Ordinance No. 368
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ORDINANCE NO.
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AM aRDIifAlfOB Q1UlfTIlIG TO S. ll. HASKIN8 ADD RI8 ASSIGNS
THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD ACROSS
MAGNOLIA AVENUE, BOYLE AVENUE AIID CYFHESS STHEET IN THE CITY OF
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The Board of Trustess of the City of Vernon do ordain
as follows:
Seotion 1. That the right, privilsgs and franchise be
and it is hereby grantsd to S. M. Haskins and his assigns to
construot, maintain and operate a single track railroad over
and aOrOsS public strsets in ths City of Vsrnon at ths follow-
ing described points:
1. Beginning at a point in the westerly line of
Boyle Avsnus, said point being a distanoe of 310.00
feet more or less, northerly from the north line of
Fruitland Road, thenos sastsrly and parallel with
Fruitland Road to a point in the eastsrly line of Boyle
Avenue.
2. Beginning at a point in the wsstsrly line of
Boyle Avenue, said point being southsrly a distance
of 470.00 feet more or less from the southerly line of
Cypress Strset, thence eastsrly and parallel with
Cyprsss Strset to a point in the sasterly line of
Boyle Avenue.
3. Beginning at a point in the wsstsrly line of
Boyle Avsnue, said point bsing southerly a d1 st anoe
of 170.00 fset more or less from ths southerly line
of Cypress Street, thence sasterly and parallsl with
Cypress Street to a point in the eastsrly line of
Boyle Avenue.
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4. Bsginning at a point in the westerly lins of
Boyle Avenue, aaid point being northerly a distance of
170.00 feet more or leBS from the northerly line of
Cypress Street, thencs easterly and prallel with
Cypress Street to a point in the westerly line of
Boyle Avenue.
6. Beginning at a point in ths westerly line of
Boyle Avenue, said point being northerly a distanoe
of 470.00 ~eet more or les8 from the northerly line
of Cypress streett thence easterly ~~ parallel with
Cypress Street to a point in the westerly line of
Boyle Avenue.
6. Beginning at a point in the westsrly line of
Magnolia Avenue, said point being a aistance of 310.00
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feet more or less, northerly from the north 11ne Q~
Fruitland Road, thence easterLY and para11e~ with
Fruitland Road to a point in the eaeterly line of
Magnolia Avenue.
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7. Beginning at a point in the wssterly line
of Magnolia Avenue. said point being southerly a dls-
tanoe of 470.00 fest more or less from the southerly
line of Cypress Street, thence easterly and parallel
with Cypress Street to a point in the eaetsrly line
of Magnolia Avenue.
8. Beginning at a point in the westerly line
of Magnolia Avenue, said point being southerly a dis-
tan.e of 170.00 feet mOre or less from the eoutherly
line of Cypress Street, thence easterly and parallel
with Cypress Street to a point in the easterly line
of Magnolia Avenue.
9. Bsginning at a point in the westerly line
of Magnolia Avsnue, said point bsing northerly a dis-
tance of 170.00 fset more or less from the northerly
line of Cypress Street, thence easterly and parallel
with Cypress Street to a point in the westerly line
of Magnolia Avsnus.
10. Beginning at a point in the wsster ly line
of Magnolia AvenUe, said point being northerly a dis-
tance of 470.00 feet more or leas fram the northerlY
line of Cypress Street. thence easterly and parallel
with Cypress Street to a point in the westerly line
of Magnolia Avenue.
II. Beginning at a point in the southsrly lins
of Cypress Street, said point osing a diatenoe of
254.00 feet mors or less, westsrly from the wsst
line of Downsy Road, thence northerly and parallsl
with Downsy Road to a point in the northerly line of
Cyprsss Street.
Seotion 2.
That the terms and conditions upon which
said rights are grantsd are as follows:
1. That the railroad oonstructed and operated under
this right, privilege and franohise shall be used for the trans-
portation of passengers, United States mail, baggage and freight.
2. That the road constructed under the ri~ht, privi-
Isge and franehiss hsreby granted shall be used only as e part or
extension of a belt line railroad to serve industries accessible
to suoh belt line railroad, and that if at any time any part of
said belt line railroad shall fail or refuse to servs any such
industry, whether located v!ithin or without said City of Vernon,
or shall fail or refuse to charge the seme or uniform rates for
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service to all 1ndustrle~ 8~rved by it, whether located within
or without said City, then the right, privilege and ~ranoh~Be
hersby granted shall thereupon beoome forfeited aDl be null snd
void and of no further effect.
