Ordinance No. 599
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ORDI~ANCENO~29~
AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO
J. B. LEONIS, INC., A CORPOfffiTION, AND ITS SUCCESSORS AND
ASSIGNS, . TO CONSTRUCT, MAINTAIN AND OPERATE SPtm TRACK
ACROSS ~ND UPON ALOOA AVENUE, IN TIm CITY OF VERNON.
TIm CITY COUNCIL OF' THE CITY OF' VERNON DOES ORDAIN AS F'OLLOV/S:
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Section 1.
Tha t a franchise be and trIe same is here-
by granted to J. B. Leonis, Inc., a corporation, its successors
and assigns, for a term of fifty (50) years, to lay, construct,
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maintain, use and oper'a te a railroad spur t1"'aclc upon and across
Alcoa Avenue, in the City of Vernon, County of Los Angeles, state
of CELlifornia, located along a center line intersecting the
center line of Alcoa Avenue' at appromimate right angle, and
- 649.48 feet southerly' from City Engineer f s center line of
Vernon Avenue;
Section 2. That said spur track which may be laid and
opera ted under this frt.:-l,nchise shall be used for the transporta-
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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
freight to and from connecting warehouses, manufactories and
other business industries and enterprises with the main line of
connecting railroad company or companies.
Sectiop-3. That thespur tracks which may be laid under
the privilege hereby granted shall be constructed of first-
class materials, with standard rails weighing not less than
seventy-five (75) pounds per yard; shall correspond to the offi-
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 to be
flush with the surrounding surface of the stree; and all
portions of the street occupied by the said spur tracks, in-
cluding the areas within two (2) feet outside each rail thereof,
shall be paved under the instruction of, and to the satisfaction
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1 of the City Engineer of the City of Vernon.
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Bection 4: The right, privilege and permission hereby
3 granted shall be exercised and enjoyed subject to the following
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conditions:
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(a)
That no cars or locomotives shall be permitted
at any time to stand upon the street occupied by said
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spur tracks except during the time actually employed
in s\<Ti tching; and that said spur tracks shalJ. at all
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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 &pur tracks are to
be constructed.
(b) That the said Grantee, its successors and
assigns, shall construct and maintain all f'1U1l1es
and culvers 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 there-
for approved by the City Engineer.
Whenever a public storm water drain will have
been constructed in the immediate vicIity of said spur
tracks, the Grantee shall, if so directed by the City,
remove any or all fllIDles and culverts theretofore con-
str'ucted and replace same with standard catch basins
connecting with said storm drain, said replacement to
be in accordance with plans and specifications therefor
approved by said Ci.ty Engineer.
(c) That said grantee, its successors and assigns,
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
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by said City of Vernon; and shall repair, pave or repave that
portion of street occupied by said spur tracks, includ-
ing the area within two (2) feet outside each rail
thereof, under the instruction of, and to the satis-
faction of said City Engineer.
(d) That the said Grantee, its successors and
assi.gns shall" at its own cost and expense, repair,
maintain, safeguard and support said spur 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 the authority of
the city of Vernon.
(e) That the said grantee, its successors and
assigns shall at its own cost and expense, install, con-
struct, maintain and operate all warning signs, bells,
lights, traffic signals, electric track circuits and/Dr
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 exer-
cise of the rights and privileges granted herein, may
be ordered installed by any Public Body having the auth-
ority ato order such installation, construction, main-
tenance and operation.
(f) That any neglect, i~ilure or refusal on the
part of the Grantee, its successors and assigns, to ob-
serve and/or comply with any of the terms or conditions
herein contained shall effect a forfeiture of the right,
privilege and permission hereby granted, and the City,
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by its City Council, may thereupon declare such rights
and privileges forfeited; and may exclude said grantee,
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Its successors and assigns from any further use of said
street occupied-by said spur tracks, and the grant here-
by made shall thereupon become and remain null, void and
of no effect.
(g) That, upon such forfeiture of the rights and
privileges 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 re-
move said spur tracks and appurtenances, and shall
restore the street paving disturbed by such removal,
together with all remodeling required to bring the
street surface in the, immediate vicinity- to official
grade with materials of the same quality and thick-
ness then existing in said street, all said resto-
ration work to be done under the direction of
and to the satisfaction of the said City Engineer.
$ection 5:
That the city of Vernon, in granting
the right, privileges and permission herein contained, ex-
pressly reserves the right to grade, pave, macadamize or
regrade, repave and remacadamize the street along and across
which the said spur tracks are to be constructed, and to con-
struct and reconstruct subsurface structures of any and all
kind under said spurtracks.
Section 6:
That said spur tracks shall be oper-
'ated and maintained subject to such other regulations and
conditions as may be prescribed from time to time by the Coun-
cil of the City of Vernon.
4.
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Section 7:
That the City Clerk of the City of
2 Vernon shall certify to the passage of this Ordinance, and
3 shall cause the same to be posted in three of the most con-
4 spicuous places in the City of Vernon, to-wit: at the
5 northwest corner of 38th street and Santa Fe Avenue, at the
6 northwest corner of 37th street and Santa Fe Avenue, and
7 on the bulletin board in the lobby of the City Hall of the
8 Ci.ty of Vernon, located at 4305 Santa Fe Avenue, in said
9 City; that this ordinance shall be in full force and effect
10 from and after thirty (30) days from the date of posting.
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Adopted and approved this 7th
day of
Ja nuary
, 194,7
ATTEST:~
/. f:ld:~ 4~
-,,:" .{11/ y Clerk,>:.::,/,,"
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STATE OF CALIFORNIA
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: ss
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County of Los Angeles
I, T.. J. F'urlong, City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance was duly and
regularly introduced at a regular meeting of the City Council
of the City of vernon, held on the 17th day of December, 1946
and thereafter finally adopted at a regular meeting of said
City Councul held on the 7th day of January , 1947,
by the following vote:
AYES:
NOES:
ABSENT:
!ailliard
Furlong, Trowbridge, Anderson, /
None
None
Leonis present but not voting
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5.
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
state of California )
)
County of Los Angeles:
)
City of Vernon )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that I did on the 9th
day of July
1 94.-?, post
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copies of Ordinance 596
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 in the City of Vernon.
Signed this 9th day of
July
, 194-9.
Sub"'il,,, ::':' ,~;;Y t~ MM' m~ 0 rr: L
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;\~'j '-:c.rn~nL;:.:.k':l '--F'.lJ~~ ;::-5 r1!'a;ch 10, :1949
AFFIDAVIT OF POSTING
State of Oalifornia
Oounty of Los Angeles
City of Vernon
I, G. A. Anderson, Ue~uty City Olerk of the City of
Vernon, do hereby certify that I did on the 9th day of January
1947, post 3 eopies of Ordinance No.~9q , 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 Aveue, and
on the bullt"ltlng board in the lobby of the City Hall located at
4c.05 Santa Fe Avenue, there being no newspaper of general c iroulation
pr'lnted and published in the City of Vernon.
Signed this ~ day o~ January, 1947
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Subsoribed and sworn to before
me thl~ .t-~ay of ~.",.u;.:;; 1947
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