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135R __... _ .. _.. joi haujouv -IHz) `SH'ISONV so -I '3130ig aoSAla sZ PUL, tz scuoog `1419MONJAHO `M 'N .sol hauionv 681 jo hep ._. uigi!m go to haO9 pan1399) ;uEpua;aa 'SA Hi;ululd _.._._..-. _._.__...._....-.-- - --..-- •eiuiolileg 10 ajejs `hiuuog - - _..._. , _. . IN09 molmling 1 ay; uj ';daQ O ' N AFPIDAVIT OF St ala e of Calif'o y-nia; CU;_inty of Oranl-e, ) Ordinance No. 135. ags...... L { .1 a13ed v g$ 11iuui &q dvpuuq pue AITU(I u I 1,69d's gt - - - 'Ipm dq PUBLI Ca a z .fI..LOS S' r I V4WKIDj� Ho [y ��rrnnTT ����TT TT s Sl�LlJINT4(10 aNV �7 ►111. Hon.ry Kuchel, of said ccninty of Orange, State of California, being duly sworn, deposes and says,:-- That at all the times herein Iiientioned, he was a citizen of t o United 'A at,'s oV,3r t.v7o, at -r; of twenty one years; That he is the printer wnd proprietor of t vi o Anaheim G-azette, a newsp aper, printed, publi shod and circulated wec>,kly i:, the City of AnaEieim, County of ()r=�nF ., State of' Califor- nia; That tie ordin.ince of w!rich the annexed is a p rint Qd copy, tiaras public-iie i once in said newspaper, to -sprit on the ZJr7 of I90I). ta.�scriE:� d e-- "nd sworn to bef'or:ine the 2rday of April I901. �—rotary Public in an for �Oranr e County Cilifor�ria. Ordinance No. 135. An ordinance granting to D. H. Thomas and his assigns the right to construct, oper- ate, and maintain a street railway, to be operated by either electricity or super- heated stored water, and to construct and maintain the necessary turnouts, and AFP I DA I T OF P JBL I CAT I 011. switches, along Los Angeles street, in the St::a.t of Calif( Ynia; ;Ss. Collnt V of Oran[. -e; City of Anaheim, commencing at the inter- _ section.of Los Angeles street and Broad street and` extending thence northerly Lt along Los Angeles street to the north line of the corporate limits of the City of Anaheim. The Board of Trustees of the City of Ana- te helm, do ordain as follows: SECTION 1. The right of way and privi- lege is hereby granted to D. H. Thomas and A his assigns to construct, maintain and oper- ate a single or double track street railway, and operate cars thereon by means of electricity or super -heated stored water, y for the purpose of carrying passengers, freight, United States mails, baggage and "1 ,'nry uC _�i l'l (1t said county of Or an Sla, express, in the City of Anaheim. County of •v Orange, State of California, along Los An- geles street as follows; I Commencing at the intersection of Los sworn, deposes u S -- { Angeles street and Broad street, which last being duly � y end says, That at 1 named street is the south boundary of the corporate limits of the City of Anaheim, and extending thence northerly along Los An - E ''geles street to the-izLQr'?_ 'i of the corpor- iri nt i o n ed, e was a citizen o f the TJYI i t i?:� A at Vii- ate limits of the City ot'Anaeim. There is hereby granted to said grantee and assigns, the right to construct upon said street, in addition to the main ' line, all switches, turnouts and attach- tl,nt Oneyears; That he is the printer µyid ) Nr ments, poles, and wires and all other appli- ances, that may be necessary for the pur- pose of operating said road for the proper r r' a a FJ, `"h - accommodation of the public, and to enable i i ra it to be as efficient as the best street rail- Anaheim Gazette, newspaper, prim f, plx, way. Itisfurther understood, that said grantee I shall have the right to use steam in the 1 night time, between eleven o'clock P. M, and 'Y ES E k l y in, t h�a- G i t y of Ana it' im, County of (lira rl1 f) five o'clock and thirty minutesA. nl., for the operation of a construction or trouble car only. It is further provided that not more than one car on any train shall be used for s, carrying packages, freight and baggage ni a; Tl -,at tile o rd irl enc Fe 0.1. which the afro exec is Provided further, that the cars upon said � road shall not be allowed to stand upon the t street intersections, or on the main streets in such manner as to obstruct the use of said was publl:nilel once in. Said newspaper, to—wit on, streets blya2vehicles. wires or electric con- ini Sua:,cr4L10e :ncl t ductors shall be strung upon poles or other fixtures above ground, in a workmanlike and proper manner; said poles shall be round, straight and painted 'a uniform color; they shall be embedded firmly in the earth, on the edge of the sidewalks in said �.