Loading...
HomeMy WebLinkAboutCC RESO 1 (2)RESOLuTION NO. WHEREAS, J. A. Rice, W. S. Hill, S. S. Johnson, Dr. E. M. Fly, and Dr, Theo. E. franchi3e to c n -- rtittAlk J-03-rns-on, appficantsOff" a and mai-ntrLin for a period of tweutyfive years a street railway track a1on and upbn certain streets and property in the City of Lfatioia1 City, State of California, did, on the 10th day of January, 19u5, file with the Board of Trustees of the City of IjaUna1 City, County of San Diego, State of California, an atp1icatiOn for said street railway fraixehise, which application dezeribes said franchise ard is non! on file in the office of the Ci ty Clerk of said City of National city, and wrarREA-8the said Bard �r Trurtees of th(ity of National City is deJirou3 of granting the said franchie wilh cerLa:r3l changes and additions thr.to and. of offering to graiit the same to t1tepson or persons, Company --on.corporagen tion that willPELY the highest sum fdr paid franchise: NOW, TiREFORE, BE IT RESOLVED by the Board of Trustees of the City of 2 ational City, County of San 1)lego, atate of California, as foiiQws: That the said floard of Trustees bt the City of 12a� • r - C4ty, tate--of Cl44eria, d-ete rut nes tha-V said franchise shall be g franchise is as fo11ovr: A Franchise to construct, Maintain and -OperatQ for a period of twenty-five years a street railway along and upon the following road and streets in the Cityof Rational City, State of of California, ttwit: Comencing at the Nor t h r ly limit 'of "H" Avenue; thence So4hy to 8th Street; thence lhoterly along 8th Street to First Avenue; thence Southerly along First Avenue to Fourte th Street; thence Westerly along Four Street to Seventh Avenue; thence Southerly a1oig :seventh Avenue to Twenty-third Street; thence Westerly along Twenty- third Street to Santa Fe depot at Twenty-third Street and Ninth Avenue, and from the junction of Twentieth 5114*c-et bffid Seventh Avenue easter' a.iong Twentieth Street to ";i" Avenue; thence Northerly along uFi" Avenue to 8th Street and from the junction of 8th Street and 1)" Avenue Northerly along "T)" Avnue to City Limits; and from the junction of First Avenue and 8th Street Northerly along First Avenue to City limits, and. fron the junct'on of 8th Street and "H° Avenue Easterly along 8th Street to City Limits: Upon the Following conditions and limitations, viz: I. That the cars upon said railroad sTa11 beprOPC11ed 1:71j electricity, used through the overhead system, but if at any time the Baia railway cannot be operated by said power owing IQ accident to ate machinery or appurtenances or other causes, horses orrles may be used to propel cars thereon during the timete same cannlot be operated by said power. II. That the grantees or their assigns shall plank, pve or macadamize, as the Board of Trust ee s ma}� dire cL , the entire length off_ that portiQn of said streets used �?a said railway tracts, between the rails and for two feet an each side thereof, and between the tracks, and keep the game con- stantly in repair, flush with the streets and with good cross digs, III. That the track shall te Your feet eight and one-baif inches wthin the rails; and shall have a space betwee.. them and between side-tracks, turnouts 'and 1witches, of not __less than five feet three inches, being ouff i dent to allow the cars to pass each other freely. IV. That the right to grade, swwer, pave and macadamize ot otherwise improve or alter or repair the said streets shall be reserved 10 the City of National City; said work to be done so as to obstruct the said railway as little as possible, the grantees or their assigns shall shift or reshift its rails so as to avoid the obstruction created 'tBere`i,,y; V. That the laying of said tracks, and of all side- t racks, turnouts, :witches or curves, shall c onforrn in all cazes with the grade of said street_, where the same have Vean gTadeand in all other cases as near to the natural grade as practicable. And *hrr•at. any time any part of said road shall be graded or the grade thereof lt 4 or changed by the saia Hoard ofTructces_, the bed of the road and the tracks t7ier.eon shafl be rnaU bo cvrotlieiewithy the grantees or their assigns. The trackl so bonstructed and laid that each of them shaIT be distance from the curt line of said. street. VI. No switch shall be constructed or maintained within fifty feet of any cross street, 'and the location of said switches and all turnouts sa11b changed at the expenseof the grantees or these assigns whenever so ordered by the said Board of Trust ee s, VII. That the City Engineer, under the direction of the said Board of Trustees, give the established grades of the streets along the line of construction of said railway, and xt stakes indicating the said grading; he shall see that the said railway is constructed and maintained in conformity to the terms and requirements of the franchise and for his services as herein required he shall receive such fees as are provided therefor, and the same shall be paid by the grantees or their assigns. TflI. • That the failure to comply with any of the condi- bons of thefranchise shall work a fofeiture of the rights and privileges granted thereby. IX. That the right �o repeal, amend or modify the or- dthance granting the franchise shall be reserved to the Board of Trurtees. 