Ordinance No. 5761
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9RD 14 B 40. ,576
AU Ofti)IN.J,Ci10E OP THE CITY OF Vac,ON, cALIFoRnIA, UaAY:TING AN
LECTRIC STREET RAILWAY FRANCEI, TO TM: LOS AL-,3
A CALIFORNIA C,:,,W,i0RATIN.
TH4 CITY COUNCIL OP THF. CITY OF VANON -1)01;S IANIAIN AS
.3.0ticf“, That a trunchise be, and the same is
hereby granted to the Los Ani;eles Railway corporation, a cor-
poration °reunited and existin under and by virtue of the laws
of the 6tate of California, its uccessors and assigns, to in-
stall, construct, maintain, and renew a double truck railway
in the locations described hertin, together with any necessary
connections between tracks, including ourved connections at
intersections with these or other tracks; and to operate thereon
a street railway. To in3tull„ construct, use, maintain, and
renew on the route described herein, necessary trollypoles,
trolly wires, and overhead or underground wires or cables to-
eth•r with any other neceesary appurtenancee required in the
operation or said railway. All subject to the following terms
and conditions to be incorporated in this franchise.
•4t4,1" 4* Pefinitionst For the purpose of this
franchi ,,. the meaning of the following words and phrases Shall
be defined in this section unless it shall be apparent from
the context that they have a dttr.rent meanin4t
Grantee The 1,1erson, persons, firm or orporu-
tion to whom the frachise is awarded and granted by the
City Council of the City of Vernon, and his, her, lts ar
their successor
iaLx: The City of Yornon of the Caurtty of Los
An.„;sies, State of California.
ZrunehAset The grunt, franchise, or privilege
accorded grantee by t franchise ordinance approved by
the City Council.
COPY
Effective Date: The day after the expiration of
thirty (30) days after the dat', on which the ordinance
granting franchise is published or posted us required by
luw, (provided that the ordinance has been approved as
required by lam and that bond and acceptance of franchise
have been filed as hereinafter provided).
Streets Any public street, road, highway, lane,
alley court, sidewalk, parkway or similar public place
or above or below same within the City as existing now
Or any time during the life of this franchise.
allkaaa Location: Over and along Santa eo AVOMIO
from the north City line of the City of Vernon to the "aouth City
line of the City of Vernon, with double tracks spaced equidis-
tant from the center line of said street.
Sect:
Duration or kranphi Oubject to the
provisions of this section, this franchise shall expire at
the end or Fifty (50) years from the effective date thereof.
If any term or condition or this franchise Shall
be or become invalid or un nforceable„ the City Council may by
ordinance forthwith terminate the franchise, provided the City
Council shall find and declare that the invalid or unenforce
able term or condition constituted a considerati
the grant of this franchise.
If grantee shall ut any time fail to comply with
one or :,;ore of the terms or conditions of this franchise or with
any other obligation which may be required by law to be imposed
on Grantee by re son of the grant of this franchise, the City
Council may by ordinance declare this franchise forfeited, pro-
vided that if such failure to comply shall be due to a cause
beyond the control or the grantee, then no such forfeiture shall
be declared until such failure to comply shall have ccntinued
an material to
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:or
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4:11,
ntne.
400tIon 5. CIDera,t1.0112 The railway constructed,
opertod ar maintained pursuant to this franchise may be used
for the transportation of persons and property. The transpor.
tation of property shall be limited in the amount and us to the
time transported so as to be incidental to en4 ofrer no unrea .
sonable interference with either the transportation of persons
ar with the public, use of the streets, and shall be subject to
such restrictions or regulations us may be imposed by the City
Council.
3peeds, kind of mntive power to be uae4 hours
for switching operation*, and duration of any traffic int r p-
tions from such operations or from equipment standing on streets,
shall ,,11 be subject to rani limitation or regulation imposed
by the City Council.
The equi
nt operatod and the quell. ty and amount
of service provided shall conform with minimum standards which
are now or may hereafter be prescribed by the City Council*
Changes in the locations 't which passenGers
may be accepted and discharged may be ordered by the City Coun*
oil at any time and grantee shall comply with such orders.
Grantee *hall at all times carry free over
tracks authorized by the frunehise and over all connecting
tracks; the Mayor, the members of the City Counoil, the City
Lngineer, the olice Chief, the ire Chief, and all regular
policemen any police officers and firemen and fire officers when
an duty and in uniform.
tootian.1* Specirieatione, for Trcksj Hails shall
be spaced three (3) feet six (6) inches between inner, or gua6e
edge or rail. Tracks shall follow the center line of streets
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with double tracks sp cod us near tog,ther as safe operation
permits, except where variations may be authorized herein or by
the City Council. Approved grooved girder rails seven (7)
inches or more in height and aperoved methods of roadbed con.
etruotion shall be used, except that use of std type of rail,
at the City's option, may be temporarily waived by appropri .
ate action of the City Council for a period not longer than the
useful life of now existing tracks!, including track ties and
roadbed. Unless otherwise authorized by the City Council,
any rails laid under authority sranted in and by thin franchise
shall be securely welded together and to connecting rails, ex-
cept where insulated joints may be required, or at special track
work or curved rails where bolted connections may be used.