- city, in a good and substantial manner and i kept and maintained in an erect and upright j position. file Board of Trustees of the City of Ana- helm,s Ana - helm, shall have the right to cause said grantee or his assigns to move the location --of any -pol®or_poles,3achnneV.£.><..said Board of Trustees shall determine t.haE = 13rMlic shallsworn to faf0r � me thevenience same elsewhereethe expenseuire thecofiosuch 1 the _ _ fay of April 1901. Notary Pubiic in and for Oranme County California. removal to be paid by the said grantee or i his assigns. All poles, wires and conductors, or any . change in the location or extension thereof, shall be under the direction of the Super- intendent of streets of the City of Anaheim. j All electric transmission wires to be strung on said poles, shall be strung there- on not less than twenty feet above the it street surface. Said poles, wires and conductors, shall be j placed and maintained so as not to interfere with travel on said highway, or to obstruct i f the free egress or ingress to any residence or building on said Los Angeles street. Said poles, wires and conductors, shall be so erected, maintained and operated as not to interfere with other electric bearing wires or conductors in said City of Ana- heim. SECTION 3. The said grantee or assigns may make all necessary excavations in said s Los Angeles street, for the purpose of con- structing said railway, and erecting and maintaining said poles or other supports for said wires or conductors, or repairing the same, and c wisaid work shall be done in com= pI=th the rules, regulations ,11 O� Q d.rs which may during,hordin- te con- tinuance of this franchise be adopted from time to time by theBoard of Trustees of the City of Anaheim, and the same shall be done to the satisfaction of the City of Anaheim. SECTION 4. Said grantee or assigns, shall construct said track as nearly as possible in " the middle of Said Los Ari �elcs street said tracks must'n11t'17C"Y7fT1TL''Z7I'�,i.R T.,, Tecc�w-Lcce--- between the rails, and must have a space between them sufficient to allow the cars to pass each other freely. Said grantee or assigns shall pave or macadamize the entire length of the said Los Angeles street, used by said railway track, between the rails, and for two feet on each side thereof, and between the tracks if there be more than one, and to keep the same constantly in repair, flush with the street, and with good crossings. In case the City of Anaheim shall here- after pave or macadamize, said Los Angeles street, or cause said Los Angeles to be paved or macadamized.. the Said grantee or assigns shall pave or macadamize the entire length of said Los Angeles --street, so' paved` auces or orders which ma - `l- y during the cone tinuance of this franchlscybe udopted irom time f time by the Boal d of Trustees of the r, city of Anaheim, and the salve shall be done to the satisfaction of the City of Anaheim. S> rTroN 4 said gr intoe or assigns shall construct sold track is netas possible in the middle of I I id Loa An ,eIes tracks must nr- 'I +�t1Tr street betlroeen the rain s, and muat have a space Passbetweensac them sufficient to allow the cars to Pass each other freely. Said grantee or assl�ns shall pave or �. mac id ;Mize the ealtlrc ]ength of the said track, , betjvs sl I set, Used by said railway trach b e th, n the rails, nud for two feet on each side the 1 oui, and lWi-ween the tracks if there be mole than ogle, and to keep the same constantly in repair, flush with the street, and with good crossings. Ie case the (;it,-of Anaheim shall here- after pave or nl1cadainize, said Los Angeles street, or cause said Los Angeles to be paved or macrclamized, the said grantee or assigns shall pave or macadamize the entire .. or lilacadanlize11 Uscil 7>T�saidlstrees r P Paved Cacti sidetthereottandll e, We nc/thes'O flet fYa2�%e�� there be more Lb, 11 one, with th terial used by s aid City to pave ee . a- same ame mMa_ Mize the said 10's, An geles street. All of said