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HomeMy WebLinkAboutOrdinances - No. 94ORDINANCE NiO. 94& AN (ORDINANCE GRANTING TO CENTRAL PACIFIC RAILWAY CO'di'Arf, ITS SUCCESSORS AND ASSIGNS FOR THE TERM AND PERIOD OF rmt (60) YEARS FROM AND AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE, THE FEANCHISH, EBCLUSIVI RIGHT, PERMISSION AND PRIVILEGE 'TO LAY DOWN AND MAINTAIN RATLROATf TRACKS OF STANDARD GAUaB, TOGETHER WITH THE NECESSARY TRACKS, CURYSS1 SWITCHES, CROSS* 10,3, CONNEC"'IONS, APPENDAGES AND ADJUNCTS FOR THE CONVENIENT USE THEREOF# THAT IT, ITS; SUCCESSORS AND ASSIGNS$ MAY REQUIRE FROM TIME TO TIME DURING THE LIFETIME OF SAID FRLNCHIMP AND THE EXCLUSIVE RIGHT TO PASS WITH A STE"o OR 000 LAWFUL MOTIVE POWER$ LOCOMOTIVES, WITH CARS# MOTORS AND OTHER RAILROAD EQUIPMENTS, OVER# ALONG, UPON AND ACROSS TO STRESTS0 FOR - TIONS OF STREETS AND OTHER PLACES IN THE CITY OF LODI, COUNTY OF SAN JOA- QUIN,, -WATE W CALIFORNIA. The Board of Trustees of the City of Lodi# County of Sept Zoaq ttn State of California, do ordain as follows;— Section ollows; -Section 1*That the City of Lodi hereby grants to Central. Pasiflo Railway Company, a railroad eorporation duly organized and Incorporated as such# under and by virtue of the Lass of the State of Utah# and conducting and carrying on a general railroad business at various places in tete State of California, including the City of Loa,( its successors and: assigns so fear as it lies within the power of said City of Lodi to grant the same for the term and period of Fifty (50) years from and after the passage and appro' l of this Ordinance, subject to all the tome, conditions and liml;tatUms hereinafter made and expressed, a franchise* exclusive right, pmssioho. and privilege to lay dawn and maintain railroad tracks of standard Soup# together with the necessary tracks, curves, switches, crossings, connect- ions# appendages and adjuncts for the convenient use Onareof, that it* its. successors and assigns, may require from time to tame, during the lifetime of said Franchise, and to construct and maintain thereon a roadbedr and the exclusive right to pass with a steam, or other lawful m'3tIve power„ locomo- tive, with ears, motors and other railroad equipments, over, slong.upon and across, the streets, portions of streets, and other places in the City of Lodi, County of San Joaquin,. State of California, described as follows, tow it: S. A single track railroad track, baginning for the center line there- of at a point in the South line of Tokay Street produced westerly as &=A on }dap of "Re -Subdivision 4 Lot Soventy-two (72) of mods Barnhart Tract," a subdivision located in the City of Lodi, said point begng also Eighteen (18) feet Easterly at right angles from the center line of the main tra* or the Central Pacific Railway as now existing between Tracy and Sacramento and opposite Engineers Station 1609 plus 72.6; running thence Northerly parallel to said main track and Eighteen (18) feet distant from the center line thereof 60„25 foot to the North line of Tokay Street,; produced Wezterly. 11. A single track: railroad track, beginning for the cantor line there- of at a point in the South line of Tokay Street produced Westerly as shown on, the first above mentioned map; said point being also Eighteen (18) feet Fast Carly at right angles from the center line of above mentioned main track and opposite Engineers Station 1609 plus,72.6; running the nee Northerly an a curve to the left radius 764.49 feet. and approaching said main track, Sixty (60) feet to a point in the North line of Tokay Street produced Westerly Fifteen (lb) feet, more or less Easterly at right angles from the center line of said main track. That all streets referred to In said description ere as so desig- nated on the Official Map of the City of Lodi, (formerly Town of Lodi, and formerly Makelumne,) on file and of record in the offices of the County re - (2) Sorder or the County y o f Sat J=44nt S tte of Calif Ornia, Section 2.