Seetien 7. Installation and Maintenance: The
construction, installation, replacement, removal, relooat
and maintenance or tracks, poles, wires and appurtenances
Shall be subject to such reklulations as may now or hereafter
be prescribed by any law or ordinance in force and effect.
all work in City streets shall be continuously prosecuted in
good faith and without unnecessary or avoidable intermission
or delay and in a good, workmanlike manner and to the sati
faction and subject to the inspect:on of the City E.ngineer.
Grantee shall maintain all tracks to grades which may fr
time to time be approved by the City Council Jrantee shall
submit all plans for any cur
s and turnouts authorizad by
the franchise to the City 4ngineer for approval, copies or
which approved plane shall be filed with the City 1:.'ngineer.
Grantee shall, never required by the City Council, in order
to secure satisfactory traffic conditions at such curves und
turnouts, recon truct curb and curb returns and do such re
gradinG and repaving outside the usual right of way and such
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other work as may be no required by the (1t7 tneer. Grantee
shall construct and maintain all culverts, catch basins or
storm drains necessary to allow th .. free passa4e of storm water
under trucks authorised br this franohise, at such places and
of such size and materials aa may be at any time designated
by the City Council, the plane for which have first been ap-
proved by the City il;ngineer.
Unless otherwise authorized by
the City Council any najor truck reeonstruction work involving
the relocation or the removal and replacement of rails Shall in-
clude the etraightening of bent rails, and except where insu .
luting joints may be required, or at special track work or curved
rails, shall include the weldin or all rail joints.
eetionL8a 21pt tiatr.41-$ Grantee Shall mainta
the entire space between line parallel with and two CO
feet outside the outermost rails of the track or tracks on the
:streets traversed in the sane manner and under the same speci-
fications is said streets are now ',mproved„ and at such times
us future street improve4nts are renewed or inatalled, urantoe
shall simultaneously with such street improvements similarly im-
prove the above-mentioned space, and reconstruct tracks in ac-
cordance with requirements contained herein.
All such work shall be under the directions
lapervision and to the sati,raction or the City .';:sigineer, and
under regular permit issued therefor in each instance, as ap
proved by the City ouncil. in case grantee refuaes or neglects
to comply with the instructions given by the City Enaineor
with respect to paving, repaving or maintenance of street sur-
facing as provided herein, then the City Bngineer shall enter
upon such streets or street and do the work as ordered by the
City Council, and said City ::-,n.c;ineter shall keep an itemised ac
count of said work, which the grantee, by the acceptance of the
n
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franchise* thereby agrees to puy Immediately upon the pr
tation of such account to the 4;rantee.
3ec)io 9, St
C
vati ns,
Grantee ahall have
the right, sub4ect to existing or future orders* ordinances or
regulations of the City Council, to make all necessary X0a1014-
tions in streets for the construction* repair, and maintenance
of tracks and apourtenancee. Tho grantin4 of this franchise
shall not be construed to relieve tTantee from the provisions
of any ordinanve or law that ray he in force at the time requir
lag p7.2lications to be made and permits obtained for excava-
tions in the streets before such work can be done. Grantee
shall nuke such deposit of money or shall file such bonds with
the City Council as 0.,y be from time to time required for per
making excavations in the streets for tz-A, purpose of in-
suring the restoration of streets to * good and satisfactory
condition along such excavutione.
11.S.4ignX04. ttfrnPV41,-.91. 'rrtie Service on any
portion of tracks may not be abandoned except with the consent
of the City Council. Failure to maintain regulurly scheduled
service for a period of six (6) months shall* for this purpose,
constitute abandonment* except *here such failure is due to
etrikee aote of Ood* or other causes beyond the reasonable con-
trol of the rantee. Unless othorwise authorized by ordinance
consentin to abandonment, the i!runtee shall in the event of
ubandonmont„ lapse of franchise by the-City for non-compli-
ance as provided herein* remove rails* ties* poles and appur-
tenances from streets and shall reconstruct the pavement and
other street improvew.'ants adjacent to said tracks so that the
work shall join and be contiguous with the work done in adjoin -
portions of the street; all or sid work to be done with-
in six (6) months from date of said abandonment* lapse or
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termination of franchise, and under the aprvia1on of and to
the satisfaction or the City Eneineer; or the may at
its option purchase any or all eeid properties or other pro
erties used in the exercise of the franchise at a fair value and
may use same for any purpose wilatever.
dection 11* Inat11tton of Ut'l.ti : The City
reserve the rieht to itself and under permit by Itself to
ether, to install, maintain, repair or renew gas, weeer and
other utility pipes, conduits, end appurtenances under or con-
tiguous to said tracks without expense to the grantee and with
out loss oz damage to its property, except that ntee shall
bear the expense of ell repair to its tracks made necessary by
the renewal or repair to such properties as have boon installed
prior to the conotruetion of taid trucks, provided the work is
done in a first-class and workmanlike manner* In all cases
where such properties are placed under or contiguous to the
tracks, of grantee, the grantee shal1 at its own expense furnish
inspection during the course of such construction work and when
completed, If the work has been done in a workmanlike manner
and satisfactory to Grantec!,, the grantee shall furnish to the
City, or to the permittoe perforning such work, a certificate
of acceptance of ouch work.