re.uairs and crossings. shall be made to the satisfaction of the Board of lI`rustees of the City of Anaheim• a case istrugran tee or r. i '11s tail to comply with nitre turns g v(11 tlY the said Board with Crustees Yor said re, , cif ervil -- tnah rant 7ork temi. aid I ranc Re pr f Bali sme'f i th of s ra [nja I sovid Ines, Phe ght t� #lwx '"cone der t S pit Vers do fo ECTI 111 b chic istee he sa ae i Mori rfor Ig th. warn polis lid c n in ons` :,ges I Me h hase $2,Oc [able [P. M 01, an Mch pupi a te: lchoc TION shall ;king amp] after Ise E d or etion C to sha] l por se al t unc !tion I suc ices is mz )rtio ter i if Tr In emo) thirt he c pd kc ereoi ptam tedia or ae iz t;, tv o] or til 1 ra. Dr as nape toss oper Ove Of be e tot; iYste 'ithir ahei ;tie s3 and W-- franch.sc. The above mentions d dross annual I ceipts shallIle estimated. tc be such propos- tion of the total gross rrceipts of said street railway system. which m the ilage of said system within the corporate limits of the Cityof Anaheim . bears to the total milage milagewhole system owned by said grantee orassigus, and said estimate shall he con- clusive ae to the-a.luomit o r such gross an- nual receipts. After five years from the date of this franchise said grantee or assigns shall deliver to the Board of Trustees of the (;sty of Anaheim, an itemized animal statement of the gross recoipts of said street railway s imu for the preceeding year, upon the reee;pt of such itemized state- - menttheC)ity of Anaheim may appoiutan ex- pert aceonnta11t to verify said statement, and said expert shall have access to all books of t account of said site(,railway system for the purpose of verifving said stateanent. SECTION 9. 'file said grantee or assigns by the acceptance of this franehiseagrees to its demnify and save harmless the City of Anaheim and all of its officers from all loss ond damage and protect them against: alt liability that may occur by reason of the erection. maintainanee, and operation of said street railway and its appliances SECTION 10. That upon the coin pletion of said street railway, under this franchise, said grantee or assigns shall cause suitable cars to be run and operated over said railway every day . unless prevented by the elements, that said cars n sball be run and operated upoand over said line at intervals of not more than two hours each way, between the hours of 0 o'clock A. M. and 10 o'clock r, 31. SECTION It That the rights and. privileges hereby granted ere to continue for the period of fifty years from and after the date of the passage of this ordinance. SECTION 12. This franchise is granted on the express condition that said grantee or assigns or agents shall faithfullv comply with each and every condition and provision contained herein. Should said grantee or assigns fail, refuse or neglect to comply with any condition or pro - at vision ail thenied in rights[ andis lnprivilege'sthen gra atedlito said grantee or assigns shall be forfeited and this grant shall be null and void. SECTION 13. That within thirty days after the passage of the ordinance said grantee or assigns shall file with the City Clerk a written accept- ance of this ordinance and all of its terms, Con- ditions, provisions and rcgnircments. SECTION 14. The City Clerk shall certify to the passage of this orduianee and cause the same to be published once in the ANAHEIM GAZETTE, a weekly newspaper, published and printed and circulated in the City of Anaheim. SECTION Is This ordinance shall take effect and be in force frOle and after its passage, pub- lication and the filing by said grantee of an un- conditioned acceptance thereof in the office of the Clerk of the City of AJuSEPH HELl11SEN, President of the Board of Trustees of the City of Auaheian. I hereby certify that the foregoing ordinance wasintrhe Board of msteesooft ced [ the City t a meeting Atn licim,Of theld on the —9:n day of April 7901, that it was duly passed ali-d adopted at, a regular meeting Of the Board of Trustees of the City of Anaheim, held on the 23d day of April 1901, by the following vote: Ayes, trustees llelmsen, Diekel, Schwenekert, Sehneider. That the president of the Board of Trustees of the City of Anaheim, signed the same on the 23d