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HomeMy WebLinkAbout480 ~ .. .. , 'I r " , '; ORDINANCE NO. ~ g tJ . An ordinance of the Kayar and Common Council of the c~ty of San :BernaMino, granting to-z:;h ~ ~ ~ ~, its successors and assigns, the rilht to construct and for the per.bd of fifty years to maintain and operate a railroad upon and across certain streets, and over the route and right-of-way herein described, in the City of San Bernardino. together with certain appurtenant and incident rights. The Mayor and Common Council of the City of San Bern- ardino do ordain as follo..: -- Section 1: That the ri~t and privilege be, and the eame are hereby, sral1ted to-d ~ ~;{"~ ~I its successors and assigns, to construct, and tor the period of fifty years to maintain and operate an electric railroad as a part and extension of its railroad, and to be constructed, main- tained and operated between the City of San Bernardino, California and other cities and towns, with two or more tracks, in whole or in part, at the option of sald grantee. its successors and assigns, over the route and along and across the following streets or highways, to wit: -- C~encing at the int.r..otion .t 81al\0 Avenue and "E" Street; tnence .e.terly alOft& 81&1'. ....u. to the west boundary line of the City at San .e.aN1ao. Provided. that the arante. .sHUDder shall have the alternative risht of leaYlna the sald lialto Avenue at any point and running alons private rilbt-ot.wa7 and across all intersect. ing street. and alley., westerly to the 881d city boundary. If the grantee hereunder shall exercise its said right to build along said private right-of-way the same shall be as nearly parallel to said Rialto Avenue a8 practicable. In case said grantee shall construct its line on private right-ot-way along all or any portion at the above described route, then and in that case that portion of this tranchiee cOTerins Rialto Avenue. for suoh distance as the line shall be constructed on private right-at-way, shall be deemed vacated - 1 - \. and abandoned without preJudice to the balance ot said line. Section 2. The ter.ma and conditions upon which said risht, privilege and tranchie. are granted, are aa t.llow.. 1: The railroad constructed and operated under this risht, privilege and tranchise shall be used tor the transport- ation of passengers, United States Mail, bagsage and freight. 2; That the tracks to be laid upon Baid right-ot-way and upon and across said streets shall be placed as near each other as a proper regard for satety will allow. 3. That said grantee, its successors and assigns, shall use good material in the construction ot said road, and the said road shall be builtin a good and workmanlike manner, and the , said grantee, its auccessors and aa.ien.. shall, at its or their f" o..vs expense. gravel or ..cadaDdze the said roa4, ~tween the tracks " and for two teet on each side thereot where said road is con- etructed along and acrOBB said streeta, with the same material used by the city and under the same specificatipns, and in the same manner as upon the streets over and across which said road runs, respectively, and shall keep the same constantly paved, graveled or macadamized, and in repair, and as near as possi ble on the grade wi th the str.ets, and provided wi th Bui t- able croa.ings: all repairs and grading on aaid street or streets where said road or roadbed rune to be aade under the Yn~o-V """v~ direct~on ot and to the satistaction ot ~. Co.-on Council, or of ... ~.ul;; " the.... .~... _~ 8uper1nteD4en~ of sa id C1 t;y of San Bernardino, at the expense ot the grantee of this tranchis., its sucoessors or assigns. In case the said grantee. ita sucoessors or assigns. aball fail to comply with the instructions given by the said of.,,~J::t::' Straet Superintendent in regard to Buch work. then the said ~ ,..j' ~-\ "T _1. SuperintendentAshall enter upon said street or streets and do n\.~ OJV""clJ the work as 'ordtied by the^Common Council, and said Sip~a\ Sup- af-~ er1ntendentAshall keep an itemized account of said work, which the grantee hereof. its .,cceseors and aesign.. by the acceptance of this franchise, hereby agrees to pay immediately, upon the - 2 - presentation of such account to said ,rant.., -its .ueee.sors or aseigns. Its or their failure to do so shall be .ufficient cause for forfeiture of said r~iht or privll.se hereby grante4 in case said roadbed or track. are not kept in repair, as herein- before provided. Provided. further, that tbe said srantee, its succes- sors and assigns. shall construct all necessary tlumes and cul- vert8 for the free passage of water under the tracks where the same naturally flows, and that such flumes and culverts shall be constructed in accordance with plans and specification. approv- ITI.~ ("'^"-cl. ded by the C~on Council. Il p~oYided, further, that car. eaall be run over the road con.tructed under this franchi.. every d.,. anleBa prevented by the elements, .trikes or unavoidable cau.... Provided, further. that aaid grantee, its succe.sors and assigns, Slall have the riSht to exeavat. and remOTe portions of said streets necesaary to properly conatruct 8aid road, and to ~ erect needful apparatus. side-tracks. turn-a...... awitches and other appliances. center poles and span wire. for carrying trol- ley. power, telephone and telesraph wir.., and other wire8 used by 8aid grantee in the operatien ot ..id railread, and other appliances nec.ssary to properly .,uip and run said railroad. Provided, furta.., that the said oi~. in ,ranting said right and !ranehis. expressly r...rYe. the rilht to pave, gravel, macadaalze. ren.., or ....r. any of said streets. or to lay water. ,as, or other plpe therein, or to erect telephone and telegraph and other wires over and acro.s said road, B8id work to be done so as to injure a81d road as little aa possible. Section 4. That the further privilege, authority and right be, and the same