seatAl'ill- IL' streqtInl'r2I1.171fettratt: The city
may change the grade of any street or portion therof on Which
tracks are located by virtue of the franchise, and mae install
maintain, and repair sewers, culverts, and drains under or con
tiguoue to said tracks 1;turing the progress or any chanee of
grade or other type of improvement specified above, the expense
of ti fo1.ow1n g items shall be born by erantee: protection
of eruntee's property; furnishine or flagmen and watebran for
eranteels property; temporary crone -overa and the in tellation
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tree competent inspectors t 300 that the work performed
by and on behalf of tho City Le constructed in accordance with
good trtctice aad in u manner th,„it will minimize the peesibile
ity of settlement of tracks during and after conetruction; rose
toration o track ballaat if necessary; and furnish, inetall
and rove materials and supplies for temporry truck support
where required. If instellation of sewere, etomm drains or
culverts neceesitates replacement of paving between or e44eine
in trucks, City or contractor shall bear the cost of same.
Whenever the City Council shall determine that it is
reasonable and necessary that tracks and appurtenancee be tem.
porarily disoontinued, reeennected or relocated in order that
the City or other governmental agency or instrumentality, when
acting in a governmentel capacity only, may it econamically
under modern engineering and construction methods do any pUblic
improvement work at suid locution, said City Council shall give
tuch notice in writing to grantee. duid notice enall properly
identify and refer t aid tracLe end utpurtenances and describe
the work to be done and the roqtared temporury location or re .
location of tracks. tithia ten (10) days after the service
thereof on grantee or upon the locul manager or agent of grantee
grantee instal begin and diligently prosecute the designate work
to eompletion and bear the entire coat and expense, and upon
failure to do so the said City touncil muy cause the work dee
cribed in said notice to be completed and grantee shall Lmme .
diately pay for same upon presentation of an itemized account
of the cost thereof.
Section 13. Anrna1 Pet- C : On or before
March first of each year succeedine the effective date hereof,
grantee Shall pay to the City in lawful money of the United dtate
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two percent (24,5) or the portion of the to al gross receipts of
grantee attributable to this franehlue for the previous calene
der years as eeid portion ti erein defined. ler the purpose
of this franchiees the .total gross receipts of grantee ehall be
the total gross receipts eollected or received or in any ranner
gained or derived by the grelltee from all transportation and
from ell other source s frnm the entire railway seeten owned or
operated by eeentee o which the tracks under this frunchlse are
part or to which they conect. The portion of the gross re-
ceipts attributable to said frunchiees on whieh the two percent
(2e!-) payment Shall be made, shall he in the proportion which the
totel mileoge under the franchlee b to the total mileage
of the entire railway system owned or operated by grantee of
Shich the tracks under this frunchise are a part or to which
theyconneet4 provided., however, that the first payment made
hereunder shall be thirty-seven per cent (37%) of the anount
determined ue above described for the ealender year 1943, to.
gether with one hundred percent (1005) of the amount, ,leterrired
a$ above described for the calendar year 1944. Payment shall
be redo to the City Clerk and shall be accompanied by a state
nent in deplieate verified by the oath of arantee or of a re-
sponsible officer thereof. This statement shall ehow the total
elleuge of the entire retlway system owned or operated by grantee
or which the tracks under the franehise are a part or to whieh
they connect, the gross receipte, and the method of cemputation .
of the amount payable, all ee defined above.
auction lesion, 4etrn: The City Coune
ell Shall hey* the right and p3wor to order extensions of the
facilities herein authorized, efter hearing relative thereto,
and grantee shall comply with every ouch order. Ilrovideds that
when such extension of feellitioe is outside of the limits or
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this franchise, the City Council shall -first ;;*rant such addi
tional franchise as may '73 required t seller such extensions.
lrkantee shall snow' and persit a.sy rson„ firm or corporatim
having necessary franchise or proper authority from the City,
or the City, and each and ovary 'r of them owning, operating
or using a street railroad or tr-ics that may be or can be
conveniently joined to or connscted witL said tracks, to join
and connoct such trucks with t%o Aforesaid tracks end use same,
at his, its or their on cost and expense, provided, however,
that the justly proportionate alare of the coot of maintenance
of said tracks shall be paid by all and singular and each and
every one of the ,..,-,orsons„ firms or corporations, including the
City, and by grantee for the use of said tracks aforesaid*
j300.tIon
Trans
re.: • .017 rnohise i s The
r!.2 and privileges grunted by this frundhise are for the
exclusive use of grantee. Arantos shall not sell, transfer, or
essiin franchise, nor shell ony Interest therein or any right
or privilege thereunder be in whole or In part transferred,
icaseci, or assigned, (1:, disposed of by mergkr, conalidation,
or by operation of law or otherwise without the consent of the
City exoreseed by ordinance. Lany such consent to assignment or
transfer s%ull be subject to such terms and conditions U8 ram
be proscribed by the Cit Council.
Any such sale, lease, assign.
nent4 or other disposition of thTJ4 Pranch"se chilli to evidenced
by D executed instrwent -n writing filed in tho office of
the City Clerk. Provided, however, that consent of the City
Council shall not bc required for any mortgage, transfer in
trust, or other hypothecation of grantee's property generally
41,5 secl.,vity for the isztuance of any notes, bonds, or other ()vim,
dences of Indebtedness, nor ;than the conseLt of the ...;ity :;ounc11
be required for any refinancing or refunding at uny such notes,
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Londe or ether evidences of indeb
In cuss any portion or tho streets covered by this
eeenchlse shall become aenexed to, or otherwlee become a part
oft any other municipal cereeretten or the County of Los ange
lest or any other county, the, eith reepect to thAt portion
removed from, the jurisdiction of the City, the rights reeerved
ueee the franchise to the Ceity of Vernon or to any public
officer thereof shall thereupon irelre to the benefit of eueh
rtsiloteleI corporation or county and its appropriate officer.
