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HomeMy WebLinkAboutOrdinances - No. 99\ 0 RDI NANCE NO An Ordinance granting to Stella N. Fowlec, her heirs, executors, administrators and assigns, the right, privilege and per- mission to construct, lay down and maintain, a railroad track, of standard gauge, an8 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 Caliiornia b BE IT ORDAINED by the Board of Trustees of the City of LoQi, a8 follows: Section 1. The City of Loal hereby grants to Stella N. Fowler, Who is a resident of the City of Lodi, County of San Joaquin, State of California, her helm, executors, administrators and assigns, for the term and period hereinafter named, subject to all of the terms and limltations hereinafter made an8 expressed, the franchise, right, privilege and permission to construct, lay Uown ancl maintain, over, along, upon and across, those certain streets, portions of streets, and other places in the City of Lodi, County of San Joaquin, State of California, as hereinafter described, a railroad track, ancl to pass with, and operate, a stem, electric, or other lawful motive paver railroad thereon, ana to construct anu maintain thereon, a roadbed of stanaard broad gauge width, and to lay down and to maintain thereon, a track of standard width, together with the necessary curves, cross- ings, and connections, for the convenient use thereof, and to run loco- motives and cars, and electric engines, and cars propelled by elec- tricity thereon: and which said streets, and portions of streets, and other places in said City of Lodi, County of San Joaquin, State of California, and said roadbed aM track, curves, crossings, and con- nections, are as follows: A spur track from the trmk of Central Calif ornla Traction Company, (a corporation), beginning at a point on tbe Easterly freigtlt depot track of said Ctntral California Traction Company, a 1 aistance of One Hundred Fifty-five (155) feet from the Northerly end of said freight depot track, at Station Seven Hundred Twenty-two plus menty-two (722 .k 221, and running on a curve to the right with a radius of TWO Hundred g200) feet, a distance of TWO Hundred and Ten (210) feet to a point; thence on a curve to the left, with a radius of me mndreB and sifty (150) feet, a distance of One Hun- dred and Eighty (180) feet to a point; thence North along a straight , line Eighty-five (85) feet, more or less. Sec. 2. me franchise, rights, privileges and permissions herein granted to sald Grantee are dependent for their continuance and validity upon the performance by said Grantee in full of all conditions as hereinafter set out, towit : First- Said Grantee shall, in all cases, construct, lay down and maintain her said roadbed in said City of LoBi, to the official grade of the said streets ana portions of streets in said City of ~odi,. and shall not construct or raise any portion of her roadbed to a greater height than said official grade, unless with the per- mission of the said Board of Trustees, of the City of Lodi. Second- Said Grantee slzal construct suitable culverts for the passage of water at Such p.oints on said roadbed as shall be se- lected by the Board of Trustees of the City of Lodl, now, or at any tims during the life of said franchise, and shall keep such cul- verts in constant repair, Third- Said Grantee shall, upon the Order of the said Board of Trustees of the City of Lodi, grade or regrade, gravel or re- gravel, plank or replanlc, pave or repave, macadamize or remacadamize, pile or repile, with such material a8 shall be ordered by said Board of Trustees, of the said City of Lai, any and all portions of said streets along which the track is laid, between the rails thereof, arid for a width extending two feet on each side of said track. d she shall keep the sane, Including the Crossings, constantly in repair ak flush with the streets, and in case Crossings are talcen up they must be replaced immediately after the completion of the Work. 2 ~11 work must be done under the supervision and to the satisfaction of the Superintendent of Streets, anCI in no case shall said Grantee, her. heirs, or assigns, be permitted to run or operate said railroad on said streets or portions of streets where the said track is laid until the same shall have been approved by the Superintendent of Streets, and by this Board of Trustees. See. 3. The franchise, righttl, privileges anci permissions here- by graited, are hereby granted for such terii, period an4 length of time, as shall meet With the pleasure of this Board of Trustees. Sec. 4. Said Grantee shall keep hBr roadbed and track in good Condition, with proper slopes to enable teams to pass and re- pass thereon. Sec. 5. All privileges and rights required by said Grantee for tfie construction anci maintenance of said roadbed, track, curves, crossings and connections through private property, and upon grades made by private persons are to be .by said Grantee secured from the owners of such property. See. 6. If the said Grantee shall fail for thirty clays to accept, in Writing, filed with the City Clerk of the City of Locli, the franchise, rights, privileges and permissions herein granted, or to comence in good faith and. duly prosecute tihe construction of her said railroad within sixty days from the date of the approval of this Ordinance, then this Grdinance shall be of no force an8 effect as a grant unto the said Grantee. Thirty (30) d s Sec. 7. Tlnis Ordinance shall take effect and be in forcef%-om and after its passLge and approval. b40&* President Board of Trustees. 3.