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HomeMy WebLinkAboutOrdinances - No. 130ORDINANCE NO. 1 30 . An Ordinance granting to F.. J. Schleef, his heirs, executors, ad- ministrators and assigns, the right, privilege and permissian to con- struct, lay dom, and maintain, a. apuf rl:aili-.oad track, .of stand.ard. ~up,ge, and to pass with, and operate, with locomotives and cars, propelled by steam, or other lawful motive power, over, along, upon and across, cert- ain 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 F-. J. Schleef, who is a resident of the Cbunty of San Joaquin, State of California, and who is about to enter into and transact business in the City of Lodi, County of San Joaquin, State of California, his heirs, executors, ad- ministrators and assigns, for the term and period hereinafter named, subject to all of the terms and limitations hereinafter made and ex- pressed, the franchise, right, privilege and permission to construct, lay down and maintain, over, along, upon and across, those certain streets, portions of streets, ad other places in the City of Lodi, County of San Joaquin, State of California, as hereinafter described, 0 spur railroad track, and to pass with, and operate, a steam, electric, 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 rnaintain thereon, a track of standard width, together with the necessary curves, crossings and connections, for the convenient use thereof, and to run locomotives and cars, and electric en$ines, and cars propelled by electricity thereon; and which aaid streets, and portions of streets, and other places in said Cdty of LoBi, County of San Joaquin, State of California, and said roadbed and track, curves, crossings and connections are as followa: 1. COUMENCING at a point in center line of main track as it now exists between Lodi and Valley Springs, said point being approximately 100 feet west of the west line of Cherokee Street and also being at Engineers Station 8 plus 74.0; thence acroes private property easterly with switch and turnout to the rigbt a distance of 100 feet, more or less, to the westerly line of Cherokee street, said point also being 7 feet, more or less, southerly and at right angles from the center line of the main track, thence continuing easterly across Cherokee Street 90 feet, more or 1088, to the easterly line of Cherokee Street, said point a160 being 20 feet, more or less, southerly and at right angles from the center . line of the main track; thence continuing easterly 'along private prop- erty 150 feet to end of track. Section 2. The franchise, rights, privileges and permissions here- in granted to said Grantee are dependent for their continuance and Val- idity upon the psrrfomance by said Grantee in full of all conditions as hereinafter set out, to-wit: - First- Said Grantee shall, in all cases, construct, lay down and maintain his said roadbed in said City of Lodi to the official grade of the said streets and portions of streets in said City of Lodi, and shall not construct or raiae any portion of his roadbed to a greater height than said official grade, unless with me permission of the said Board of.Trustees, of the CPty of LOU. Second- Said Grantee shall construct suitable culverts for the passage of water at such points on said roadbed as shall be selected by the Board of Trustees of the City of Lodi, now, or at my time during the life of said franchise, and shall. keep such culverts 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 regravel, plank or replank, pave or repave, macadamize or remacadamize, pile or repile, with such material as shall be ordered by said Board of Trust- ees, of the said CCrty of Lodi, any and all portions of said streets along which the track is laid, between the rail6 thereof, and for a 2. width extending two feet on each side of said track. He shall keep the same, including the crossings, constantly in re- pair and flush with the streets, and in case crossings are taken up they must be replaced immediately after the completion of the work. work must be done under the supervision and to the aatisfaction of the Superintendent of Streets, and in no case shall said Grantee, his heirs, or assigns, be permitted to run em 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. All Section 3. The franchise, rights, privileges and permissions here- by granted, are hereby granted for such term, period and length of time, as shell meet with the pleasure of this Board of Trustees. Section 4. Said Grantee shall keep his roadbed and track in good condition, with proper slopes to enable teaas to pass and repass thereon. Section 5. All privimeges 2nd 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 are to be by said Grantee secured from the owners of such property. Section 6. If the said Grantee shall fail for thirty days to ac- cept, in writing, filed with the Crity Clerk of the City of Lodi, the franchise, rights, privileges and permissions herein granted, or to com- mence in good faith and, duly prosecute the construction of his said rail-road within sixty days from the date of the approvial of this Ord- inance, then this Ordinance shall be of no force and effect as a grant unto the said Grantee. Section 7. This Ordinance shall take effect and be in force Thirty (30) days fram and after its passage and approval. 3.