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ORDINANCE NO. 1079 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA, GRANTING <br />TO SOUTHERN PACIFIC RAILROAD COMPANY, A CORP- <br />ORATION, AND SOUTHERN PACIFIC COMPANY, A CORP- <br />ORATION, ITS LESSEE, THEIR SUCCESSORS ANDASSIGNS, <br />THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN AND <br />OPERATE THEIR RAILROAD TRACES UPON AND ACROSS <br />FIRST STREET, SANTA FE AVENUE, CHESTNUT STREET <br />AND MCFADDEN STREET IN THE CITY OF SANTA ANA. <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA AMA DO ORDAIN AS FOLLOWS: <br /> <br />Section 1. That the right, privilege and franchise be and the same is <br /> <br />hereby granted to the Southern Pacific Railroad Company, a corporation, and <br /> <br />Southern Pacific Company, a corporation, its lessee, their successors and assigns, <br /> <br />to construct, reconstruct, maintain and operate for a period of twenty-five years <br /> <br />their standard gauge railroad tracks upon and across First Street, Santa Fe <br /> <br />Avenue, Chestnut Street and McFadden Street in the City of Santa Aha, described as <br /> <br />follows: <br /> <br /> Single track as now construcSedlocated between the north <br /> line of First Street at Station grounds of AT&SF Ry. Co. and <br /> the south City boundary, the same being across First Street, <br /> along Santa Fe Avenue between the south line of First Street <br /> and the North line of Chestnut Street, across Chestnut Street <br /> and McFadden Street. <br /> <br /> Section 2. That the line of their said tracks across the said streets <br />hereinbefore named shall conform in all cases to the established grades of said <br />streets where such grades, before the same shall be laid, have been established; <br />and in all other cases the said tracks shall conform as nearly as practicable to <br />the natural grades of the streets over and across which they may be constructed, <br />and wh~ at any time any portion of said streets shall be graded, paved or other- <br />wise improved, or the grades or improvements thereof changed or altered by authort <br />of said city, the said tracks shall be, by said railroad companies, or their <br />~ssigns, made to conform to such grades so made, changed or altered, if required <br />by the Council of said city. <br /> <br /> Section 3. It is further made a condition hereof that the City of Santa <br />Aha expressly reserves the right to grade, sewer, pave, macadamize, repair, <br />improve or alter said streets or any part thereof, and to use said s~reets for any <br />public purpose, including the right to lay down pipes for water, gas, or other <br />purposes therein. The grantees herein shall use the rights herein granted in a <br />manner to injure or obstruct the street and crossings as little as possible. <br /> <br />The tracks shall be kept constantly in repair by grantees in and along said street~ <br />and at all crossings flush with the streets, and paved or improved between lines <br />two feet outside of the outside rails to conform to the pavement and improvement <br />in the balance of street; and the grantees agree to provide and maintain all storm <br />water drains and culverts under and across their tracks where necessary and when <br />required by the Council of said City. <br /> <br /> Section 4. That the grantees hereof, by the acceptance of this franchis. <br />hereby agree to pay to the City of Santa Aha the expenses necessary for the <br />publication of this ordinance in the manner required by law. <br /> <br /> Section B. That the grantees hereof shall file with the City Clerk a <br />written acceptance of the franchise hereby granted within thirty days after the <br />passage of this ordinance. <br /> <br />Y <br /> <br /> <br />