3C� That the successful bidder for said f nckie or his a ssigns muthin six months after the granting of said franchise dec4&p: aand select which street the said street railway track shall be laid over and upon from 8th Street and running in a northerly direction to the City Limits of said City; that is to says th&j must decide whether they shall coML7erca at 8th Street and "H" Av e flue and. run in .a Northerly direction along "H" Avenue to the City limits; or whether they shall commence at 8th Street and °U° Avenue and run along 'D' Avenue in a Northerly direction to the City limits; or whether the, shall select first Avenue at the conjunction of 8th Street and run northerly along First Avenu.e to the city limits, and that if no selection is made within the said six months, this franchise shall be forfeited as to the said streets and. after the selection a 4- has been made as to which of the said streets the said street car track shall le laid upon, the right to lay tracks upon the other two streets shall be declared forfeited, as it is only the intention of said City to grant the right of way or franchise over nne of the three said streets. XI. That the work�on the construction of said rai!way shall be coramenced with/,four months frc'm tub granting of the franchise therefore and shall be completed within two years thereafter,and if the said work on the constructi�hof. said railway shall not I)e,.conner,ced 'n good faith within four months from the granting of said franchise and shall not be coipieted within two years the&aLter, the said franchise so granted shall be forfeited,provided the time has not been extended by the Board of Trustees of zaid_City upon gred cause having first been shown; XTI, That sealed bids for the purchase of said franchise shall be addressed to t a�3 Board of Trustees of said City of National City and delivered to the City Clerk of r the C ty of National City, and be received by the said City iv ttigviX Clerk up to the'8th day of April, 1905, at 10 o'clock A, M. of said day, and that the successful bidder and his assigns must durisg the life of said franchise pay to the City of National City two percent of the gross annual receipts of the person, persons, partnership or corporation to wham the franchise is awarded, arising from its use, operation or possession; that said percahtage shall not be paid for the first five years succeeding the date of the franchise but thereafter such percentage shall be payable amivally, and in the event said payments are not made said. franchise shall be forfeited. XIII. That the said franchise will be granted to the person, persons, firm or corporation who shall make the highest cash bid therefor, provided only, that at the time of the opening of said bids any responsible firm or corporation present or represented may bid for said franchise or privilege tLU1U riot -,less than ten per cent above the highest sa1ed bid therefor, and said bid so made may be raised tee percent b any presents and aid of,;7(4:10 :ificA4.4-4-cepd inmet sold and granted by 4,402 A4411, 01,44k 7441,wayikce14-41-7esv1/4- !drier therefor in 16. essfuLJD117 sha irkof �he rSR1� City �""`� or rtZ- hid tir.i.tIzz_n he, they an it shall pall be granted to the next highest bidder therefor. That this resolution shall take effect and be in force from and after its passage and approval: that the City Clerkotthe said City of National City be and he is hereby authorized and =directed, immediately after the arovaI of t!s resolution by the said Board of Trustees, to publish or cause the same to he published at least once a week for _ fOuvb-Sue cc in thNatthna1 ity iiews, a newspaper published in the said City of National City, State of California. Cali rnia s PASSED and ADOPTED �iy t.he_ :�aid�oard. of T�e� d.lioa _ ._ � the `pity oP National City, State of California, this Ada OP ATTEST: 1905, by the following vote: TRUSTEE TRUSTEE TRUSTEE TRuSTEE TRUSTEE CftyC1erk. r d :r'oarc of Trustees.