HomeMy WebLinkAboutOrdinances - No. 169f
OHDINANCE No &$%
AN ORDINAiTCE GErkiW ISG TO 'i?HE CEUTRAL CBLD'OMU TUGTIOI\I' CO~IPAIW,
A @OflPOkkTIOIf, AND TO ITS SUCCESSORS AND ASSPGICS, FOR SUCH TERM,
YEHIOD A,Bu Lgi\IG'IH OF TI AS SIFALL MEET WITH TbE PiaASUIIE 05' THE
CITY r;OU>jCIL 03' THE CIl'T OF LODI, THE hIGH'P', PKIVILEGE AND PER-
1ViISSIOi'i YO COidSTIcUCT AhL, 11 ALCiu'l'AIiu A RAILKOAU TRACK 0%' STAIiDARD GAUGE,
AivD OPEBA'I IxG LOCOLIO'CIVES , CAES , I\iOTORS AldD OTHEh KOLtIitG STOCK
UPON, OVEK HiiD ACROSS CEK'l'hlit SThEETi'S IN THE CITY OF LODI.
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lke City Council of the City of Lodi do Ordain as follows:
SECTION I. The City of Lodi hereby grants to the Central
California Traction Company, a corporation duly organized and exist-
ing under and by virtue of the laws of the State of California, its
successors and assigns, as far as it lies within the power of the
City of L0d.i to grant the same, for the term, period and length of
time as shall meet with the pleasure of the City Council of said
City of Lodi, and subject to the terms and conditions hereinafter
made and expressed, the right, privilege and permission to cons-
truct lay down, operate and maintain along, upon and aci70ss those
portions of the City of Lodihereinafter described a road bed and
railroad track of standard gauge, with the right privilege and per-
mission of running and operating thereon electrically or steam pro-
pelled trains, cars, locomotives, motors and other rolling stock.
The route on, over and along which said right, permit, and privi-
lege is given is as follows:
Commencing at a point 5 feet East of the West liDe
of Seaton Avenue, and 30 feet North of the North line of
Flora Street produced Westerly, as said Seaton Avenue
and Flora Street are shown and delineated on the "Plat of Subdivision oflot 72 of the Lodi Barnhart Tract", filed July 8, 1908, md recorded in Book of Maps, Vol. 4, page
30, in the office of the County Recorder of San Joaquin
County, California, said point of conmencement being the Sout'n end of present Central California Traction Companyts
spur track along Seaton Avenue; thence Southerly on, over
and along t'ne Westerly 3.0 feet of Seaton Avenue, a dis-
tance of 687.0 feet; thence Southerly on a gradual curve
to the right, having a radius of approximately 150 feet,
a distance of 39.0 feet to a point in the North line of
Tokay Street, as said Tokay Street is shown on the above
aentioned "Plat of Subdivision of Lot 72 of the Lodi
Barnhart Tract"; thence continue on above noted curve
to the right, Southerly 39.5 feet; thence Southerly on
a gradual curve to the left, having a radius of approxi-
mately 150 feet, a distance of 31.0 feet to point in
the South line of Tokay Street, being Engineer's Station
SECTION 2. The right, privilege and permission hereby
W96.5 +
granted to said Central California 'i'raction 'Company is dependent
for its coiitinuance and validity upon the performance by said
Gonipany, its successors or assigns, of the foZlowing conditions,
to wit:
FIRST: Said Traction Company shall maintain its roadbed
and tracks along the aforesaid route to the official grade of all
streets, or alleys, or portions thereof, where said roadbed and
track lies upon such streets, or alleys, or portions thereof, and
shall not change the grade of its said roadbed or tracks unless
with the permission 01' the City Council of said City of Lodi.
SECOMD: Said Traction Company, its successors or assigns,
shall keep its said roadbed and track in good condition, with pro-
per slope to enable ehicles to pass thereon and thereover.
TaIRD: Said Traction Company shall keep the streets and
alleys, and portions of streets and alleys, along or across which
said track is laid, and between the rails thereof, and for a width
extending two feet on each siae of said rails, in good repair, and
shall grade or regrade, gravel or re-gravel, macadamize or re-maca-
Bamize the sm-e with such material as shall be satisfactory to the
said City Council of the City of Lodi.
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Section 3. The said right, priviledge and permission is hereby
granted dependent upon the following condition , to-wit ; that no
work on the construction of said tracks sha.11 be comienced or per-
fomed until such time as the petition, dated March 12, 1929, of
the Southern Pacific Company to the Interstate Coimerce Conmission
for a sugplimental order in Finance Docket No. 5008 shall have
i "i been denied, overruled or dismissed. the fact of the Section 4, It is expressly understood that tlie/passage of I
this ordinance shall not be used before the Interstate Camerce
Cotmission as an indication on the part of the City Council of
the City of Lodi, of its attitud-e in any controversy now pending
before that cmission,
Section 5. This ordinance shall be in full force and effect
I hereby a>prove and sign the foregoing Ordinance No. 169
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Da.ted: A,Jril 15, 1929. Mayor of the eity of Lodi
I hereb certify tb.et the fore oing Ordinance No, 169 was regularly in x roduced at an ad'ournef regular rneetirg of the City of Lodi, Lodi, California, heid Thurdday, A ril 4th.,1929 and thereak laid over for a period of not less {han five days, and, that said ordinance was introduced. for passage at a rehvlar meeting of said City Council held I!londay, Aprll 15th.,1929 and flnally passed and adopted by the following vote :-
~,YES, Councilmen, 5battucxd ROR~~ jfq~z: H~H~T
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