Ordinance No. 608
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ORDINANCE NO. 608
AN ORDINANCE OF THE CITY OF VERNON" CALIFORNIA" GRANTING AN
ELECTRIC STREET RAILWAY FRANCHISE TO THE LOS ANGELES TRANSIT
LINES" A CALIFORNIA CORPORATION
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
Section 1.
That a ~ranchise be" and the same is
hereby granted to the LOS ANGELES TRANSIT LINES" a corporation
organized and existing under and by virtue o~ the laws o~ the
State o~ Cali~ornia" its successors and assigns" to install,
construct, maintain and renew a double track railway in the
locations described herein, together with the necessary con-
nections between tracks, including curved connections at
intersections with these and other tracks; and to operate
thereon a street railway. To install, construct, use, main-
tain and renew on the route described herein, necessary trolly
poles" trolly wires" and overhead or underground wires or
cables, together with any other necessary appurtenances re-
quired in the operation of said railway. All subject to the
~ollowing terms and conditions to be incorporated in this
fra.nchise.
Section 2. For the purpose o~ the franchise, the
meaning o~ the following words and phrases shall be as de~ined
in this section unless it shall be apparent ~rom the context
that they have a different meaning:
Grantee:
The person" persons, firm or corpo-
ration to whom the ~ranchise is awarded and granted by the
City Council o~ 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 grant, franchise or privilege
accorded grantee by the ~ra.nchise ordinance approved by the
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1 City Council.
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Effective date:
The day after the expiration
3 of thirty (30) days after the date on which the ordinance
4 granting ~ranchise is published or posted as required by law,
5 (provided that the ordinance has been approved as required
6 by law and that bond and acceptance of ~ranchise have been ~iled
7 as hereina~ter provided).
8
Street:
Any public street, road, highway, lane,
9 alley, court, sidewalk, parkway or similar public place or
10 above or below same within the City, as existing now or any
11 time during the life of the franchise.
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Section 3. Location:
Over and along Leonis
13 Boulevard from the westerly line o~ Tract #6452 to the easterly
14 line of the private right-of-way o~ the Los Angeles Transit
15 lines in Paci~ic Boulevard, in the City of Vernon" California,
16 with double tracks spaced equidistance from the center line
17 of said street.
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Section 4. Duration of Franchise: Subject to the
provisions o~ this Section, this Franchise shall expire May
19, 1976.
If any term or condition of this
franchise shall be or become invalid or unenforceable, the
City Council may by ordinance ~orthwith terminate the franchise,
provided the City Council shall find and declare that the inval-
id or unen~orceable term or condition constituted a considera-
tion material to the granting o~ this franchise.
If grantee shall at any time ~ail to
comply with one or more of the terms or conditions o~ this
~ranchise, or with any other obligation which may be required
by law to be imposed on grantee by reason o~ the grant of this
~ranchise, the City Council may by ordinance declare this
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franchise ~or~eited, provided 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 oontinued for a period of six months.
Section 5.
Operation:
The railway constructed,
operated or maintained pursuant to this franchise may be used
for the transportation o~ persons and property. The transpor-
tation of property shall be limited in the amount and as to
the time transported so as to be indidental to and offer no
unreasonable interference with either the transportation of
persons or with the public use of the streets, and shall be
subject to such restrictions or regulations as may be imposed
by the City Council.
Speeds, kind o~ motive
power to be used" hours ~or switching operations" and duration
of any traffic interruptions from such operations or from equip-
ment 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 passen-
gers may be accepted 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 ~ranchise and aver 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 uni~or.m.
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Section 6.
Rails
Specifications for Tracks:
2 shall be spaced three (3) ~eet six (6) inches between inner
3 or gauge edge of rail. Tracks shall follow the center line
4 of streets with double tracks spaced as near together as safe
5 operation permits" except where variations may be authorized
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herein, or by the City Council.
Approved grooved girder rails
7 seven (7) inches or more in height and approved methods of
8 roadbed construction shall be used" except that use o~ said
9 type of rail" at the City's option, may be temporarily waived
10 by appropriate action of the City Council for a period not
11 longer than the useful life of new existing tracks" including
12 track ties and roadbed. Unless otherwise authorized by the City
13 Council, any rails laid under authority granted in and by this
14 franchise shall be securely welded together and to connectin
15 rails, except where insulated joints may be required, or at
16 special track work or curved rails where bolted connections
17 may be used.
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Section 7.
Installation and Maintenance: The con-
19 struction, installation, replacement, removal, relocation and
20 maintenance of tracks, poles, wires and appurtenances shall be
21 subject to such regulations as may now or hereafter be pre-
22 scribed by any law or ordinance in force or effect. All work
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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 sub-
ject 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. Grantee 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"
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whenever required by the City Council, in order to secure
satis~actory 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 t:p.e City Engineer. Grantee shall con-
struct and maintain all culverts" catch basins or storm
drains necessary ~o 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 in-
clude the straightening of bent rails, and except where insu-
lating joints may be required, or at special track work or
curved rails, shall include the welding of all rail joints.