-- The rights, privileges aw permissions herein granted to mild eorporationg its successors and assigns, are dependent for their c tib" and validity upon the performance by mid corp- oration, its sueoessors, end assigns,: in full of all the mditions as hersimfter set out'): tto-wits — FIRS` t ,id Corporation shall In all cases ec straet p lay dam and ma:int:ai.n its said road-beds in said City of Lodi, to the Official grades ot said streets, and oto places# sud shall not eonstruet or raise any portion of its road-beds to a greater hoighth than said offl.eial Vides, unless with the permission of. the said Board of Tru tees of the City of Lodi #' exert so far as it %ay be neoessaryin +grossing the road ds and tracks of othor railroads; em4 shall notr, for any other purpose remove any earth from or make any mavations In any of the streets of said City of Lodi., except It may be nes no to do for the purpose of amstrueting eulvertal SWORD: RD ftid Corporation shall construct sultabie culverts for the passage of water at sash points on said road-mss an shall, selected by the Board of Trustees or the City of Lada t or the Sver- Inten out of Stareets# and shall keep said oulvarts in a stsant repair* Tom; Said Corporatloo ill f upon the order of mid Board of Trustees of the City of Lodi grade or regrade # VWMI or re l0 plank or replanko pave or repave# macadamise or remoadamizej, plU or repilet with audh material as shall bo ordered bysaid Board of Msteea of the City of Vii, any and all portions of the said streets along which their tracks are laid between the mils thereof# and for a: width extending tura feet can eaah side of said trWiXal and between the tracka where the saw am double traw l also between the rails and for a width extending two feet on eaeh side thereof of all turns, eurvest side tracis# switches and appendages, it shall keep the same, including the arossingst constantly In repair and., Plush with the streets, cad in *am crossings aretaken u 04y amt be replaced Imediately after the eom- pletlon of the work. All work must be done under ,the sapervisi:<n; and to the satisfaction, of the Superintendent of Streets, and In no ease shall said Co ration, its sueeessors or assigns, be permitted to run or oper- ate r -rate said rsilroad on any strew or pion: of street or other places whom the said track or tracks are laid #, until the same have been approved by the Superintendent of Streets or by the said Board of Trustees or the City or Lodi* U section $*- Said Corporation shall keep its road -beds and tMoks In good eondit.ions with proper slopes to enable tem to pass and reams« Section 4*- All privileges and ruts required by said Corpor atlon, for the amstrut#ti,on and m iatena a of said road -►beds* tracks$:. -eurves.t bide traWm, spurs# and switcahes,. through private property and upon grades made by private persons upon the proposed uw of said robdor beds, tracks* eurvos, side tracks,, spurs and sw tcher- are to be sea . by -aid Corporation Prod the owners of such property. Section 5#_ 1f the said Corporati on shall rail, for thirty days, to accept,. in writing*. -.filed with the Board of %Wstiees of he 01ty of Loal by f 11ing t:% swaa with the City Clerk of the City of Lodi, the t'ranchiseo r1ahts and privileges herein Pentad.,, or to oomesc:e .In good falth and duly prosecute the construction of Its railroad .within one (1) month Prem the date of the approval or this Ordinance, then this Crdii- nonce shill be of no force aid effect, as a g'an'g unto said Corporation# Section 6.- This Ordinance shall take effect and be In force Thirty (30) days from and after its passage and approval* The Poregping Ordinance was introduced for passage at a regular meating of the Board of Trustees of the City of Lodi, held on the 4th day of February, 1918, and on the 11th day of February, 1918, (4) Which was more t#an flVe days thereafter, was at a replarly ad jsurwd meeting of d. of Trustees duly and regaarly held on the 11th . day of February# 119160 f Inally passW by the _:rollowinG votes "es nlrus s Hale#, Blacks Keeney and Fole orf : . :a does; None * �\ Absent 'rust Deaver •., I beret F Blip aid approve t:hd foregoing ordInanQe* this llth day of Februwy& 918* F* Go Hale. President of the Board of Trustees Tr City �f th Lodig and as the RxecutiVe of said City of Lodi. Attest; Wr. �Ith day \of February, 19184 H* S* Clark City Clerk of City of I,�'idi� and CSe or 00 Board of Trustees of said City of Lodi* A i ;i \ i i 1'.