Ordinance No. 242
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JA'A..(LU.<J~ "\I tf rv'
,
.
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ord ain
do
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Vl'
OF
1RUSTEES of the CITY
30!.:R.D OF
THE
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)) as
I'i
follows
I
hereby
is
and franchise
ari vllsf,'9
The ril?'ht
1.
Section
.
and for
construct
and
lay
to
lUG
co.
on
nSli BE
.
,l
to
granted
t
lias
a pipe
i)'Odrate
maintain and
to
years
40
s period of forty
of
lines
arate
n
.
se
than two
mare
of not
composed
be
to
system,
route
.
,,_1.8
011 along
therein
of carrying
purpose
thG
for
pipes
the streets of
of
cert;a.in nortions
and. under and along- tho se
of Co.li rornia
state
.AngeIer:
of 10 S
County
Vernon
of
City
the
I
___A
de.scribed as follows
Beginning at a point in the right 0 f way 0 f the
Vernon and Redondo branch of the Atchison, Topeka and
Santa Fe Railway at or near the intersection of tae
North line 0 f llast 29th Stroet and the Easterly line
of the said V"ernon and Redondo Branch of the Atchison,
'ropeka and Santa Fe Railway; thence ~~ortherly along
and on the right of w~~ of the said Atchison Tooe~a
and i3anta Fe Railway Over and acrosB ?~D.st 28th street and
East 27th strest to the intersection 0 f said rip:ht of
way and_ Bast 26th ::;treet; thence "2:ast'Jrly on said !isst
26tIl street within seven (7) feet ot' tria Seutil line of
said Bast 26tn Stre3t to the bridge over and acrasa the
Loa ..-'.ngeles river, at which uoint l,he said lines shall
be carried an the bridr;!:8 across sata river; thence re-
turning again to a point wi th.in seven (7) feet of the
Sont_n line of said 26th Street; thence Esst on said
26th Street, to the intersection of said I"BSt 26th
3treet with Boyle A~enue; thence acrose Boyle Avenue
to a oOin!'; within seven (7) feet of the Easterly side
thereof: thence Southerly on said Boyle Avenue at a
distance of witnin sa7en (7) feet from tha Easterly
line of said B-oyle Avenue to the Easterly continuation
of said Bast 26th ;3treet; thence e,long said 26t'n Street
wi thin seven (?) f€lat frJJJl tile" northerly lin,; tbareof
to the junction of said. East 26th '::;treet with thA ,Jabon-
eria Roadj thence continuing irl tha same directLorl over
and across said .JabnYleria ::load to its l:Jasterly line, g,110
tllenca continnin~:r in the sa1':18 direction on pri VaT,s r if"h't
of way to t!18 Los ..-illgeles, Salt 1a.r..e add San Pedro nail-
rosd right of waYj then.ce beginnin~ on the EasterlY line
of the Los Angeles, Salt Lake and san Pedro Railr,Jad
right of way and within seven (7) :feet fr0IT. the :~au~lHl"-
l~r line of suid ast 26th :)treet :>ontheasterly &lo~~"':' said
East 26th street to the ~asterly city limits of the city
of Varnon~ which East~rly city limite is trre Easterly
line 0 fLat Eighty-fi va (8b) in 'l'ract H'J. 1 0 f t(16 Rancho
J.agnna 118 sl10vm on V:a.r desi~nated Exhibit A. - filed in
case ~o. B 25296 in the Superior Court of the state of
Californi3 in aDd :for the County of Los <\l1?"elcs
.
construct
to
frat1Chi se
ana
-pri vile~~e
the rig-n,t
'\nil.
a
oPdrate
and
maintain
cO
yeaTS
40
forty
of
J:)r a period
a.>1d
ore
con-
in
not
f"rantee nerein
~'1d
Ie s
(;
r
f
o
t~8'
line
use 0'[>
-1-
single
t.ile
of s
for
,
tele9hane line comoQsea
wires t i18:rcon
two
tflan
.
~
. .
nee-tion with the said pipe line SYStf:3ffi as avove describe(l;
subject, howevtu. to the right of the City of Vernon to string
ano_ maintain thereon such wires as i t ma~r dee;n necBssnJ:7 ,9.nd
oonvenient in the installation and o~eration of a fira-alarm
and police-signal system.
SaHl line 0 f poles shall follow
tne S8rLi.d route in sa,id streets unless the City l.\rus;;el::s v1' t'18
Ci t:-: 0 f Vernun shall de sLgnate a di ff(;lrellt route.
Section 2. That the said franchise is 11ereby grantdo
smd shall be held and enjoyed b~' said grante3 upon t h.e terms
and cond! tions hereinafter contained, and said 'sI'anted. or as-
sle;ns, shall file a 'INri tten acceptance of til.8 terms and con-
ditions with the clerk of this Board within thirty days
""
ai,-,er
the PaBS8g:8 of this ordinu.::~ce.
