Loading...
Ordinance No. 534 1 ORDINANCE NO. 534 2 3 AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO THE LOS ANGELES & SALT LAKE RAILROAD COMPANY, A CORPORATION, AND ITS 4 LESSEE, UNION PACIFIC RAILROAD COMPANY, A CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, ~AINTAIN AND 5 OPERATE TWO (2) SPUR TRACKS ACROSS AND UPON BOYLE AVENUE IN THE CITY OF VERNON, AND REPEALING ORDINANCES NO. 529 and 531. 6 7 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: 8 Section 1: That a franchise be and the same is hereby granted to Los Angeles and Salt Lake Railroad Company, a corpora- tion, and its lessee, Union Pacific Railroad Company, a corporation, its successors and assigns, for a term of fifty (50) years, to lay, ..... construct, maintain, use and operate two (2) r~ilroad spur tracks upon and across Boyle Avenue, in the City of Vernon, County of 9 10 11 12 13 14 Los Angeles, State of California, the center line of said two (2) 15 spur tracks to be between the points and in the location described 16 as follows: 17 18 19 20 21 22 23 24 25 "<( "- 26 Cz ~D:: >- <f2- e ~ :i ~ 27 Ul>-ZWo(Ul Ul~~~U z "<II: II: . 28 oUow~ll: w .1-> II: U>I-..lto( ii: o(o~o. 29 ~~>>. lD z ::EI-!:" 0 ouogl- .C) 30 :I: III Z ... g j: wZ !::;) 31 is ~:I: Track No.1: Beginning a't a point on the easterly line of Boyle Avenue 80 feet wide, distant S. 10 35' 30" E. 503.1 feet from the intersection of said easterly line with the southerly line of Fruitland Road 40 feet wide, said point being a point on a curve the center of the circle of which said curve is an arc bearing S. 730 15' 30" W. 287.94 feet; thence northwesterly along said curve 157.93 feet to a point on the westerly line of said Boyle Avenue distant S. 10 35' 30" E. 369.4 feet from the intersection of said westerly line with the southerly line of said Fruitland Road. Track No.2: Beginning at a point in the easterly line of Boyle Avenue 80 feet wide, distant S. 10 35' 30" E. 456.35 feet from the intersection of said easterly line with the southerly line of Fruit+and Road 40 feet wide, said point being a point on a curve, the center of the circle of which said curve is an arc bearing S. 740 41' 15" W. 274.37 feet; thence northwesterly along said curve 160.16 feet to a point on the westerly line of said Boyle Avenue distant S. 10 35' 30" E. 320.4 feet from the interaection of said westerly line with the southerly line of said Fruitland Road. '\ For fUrth$r partiCUlars, and as a part hereof, reference hereby made to the application therefor and the map accomp~nying cD ~ U ! (I, 32 same, dated June 6, 1940, on file in the office of the City -1- 17 18 19 20 21 22 23 24 25 "<( g Z 26 ~D:: >- <f2_ c u -., 27 Ui>-zffi~:;: UlblZO:l:U Z ..< z< :i ougei"'i~ 28 w .1->0 II: ~ ~>~~~~~ ~~>-~~ Z ~ 29 ::E!:!:So~ 000") ~ ~ 30 :I: Ul Z ~ ... g j: .. wZ !::;) 31 ~:I: 32 1 Clerk of Vernon. 2 Section 2: That said spur tracks which may be laid and 3 operated under this franchise shall be used for the transporta- 4 tion of freight only and not as any part of a main line; and 5 shall be used solely for the purpose of receipt and delivery of 6 freight to and from connecting warehouses, manufactories and 7 other business industries and enterprises with the main line of 8 the Grantee, its successors and assigns, in said City of Vernon. 9 Section 3: That the spur tracks which may be laid under 10 the privilege hereby granted shall be constructed of first-class 11 materials, with standard rails weighing not less than ninety (90) 12 pounds per yard; shall correspond to the official grade of the 13 street across or along which it may be placed, as now established 14 by said City of Vernon, the top of rails to be flush with the 15 surrounding surface of the street; and all portions of the 16 street occupied by the said spur tracks, including the areas within two (2) feet outside each rail thereof, shall be paved under the instructions of, and to the satisfaction of, the City Engineer of the City of Vernon. Section 4: The right, privilege and permission hereby granted shall be exercised and enjoyed subject to the following conditions: (a) That no cars or locomotives shall be permitted at any time to stand upon the street occupied by said spur tracks except during the time actually employed in switching; and that said spur tra~ks shall at all times be used so as not to obstruct the use of said street by vehiCles or pedestrians more than is necessary, consistent with the uses for which said spur tracks are to be constructed. (b) That the said Grantee, its successors ~nd as- signs, shall construct and maintain all flumes -2- 1 2 3 4 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "<( 8z 26 ~II: >- <0 C U !!:: 27 - it..l Ul~zw<( Ulzo:l:U "<II:~< . 