Section 8. Street Paving:
Grantee shall maintain
the entire space between lines parallel with and two (2) feet
outside the outer.most rails of the track or tracks on the
streets traversed in the same manner and under the same speci-
fications as said streets are now improved" and at such times
as ~uture street improvements are renewed or installed, grantee
shall simultaneously with such street improvements similarly
improve the above mentioned space, and reconstruct tracks in
accordance with requirements contained herein.
All such work shall be done under the
direction, supervision and to the satisfaction of the City Eng-
ineer, agd under regular permit issued there~or in each instance,
as approved by the City Council. In case grantee re~uses or
neglects to comply with the instructions given by the City
. Engineer with respect to paving, repaving or maintenance of
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street sur~acing 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 keep
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.
Section 9. Street Excavations:
Grantee shall
have the right" subject to existing or future orders, ordi-
nances or regulations of the City Council, to make all necessary
excavations in streets for the construction, repair and main-
tenance of tracks and appurtenances. The granting of the fran-
chise shall not be construed to relieve grantee from the pro-
visions 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 a.s 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 satis-
factory condition along such excavations.
Section lO.
Removal of Tracks:
Service on any
portion of tracks may not be abandoned except with the consent
o~ 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 o~ God, or other causes beyond the reasonable
control of the grantee. Unless otherwise authorzed by ordi-
nance consenting to abandonment, the grantee shall in the
event of abandonment, lapse of franchise by the City for non-
pompliance as provided herein, remove rails, ties, poles and
appurtenances from streets and shall reconstruct the pavement
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and other street improvements adjacent to said tracks so that
the work shall join and be contiguous with the work done in ad-
joining portions of the street; all of said work to be done
within six (6) months from the date of said abandomment" 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 o~ 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 II.
Installation of Utilities: The City
reserves the right to itself and under permit by itself to
others, to install" maintain, repair or renew gas, water and
other utility pipes, conduits and appurtenances under or con-
tiguous to said tracks without expense to the grantee and without
loss or damage to its property~ except that grantee shall bear
the expense o~ 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 workmanlke manner. In all cases
where such properties are placed under or contiguous to the
tracks o~ 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 cer-
tificate o~ acceptance o~ such work.
Section 12.
Street Improvements by City:
The City
may change the grade o~ 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 con-
tiguous to said tracks. During the progress of any change of
grade or other type of improvements specified above" the ex-
pense of the following items shall be borne by grantee;
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protection of grantee's property} furnishing of flagmen and watch-
men for grantee's property} temporary crossovers and the in-
stallation thereof; competent inspectors to see that the work
performed by and on behalf of the City is eonstructed in ac-
cordance with good practice and in a a manner that will minimize
the possibility of settlement of tracks during and after con-
struction; restoration of track ballast if necessary; and furnish
install and remove materials and supplies ~or temporary track
support where required. If installation of aewers, storm 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 agency or instrumentality,
when acting in a governmental capacity only, may most economi-
cally 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 andappurtenances and
describe the work to be done and the required temporary location
or relacation of tracks. Within ten (IO) days after the service
thereof on grantee or upon the local manager or agent of
grantee, grantee shall begin and diligently prosecute the des-
ignated 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 same upon presentation of an itemized ac-
count of the cost thereof.
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Section 13.
Annual payments to the City: On or
before March ~irst of each year succeeding the e~fective date
hereof, grantee shall pay to the city in law~ul money of the
United States, two percent (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 the 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 pay-
ment made hereunder shall be proportionate to the time the
franchise is in effect during the calendar year 1947. Payment
shall be made to the City Clerk and shall be accompanied by a
statement in duplicate verified by the oath of the 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 ~ranchise are a part or
to which they connect, the gross receipts, and the method of com-
putation o~ the amount payable, all as defined above.
Section 14. 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
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when such extension of facilities is outside of the limits of
the franchise, the City Council shall first grant such addi-
tional franchise as may be required to cover such extensions.
Grantee shall allow and permit any person, firm or corporation
having necessary franchise or proper authority from the City,
or the city, and each and every one o~ them owning, operating
or using a street railroad or tracks that may be or can be con-
veniently joined tn 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 o~
said tracks shall be paid by all and singular and each and every
one of the persons, firms or copporations, including the City
and by grantee for the use of said tracks as aforesaid.
Section 15.