3. That the traoks shall be 80 laid over and acrOBS
aaid streets that the oenter lines thereof' conform respeotively
to the locations hereinabove described.
4. That said grs.ntee or his assigns, shall use good
material in the oonstruotion of said road, and the aaid road shall
be built in a good and workmanlike manner, and the said grantee
or his assigns shall, at his or their expenee, pave or otherwise
improve the said road between the traoks and for two feet on each
side thereof with ths same material used by the City and under
the same specifications and in the same manner ss upon the streets
over and aoross which said road runs, and shall keep the same con-
stantly paved. or otherwise imvroved, and in repair. and as near
as possible on the grade with the streets, and provided with
suitable orossings; all repairs, paving or other improvement on
eaid street or strssts to be made under the direotion of and to
the satisfaction o~ the Board of Trustees, or the Street Super-
intendsnt of ths City of Vernon, at the expense of the grantse
of this franchise, or hie assigns_, In csse the said grantee, or
his assigns, shall feil to comply with the instructions given by
said Street Superintendent or Board of Trustses in regard to suoh
street work, then said Street Superintendent shall enter upon
suoh street or streets and do the work as ordered by the Board
of Trustees, and said Street Superintendent shall keep an itemized
account of said work, which the grantee hereof, Or his assigns,
by the aooeptnnee of this franohiee, hereby agree to pay immed-
iately upon the presentation of such account to said grantee, or
his assigns. His or thsir failnrs to do so shall be sufficient
oauss for forfsiturs of said right or privilege hereby granted,
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in case said roadbed or traoks are not kept in repair, aa here-
inbefore provided;
Provioed, further, that if at any time atreets are open-
ed or established acrose said railroad, the grantee hereof, or
his assigns, shall pave or otherwiee improve that portion of ths
street at suoh orossing or crossings lying betwesn the raile and
for two feet outside thereof in such mannsr as shall bs presorib-
ed by the Board of Trustees of said City, and so ae to make a
good crossing for teams and vehicles, and said grantee. or hie
assigns. shall maintain suoh street and crOSBing in good order
and oondition, and failing so to construot or maintain such crOBS-
ing, the Board of Trustees of said City of Vernon may oonstruot
and maintain the 8arne, the cost of whioh construotion and main-
tenance the grantee hereof, or hie assigne, by the aooeptance of
this franchise, agrees to pay,
Provided, further, that said grantee, or his assigns.
shall construct all necessary flumes and oulverts for the free
passage of water under the tracks where the same naturally flows,
and that such flUIDse and culvsrte ahall be construoted in aeoord-
anoe with plans and specifioations provided by the Board of
Trustees.
Provided, further, that the Oity of Vernon, in grant-
ing said right, privilege and franchise, expresely reserves the
right to pave, macadamize, renew, or sewer, any of said streets,
or to lay water, gas or other pipe therein, or to ereat tele-
phone or telegraph and other wires over and across said road,
said work to be done so as to injure said road as little as pos-
Sible.
Seotion 3. Ths City Clsrk shall oertify to the pas-
eage of this ordinanos by a two-thirds (2/3) vots of all the
members of the Boa.rd of Trustees of the 01 ty of Vernon I and shall
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cause the same to be printed and posted in at least three pub~1o
pl""es in said City of Vernon, and thereupon and thereafter it
shall take effect and be in forcs.
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I HEREBY CERTIFY that the whole number of the BOard of
!ruetses of the Oity of Vernon ie five; that on the
'l'lti' day
of Auguet, 1925, at a rsgular mseting of eaid Board, a quorum
being present, the foregoing ordinance Was introduced and read,
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and that at a subsequent regularjmesting of said Board, to-wit:
on the ._!~-L day of September, 1925, said ordinance was passed
and adopte4 by a two-thirds vote Of all the membsrs of said
Board of Truetess, to-wit: by the following vote:
Ayss:
J1.. P. ~ - ifg, ~ - cP. 'f-.P""--1
If,g. ;f~ .
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Noes:
Abeent: (J- >>',
Apprcvsd this let day of September, 1925.
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