31toe
within five, daye after the awardinz of this franchieet file
with the city Clerk u corporate aurety bond, in eeplieutet
effective ror the entire term of this franchise and for one
year thereafter, running to the City in the panel eam of twent
thousand dollers (S20,000400)„ to be uppreved by the City
Council, conditioned that such grantee *hall, well and truly obe
nerve fulfill and perform each and every ter. condition
of thle franchise, And thett in case o any breek of the condi..
tions of ouch bond, the whole emount of t penal sum therein
named shall be taken and. deemed to be littuideted damages and
eleell b recoverable jointly and several from the principel
und sereties named in such bond,
ecece ane
or Tr:4nel eee The grunt-
of this franchise chell be cenditioned upon grantee filing
eith tbo it Clerk at least ton (10) days before the erdinance
grantino thie franchise becomes effective, a written instrument
accepting this franchise and agreeing to perform and be bound
by each and ull of the t and conditions thereof.
Set
j.elcorsisj eran
La
eieht to Iect Or
permit any duly authorized repreeentae
11.
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t've of the City to mako a tharouh inYeti4stan into the
affairs of ti o 4rantee to p;atnor such data ug provided
%erain, 4noldni; a valuation of ',;he physical pz'oportius of
4rantoo„ detailsd stutelr2oht af and not earnins,
ezponoss, capitalization, and Indebtedness thereof, and 3u0174
other tters as the C14-, :,„;ounell ni,ay deem 2roper. 4L ail
reasenablo tiv.o said rotative shall huva
oxau7n,o
u1. of -:ralter.), whether sucn prQparty is
4,Au4tod within or wit:xut tc Ity, and t books papors„
mps and records shewit z the transactiowt„ property
and financial condition of aLtea. Reports respottinz suCh
I.aitter:i., from grantee shall be furnished ut such tios and in
uch f(„Irms as said CitY, Council nay prescribe.
'auction 12. tliso liandous 'fray- as: The i,f,ranting
or this franchise or an, of the terns or conditions contained
heroin Shall not be con:„Itrued to prevent the City from zranting
any idont!ct or slm!1ur frt.,,,nol-ile to peracn, firn_ or cor-
oration ocz. thun 4,7ruatee. r&ntoo shall Indlun11-7 t City
inat all °lirs, demands, actions, .4.ulta ov proceedin6;s„ and
auihs.t any liability, loss otat':.'..t, or expense smatint; there-
from, w',!Aoh, may be based upon or alled to arise out or t4e
.,.6rnt of or of the ,.11-..41 or priVi1e405 of this franchise, or
out the use, exerc se or enjoynont thereof.
The provisions or -!ranchizo and all richtso
abliations and aUties thereunder Snail inure to
and shall be blndlna upon the arantee and his or its successors
v.nO ns.
a'ecti
7hat City ClarL of the City of Vern
ll certify to tbe passu6s '",...",'rdinance and cause the
saaL!c tu be posted in three or tLe conal)lcuous
In the City or Vernon: t the orthwest corner of 33th 'Otreet
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and lanta Avenue* to gOrtLmat o.c.1,.....bntfx.* or 37th ''tit and
Santa uad the ',...!,.a.11.ottn n tho tobb7 of tte .
or tho Citr or '',rornon, 7,00ated at
!r':. '1 Caliropalal and. thin IrdInance ai he. In
:d11 raroo and ..,r.feet fn arl:;,ar thIrty 7.1 days or tho
dat. or potinz;.,0
T. T. URLONG
City (AGA
oe UIh )
) sS
UOUWri* Q 103 AaaLo
n. 172INT3
r 40reY oi*
T. Jo eutiLoaci City ,j;1040ric of the City of Vernon,
do hereoy certify that tho fore6c1ng Cedinance was aaly .414
regularly introduced at a regular taueting of the City council
or said City of 4arnon, naid on the 21at day of iioveober,
1944, and thereafter Zint.1 dopted at a regular la/eating or
amid City council hold on the 5t day o' omoember, 1944, by
the following votet
4tf143: Trowbridge, ds Pur1tu, Looiia
1401Z4 None
t4 : flown
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"I JI
, ' • , : • • •
tte, (17 LItit • )
County of Loa ar4;o1oa ;
City
V Vernon
11.7LON44. City erk of tLe City of Vernon,
Lamby cort!ty that : Old on U 7t 11 , day of ,,Pecenter
39,
copice of zthree 5
tL.o .
f ololoiL..‘; placers to....mit; at tto northwtot corner of :;:i0th ztreet
tAnd .,.4-onov, at tho h(44thwat corner of 37th rotot. and
O anta vo.aue. dad at. the entrance to tLe. it 11.1. located
ct Oanta ft .,i;voLue4, they.° boini; no nowapaper of 6cooral
circulation printed and 0.111ohod in the City of Vernon.
