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Provided, further, that the cars shall be run over the road on Fourth
<br />Street constr~cted under said franchise every day unless prevented by the elements
<br />riots, strikes or unavoidable causes; provided also thah cars shall be run over
<br />and upon said road as often as may be necessary to properly accommodate all
<br />persons who apply for transportation over said road, except in times of extra-
<br />ordinary and unforseen amounts of travel.
<br />
<br /> Provided, further, that said grantee and its successors and assigns
<br />shall have the right to excavate and remove portions of said streets necessary to
<br />properly construct said road and to erect needful apparatus, boilers, engines and
<br />other appliances to properly equip and run said road; provided, further, that the
<br />City of Santa ^ha, in granting said franchise, expressly reserves the right to
<br />pave, macadamize, renew or sewer any of said street~ or to lay gas, water or
<br />other pipes therein, said work to be done so as to interfere with said road as
<br />little as posoible.
<br />
<br /> It is further provided that said grantee and its successors and assigns
<br />shall construct all necessary flumes and culverts for the free passage of water
<br />under the tracks of said railroad whenever an~ wherever necessary, and that all
<br />such flumes and culverts shall be constructed in accordance with plans and spec-
<br />ifications approved by the City Engineer.
<br />
<br /> Third: That grantee, its successors or assigns, shall carry free on its cars
<br />the City Marshal and deputies, and all regular police officers and firemen of
<br />said City when on duty, and the City Councilmen, subject at all times to the rules
<br />of the railroad.
<br />
<br /> Fourth: That the said corporation to whom this franchise is granted or
<br />awarded, its successors or assigns, shall, during the life of said franchise, pay
<br />to the City of Santa Ana, in lawful money of the United States, two per cent of
<br />the gross annual receipts of said grantee and its successors and assigns, arising
<br />from the use, operation or possession of this franchise. Said percentage shall
<br />be payable annually, and this franchise is to be forfeited by failure to make
<br />the payments provided for, and it shall be the duty of the grantee of this franchi~
<br />its successors and assigns, to file with the City Clerk of the City of Santa Aha
<br />at the expiration of each and every year a statement verified by the oath of said
<br />grantee, its successors o2~ assigns, and by the oath of the manager or presiding
<br />officer of said grantee, or its successors or assigns, showing the total gross
<br />receipts or gross earnings collected or received by the said grantee, its success-
<br />ors or assigns, during the preceding twelve months, and within ten days after the
<br />time for filing such statement, it shall be the duty of said grantee, its success-
<br />ors or assigns, to pay to the City Treasurer of the said City of Santa Ana the
<br />aEgregate stun of said percent age upon the amount of the gross annual receipts
<br />arising from the use, operation or possession of said franchise.
<br />
<br /> Provided, that if the road for which said franchise is granted shall be
<br />an extension of an existing system of railroad, then the gross receipts shall be
<br />estimated to be one-half of the proportion of the total gross receipts of said
<br />system which the mileage of such extension bears to the total mileage of the whole
<br />system, and said estimate shall be conclusive as to the amount of the gross
<br />receipts of said extension.
<br />
<br /> Fifth: That the work of constructing said road shall be cormmenced in good
<br />faith within not more than four months from the date of the granting of this
<br />franchise, and shall be prosecuted thereafter in good faith and without unnecessar
<br />or avoidable intermission or delay, and that said work of construction shall be
<br />completed within not more than three years thereafter, and if said work be not so
<br />cormmenced, prosecuted and completed within the time or in the manner specified,
<br />this franchise shall be forfeited.
<br />
<br /> Sixth: That all poles used in electric railway operation shall be placed
<br />within the curb line of the streets herein designated as officially established
<br />by the City Council of the City of Santa Ana, and the outer edge of poles shall
<br />in all cases be set as near the inner edge of the curb as practicable when not
<br />otherwise directed by said City Council, and the wire suspended from s~td poles
<br />shall not at any point be less than nineteen feet above the top of the rail.
<br />Said poles shall be smooth, straight ~ud painted in uniform colsr.
<br />
<br /> Seventh: That the railroad is prohibited from parking, standing or storing
<br />cars on all streets, and all stops for loading and unloading passengers shall be
<br />at street intersections. The Railroad shall be subject to all rules and
<br />regulations established by Commission, Statute or Ordinance.
<br />
<br /> Eighth: That when tracks covered by this franchise, as well as tracks on
<br />Fourth Street, between point near French Street and end of existing line near
<br />Evergreen Street, are abandoned or removed, the railroad will repave, under the
<br />direction of the City Engineer, any and all portions of streets over which such
<br />tracks exist.
<br />
<br /> Section III. The grant of this franchise is effective only upon the
<br />funther condition that the grantee, within five days after said franchise is
<br />awarded to it, file with the said City Council a bond running to said City in the
<br />penal s~nn of One Thousand Dollars (.~l,O00) with at least two good and sufficient
<br />sureties, to be approved by said City Council, conditioned that said grantee shall
<br />well and truly observe, fulfill and perform each and every term and condition of
<br />said franchise, and that in case of any breach of condition thereof, the whole
<br />amount of the penal sum therein named shall be taken and deemed to be liquidated
<br />damages, and shall be recoverable from the p~tncipal and sureties upon said bond.
<br />If said bond be not so filed, the award of said franchise will be set aside,
<br />and any money paid therefor will be forfeited.
<br />
<br /> Section IV. That said grantee, its successors or assigns, are hereby
<br />required to file a written acceptance of~ the terms and conditions thereof with
<br />the Clerk of said City within thirty days after the passage of this ordinance.
<br />
<br /> Section V. Ordinances Nos. 381 and 898 of the City of Santa Aha are
<br />hereby repealed.
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