HomeMy WebLinkAboutOrdinances_1228_CCv0001.pdf ORDINANCE NO. 1228
An ordinance of the City Council of the City of
Redlands,, granting to the Pacific Electric Railway
Company, its successors and assigns,, the right for
the period of twenty-five years to maintain and
operate a railroad track upon San Bernardino Avenueq
and over the route herein described, in said City of
Redlands, together with certain appurtenant and
incidental rights.
The City Council of the City of Redlands does ordain as followsg
SECTION 1. That the right and privilege be and the same is hereby
granted to Pacific Electric Railway Company, its successors and assigns, for the period
of twenty-five (25) years to maintain and operate a standard gauge single track electric
railroad in the City of Redlands, California, over the route described as follows, to wits
Over and along the center of San Bernardino Avenue from
a point 100 feet west of the center line of Texas Street
to the boundary of the City of Redlands.
SECTION 2. The terms and conditions upon which said rightq privilege
and franchise are granted are as follows.-
1. That said grantee, its successors and assigns, shall use good material
in any reconstruction of said railroad,, and the said railroad shall be maintained in
a good and workmanlike manner, and the said grantee, its successors and assigns, shall,
at its or their expense, gravel or macadamize the said street between the tracks and
for two feet on each side thereof where said railroad is constructed upon said street,,
with the same material used by the City and under the same specificationeq and in the
same manner as upon the street upon which said railroad runs, and shall keep the same
constantly paved, graveled or macadamizedg and in repair, and as near as possible on
the grade with the street, all repairs and grading on said street where said railroad
or roadbed crosses said above named street to be made under the direction of and to
the satisfaction of the City Council, or the street superintendent, of the City of
Redlands, at the expense of the grantee of this franchise, its successors or assigns.
In case the said grantee, its successors or assignsg shall fail to comply with the
instructions given by said street superintendent or City Council in regard to such
street work, then said street superintendent shall enter upon such street and do the
work as ordered by the City Council, and said street superintendent shall keep an
itemized statement of said work, which the grantee hereof, its successors or assigns
by the acceptance of this franchise, hereby agree to pay immediately, upon the presen-
tation of such account to said grantee, its successors or assigns. Its or their
failure to do so shall be sufficient cause for forfeiture of said right or privilege
hereby granted in case said roadbed or tracks are not kept in repair, as hereinbefore
provided.
Provided, further, that said grantee, its successors and assigns,
shall construct all necessary flumes and culverts 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 specifications provided by the City Council.
Provided, further, that said grantee, it successors and assigns, shall
have the right to excavate and razove portions of said street necessary to properly
maintain said railroad, and to erect needful apparatus, side-tracks, turnouts,
switches and other appliances, center poles and span poles for carrying trolley,
power, telephone and telegraph wires, and other wires used by said grantee in the
operation of said railroad, and other appliances necessary to properly equip and nm
said railroad.
Provided, further, that the City of Redlands, ,in granting said right
and franchise, expressly reserves the right to pave, gravel, macadamize, renew or
sewer said street, or to lay water, gas, or other pipe therein, or to erect telephone
or telegraph and other wires over and across said railroad, said work to be done so as
to injure said railroad as little as possible,
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2. That the further privilege, authority and right be, and the same is
hereby granted to said grantee, its successors and assigns, to use electricity over
any and all of the line of railroad hereby authorized to be operated and maintained
and the privilege thereof, and also use of gas electric and d-Leael electric motive
power within the said City of Redlands for the purpose of propelling cars or trains
on said railroad or any portion thereof.
3- That the said grantee, its successors and assigns, during the life of
said franchise shall pay to the City of Redlands, in lawful money of the United Statesp
two per cent (2%) of the gross annual receipts of such grantee and their or its
successors and assigns, arising from the use, operation or possession of said fran-
chise, Such percentage shall be payable anxu ally, and the said franchise is to be
forfeited by failure to make the payments provided forg provided, that if the rail-
road for which said franchise 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 system whioh the mileage of such
system bears to the total mileage of said whole system, and said estimate shall be
conclusive as to the amount of the gross receipts of such extension, and it shall be
the duty of the grantee of such franchise, it s-uccessors and assignsg to file with
the clerk of said city at the expiration of six years from the date of the granting
of said franchise, and at the expiration of each and every year thereafter, a state-
ment verified by the oath of said grantee, its successors and assigns, or by the oath
of the manager or presiding officers of such grantee, its successors or assignsp
showing the total gross receipts and gross earnings, collected and received by said
grantee, or its successors and assigns, during the preceding twelve months from all
traffic on any part of the line for the maintenance 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, and within the ten days after
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the time for filing the aforesaid statement it shall be the duty of said grantee, its
successors and assigns, to pay to the City Treasurer of said cite the aggregate sum of
said percentage upon the amount of the gross annual receipts arising from the use,
operation and possession of said franchise determined and computed in the manner herein-
before provided. Any neglect, omission or refusal by said grantee, or its successors
and assigns, to file said verified statement, or to pay the said percentage of the
said gross annual receipts at the times or in the manner hereinbefore provided, shall
Work a forfeiture of said franchise and all rights thereunder to the City of Redlands.
That any neglect, failure or refusal to comply with any of the conditions of said fran-
chise shall thereupon effect a forfeiture thereof, and the said City Council may there-
upon declare said franchise forfeited and may exclude said grantee, its successors or
assigns, from further use of said street under said franchise, and said grantee, its
successors and assigns shall thereupon and immediately surrender all rights in and to
the same and said franchise shall be deemed and shall remain null, and void and of no
effect.
The City Clerk shall certify to the passage of this ordinance by a two-
thirds vote of all the members of the City Council of the City of Redlands, and shall
cause the same to be published once in the Redlands Daily Facts, a newspaper of general
circulation printed and published daily in said City of Redlands, and thereupon and
thereafter it shall take effect and be in foroe.
t
Mayor of the City--oT AdlandsCity--o
ATTEST:
Cityj lerk
I hereby certify that the whole number of the City Council of the
City of Redlands is five; that on the d€�y of pugustg 196 , at a regular
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meeting of said Council, a quorum being present, the foregoing ordinance was passed
and adopted by a two-thirds vote of all the members of sand City Counoilq to wit,
By the following vote:
AYES& Councilmen Burroughst Martinezt Wagner; Mayor Parker
NOESa Rnme
ABSENT8 Councilman Hartzell
Avoca,
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