are hereby, granted to said grantee, its succe.sors and aeslsns, to use electricity over any and all of the lines of railroad hereby authorized to be constructed and operated and maintained. and the privilege thereof within the said city for the purpose of propelling cars or trains on said railroad or on its branches or any portion thereof. - ') - Section 5. And provided, further, that laid grantee, its successore and assigns. aball at all times carryall regular and epecial policeaen. police officers. fireman. and letter carrier., While on duty, free over Baid road within said city, subject at all times to Buch reasonable regulations as s.x said grantee, its successors and assigns. may prescribe. Section 6; That the above rights and privile.ee are granted upon the exprees condition that work of constructing said road shall be commenced in good faith within not more than four months from the date of the granting of said franchise, and shall be continuously prosecuted thereafter in good faith and without unnecessary or unavoidable intermission or delay. That said work of construction ahall be co~lete4 in not more than three years thereafter. That if .aid work be not so com- menced, prosecuted.. or completed within the time. or manner herein specified. said franchise Ihall be forfeited. Bection 7: That said grantee, its successors and assigns, during the life of said franchise shall pay to the said city in lawful money of the United Btates, two per cent (2,%) of the the gros. annual receipts of laid grantee and their or its successors and assigns, arising from the use, operation or pos- session ot said franchise. .0 percentage shall be paid for the first five years succeeding the date ot said franchise, but thereatter such percenta.e shall be payable annually, and the said franchise is to be forfeited by failure to make t~e pay- ments provided for; provided, if the road for which said fran- chise is granted shall be an extension of an existing system of street railroad then the gross receipts shall be estimated to be one-half of the proportion of the total gross receipts of such systea Which the mileage of such syst.. bears to the total mileage of the whole systea. and said estimate shall be conclus- ive as to the amount of the gross receipts of such extension) and it shall be the duty of the grantee of such franchise, its successors and assigns. to file with the Clerk of said city at - 4 - . the expiration ot six years from the date of the granting ot said tranchise, and at the expiration of each and every year thereat.ter, a statement verified by the oath of said grantee, its successors or assigns, or by the oath ot the managing or presiding officers of said grantee, its successors or assigns, showing the total gross receipts and gross earnings collected and received by said grantee, or its successors or assigns. during the preceding twelve months from all traffic on any part of the line for the construction and operation of which said franchise is granted, or over any part of the system of said railroad. of which it may be an extension, and from all other sources, an~ within the ten days after the time for filing the aforesaid statement it shall be the duty of said grantee, its successors or assigns. to pay to the City Treasurer of said city, the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, operation.or possession of said franchise deter.mined and computed in the manner hereinbefore provided. Any neglect, omission, or refusal by said grantee, or its successors or assi~s. to file said verified statement, or to pay the said percentage, of the said . gr08s annual receipts at the times or in the aanner hereinbefore provided, shall work a forfeiture ot said franchise and of all rights thereunder to the said city. That any neglect, failure or refusal to co~ly with any of the conditione ot aaid franchise /1 f/Jrl~ ~ shall thereupon .ff.ct a forfeiture thereof, and the saiACommon A Council may therCQpon declare said franchise forfieted and may exclude said grantee, its successors and assigns, from further use of said streets under said franchise, and said grantee, its successors and assigns, ehall thereupon and 1J1J11ed1ately surren- der all rights in and to the same and said franchise shall be deemed and shall remain null and void and of no effect. That the said grantee of said franchise shall within 'rYlO-<j-<r</ QAA/oij five daYI after said franchise i. awarded file with the Co..on 1'1 Council of said city a bond running to said city with at least - 5 - ""WIr , ?n~<-1..n/ ~ two good and sufficient sureties, to be approved by said~Coaunon Council, in the penal sum of Five Hundred Dollars (t500.00), on condition that said grantee, its ~uccessors or assigns, shall well and truly fulfill and perform each and every term and condition of said franchise, and in case of any breach of con- di t ions of said bond the whole amount of the principal sum th~rein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties on said bond. The City Clerk shall certify to tr~ passage of this -y-(;-t~ (/ t" o-H-,,-~~f~ ol~ ordinance .and shall cause s&ne to be published ~ in the 1'1 (ij~.". ~~ a newspaper of aeneral cir9ulation printed and published 1n said City of ~OL- San Bernardino. aatb Ul.e,Xel.f.}lvu Jot od:--t ""'r.Qfte~ it shall take effect and be, in force./c,{,~ ~~ f,~.;}.ft~ c1 ~ I~, ~ _PC-<.-4-J~y"~ / ~, <A-rr~~uaL/,r-=-<V .-/l.L.- r~~ -t7t~~ ~ I hereby certify that the whole numb.r of the Common Council. of the Ci ty of San Bernardino is fi ve; that on the ~~.., day of g...~ , 1912, at a regular meeting of said {f Common/Council, a quorum being present, the foregoing ordinance was passed and adopted, by the following vot e:- Ayes: ~./~Z:~:-r , ~/ ~ ,,'r-o[.Jlce-~. o ?t.' B 0 e.: ~~.. j'= .'!I.~ ;$Ad-<{' ~ 2 ~<-.K... Absent: ~~. ~~ Approved thi s C I T Y C L E R K. 3 ," day Of, ~, lJ#.12.' ~., b~,~'/~/ ~. 1'/ . ~. - /1/f~" .-- - )lAYOR Bernardino. -6'4