Ordinance No. 581
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1 ORDINANCE NO. 581
2 AN ORDINANCE OF THE CI'I'Y OF' VERNON GRANTING A FRANCHISE TO THE
LOS ANGELES & SALT LAKE RAILROAD COMPANY, A CORPORATION, AND
3 ITS LESSEE, UNION PACIFIC RAILROAD COMPANY, A CORPORA'I'ION, AND
rrs SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN
4 AND OPERATE ONE (1) SPUR TRACK ACROSS AND UPON 37th STREET IN
THE CITY OF VERNON.
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THE CITY COUNCIL OF' TFi'E CITY 01" VERNON DOES ORDAIN AS FOLLOWS:
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Section 1. That a franchise be and the same is here-
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by granted to Los Angeles & Salt Lake Railroad Company, a cor-
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poration, and its lessee, Union Pacific Railroad Company, a cor-
poration, its successors and assigns, for a term of fifty (50)
years to lay, construct, maintain, use and operate one (1) rail-
road spur track upon and across 37th street, in the City of
Vernon, County of Los Angeles, State of California, the center
line of said spur track to be in the location described as
follows:
Beginning at a point on the north line of East
37th Street, distant S. 89 degrees 02' West 885.25
feet measured along said north line from the pro-
longation southerly of the westerly line of Soto
Street; thence S. 7 degrees 10' W. 9.03 feet to
the point of beginning of a tangent curve concave north-
westerly and having a radius of 234.084 feet;
thence southwesterly along said curve 31.79 feet to
a point in the prolongation of the southerly line
of said East 37th Street, distant westerly 893.11
feet from the prolongation of the westerly line of
Soto Street.
For further particulars, and as a part hereof, refer-
ence is hereby made to the application therefor dated February
14, 1945 and the map accompanying same, as revised April 27,
1945 marked "Exhibit A," on file in the office of the City Clerk
of Vernon.
Section 2. That said spur track which may be laid and
operated under this franchise shall be used for the transporta-
tion of freight only and not as any part of a main line; and
shall be used solely for the purpose of receipt and delivery of
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freight to and from corulecting warehouses, manufactories and
other business industries and enterprises with the main line
of the Grantee, its successors and assigns, in said City of
Vernon.
Section 3. That the spur track which may be laid
under the privilege hereby granted shall be construeted of
first-class materials, with standard rails weighing not less
than ninety (90) pounds per yard; shall correspond to the offl-
cial grade of the street across or along which it may be placed,
as now established by said City of Vernon, the top of rails m
be flush with the surrounding surface of the street; and all
portions of the street occupied by the said spur track, includ-
ing the areas within two (2) feet outside each rail thereof,
shall be paved under the instructions of, and to the satisfact-
ion 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 follow-
ing conditions:
(a) That no cars or locomotives shall be permitted
at any time to stand upon the street occupied by said
spur track except during the time actually employed in
switching; and that said spur track shall at all times be
used so as not to obstruct the use of said street by
vehicles or pedestrians more than is necessary, consist-
ent with the uses for which said spur track is to be con-
structed.
(b) That the said Grantee, its successors and assigns,
shall construct and maintain all flumes and culverts for
passage of storm waters under said spur track whenever or
wherever directed to do by the City Council of the City of
Vernon, said construction to be in accordance with plans
and specific~ions therefor approved by the City Engineer.
Whenever a public storm water drain will have
been constructed in the imraediate vicinity of said spur
tracks, the Grantee shall, if so directed by the City,
remove any or all flumes and culverts theretofore con-
structed and replace same with standard catch basins
connecting with said storm dralru, said replacement to be in
accordance with plans and specifications therefor approved
by said City Engineer.
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(c) That the said Grantee, its successors and
assi.gns, shall at all times maintain said spur track
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 track, including the area within
two (2) feet outside each rail thereof, under the in-
struction of, and to the satisfaction of said City
Engineer.
(d) That the said Grantee, its successors and as-
signs, shall, at its own cost and expense, repair, main-
tain, safeguard and support said spur track 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 of
Vernon.
(e) That the said Grantee, its successors and assigns,
she.ll at its own cost and expense, install, construct,
maintaln and operate all wanning signs, bells, lights,
traffic signals, electric track circuits and/or any other
safety device and appurtenances for the protection or con-
venience of vehlcles and pedestrians in said street, which,
at any time, by reason of the exercise of the rights and
privileges granted herein, may be ordered installed by any
Public Body having the authority to order such installa-
tion, construction, maintenance and operation.
(f) That any neglect, failure or refusal on the part
of the Grantee, its successors and assigns, to observe
and/or comply wi th any of the terms or conditi ons herein
contained shall effect a forfeiture of the right, privi-
lege and permission hereby granted, and the City, by its
City Council, may thereupon declare such rights and priv-
ileges forfeited; and may exclude said Grantee, its
successors and assigns from any further use of said street
occupied by said spur track, and the grant hereby made
shall thereupon become and remain null, void and of no
effect.