28 OUOW"'ll: W .1->011: U>I-...It <( ii: <(o~o. 29 ~~>-~lDZ ::E!:!:So 000.,1- ,C) 30 :I: III Z ... g j: wZ !::;) 31 ~:I: 32 and culverts for passage of storm waters under said spur tracks whenever or wherever directed to do by the City Council of the City of Vernon, said construction to be in accordance with plans and specifications therefor approved by the City Engineer. Whenever a public storm water drain will have been constructed in the immediate vicinity of said spur tracks, the Grantee shall, if so directed by the City, remove any or all flumes and culverts theretofore constructed and replace same with stand- ard catch basins connecting with said storm drain, said replaeement to be in accordance with plans and specifications therefor approved by said City En- gineer. (c) That the said Grantee, its successors and as- signs, shall at all times maintain said spur tracks at the level of the official grade and to the full width of said street, as now established or as may hereafter be established by said City of Vernon; and shall repair, pave or repave that portion of the street occupied by said spur tracks, including the area within two (2) feet outside each rail thereof, under the instruction of, and to the satisfaction of, said City Engineer. (d) That the said Grantee, its successors and assigns, shall, at its own cost and expense, rep~ir, maintain, safeguard and support said apur tracks across or along the trench or other excavation in said street, during construction or reconstruction of sub-surface structures of any kind or description, the installa- tion of which is being done under authority of City -3- "<( 8 Z 26 ~D:: >- 0 c j!!: OJ -Ul~ ii:..1 N 27 ..- z w <( Ul Ul~o:l:U ..< z< ouge;"i 28 w.I->OIl: U>I-..lto( ~ <(o~o. 29 O~>~lDZ ""I-!:" 0 O""uog I- ,C) :I: UlZ 30 ... g j: wZ !::;) 31 ~:I: 1 of Vernon. 2 (e) That the said Grantee, its successors and assigns, 3 4 5 6 7 8 9 10 11 12 shall at its own cost and expense, install, con- struct, maintain and operate all warning signs, bells, lights, traffic signals6 electric track circuits and/or any other safety device and appurtenances for the pro- tection or convenience of vehicles and pedestrians in said street, which, at any time, by reason of the ex- ercise of the rights and privileges granted herein, may be ordered installed by any Public Body having the authority to order such installation, construction, maintenance and operation. 13 (f~ That any neglect, failure or refusal on the part 14 15 16 17 18 19 20 21 22 23 of the Grantee, its successors and assigns, to ob- serve and/or comply with any of the terms or condit- ions herein contained shall effect a forfeiture of the right, privilege and permission hereby granted, and the City, by its City Council, may thereupon de- clare such rights and privileges forfeited; and may exclude said Grantee, its successors and assigns from any further use of said street occupied by said spur tracks, and the grant hereby made shall there- upon become and remain null, void and of no effect. 25 24 (g) That, upon such forfeiture of the rights and priv- 32 ileges granted herein, as provided in paragraph (f), above, or upon the abandonment of the use of the spur tracks constructed under this franchise for any reason whatsoever, the Grantee, its successors and assigns shall, at its own cost and expense, when so ordered by said City Engineer, entirely remove said spur tracks and appurtenances, and shall restore the street paving distrubed by such removal, together with -4- 1 all remodeling required to bring the street surface in the immediate vicinity to official grade with materials of the same quality and thickness then existing in said street, all of said restoration work to be done under the direction of, and to the satisfaction of, the said City Engineer. Section 5: That the City of Vernon, in granting the right, 2 3 4 5 6 7 8 privileges and permission herein contained, expressly reserves the 9 right to grade, pave, macadamize or regrade, repave and remacada- 10 mize the street along and across which the said spur tracks are to 11 be constructed, and to construct and reconstruct subsurface strac- 12 tures of any and all kind under said spur tracks. 13 Section 6: That said spur tracks shall be operated and 14 maintained subject to such other regulations and conditions as 15 may be prescribed from time to tim~ by the Council of the City of 16 Vernon. 17 Section 7: That Ordinances No. 529 and 531 be, and the \ 18 same are, hereby repealed. 19 Section 8: That the City Clerk of the City of Vernon 20 shall certify to the. passage of this Ordinance, and shall cause 21 the same to be ~osted in three of the most conspicuous places in 22 the City of Vernon, to-wit: at the northwest QDrner of 38th street 23 and Santa Fe Avenue; at the northwest corner of 37th Street and 24 Santa Fe Avenue; and on the bulletin board in the lobby of the 25 City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, in said City; that this Ordinance shall be in full force and effect from and after thirty (30) days from the date of posting. Adopted and approved thi '<( 8 Z 26 ~D:: >- 0 c ~ ~ OJ -Ul~ i<.I.. 27 ..