HomeMy WebLinkAbout1869
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ORDINANCE NO. /8't:.'l
AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING UNTO
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY A FRANCHISE TO
MAINTAIN AND OPERATE A RAILROAD TRACK ACROSS PORTIONS OF RIALTO
AVENUE, BELLEVIEW STREET AND THE ALLEY BETWEEN SAID STREETS IN THE
CITY OF SAN BERNARDINO.
WHEREAS, and under the terms of Ordinance No. 221 of the
City of San Bernardino, the Southern California Railway Company,
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predecessor to the Atchison, Topeka and Santa Fe Railway Company, I
were granted the right and privilege to construct, operate and main~
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tain a standard gauge railroad track across Rialto Avenue, Belle- I
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view Street and the alley between said streets, which said privi-
leges expire during the calendar year 1949; and,
WHEREAS, the said Atchison, Topeka and Santa Fe Railway
Company desire to continue to maintain said railroad track and to
operate a railroad over and across said streets and alley upon the
routes and lines as described herein; and,
WHEREAS, the Mayor and Common Council of the City of San
Bernardino after having duly considered the same are willing that
said franchise and said rights and privileges shall be continued.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION ONE: The franchise is hereby granted to the
22 Atchison, Topeka and Santa Fe Railway Company, a corporation, to
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construct, erect, operate and maintain a standard gauge railroad
track across portions of Rialto Avenue, Belleview Street and the
alley between said streets for a period of fifty (50) years from
the date hereof.
SECTION TWO: That the privileges hereby granted are upon
28 the following conditions and provisions:
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(1) That the roadbed shall at all times so far as is
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1 ii times keep the roadbed flush with the streets and provided with
2 Ii good and suitable crossings and shall plank and surface the same
3 !I with the same materials as said streets, between the lines and for
4 II two (2) feet on each side thereof whenever and wherever ordered by
5 ii the Mayor and Common Council of said City. In the event of failure
6 I to comply with said requirement for ten (10) days after notice so
7 j to do by said City, then the City may cause its Superintendent of
8 I Streets to proceed to construct the work in a good and substantial
9 jlmanner,and the grantee of this franchise and their assigns by the
10 I acceptance of this franchise do hereby agree to pay the costs thereT
11 I for within thirty (30) days after presentation of a bill covering
12 I the cost of said work;
13 I (2) The City of San Bernardino reserves the right
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14 to locate and construct under said tracks any water, gas or sewer
15 lines that may be required for the benefit of the City or its citi-
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16 II zens, without charge therefor, the same to be located and construc-
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17 ' ted as not to interfere with the maintenance and operation of said
18 railway company's trains.
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SECTION THREE: That said crossings covered by said fran-
20 chise are more fully described as follows, to-wit:
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(1) ACROSS RIALTO AVENUE - The center line of said
track beginning at a point in the North line of
Rialto Avenue, distant thereon 58.2 feet East
of the East line of California Street; thence
South 82.5 feet in a straight line, to a point
in the South line of Rialto Avenue, distant
thereon 226.7 feet East of the East line of
California Street.
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(2) ACROSS THE ALLEY BETWEEN RIALTO AVENUE AND BELLE~
VIEW STREET - The center line of said track be-
ginning at a point in the North line of said
alley, distant thereon 227.1 feet East of the
East line of California Street; thence South
15.0 feet in a straight line, to a point in the
South line of said alley, distant thereon 227.2
feet East of the East line of California Street.
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of spiral curve; t~ence Southerly 17.8 feet on
a standard l80-foor Santa Fe spiral curve, hav-
ing a delta of 3030', toa point in the South
line of Belleview Street, distant thereon 227.9
feet East of the East line of California Street.
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CONDITIONS - That the cars upon said roads shall not
5 be allowed to stand upon any street or any street intersections in
6 such a manner as to unnecessarily obstruct the use of said street
7 by vehicles or pedestrians.
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SECTION FOUR: This Ordinance shall be in force and take
9 effect from and after thirty days after its passage and approval.
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SECTION FIVE: The City Clerk shall certify to the pas-
11 sage of this Ordinance and shall cause the same to be published
12 three consecutive times in the San Bernardino Evening Telegram, a
13 daily newspaper hereby designated for that purpose.
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I HEREBY CERTIFY that the foregoing Ordinance was duly
15 adopted by the Mayor and Common Council of the City of San Bernar-
regular meeting thereof held on the /~~ day of
16 dino at a
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Noes
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I hereby appr04the foregoing Ordinance this /,;/.'b1 day I
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, 1949, by the following vote, to-wit:
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Ayes
Absent
24 of October, 1949.
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ayor of
Bernardino
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28 Prepared and approved as to torm.
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