3ubsoribed and
7 .day of
G A. And
thi 7th eLy cf aocertbor 1
T. j. tura
I. Pur or!:
kAty '-1ez'k, wi.ty or
California
to before :3o this
ri an
4 County Lo
19 4
No ry Pubilo
An:eles, State of Calif.
My Commission 14tpirss March 10, 1945
COPY
SUPPORTING
DOCUMENTS
NUTICE OF SALE OF ELECTRIC ST R<: ;T RAILWAY FRANCHISE
To Whom it May Concern:
NOTICE. IS HEREBY GIVEN, that an application has been
filed with the City Council of the City of Vernon, California,
for a double track street railway franchise on Santa x e Avenue
in the City of Vernon.
The City of Vernon proposes to award such a franchise
to the responsible bidder offering to pay to the City the highest
cash consideration therefor, which consideration shall be in
addition to any and all compensations or considerations hereinafter
prescribed as a term or condition or both of such franchise. No
offer of such additional consideration in an &mount less than
One Hundred dollars (100.00) shall be considered or accepted.
Such franchise will be vranted upon tho following
terms and conditions:
NATURE OF GRANT: To install, construct, maintain, and
renew a doubles track railway in the locations described herein,
together with any necessary connections between tracks, including
curved connections at intersections with these or other tracks;
and to operate thereon a street railway. To install, construct,
use, rmaintain, and renew on the route described herein, necessary
trolley poles, trolley wires, and overhead or underground wires
or cables, together with any other necessary appurtenances
required in the operation of said railway. All subject to the
following terms and conditions to be incorporated in the franchise.
Section 1. Definitions. For the purpose of the
franchise the meaning of the following words and phrases shall
be as defined in this section unless it shall be apparent from
the context that they have a different meaning=
Grantee: The person, persons, firm or corporation
to whom the £ranchise is awarded and granted by the
City Council of the City of Vernon, and his, her, its,
or their successors.
City: The City of Vernon of the County of Los Angeles,
State of California.
Franchise: The grunt, franchise, or privilege accorded
grantee by the franchise ordinance approved by the City
Council.
Effective Date: The day after the expiration of
thirty OW days after the date on which the ordinance
granting franchise is published or posted as required by
law, (provided that the ordinance has been approved as
required by law and that bond and acceptance of franchise
have been filed as hereinafter provided).
Street: Any public street, road, highway, lane, alley
court, sidewalk, parkway or similar public place or above
or below same within the City as existing now or any time
during the life of the franchise.
Section 2. Location: Over and along Santa Fe Avenue
from the north City line of the City of Vernon to the south City
line of the City of Vernon, with double tracks spaced equidistant
from the center line of said street.
Section 3. Duration of Franchise: Subject to the
provisions of this section, this franchise ehall expire at the
end of years from the effective date thereof.
if any term or condition of this franchise shall be or
becom e invalid or unenforceable, the City Council may by ordinance
forthwith terminate the franchise, provided the City Council
shall find and declare that the invalid or unenforceable term or
condition constituted a consideration material to the grant of
of this franchise.
If grantee shall at any tune fail to comply with one
or more of the terms or condition of this franchise or with any
other obligation which may be required by law to be imposed on
grantee by reason of the grant of this franchise, the City
Council may by ordinance declare this franchise forfeited, pro-
vided that if such failure to comply shall be due to a cause
beyond the control of the grantee, then no such forfeiture shall
be declared until such failure to comply shall have continued for
a period of six months.
Section L.. Operation: The railway constructed, operated
or maintained pursuant to this franchise may be used for the
transportation of persons and property. The transportation of
property shall be limited in the amount and as to the time trans-
ported so as to be incidental to and offer no unreasonable inter -
ference with either the transportation of persons or with the
pudic use of the streets, and shall be subject to such restrictions
or regulations as may be imposed by the City Council.
Speeds, kind of motive power to be used, hours for
switching operations, and duration of any traffic interruptions
from such operations or from equipment standing on streets, shall
all be subject to any limitation or regulation imposed by the
City Council.
The equipment operated and the quality and'amount of
service provided shall conform with minimum standards which are
now or may hereafter be prescribed by the City. Council
Changes in the locations at which passengers may be
opted and discharged may be ordered by the City Council at
any time and grantee shall comply with such orders.
Grantee shall at all times carry free over tracks
authorized by the franchi and over all connecting tracks: the
Mayor; the members of the City Council.; the City Engineer; the
Police Chief; the Fire Chief; and all regular policemen and police
officers and firemen and fire officers when on duty and in
uniform.
on 5. Specifications for Tracks Fails shall be
spaced three (3) feet six (6) inches between inner, or gauge edge
of rail. 'Tracks shall follow the center line of streets with
double tracks spaced as near together as safe operation permits,
except where variations may be authorized herein or by the City
Council. Approved grooved girder Mails seven (7) inches or more
in height and approved methods of roadbed construction shall be
used, except that use of said type of rail, at the City's option,
may be temporarily waived by appropriate action of the City
Council for a period not longer than the useful life of now exist
ink; tracks, including track ties and roadbed. Unless otherwise
authorized by the City Council, any rails laid under authority
granted in and by this franchise shall be securely welded together
and to connecting rails, except where insulated joints may be
required, or at special track work or curved rails where bolted
connections may be used.