Section 3e ifhat the grante~ of said frn.;;chJPEl. 'Jr its
successors or assigns. shall have tile rigilt t':J cOll~trvct ano
maintain such traps an,0. manllole S as way be: necessar;y to c-.f:f'ord
-proper access to said pir>JS and pioe lines for cleanlrlK: and
I:Iaintaining tho SAme, and sHia tr!10S and ffianllliles shall ~t all
ti:n9S be ::ept flUsh wi th tile surface of the -rlip'.ilWa,V 91ld ~jO 10-
cated as to conform to an;y orders of the Board of Trustees in
regard thereto, and not to interfere veith the nse of the streets
for travele 'The grantee of sa,id franchise. orits successors
or assigns. saall a8.V'e the right, subject to such regule,tions
as are now or rna~l h8rea~~ter be in force, to malee all necassarJ~
excavations in ssid highways for l;he construction and reoair
of said pipa lines, traps and manholes.
Section 4. That the pi9E1S to be laid and rlllintainea
unaer said fra.:~chise shall be of steel, of good work:'1:a)1S~lin,
and of an internal dill:.Jcter of no t: less thun six inc'les ~Or
more than ts_:'1 incnBS.
Section 5. That all pipes shall be laid not less than
two feet underground, and, unless the Board :;If 'i'rnstees Shall
'L
otherwi.se direct, she.ll ba laid along tile sides of ;:;he streets
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end shall be wi thin fifteen feet from the uropert;;l line in all
streets sixty feet in widtli and wiLitin seven feet of t>~e curb
line in all other streets; and wh<3:Te it Lc: n8c0ssar;y :;0 18.;;
said line through the bordaI' of any paver) street. tho .::a::=.o
shall bo restored to its original condition; and in the event
it is nocessf'~ry to cross an:l portion 0.-: s. paved stre3t, the
SEU~le 811a11 be done bJ' a tunnel or tore. so as no:; Co oi sturt!
the foundation of such pavea street. and in the event the sarne
cannot be done. the sai.d crossinp: 8f1u11 be made nnder a 3_980-
lal permit to be granted by the Board of Trustees upon appli-
cation theraf,,)r. g,aid application to be accompani ed \vi th the
drawings, specifications and explanations. showing the neC:8S-
s1 t:V~.Lor the sa"';le, 'l'hat during t n6 layine: or re'Pairiw<: 0 f a.."lY
sv_ch uines, ~my trencJl Or excavation made far slich -pUl'oases
Shall, at night time, from sunset to sunrise, be barricaded
and nrotected, b.~T Innterru-, a.t a. distance of not more U~an forty
(40) feet aoart. along snch trench or excavation.
~)ection 6. Taut ever;r pioe line constrncted or :nain-
tained under the provisions. of t'lie'; frc.nchii:iO shall bo con-
structed and f:lsintaineo in accordance anL: con:C'ormi t;.t wi. th all
of the ordinances, rn133 and regulations nOVl in force nnd that
may hereafter bo:; adopted and -prescribed by the Board of 'l'ruHteas
of the City of Vernon.
Sectio~ That the work of laying, Operating, main-
taining, or repairing ~i~es or other appliances shall be con-
ducted with the least oossjble hinArance to the use of said
streets for the 'Purposes of travel, and. as soon as the laying
or repairing of ar..~;r pipe or compliance is completed, aJ,l por-
tions of the street Wllic~ have been excavated. or ot-nert'iee
injured thereby. shall be placed in as ;-1000 condition as the
same were be:'ore the la:lin9.' of such pio,~s, to the :,:.,atisfac-
tion of the hoe-rd. of trustees of said ctty. Ifl1at any damage
or injury suffered by any person, by reason of any excavation
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being improperly- guarded during said work, and any damages
caused to sald streets or to said bridGe, ei~her in the oon-
etruction. maintenance, operation or repair of said pipe line,
shall be borne by the grantee of said franchise, its suc-
cassars or assigns, The grantor shall not during t~e life of
this franchise be liable to the grantee or succeSSOrs or ns-
signs. under any circumstances. for dama~es that may occur
to said pipe line, or Wly part thereof.