day of April 1901•EDWARD B. 141ERRITT, Clerk of the City of Aualleim. OP! )I1`1AP1CL NUMBER 135. An Or finance grantinE to D.K. Thoinas and his assigns th 3 right to construct, operate and maintain a street railway to be operate" by either electricity or :.super -heated stored water, and to con- struct and maintain the necessary turnouts, and switches, along Los Angel s street in thr City of Anavieim, . Cor.unencing at the in- tersoction of Los Angeles street and Eroa" street and extending thence northerly along Los Anj,eles street tc tho north line of the corporate limits of the City of Ana^eim. ----- 0----- Thf.,,, gourd of Trustees of the City of Anaheim, do or,iRin as follows:-- Section.I--The right of way and privilQge is hereby granted to D.H.Thomas and his assizns to construct, maintain and operate a single; or double tradt street railway, and operate cars thereon, by means of electricity or sumer-heated XJKISNaxRkCKXRtxxkmmx store" water, for the purpose of carrying passengers, freight, TTnitea States iiails, baj age and express, in the City of Anaheim, Cc,_znty of Orange,--_StKte of California, along Los An; -,,,les street as follows Coiilalencing at the intersection of L()s AnFel es Street and inroad street which last narif d strf:et is the sonth bol.zndary of the cor- porate limits of the City of Anaheim, anti extending th�>nce north- erly alonf kxu Los Ange es street to tho north line of the corpor- ate litlits of the City of Ana-,eim; ',Chert; is hereby F ranted to said .44antee and assigns, the right to construct _ipon said street, in addition to the main line, all switches turnouts and atta.chiments, poles, and wires e.nd all other appliances, tY,.at i!iay be necessary f'or tI-)e plz.r-pose of operating said road, for the proper accotmix cation of the public, and to on- abl:,, it to be as ef'f'icient -s the 'oast street railway; It is f?irther Lznderstood, that said Grantee shall have the right to use ste,zii in trie nif,ht, time, between eleven o' clock P..1. and five o' clock a.nci thirty minutes A.P,:. for, t}ie operation of a construction^car only; 'It is further provided that not more t ian one car on any train shall be used for carrying packages, freight and baEUage; Provided further that the cars upon said road shall riot be allowed to nt,­_nd upon the street intersections, or on the main streets in such manner as to obst moct the use of said streets by veliitl.os; Section.: --All wires or elactrie conductors shall be stranF, upon poles or other fixtures above f -round, in a worktiianlike and prope,r runner; said poles :;Miall be round straight and painted a uniforri color; they shall be erlibedded fin,.ily in t,ie earth, on tna edge of the :sidewalks in said city, in a good and substantial planner and kept and maintained in an erect and upright position; The Bo-a.rd of Trustees of the City of An:.-ihieim, s1hall have the right to cause said f;rantee or his assigns to :Hove the location of any pole or poles, whenever said 13oard of Trustees sriall deterr,,ine that t4ie aublic cony-3nience s1nall require, the location of the sail,,) ,;;lsewhere, i -h- expense of such removal to -be paid by the said r_;rantee or his assigns; All poles, wires and conductors, or any change in the loca- tion or extension thereof, shall be under the direction of the Sip rintcndent of streets of the City of Anaheim; All electric transidssion wires to be strung on said poles, shall be strunf, thereon not less than twerity foot above tie street surf ac e; Said poles wires and co<<ductors, shall 1i11t71ac d and i �aint-in- Od so as not to interfere with urravel on said 1ii.rhway, or to ob- struct the free egress or irtL;ress to any residence or iiiil:ling on s-�:i 1Jti :i ArCF. ies street; p i [..:b'ors`:l-: ll h �e so erected, ma �ca.iCt O1 ��5, t 1 res and i;(i'�d <� t� , , in- G wined an,d oper-,tod as not to iriterfere v;ith ot'ier elr;ctrlc bear - in; wires or conductors in said city of Anaheim; Section.3--Thc said grantee or assigns may make all necessary excavations in said Los Angeles street, for the purpose of con- :struc;tinE surd r:.iiway, and erectinf and r laint.:a.ining said poles or other supports for said wires or conch.ictors, or repairing the swrne„and said work shall be dome in compliance with the rules roE zlat ions, ordinances or orders l�rh_ ch m:.,y during the continuance of this franchise be adopted frori tirne to timo by the >oard of Trustees of the City of Anaheim, and the sn-me shall be acne to the satisfaction of the City of Anaheim; Section. 