Ordinance No. 382
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QqDI~ANC3 NO. 382
AN ORDINANCE GRAiITliJG 'I'O 3. I,;. ~ilSKn;S .<Urn :ns ASSIGNS
Td':; ~IGnT '':''0 GO~jST]UCT, 1-~AIHTAE~ f.UD OPERA~:~ Ii. RAIlROAD AC~OSS
l'3UITLAND AVENUE IN THg CITY OF \r~RnON.
The Board:Jf Trustees of the Oi t:J' of Vernon do ordain
as i'ollm:is:
Seotion 1.
Th8.t the r:i_.?ht, privilef:':e and frt:mchise
be e.nd it is hereby f'rauted to S. :... :-:Ic.skins and 1118 sssigns to
construct, maintain end operate 8 si11f:le or double trf:.ck rail-
I'oad across Fruitl1':J1Cl Avenue. in said City of Vernon, at a. point
the center line of whioh i2. descrj'oed as follO'.'.'s:
Beginning at a pairi in the north line of
Fruitland Avenue 254 feet more or less west of
the west line of Downe,' Road, e 40 foot street,
thellce southerly parallel with the Westerly
line of Downey Road to the south line of said
Fruitland Avenue.
Seot ion 2.
Th~t the terms and conditions u-pon which
said rights are granted are as follows:
1. That the railroad constructed and operated under
this right, privilege and frE"neh:lse shall be uBed for the trans-
porte.tion of ~)assengers, Unitec~ States mail, beggA€"e and frehht.
2. That the road constructed under the right, privi-
lege and franchise hereb;y granted shall be used only as a part
..
or extension of s belt line r8.:.1:r-08,d to serve industries acces-
sible to such belt line railroad, and that if at any time any
part of saia. belt line rDilrQ8,d shall fail or refuse to serve
any sue h industry. whether 10 cpted vti thin or wit hou t said oi ty
of Vdrnon, or shall f[:il or refuse to charF!'e the same or uniform
rates for service to all industries served by it. whether 10C,:Lted
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within or without said City, then the right, privilege and fran-
ohiae hereby granted shall thereupon become forfeited and be null
and void and of no further effeot.
3. That the track to be laid upon and along said por-
tion of Fruitland Avenue shall ~5 plaoed in the oanter thereo~.
4. That the said gran~ee or hie assigns, shall use good
material in the construction of said road, and the said road shall
be built in a good and workmanlike manner, and too said grantee
or his Resigns shell, at his or their expense. pave or otherwise
improve the said road between the tracks and for two feet on eaoh
side thereof with the same material used by the City and under
the same specificetions and in the same manner as upon the streets
over and acres s which said road rW18, and shall keep the same
constantly paved, or otherwise improved. and in repair, and as
neAl' a.B possible on the grade with the streets, ani provided with
suitable crossings; all repair.. paving or other improvement on
said street or streets to be made under the direction of and to
thi satisfaction of the Board of Trustees, or the Street Super-
intendent of the City of Vernon, at the expense of the grantee
of thiB franohiee, or hiB assignB. In case the Baid grante., or
hie asaigns, shall fail to oomply with the instructions given by
said street Superintendent or Board of Trustees in regard to suoh
street work, then said Street Superintendent shall enter upon
Buoh BtrBet or BtreetB and do the work as ordered by the Board of
Trustees, and said Street Superintendent shall keep an itemized
account o~ said work, .hioh the grantee hereof, or his assign.,
by the aoceptance of thiB franohise, hereby agree to pa.y immed-
iately upon the presentation of' 'such aooount to said grantee, or
hiB aBsigns. HiB or their failure to do so shall be suffieient
cause for forfeiture of said right or privilege hereby granted,
in case said roadbed or tracks ~re not kept in repair, as here-
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inbefore provided;
Provided, further, thst if at any time streets are opened
or established across said railroad, the grantee hereof, or his
assigns, shall "pave or otherwise improve that portion of the street
at suoh oroasing or crOSBingB lying between the raUs and for two
feet outside thereoI in such manner as sha11 be presoribed by the
Board of Trustees of said City, and so as to make a good croBsing
for teams and vehicles, and said, ["rantas, or his assigns, shall
maintain such street and crossinR' in e"ood order and condition, and
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failiI'lf so to construct or maintain such croBsinr, the' Board of
Trustees of said City of Vernon may construct and maintain the
same, the cost of which construction and maintenance the ~rantee
hereof, or his assigns, by the acceptanoe of this franohise, agt"ees
to }?a.y.
Provided. further, that said grantee. or his assigns.
shall construct all necessary flumes and culverts for the free
passage or water under the trac,,cs where the same naturally flo'1is,
and that such flumes and. culverts shall oe constructed in ao-
cordanae with plans and specifications provided by the Board of
Trustees.
Provided, further, that said grantee, or his assigns,
shall have the ri~ht to excavate and remove portions of said
streets necessary to properly construct sa.id roan, sno. to erect
needful apparatus, side-trl'l.cks, turn-outs, switches, spur tracr:s
and other E~pliances neoessary ~o properly equip and operate
said rRilroad.
PrOVided, further. that the Ci ty of Vernon, in grant-
ing" said right, privilege and frAnchise, expressly reserves the
right to pave, macadamize, renew, or sewer, any of said streets,
or to lay water, gas or other pipe therein. or to erect tele-
phone or telegraph aud other wlres oYer and across said road,
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saia. work to be done so as to tnjure said road as little as
possible.
Seotion ;;).
The City Clerk shall certif~l to the pE1S-
sage o:f this ordinance by a two-thirds (2/ 3) vat e 0 f all the
members of th e Bonrd of TrusteE,S of the City of Vernon. !IDd
shall cause the same to be prirted and posted in at least three
public places in said City of Vernon, ani thereupon and there-
after it shall take effect and '~IE~ in force.
I hereb;:.' ctlrtify that the whole number of the Board
of Trustees of the City of Vern'::lIl is five; that on the .3:rti
day of tfR.,y
, 1~26. at a regulnr meeting of said BoaId, a
quorum being present. t the foregc,ing: ordinance was introduced
and read, And that at a subsequl2nt regular meetinp: of said
Board I to-wit: on the J:.1.1!1 day c f
Ma.y _t lS26, said ordin-
811ee was jJ8sced Ur"1ci atiopted by;, tv.'o-third.s vote of all the
members of said Board 01 Trustees, to-wit: by the following
vote:
A,yes: Levy t :Durbin I Leonie and Furl emg
Hoes: None
Ab sent: ,<niff in
~
--cr t y
Cll3rt: 0
of the City
...:.IX-O fieio
Board of Trustees
of Vernon.
Approved this ..J.f!!- 6.ay of Ma.vr _.' 1926.
/ /7 Cfl
'I.- f~
e dent of the 30frd
Ith~ City of V8rno~a
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