- z w <( Ul UlIIIZO:l:U Z ..< z < g ouge;"'i~ 28 w.l->oll:~ ~>~ ~.~ ~ ~ ~~> ~ ~ Z ~ 29 ~I-!:" 0 ~ O""uogl-~ . C) ~ 30 :I: Ul z" ... g j: .. wZ !::;) 31 ~:I: ATTEST: 32 -5- 1 STATE OF CALIFORNIA ) : SS 2 County df Los Angeles} 3 I# T. J. FURLONG, City Clerk of the City of Vernon# 4 do hereby certify that the foregoing Ordinance was duly and 5 regularly introduced at a regular meeting of the City Council of 6 the City of Vernon held on the 18th day of June, 1940# and there- 7 after finally adopted at a regular meeting of said City Council 8 held on the 2nd day of JUly, 1940, by the following vote: 9 AYES: NOES: ABSENT: Soheider, Levy, Peralta, Leonie, Furlong None None 10 11 ~4;lti~Y.-ernon 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "<( g Z 26 ~D:: >- <f2_ e ~ :i::l 27 Ul>-ZW<(Ul Ul~~~U ~ "<11:11: .w 28 ouo w'" ll: ~ .. .1->0 II: ~ U>I-...It<(w ii: <(OZo.... ~!!l>~~z~ 29 ....I-!:"o~ ::Eijogl-a. o . C) ~ 30 :I: Jl) Z ~ ... g j: .. wZ !::;) 31 ;:I: 32 -6- SUPPORTING DOCUMENTS UNION PACIFIC RAILROAD COMPANY i'~ ~~ .fj "\ t: '-,l , ','. "":! .l ~.. ')I p.,' FRANK STRONG. D :~ MANAGER INDUSTRIAL DEVEL~' Mr. T. J. Furlong, City Clerk, City Hall, Vernon, California. "oJ\\) ~. ~,\.,l~. '1:> '\ ~) SSf~ UNION PACIFIC BUILDING 422 WEST SIXTH STREET LOS ANGELES. CALIFORNIA June 14th, 1940 Dear Sir: Attached hereto, we are handing you applica- tion for franchise for trackage across Boyle Avenue in the City of Vernon. As stated in the application, this is a new location for tracks franchise for which was granted pursuant to our application of March 6, 1940. Before construction of trackage under the above mentioned franchise and in order to accommodate certain building plans of the Aluminum Company on the property easterly from Boyle Avenue, it beCEme necessary to change the track layout, involving a minor change in location of the tracks as previously proposed. Check for $25.00 filing fee is enclosed here- with. It will be appreciated if you will kindly furnish me receipt to cover. Yours very truly, _, ~ \,}~ II .. APPLICATION FOR FRANCHISE TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF VEB.NON, VERNon, CALIFORNIA: s3L{ The undersigned, LOS ANGELES & SALT LAKE RAILROAD COMPANY, and 1 t s Lessee, UNION PACIFIC RAILROAD COMPANY, hereby respectfully request your Honorable Body to grant to them, their successors and assigns, the right, privilege and permission to lay and construot, and thereafter to maintain, use and operate, two railroad tracks at grade over and across Boyle Avenue, in the City of Vernon, the center line looations of which are shown in red lines upon the blueprint map attached hereto, mark- ed "Exhibit A", and hereby made a part hereof, which center li~es are more or less particularly described as follows: ~ACK NO.1: Beginning at a point on the easterly line of Boyle Avenue 80 feet wide, distant S. 10 35' 30" E. 503.1 feet from the intersection of said easterly line with the southerly line of Fruitland Road 40 feet wide, said point being a point on a curve the center of the circle of which said curve is an arc .bearing S. 730 151 3011 W. 287..94 feet; thence northwesterly along said cu~ve 157.93 feet to a pOint on the westerly line of said Boyle Avenue distant S. 10 351 30" E. 369.4 feet from the interseotion of said westerly line with the southerly 11ne of said Fruitland Road.. TRACK NO.2: ~.~o ~~f Beginning at a point in the easterly line of Boyle Avenue 80 feet wide, dist~~t s. 10 35' 30" E. 456.35 feet from the intersection of said easterly line with the southerly l1ne of Fruitland Road 40 feet wide, said point being a point on a ourve, the oenter of the circle of which said curve is an arc bearing S. 740 41' 15" w. 274.37 feet; thence nOI'thwesterly along said curve 160.16 feet to a point on the westerly line of said Boyle Avenue distant S. 10 351 30" E. 320.4 feet from the interseotion of said westerly line with the souther- ly line of said Fruitland ROad. -----------~ -~ I. -"--~ It is proposed to construct said tracks for the pur- pose of serving and developing industrial property located west of Boyle Avenue and south of Fruitland Road.. The said Railroad. Companies have previously applied for a franchise for two railroad tracks across said Boyle Avenue by application dated March 6, 1940, and the said franchise has been granted 'by said 01 ty of Vernon to said Railroad Companies by the provisions of Ordinance No. 531 of the said City of Ver- non. Said tracks, however, were not constr.ucted a...'I1d it has sub- sequently been found desirable to construct the said tracks in the location desoribed in this applioation rather than in the location described in said Ordinanoe 531. Therefore, it Ie res- peotfully requested that said Ordinance No. 531 be repealed and that a new ordinanoe granting the franch1se hereby applied tor be adopted. LO S ANGELES & SALT LAKE RAILROAD COMPANY UNION P ACIFI C RAI LROAD COMPANY B~/"d ~.L ~ President Dated: June 6, 1940. 2..