Transfer o~ Franchise Rights:
The
rights and privileges granted by the franchise are for the
exclusive use of grantee. Grantee shall not sell, trans~er
or assign franchise, nor shall any interest therein or any
right or privilege thereunder be in whole or in part trans-
ferred, leased, or assigned or disposed of by merger, consol-
idation, or by operation of law or otherwise without the consent
of the City expressed by ordinance. Any such consent to assign-
ment or transfer shall be subject to such terms and cohditions
as may be prescribed by the City ,Council. Any such sale,
lease, assignment or other disposition of franchise shall be
evidenced by a duly executed instrument in writing filed in the
of~ice of the City Clerk.
PROVIDED, HOWEVER, that consent of
the City Council shall not be required for any mortgage, trans-
fer in trust, or other hypothecation of grantee's property
generally as security for the issuance of any notes, bonds
or other evidences o~ indebtedness, nor saall the consent of
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1 the City Council be required for any refinancing or refunding
2 of any such notes, bonds or other evidences of indebtedness.
3 In case any portion of the streets covered by the
4 franchise shall become annexed to" or otherwise become a part
5 of, any other municipal corporation or the County o~ Los Angeles,
6 or any other county, then with respect to that portion removed
7 from the jurisdiction of the City, the rights reserved under
8 the franchise to the City o~ Vernon or to any public of~icer
9 thereo~ shall thereupon inure to the benefit of such munici-
10 pal corporation or county and its appropriate officer.
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Section 16. Bond Requirements:
Grantee shall,
12 within five (5) days after the awarding of franchise, file with
13 the City Clerk a corporation surety bond, in duplicate, effective
14 ~or the entire term of the franchise and one year thereafter,
15 running to the City in the penal sum of One thousand dollars
16 ($IOOO.OO) to be approved by the City Council, conditioned that
17 such grantee shall, veIl and trUly observe, fulfill, and perform
18 each and every term and condition of franchise,. and that, in
19 case of any break of the conditions of such bond, the whole
20 amount of the penal sum therein named shall be taken and deemed
21 to be liquidated damages and shall be revoverable jointly and
22 severally from the principal and sureties named in such bond.
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SectioD;. .17 .
Acceptanc~ of Franchise:
The grant-
ing of franchise shall be conditioned upon grantee filing with
the City Clerk at least ten (IO) days before the ordinance
granting franchise becomes effective, a written instrument
accepting ~ranchise and agreeing to perform and be bound by
each and all of the terms and conditions thereo~.
Section 18.
City'S Right to Inspect Property and
Records:
Grantee shall perm! t any
duly authorized representative o~ the City to make a thorough
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investigation into the a~fairs 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 indebted-
ness thereof, and such other matters as the City Councul may
deem proper. At all reasonable times 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, trans-
actions, property and financial condition o~ grantee. Reports
respecting said matters from grantee shall be furnished at such
times and in such form as said City Council may prescribe.
Section 19. Miscellaneous ProviSions: The
granting o~ the ~ranchise 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 indemni~
the City against all claims, demands" actions, suits or
proceedings, and against any liability, loss, cost, or expense
resulting therefrom, which may be 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, privi-
leges, obligations and duties thereunder shall inure to and
shall be binding upon the grantee and his or its successors and
assigns.
Section 20.
That the City Clerk of the City of
Vernon shall oertify to the passage of this Ordinance and cause
the same to be posted in three of the most conspicuous places
in the City of Vernon: At the northwest corner of 38th street
and Santa Fe Avenue, the northwest corner of 37th Street and
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and Santa Fe Avenue, and the Bulletin Board in the lobby o~
the City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue, vernon, California, and that this Ordinance shall be in
full force and effect from and after thirty (30) days of the
date of posting.
ATTEST:
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of Vernon
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State of California
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County of Los Angeles
I" T. J. FllRLDNG" City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance vas duly and
regularly introduced at a regular meeting of the City Council
of said City of Vernon, held on the 3rd day of June, 1947" and
therea~ter finally adopted at a regular meeting of said City
Council held on the 17th day of June, 1947, bJ the following
vote:
AYES: Furlong, Anderson" Trowbridge, Mailliard,
Leonis
NOES: None
ABSENT: None
13.
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AFFIDAVIT OF POSTING
,
State of California l
)
County of Los Angeles :
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City of Vernon )
I, G. A. Anderson, Deputy City Clerk of the City of
Vernon, do hereby certify that I di8 on the l8th day of June, 1947,
post 3 copies of Ordinance 608~, in the following places to-wit:
At the northwest corner of 38th Street and Santa Pe Avenue, at the
northwest corner of 37th Street and Santa Fe Avenue" and on the
bulletin board in the lobby of 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 /A) day of June, 1947.
9....-y~~
G. A. Anderson, Deputy City
Clerk" City of Vernon, Calif.
SUbscribed and sworn to before
me thl.~ day ~ 1947.
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