Section 6. Installation and Maintenance: The
construction, installation, replacement, removal, reification, and
maintenance of tracks, pales, wires and appurtenances shall be
subject to such regulations as may now or hereafter be prescribed
by any law or ordinance in force or effect. All work in City
streets shall be continuously prosecuted in good faith and without
unnecessary or avoidable intermission or delay and in a good,
workmanlike manner and to the satisfaction and subject to the
inspection of the City Engineer. Grantee shall maintain all tracks
to grades which may from time to time be approved by the City
Council. s. rantee shall submit all plans for any curves and turnouts
authorized by the franchise to the City Engineer for approval,
copies of which approved plans shall be filed with the City
;engineer. Grantee shall, whenever required by the City Council,
in order to secure satisfactory traffic conditions at such
curves and turnouts, reconstruct curb and curb returns and do such
regrading and repaving outside the usual right of way and such
other work as may be so required by the City Engineer. Grantee
shall construct and maintain all culverts, catch basins or storm
drains necessary to allow the free passage of storm water under
tracks authorized by the franchise, at such places and of such
size and materials as may be at any time designated by the City
Council, the plans for which have first been approved by the
City Engineer. Unless otherwise authorized by the City Council,
any major track reconstruction work involving the relocation or
the removal and replacement of rails shall include the straighten-
ing of bent rails, and except where insulating joints may be
ila, shall include
required, or at special track work or curved r
the welding; of all rail joints.
Section 7. Street Paving. Grantee shall Maintain
the entire space between lines parallel with and two (2) feet
outside the outermost rails of the track or tracks on the streets
traversed in the same manner and under the aaune specifications
now improved, and at such times as future
are renewed or installed, grantee shall
such street improvements similarly improve
apace, and reconstruct tracks in accordance
as said streets are
street improvements
simultaneously with
the above mentioned
with requirements contained herein.
All such work shall be done under the directio
supervision and to the satisfaction of the City engineer, and
under regular permit issued therefor in each instance, as approved
by the City Council. In case grantee refuses or neglects to
comply with the instructions given by the City Engineer with respect
to paving, repaving or maintenance of street surfacing as
provided herein, then the City Engineer shall enter upon such
street or streets and do the work as ordered by the City Council
and said City :engineer shall kelp an itemized account of said
work, which the grantee, by the acceptance of the franchise,
thereby agrees to pay immediately upon the presentation of such
account to the grantee.
ction 8. Street Ex Grantee shall have
he right, subject to ex.sting or future orders, ordinances or
regulations of the City Council,
make all necessary excavations
in streets for the construction, repair and maintenance of tracks
and appurtenances. The granting cif the franchise shall not be
construed to relieve grantee from the provisions of any ordinance
or law that may be in force at the time requiring applications to
be made and permits obtained for excavations in the streets before
such work can be done. Grantee shall make such deposit of money
or shall file such bonds with the City Council as may be from
time to time required for persons making excavations in the streets
for the purpose of insuring the restoration of streets to a good
and satisfactory condition along such excavations.
section 9. Removal of Tracks: Service on any portion
of tracks may not be abandoned except with the consent of the
City Council. Failure to maintain regularly scheduled service
for a period of six (6) months shall, for this purpose, constitute
abandonment, except where such failure is due to strikes, acts
of God, or other causes beyond the reasonable control of the grantee.
Unless otherwise authorized by ordinance consenting to abandonment,
the grantee shall in the event of abandonment, lapse of franchise
by the City for non- compliance as provided herein, remove rails,
ties, poles and appurtenances from streets and shall reconstruct
the pavement and other street improvements adjacent to said
tracks so that the work shall join and be contiguous with the
work done in adjoining portions of the street; all of said work
to be done within six (6) months from date of said abandonment,
lapse or termination of franchise, and under the supervision of
and to the satisfaction of the City Engineer, or the City may at
its option purchase any or all said properties and other properties
used in the exercise of the franchise at a fair value and may
use same for any purpose whatever.
Section 10. Installation of 'Utilit es, The City
reserves the right to itself and under permit by itself to others,
to install, aaintain, repair or renew gas, water and other
utility pipes, conduits, and appurtenances under or contiguous
to said tracks without expense to the grantee and without loss or
damage tr its property, except that grantee shall bear the expense
of all repair to its tracks made necessary by the renewal or
repair to such properties as have been installed prior to the
construction of said tracks, provided the work is done in a first
class and workmanlike manner. In all eas es where such properties
are placed under or contiguous to the tracks of grantee, the
grantee shall at its own expense furnish inspection during the
course of such construction work and when completed, if the work
has been done in a workmanlike manner and satisfactory to grantee,
the grantee shall furnish to the City, or to the permittee
performing such work, a certificate of acceptance of such work.
Section 11. Street Improvements by City: The City
change the grade of any street or portion thereof on which
tracks are located by virtue of the franchise, and may install,
maintain, and repair sewers, culverts, and drains under or
contiguous to said tracks. Luring the progress of any change of
grade or other type of improvement specified above, the expense
of the following items shall be borne by grantee: protection of
grantee's property; furnishing of flagmen and watchmen for grantee' s
property; temporary cross -avers and the installation thereof;
competent inspectors to see that the work performed by and on
behalf of the City is constructed in accordance with good practice
and in a manner that will minimize the possibility of settlement
of tracks during and after construction; restoration of track
ballast if necessary; and furnish, install and remove materials
and supplies for temporary track support where required. If
installation of sewers, atorrn drains or culverts necessitates
replacement of paving between or adjoining tracks, City or
contractor shall bear the cost of same.