Section 8. That the Cit;r of Vernon reserves the right
to change the grade of an;:,-' street, or portion thereof, over
v"hich said franchise shall be granted, :=i.TIel the grantee of
such franchise, its successors or assigns, shall at once
change the location of all pi-pes and other ap.91iancEl8 laid
under sai d fraJlchise, so as to conform to such change of
grade. That the grantee hereunder, its successors or as-
signs, shall at its or their own expense immediately re-
pair any portion whatsoever of said streets that shall be
damagea or impaired in any wa:y v'ihatsoever by laying, ma.in-
taining, operating or repairing of any pipe line or lines,
or other appliances, laid under this franchise, and suc~
grantee, its 8UCCSBsors or assivns. shall rerlace and re-
-pair the surface or pavinr-: aver and along an;y -pipe I)_TIe or
lines where and whenever said surface or oavin,:r is danmveri
or lrr.paired in anJT v.,ay wilatsoever b;{ reason of the said lay-
ing, maintaining, operating, 01' re(lairing the saj.d oi"00 line
or linas, and shall maintain in good order the surface or
paving around an;y- sur face appliance or appliance.s at ta~hed
t'J said pire line or lines \'ihich are laid, or nlaced by reason
of t~ne orivileges granted in this franchise, all to th.f1 f{at-
isfaction of the Board o~ Trustees of said City.
Section 2~
'i1hat if the gruntef! o"r ~;2.id r:"Tt:::."
, .
t: . ; F f ~
i te
BuCCeSBl)rS or assigns, nhall fail to COlllDly 'Iv'ich a~1J" of ~he
instructions of said Board of Trustees '1',/1 th I'e~n"Ject to the 10-
ca.tion of any portion of said s:ystem 0;: OipdS una pire J inef'.,
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or ti:Cfl :COpf~:L}' (\ f &:f]~T dW:lRge to higl!W~,S. wi thin ten a,e.;lS after
the ser-viee ,i" 1,^,yil, ~~(~i_ -rd;(,:t('fi \.'.,.L said ;CTantF.:H31 its succes-
sorB or B.csigns, regarding compliance tha:ce\\l tho then said
Board of ':rrti~"l.;e '0 j.;a~T irr:[:'.ecHa::'el:l do whatever work 1s naC9S-
Bary to carry out saio instructiol.!.l-:<. ~t the (;Ql.t, iU'li): e~~pense
of said grantei.:, its stJccetlsors or assi~ns. wUch (;(1,~t.., 1,:;
the acceptance of 1~11e u:.:id fre.nchi8e. said vrantE'(~1 its 3UC-
ces,:;')r8 0:1.' u:,'__~~'Il2. G.t:,:.t'uc to pa~; uoon oe:'-lc:nd.
Section 10. That the work of constrrwtir:@: nnd laying
seJ.d system of piues and pine linBst shall be COTiu:i€lTlCe,] h,
g'O()C ~;;.JtJ\ ""ltL1r~ ;_(J~: 1 I'~;'(; ;,J'.u' six ["iOYlths from the grantiny
of f,~,t{1 franchise. and shall be continuously grosecuted there-
aft0!' in gO:~l\i faith and without unnecessary or avoidable inter-
mission or delay. Provided that if St~,,:,_' wor~ be not so com-
mr:;"1ccn. IJ"COSt~cuted and cOl'lpleted wi thin eighteen months from
~.
date,
said franchise shall be forfeited.
SectiDn 11.
'rant in consi':0ration of the granting of
this franci1ise th8 grS"lte8 shp..lIlJIJ;l-1' to the city of Vernon
the sum of one HlL1J.dra'-l (;i;;lOO) Dollars cash, and sa.id~r8.:;,ltea.
its Sllccessors or assIgns, shall pay to the cIty of YorDon tIle
sum of One Hundred (;~lOOi Dollars on the first day of thfi
second year of ac~ive operation of any line or lines laid under
the rights recai ved b;y grantee herein, ~~nd One Elmdreli (.:~lOO)
Dollars on the first da~l of each succeeding year thereafter.
during th9 lira of s~in fr~lchise.
Section 12. That said grantee, or its successors or 8.S-
signs shall no t sell, trlll1sfer. assign or lease said .cra.."lchise,
or any part thereof, or any of the ri~hts Or privileges p,'ranted
thereby. except by a duly executed instrillnsnt in writing. filed
in the office of the Buard of 1'ruste:Js of the oity of Vernon,
and nothing in said franchise contained shall bo construed to
grant to saiei ~rant~e, or its successors or assigns an~r righ";
to sell, transfer or assign or lease said franchise Or any of
the rights or privileges thereby granted except in the ty',anner
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I
, 1922..
day 0 f
render all rights in and to the same, and said fra~chisa shall
be deemed and shall remain null, void ~~d of no effect..
Section 14.. This ordinance shall t~[e effect on the
successors or assigns shall thereU00n and. immediately sur-
of said city under said fr~~chise; and said grantee and its
or ita successors or assigns, from furtl1er use of the streets
of, end the said city, by its Board of 1.1rustS:3S, may thereu~on
declare said frarlChlse forfeited, and may exclude said grantee,
thereupon imrrJsdlately I 1 naD facto. ef::ect a forte! ture tilcre-
.
comply with any of the conditions 0 f said franchise shall
Section 13. That any inability,failure or refusal to
afore said..
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