1945 (#1144-1156) - Laserfiche WebLink

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ORDINANCE NO. 1149 AN ORDINANCE GRANTING TO THE PACIFIC ELECTRIC RAIL~VAM COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE DOUBLE TRACK STANDARD GAUGE RAILROAD TRACKS ACROSS FIFTH STREET AND ON FOURTH STREET, AND TvV0 TRACKS ACROSS SECOND STREET, AND REPEALING ORDINANCES NOS. 381 and 898. THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1. That the right, privilege and franchise is hereby granted to the Pacific Electric Railway Company, a corporation, its successors and assigns, to constr~ct maintain, and for a period of twenty-five years to operate, standard gauge railroad tracks over the route described as follows: A double track beginning at a point in the north line of Fifth Street (60 feet wide) 432.28 feet westerly thereon from the center line of Hawley Street; thence southeasterly 100.14 feet, more or less, to the south line of Fifth Street 3§2.07 feet westerly thereon from the southerly prolongation of the center line of Hawley Street. Also, double track beginning at the intersection of the center line of Fourth Street with the westerly line of Artesia Street (60 feet wide); thence easterly along Fourth Street to end of double track 282.07 feet, more or less, easterly of the center line of French Street. Also, single track, beginning at a point in the north line of Second Street distant easterly thereon 422.08 feet from the center line of French Street; thence Southwesterly 60.87 feet, more or less, to the south line of Second Street distant easterly thereon 411.@3 feet from the center line of French Str6et. Also, single track, beginning at a point in the north line of Second Street distant easterly thereon 368.33 feet from the center line of French Street; thence southeasterly 60.42 feet, more or less, to the south line of Second Street distant easterly thereon 378.28 feet from the center line of French Street. Together with the right to construct crossovers, curves and switches, and all other structures and attachments that may be necessary for the purpose of operating said road and enabling it to be as effective as the best electric railroad, including power lines on poles as now located on each side of Fourth Street between French Street and Lacy Street and on Lacy Street on poles located on the westerly side of Lacy Street between Third Street and the northerly line of Fourth Street and across Lacy Street to Substation located at the southeast corner of Fifth and Lacy Streets and also telephone poles as now located on south side of Fourth Street from Lacy Street to Southern Pacific Depot east of Evergreen Street. SECTION II. That the terms and conditions upon which this franchise are granted are as follows: First: That the railroad to be constructed and operated under this franchise may be used for the transportation of passengers, bagEage, United States mail, express matter, and such other commodities as can be conveniently handled by railroad operated by electricity or other motive power, except steam; provided that cars carrying freight shal be conveyed over said railroad on Fourth Street only between the hours of lO:00 P.M. each day and 6:00 A.M. of the following day, except in case of an emergency and upon author- ization by the City; and provided that trains of open cars carrying freight or products shall be conveyed on said railroad on Fourth Street only between the hours of 12:00 midnight and 4:00 A.M., except in case of an emergency and upon authorization by the City. That the tracks to be laid under this franchise on Fourth Street shall be placed as near equi-distant from the center of the street as possible, and where said road is double tracked, as near each other as a proper regard for safety will allow. Second: That said grantee, or its successors and assigns, shall use good material in the construction of said road, and said road shall be built in a good, workmanlike manner, and that said grantee, and its successors and assigns, shall, at its or their own cost and expense, oil and re-oil, pave or maeadam~e the said road between the rails, between the tracks and for two feet on each side thereof, with the same material used for the City and under the same specifications and in the same n~nner as upon the streets over which said roads are respectively, except as may otherwise be specified by the City, and shall keep the same constantly so paved or macadamized and in repair flush with said streets and provided with suitable crossings, and shall make the roadbed conform at all times to the established grade of said streets; provided, however, that where any of the above named streets have been graded or otherwise improved prior to the granting of said franchise, said roadbed and rails shall conform to and be flush with the surface of said graded or otherwise improved street or streets, whether slid surface be above or below the official grade of said street or streets, and on all other street or streets the said roadbed and rails shall conform to such official grade as aforesaid. In case the said grantee or its successors and assigns shall fail to comply with the instructions given for said repairs for ten days after service of notice thereof upon the Superintendent or Manager of said electric railroad, then the City Council of the City of Santa Aha may, with suitable assistance, enter upon said electric railroad or any portion thereof, and do the work and furnish the proper material and keep an itemized account of the cost thereof, which said grantee, or its successors or assigns, by the acceptance of this franchise, agrees to pay irm~ediately to the Treasurer of the City of Santa Ana upon the presentation of the account to the Superintendent or Manager of said electric railroad.