4 --Said 6ra.ntee or assigns, all construct said track as nearly as possible in the fiddle of said Los Anf eles x:kx street, s -aid tracks i-li t not 7e nore than five foot ' id,,,' ---twee-n the rails, and must have a space between them sufficient to allow th„ cars to pass ikxmRky each other freely; Said L�;ra.nteee or assigns small pave or macadarnize .the entire l(:n th of the said Los Ani ele: s;,reet used b.T said rail"ray track, between t'he rails land fu r- two feet on each side t l reof, and betiveen tyle tr=acks if tller'e be More than one, and to keepthe same constant- ly in repair, flush with the street, and with good crossings; In case the City of Anaheim, shall hereafter pave or mxxa5lami s macadamize said hos Angeles street or cause said hos Ane;elres street to be pave=s or riacadamizeu, the :>aid grantee or assigns shall pavo cr mauadarnize tr7e entire, l,, n[;th of said. Los Anfinelfes street, so r. ave'd or 1,,-,acadairii.zed used by said street railway track,between the rails, and for two feet on each si <<, t"hereof, and lbetweer the tracks if' tYierc; be it:C)r'., than one, +^lith ttie :w—ne t!luterial used by a , a,,iz<, tl;e paid Los Ar�.�-�l.ys tree ; All of s .id repairs and crossi'ar's S'i"L<il `')e rade os - faction of th:; >r �r i of `;'mist e.:'S of he City Of Jin z ir;irn, ; In ca:in said t;;rantee or asSi€ns fail to co:ply Jit'rl irlstructiol�s riven by t.l"e said 13oard of Trustee -s for said --„;palY'S for teen days after service of written notice thereof, the City of Anaheim rnay enter ; =11 'c;tissaY y )"Jo_. u)c�Y' t��r road O� salu mate,, or a�.-t ?o k ; in r:iakin s:_�i i a:_Ld keep a^ it rrizL�d a.ccoilnt of th'3 costs tl�r�c)f', aJ_iich ii l ;rtintee by thF.ecei-tazce of tlti:� f'rar?c Ase ts;r`�es to pay li7L'_lw'=ti atF�1 ,I,,,c17 t. 1i E' prOS ntatlon to z'rrintFee or c. assi€Tns of said accoirnt; F�eCtlCyn. --Tele 3 aritE'(3 b reis: is htire;)y authorized an em 0W Bred to build and lay is railway track over .any water ditch, zanja F.r left or l t .vr Jat ,. CC)ri:illit 11011 BXl:�?;iYl ', ;>rC}v_LAin€ t 78 S 3i:le are r with their usefulness 1mir40ar d; itl City- of An«r eim, rrereby r-es!�rves t} -i9 right to construct across, underneath su.c'rl railvra.y tvack or tracks, or switches, as T.i:l.``l. y be cC) =�i .-stY� C t e.� C) n r said Los An _-les streei., under the provisions of this franchise, :any i�as pipes, wires, water` ditC"es, pipes or xxxaXseevers as i.1ay be necessary for the city so to do for the use of tli= irlha'bltants thereof; Section.6--All t•zzrnouts and switches shall be constructed under plans and specifications approved by the Joard of Trustees of the City of Anaheim; The said {rante;e si,all have the ri€',ht to c+;acre five cents farce for one pa.ssen€ er and no more for a continuolzs single trip one -ray for any distance in tll,e same direct.ion. along the lines Mer in d_,scrib ed, o" any Of its �Dranct:es within he city li:,aits; andtY'it:t t!i� 1)OlicO f0y'ce, fi s '"jmen %and -,-tiai1 c:.'rr'i,, c f' s'�i_I C1ty shall be carried free of c,h<IrUa Wi,:�n in acttial discharge of _,aty; aril all p�->rsons wilo rF:f-i.zlarly attr-nd the set ools or collet -;es of said city, shall bye reglaired to xray but one half fare, provided sa.i1 pupil shall purchase their tickets in quantities of at least N.GQ,wofth at a time, siich tickets to be available only between the hours of 8 A.DAL. and b P.P,i, in actual passage to and from school, and said Urantee o�, assigns shall sell such tickets when .requestod to do so by .a pupil, who shall present a certificate from a teacher that he o she is a pi.ipil in said school; Section. 