Whenever the City Council shall determine that it is
reasonable and necessary that tracks and appurtenances be,
temporarily discontinued, reconnected or relocated in order that
the City or other governmental aency or instrumentality,
actin, in a governmental capacity only, may most economically
under modern engineering and construction Methods do any public
improvement work at said location, said City Council shall give
such notice in writing to grantee. Said notice shall properly
identify and refer to said tracks and appurtenances and describe
the work to be done and the required temporary location or relocation
of tracks. Within ten (10) days after the service thereof on
grantee or upon the local .manager or aunt of grantee, grantee
shall begin and diligently prosecute the designated work to
completion and bear the entire cost and expense, and upon failure
to do so the said City Council may cause the work described in
said notice to be completed and grantee shall immediately pay for
sane upon presentation of an itemized account of the cost thereof.
Section 12. Annual Payments to the City: On or before
i °parch first of each year succeeding the effective date hereof,
grantee shall pay to the City in lawful money of the United States,
two per cent (2 %) of the portion of the total gross receipts of
grantee attributable to this franchise for the previous calendar
year, as said portion is herein defined. For the purpose of the
franchise, the total gross receipts of grantee shall be the total
gross receipts collected or received or in any manner gained or
derived by grantee from all transportation and from all other
sources from the entire railway system owned or operated by grantee
of which the tracks under the franchise are a part or to which
they connect. The portion of the gross receipts attributable to
the franchise, on which the two per cent (2 %) payment shall be
made, shall be in the proportion which the total mileage under
the franchise bears to the total mileage of the entire railway
system owned or operated by grantee of which the tracks under the
franchise are a part or to which they connect; provided, however,
that the first payment made hereunder shall be thirty -seven per cent
(37 %) of the amount determined as above described for the calendar
year 1943, together with one hundred per cent (100 %) of the amount
determined as above described for the calendar year 19)4. Payment
shall be made to the City Clerk and shall be accompanied by a
statement in duplicate verified by the oath of grantee or of a
responsible officer thereof. This statement shall show the total
mileage of the entire railway system owned or operated by grantee
of which the tracks under the franchise are a part or to which
they connect, the gross receipts, and the method of computation of
the amount payable, all as defined above.
Section 13. Extension of Operations: The City Council
shall have the right and power to order extensions of the facilities
herein authorized, after hearing relative thereto, and grantee
shall comply with every such order. Provided, that when such
extension of facilities is outside of the limits of the franchise,
the City Council shall first grant such additional franchise as
may be required to cover such extensions. Grantee shall allow
and permit any person, firm or corporation having necessar;
franchise or proper authority from the City, or the City, and
each and every one of them owning,, operating, or using a street
railroad or tracks that may be or can be conveniently joined to
or connected with said tracks, to join and connect such tracks
with the aforesaid tracks and use same at his, its or their own
cost and expense, provided, however, that the justly proportionate
share of the cost of maintenance of said tracks shall be paid by
all and singular and each and every one of the persons, firms or
corporations, including the City, and by grantee for the use of
said tracks as aforesaid.
Section 14. 7
and privileges grante
use of grantee. Grantee
of franchise klhts: `the rlhts
ranch .se are for the exclusive
not sells transfer, or assign
franchise, nor shall any interest therein or any right or privilege
thereunder be in whole or in part transferred, leased, or assigned,
or disposed of by merger, consolidation, or by operation of law
or otherwise without the consent of the City expressed by
ordinance. Any such consent to assignment or transfer shall be
subject to such terms and conditions as may be prescribed by the
City Council. :any such sale, lease, assignment, or other dis-
position of franchise ah•11 be evidenced by a duly executed
instrument in writing filed in the office of the City Clerk.
Provided, however, that consent of the Gity Council shall not be
required for any mortgage, transfer in trust, or other hypothecation
of grantee's property generally as security for the issuance of
any notes, bonds or other evidences of indebtedness, nor shall
the consent of the City Council be required for any refinancing
or refunding of any such notes, bonds or other evidences of
indebtedness.
lri case any portion of the streets covered by the
shall become annexed to, or otherwise become a part of
10 -
any other municipal corporation or the County of Los Angeles,
or any other county, then, with respect to that portion removed
from the jurisdiction of the City, the rights reserved under the
franchise to the City of Vernon or to any public officer thereof
shall thereupon inure to the benefit of such municipal corporation
or county and its appropriate officers.
Section 15. Bond Requirements: + =r ►ntee shall, within
five days after the awarding of franchise, file with the City
Clerk a corporate surety bond, in duplicate, effective for the
entire term of the franchise and for one year thereafter, running
to the Cit in the penal sum of twenty thousand dollars ( €20,000.O
to be approved by the City Council, conditioned that such grantee
shall, well and truly observe, fulfill, and perform each and every
term and condition of franchise, and that, in case of any break of
the conditions of such bond, the whole amount of the penal suns
therein named shall be taken and deemed to be liquidated damages
and shall be recoverable jointly and severally from the principal
and sureties named in such bond.
