Calif- ornia Traction Company is granted the right, privilege and permission to remove its present switch, and section of track, which said switch, and section of track, begins at Station 717 3L 02, and running PJesterly app- roximately 80 feet, to the passing track of the above named Company on Lodi Avenue, and to install, place, maintain, and operate a new switch, and section of track, connecting the hereinbefore described Spur Track, to the said passing Wack of said Central California Tra.ction C mpany, on- said Lodi Avenue, and which said switch, and section of tra$ , begin k b 'R \ on the aforesaid Spur Track, at a point approximately 33 fee,* 'F from the yye awitci? 2oint of said Spur Track, and run thence Westerly, approxi ately 75 feet, to, and connecting with, the said passim track oi said ' named tiompanyo Sec. 2. The franchise, rights, privileges and permissions here- in granted t.o said Grantee are dependent for their continuance and validity upon the performance by said Grantee in full of all conditions as hereinafter set OUZ, to-wit:- First- Said Grasltee shall, in all cases, construct, lay do= and maintain his said roadbed in said City of Lodi to the official grade of the said streets and portions of streets in sala City of Lodi, and shall not construct or raise any portion of his roa ed to a great- er height than said official grade, unless with the permission of +,fie said Eoad of Trustees, of the City of Lodi. t 20 I Second- Said Grantee shall construct suitable culverts for the passage of water at such points on said roadbed as shall be sel- ected by the Board of Trustees of the City of Lodi, now, or at any time during the life of said frznchiset and shall keep such culverts in cons tan t repairo Third- Said Grantee shall, upon the order of the said Board of Trustees of the City of Lodi, grade or regrade, gravel or regravel, plank or replank, pave or repave, macadamize or remacadamize, pile or . repile, with such material as shall be ordered by said Board of Trustees, of the Said City of Lodi, any and al& portions of said streets along which the track is laid, between the rails thereof, and for a width extending two feet on each side of said track, He shall keep the same, including the crossings, constantly in repair and flush with the streets, and in case crossings are taken Up they must be replaced immediately after the completion of the work. All work must be done under the supervision and to the satis- faction of the Superintendent of Streets, and in no case shall said Grantee, his heirs, or a,ssigns, be permitted to run or operate said railroad on said streets or portions of streets where the said track is laid until the sane shall have been approved by the Superintendent of Streets, and by this 'Board qf Trustees, Sec. 3. The franchise, rights, privileges and permissions here- by granted, are hereby granted for such term, period and length of time, as shall meet with the pleasure of this Board of Trustees* Dec. 4, Said Grantee shall keep his roadbed and track in good condition , with proper slopes to enable teams to pass and repass thereon Sec. 5 All privileges and rights required by said Grantee for the construction and maintenance of said roadbed, track, curves, cross- ings and connections through private property, and upon grades made by private persons me to be by said Grantee secured from the owners of 3. such property. Sec. 6. If the red Graatee shall fail for thirty days to accept, in writing, filed with the City Clerk of the City of Lodi, the franchise, rights, privileges and permissions herein granted, or to commence in good faith and duly prosecute the construction of his said railroad within sixty days from the date of the approval of this Ordinance, then this Ordinance shall be of no force and effect as a grant unto the said Grantee. Sec. '7. This Ordinance shall take effect and be in force from and after its passage and approval. me foregoing ordinance was Introduc.ed for passage at a, he Board of Trustees of the City of Lodi, held on the 14th day of February, 1916,and on the 21st clay of Bebruary, 1916,. which was more than five days thereafter, was, at a regular meeting of Said Board of Trustees, held on the 21st dw of February, 1916,, finally passed by the -following: vote: yes:. Trustees. Hale, Black, Keeney, Deaver and Folendorf. Noes: None. AS, s ent : None . I fiereBy sign, approve and pass the foregoing 28th day of February, 1916. spt m President of the Board of Trustees of the City of Lodi, and as the Executive of said City of Lodi. h day of February, 1916. LOdi