7—Work u7;on sai:i street railwa , shall be begun within six montlis after the taking effect of this ordinance, and shall be completed within eil riteen months thereafter; In case that :any ; ortion of said railway is unused or unoper- ated for six rilonths after completion, then Viat part of the road shall become forfeited and all rims granted heoein shall det ,;rm ine and cease as to such unused poruion of said Los Anreles street; In case any ?portion of said railway f7hall regain `unopera.te:d for six months after its completion said grantee or assigns shall reriiove such portion of said railway and its appliances from such part of Los Angeles street as r.ay b -i occupied by such tiznoperated portion of' said road, within thirty days after receiving written notice by the Roa.rd of Tr-stees of t:7e City of Anaheim to do so; In case the said grantee or assigns fail to remove such portion of sada railway within thirty days after service of said notice, the City of Anaheim may remove the same, and keep an itemized accom-it of the casts trrereof, which said j-rantee or assigns by acceptance of this franchise aErees to pay iniiiediately upon presentation to said grantee or assigns of said account; Section.3--iso percentage shall be pa.+d to the City of Anaheim by said grantee or assigns for the first five years after the date of tris franchise, but thereafter said grantee or assigns 12.yx t'h Of the, Cross annual receipts arising from the use operation or po ssession of said franchise;, 0 The above mentioned gross annual receipts shall be estimated to be_ such proportion of the total gross receipts of said street 'Ys t r.ieM,, wj :rgt e iii1age-of said a, g#y system which ,the r is of the City of Anaheim, bears to the total IdIage of the whole system owned by said grantee or asss, S, s, and said estimate shall bo conciusive as to the amount of such gross annual ;receipts; After five years from the daue of this franchise said grantee or assigns shall deiiver to the Board of Trustees of the City Of Anaheim, an itemized annual statement of the gross receipts of said street railway system for,the preceding year; upon the ra- ceipt of such itemized statement the City of Anaheim may appoint an expert accountant to verify said statement, and said expert shall Jaave- Acce system for the purpose of verifying said statement; Section.9—The said grantee or assigns by Che acceptance of this franchise, agrees` to indemnify and save harmless the City Of Anaheim and all of its officers from all loss and damage, and protect -them, * against all liability that rjay occur by, reason of the erection maintainanc n -I operation of said street railway and its appliances; "U" railer ay, * -�e , said, 9�t.reet,, Section. I0 --That i1pon. the completion under this franchise, said grantee or assigns shall caAAse suitable cars -40. b "un and operated over said railway every day unless prevented by the eieri'ents, that said cars shall be run and operated j.pon and over said line at intervals of not kRzz more than two hours each way, between the hours of 6 o'clock A.M. and 10 o'clock P. 16. Section.II--That the rights and privileges hereby granted are to continue for the period of fifty years from and after the -'d4te „J z of the passage of this ordinance; Section.I2--This franchise is granted on the express con- dition that said grantee or assigns or agents shall falLh faith- fully comply with each and every condition and provision contained should said [.-rAfttee or assigns fail, refuge" or neglect herein;' to conVly with. any condition or provision contained in this ordi- nance then in that event all the rights and privileges granted to said grantee or assigns shall be forfeited and this grant shall be null and void; Section.I3--That vgth,':Ln thirty days after the passage of this ordinance said ;;rantee or assigns shall file with the City �,Ierk a written acceptance of this ordinance and all of its terms conditi", 6:0s, provisions and requirements; 36ction.I4-AVhe City Clerk shall certify to the; passage of this ordinance and cause the same to be published once in the Anaheiri-i Ga/,ette, a weekly newspaper, published and printed and circulated in the city of Anaheim. Section J5 --This ordinance shall take effect and be in force from and after its passage, publication and the filing by Said grantee of an unconditioned acceptance thereof in the office of the Clerk of the City of Anaheim. Psilent d e t o f the Board of Trustees )6� of the City of Anaheim.