(g) That, upon such fo~iture of the rights and priv-
ileges granted herein, as provided in paragraph (f) above,
or upon the abandorunent of the use of the spur track con-
structed under this franchise fur 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 track and appurtenances, and
shall restore the street paving disturbed by sach removal,
together with all remodeling required to bring the street
surface in the immedla te vic Ini ty to ofi'ic ial 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.
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Section 5. That the City of vernon, in granting the
right, privileges and permission herein contained, expressly
reserves the right to grade, pave, macadamize or regrade, re-
pave and remacadamize the street along and across which the
said spur track is to be constructed, and to construct and re-
construct subsurface structures of any and all kind under said
spur track.
Section 6. That said spur track shall be operated
and maintained subject to such other regulations and condi-
tions as may be prescribed from time to time by the City
Counci~ of the City of Vernon.
Sect ion 7.
This franchise is granted with the under-
standing between grantor ar~ grantee herein that the southerly
extension of said spur track in and across a prlvate road some-
times referred to as Jewel Avenue, as shown on said map marled
IfEXEIBIT I," as long as said private road Is open to the public,
the said grantee herein (or its successors in interest) shall
maintain and operate said southerly extension of said spur track
upon the same donditions herein contained with respect to said
spur track crossing 37th street.
Section 8. That the City Clerk of the City of Vernon
stillll certlfy to the passage of this Ordinance, and shall cause
the same to be posted in three of the most conspicuous places
in the City of Vernon, to-wit: at the Northwest corner of 38th
street and Santa Fe Avenue, the Northwest corner of 37th Street
and Santa 1"e Avenue, and the Bulletin Board in the lobby of
the City Hall of the City of Vernon, located at 4305 Santa Pe
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.
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Adopted and approved this 5th day of June, 1 945.
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AT'I'EST:
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STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
14 I, T. J. F'URLONG, City Clerk of the City of Vernon,
15 do hereby certify that the foregoing Ordinance was duly and
16 regularly introduced at a regular meeting of the City Council
17 of the City of Vernon, held on the 15th day of May, 1945 and
18 thereafter finally adopted at a regular meeting of said City
19 Counc 11 held on the 5th day of June, 1945 by the following vote:
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AYES:
Poxon, Trowbridge, Mailliard, Peralta &
Leonls
None
NOES:
ABSENT:
None
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AFFIDAVIT OF POSTING
State of California )
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County of Los Angeles:
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City of Vernon )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certif'y that I did on th~ 7J day Of~
194[: post;S copies of ~lN.._-'l..5l...- $' g I J in the
following places to-wit: At the northwest corner of 38th Street
and Santa Fe Avenue, at the northwest corner of 37th Street and
Santa Fe Avenue, and at the entrance to the City Hall, located
at 4305 Santa Fe Avenue, there being no newspaper of general
circulation printed and published i.n the City of Vernon.
Signed this "7 bL day of ~ ' 1940
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My Commission r xp:res March 10, 1949
SUPPORTING
DOCUMENTS
A. 26571, HFC:MH, p~ 1 of 2.
Decision No.
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BEFORE THE 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 authority
to construct, maintain and operate
a steam railroad track at grade over
East 37th Street in the City of
Vernon, County of Los Angeles, State
of California.
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) Application No. 26571
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BY TEE COMMISSION:
Q.RD!R
Union Pacific Railroad Company is authorized to construct
one spur track at grade across East 37th Street in the City of
Vernon, Los Angeles County, at the location described in Exhibit
"A" of the application, as revised APFil 27, 1945, to be identified
as a portion of Crossing No. 3A-5.07-C. Applicant shall bear the
entire construction and maihtenance expense. oConstruction shall
be equal or superior to Standard No.2 of G. O. No. 72, without
superE?levation and ofa width to conform to the portion of the
street now graded, with tops of railS flush with roadway and with
grades of approach not exceeding 1%, Protection shall be by
two existing Standard No.1 crossing signs (G. O. No, 75-B).
Within thirty days after completion, pursuant to
this order, applicant Shall so adviso the Commission in writing.
This authorization shall become void if not exercised within
one year, unless time be extended or if above conditions are
not complied with. Authorization may be revokod or modified
1.
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IN - Ap. 20571 - Be-write of page 2.
if public convenience, necessity or safety so requi:r\e. This order
shall be effective i~nediately.
Dated at Los Angeles, California, this 22nd day of May,
19~.5 .
C;';i;).m~illllione,s
CERTIFIED AS A TRUE C~PY
COMivitSSION
CAL IF OR lJIA .
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