Section 16. Acceptance of Franchiee: The granting of
franchise shall be conditioned upon grantee filing with the City
Clerk at least ten (10) days before the ordinance granting
franchise becomes effective, a written instrument accepting
franchise and agreeing to perform and be bound by each and all of
the terms and conditions thereof.
Section 17. City's Hight to Inspect Property and
tee shah permit any duly
authorized representative of the City to make a thorough in-
vestig into the affairs of the grantee and to gather such
data as provided herein, including a valuation of the physical
properties of grantee, detailed statement of the gross and net
earnings, expenses, capitalization, and indebtedness thereof, and
such other mattere as the City Council may deem proper. At all
reasonable time said representative shall have access to and may
examine all property of grantee, whether such property is situated
within or without the City, and the books, papers, maps and records
showing the affairs, transactions, property and financial condition
of grantee. Reports respecting said matters from grantee shall
be furnished at such times and ch form as said City Council
may prescribe.
Section 18. i4iisce11 (sous visions: The gr anting
of the franchise or any of the terms or conditions contained
herein shall not be construed to prevent the City from granting
any identical or similar franchise to any person, firm or
corporation other than grantee. grantee shall indemnify the City
against all claims, demands, actions, suits or proceedings, and
against any liability, loss, cost, or expense resulting therefrom,
which may te based upon or alleged to arise out of the Grant of
any of the rights or privileges of this franchise or out of the
use, exercise or enjoyment thereof.
The provisions of the franchise and all rights,
privileges, obligations and duties thereunder shall inure to and
shall be binding upon the grantee and his or its successors and
assigns.
Section 19. Instruction to 2idders: NOTICE IS ALSO
HEREBY GIVEN that sealed bids in writing will be received for
the franchise by the City Clerk up to three o'clock in the uf r-
noon of the day of 1944.
At the day and hour last mentioned the City Council
will, in open session in the Council Chamber, examine and publicly
declare said bids, and no bid offering a sum less than one-hundred
dollars (100,00) will be considered or accepted. livery bid shall
be accompanied by a cash deposit of ten per cent (1C4)of the amount
bid but not less than i.:500.00 or a certified check for said amount,
- 12-
payable to City of Vernon, certified by some responsiblei local
bank, as a guarantee of good faith by the bidder. if, in the
judgement of the City Council, no adequate or responsible bid has
been made, the City Council may withdraw franchise from sale or
advertise for new bids. At the time of opening said bads any
responsible person, firm or corporation present or represented,
then accompanying his or its bid with a deposit as heretofore
mentioned to accompany sealed bids, may raise the bid for the
franchise above the highest sealed bid therefor and, said bid so
made may be raised by any other responsible bidder and such bidding
y continue until finally the franchise shall be struck off, sold
and awarded by said City Council to the highest bidder therefor!
Upon the franchise, permit or privilege being awarded,
all deposits made by unsuccessful bidders shall be returned.
The deposit of the successful bidder shall be retained until
payment in full of the amount bid shall have been made and until
after the approval and filing of the bond hereinbefore provided
for, whereupon said deposit shall be returned. In case grantee
fails or neglects to make said payment in full within twenty -four
(Z.) hours of the acceptance of his bid, or to file said bond
then the said deposit theretofore made shall be forfeited, and
the said award of the franchise shall be void and of no eff ct,
and no further proceedings for the sale of the franchise shall
be had unless the same shall be re- advertised and lain offered
for sale in the manner hereinbefore provided.
Dated: This day of , 1944
I_ . w . - 6/
943
rk of the City of Vernon
A. 26447, 1st Sup, P, 1 of 2, MX
Decision No.``
BEFORE TBE RAILROAD COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application
of Los Angeles & Salt Lake Railroad
Company,, a corporation,, and its
lessee, Union Pacific Railroad
Company, a corporation for author-
ity to construct,. maintain and
operate a steam railroad track at
grade over Downey Road, in the
City of Vernon,, and in the County
of Los Angeles, State of California.,
BY THE COMMISSION ►.
)
)
First Supplemental
Application Noo 26447
)
FIRST SUPPLEMENTAL QRDEft
By Decision No. 57512, dated November 28,;1944, Union
Pacific Railroad Company was authorized to construct a spur
track at grade across Downey Road in the City of Vernon, Los
Angeles County, One of the conditions contained in that decision
specified that the construction should be equal or superior
to Standard No. 2 of G 0. No, 72. By this supplemental applica-
tion, Union Pacific Railroad Company seeks to have the method
of construction modified in order to comply with the requirements
of the City Engineer of the City of Vernon.
Good Cause Appearing,,
IT IS ORDERED that the words "equal or superior to
Standard No.. 2 of G. O. ,No., 72", appearing on line 6 of the
order in Decision No. 37512 be amended to read "substantially
in accordance with 'Exhibit A', attached to the first supplement
in Application No. 26447, and made a part thereof."
1
In all other respedt8„ Debision No .67512 shall
remain in full force and effect,
Dated, San Francisco, California, this /y day
)
, 1945*
H, G. MA iTSON,, ecre
Railroad Commission of to
State of California*
L. HAROLD ANDERSON
ELSTUS F. CRAEME
FRANK W. CLARK
IRA H. ROWELL
Coaarnie%ionera