Ordinance No. 6091
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ORDINANCE NO. 609
AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO THE
ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY TO CONSTRUCT,
MAINTAIN AND OPERATE TWO RAILWAY STORAGE TRACKS ACROSS AND UPON
49th STREET IN THE CITY OF VERNON.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
Section 1. That a franchise be and the same is here-
by granted to the Atchison, Topeka and Santa Fe Railway Com-
pany, a corporation, its successors and assigns, for a period
of fifty (50) years, to lay, construct and maintain, use and
operate two railway storage tracks across and upon 49th Street
in the City of Vernon, County of Los Angeles, State of Calif-
ornia, located along respective center lines, described as
follows:
Track "A" - Beginning at a point in the southern line
of 49th St. distant 227.29 ft. westerly
thereon from the southwestern corner of
49th and Hampton Sts. thence northerly 60.00
ft. on a direct line to a point in the northern line
of 49th st. distant 226.65 ft. westerly thereon from
the northwestern corner of 49th and Hampton Sts.
Track "B" - Beginning at a point in the southern line
of 49th St. distant 214.29 ft. westerly
thereon from the southwestern corner of
49th and Hampton Sts. thence northerly 60.00
ft. on a direct line to a point in the northern line
of 49th St. distant 213.65 ft. westerly thereon from
the northwestern corner of 49th and Hampton Sts.
Section 2. That said railway storage tracks which
may be laid and operated under this franchise shall be used for
the transportation 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 railraod company or companies.
Section 3. That the railway storage tracks which
may be laid under the privilege hereby granted shall be con-
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strutted of first -class materials, with standard rails weigh-
ing not less than ninety (90) pounds per yard; shall correspond
to the official 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
street; and all portions of the street occupied by said rail-
way storage tracks, including the areas within two (2) feet
outside each rail thereof, shall be paved under the instructions
of, and to the satisfaction of the City Engineer of the City of
Vernon.
Section 4. The right, privilege and permission
hereby granted shall be exercised and enjoyed subject to the
following conditions:
(a) That no cars or locomotives shall be permitted
at any time to stand upon the street occupied by said
railway storage tracks except during the time actually
employed in switching; and that said railway storage
tracks shall at all times be used so as not to obstruct
the use of said street by vehicles or pedestrians more
than is necessary, consistent with the uses for which said
railway storage tracks are to be constructed.
(b) That the said Grantee, its successors and
assigns, shall construct and maintain all flumes and
culverts for passage of storm waters under said railway
storage tracks whenever and wherever directed to do by
the City Council of the City of Vernon, said construction
to be in accordance with plans and specifications therefor
approved by the City Engineer.
Whenever a public storm water drain will have
been constructed in the immediate vicinity of said spur
tracks, the Grantee shall, if so directed by the City,
remove any or all flumes and culverts theretofore con-
structed 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 City Engineer.
(c) That the said Grantee, its successors and
assigns, shall at all times maintain said railway storage
tracks at the level of the official grade and to the full
width of said street, as now established or as may here-
after be established by the said City of Vernon; and shall
repair, pave or repave that portion of street occupied by
said railway storage tracks, including the area within
two (2) feet outside each rail thereof, under the in-
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struction of, and to the satisfaction of said City
Engineer.
(d) That the said Grantee, its successors and
assigns, shall, at its own cost and expense, rapair,
maintain, safeguard and support said railway storage
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 installation of which is being done under authority
of City of Vernon.
(e) That the said Grantee, its successors and
assigns, shall at its own cost and expense, install,
construct, maintain and operate all warning signs, bells,
lights, traffic signals, electric track circuits and /or
any other safety device and appurtenances for the pro-
tection or convenience of vehicles and pedestrians in
said street, which, at any time, by reason of the exercise
of the rights and privileges granted herein, may be
ordered installed by any Public Body having the authority
to order such installation, construction, maintenance
and operation.
(f) That any neglect, failure or refusal on the part
of the Grantee, its successors and assigns, tocbserve
and /or comply with any of the terms or conditions 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
privileges forfeited; and may exclude said grantee, its
successors and assigns from any further use of said street
occupied by said railway storage tracks, and the grant
hereby 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 railway
storage tracks constructed under this franchise for any
reason whatsoever, the Grantee, its successors and assigns,
shall, at its own cost and expense, when so ordered by said
City Engineer, entirely remove said railway storage tracks
and appurtenances, and shall restore the street paving
distrubed 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 thickness then existing in said street, all
said restoration work to be done under the idirection of
and to the satisfaction of said City Engineer.
Section 5. That the City of Vernon, in granting the
right, privileges and permission herein contained, expressly
reserves the right to grade, pave, macadamise or regrade, repave
and remacadamize the street along and across which the said rail-
way storage tracts are to be constructed, and to construct and
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reconstruct subsurface structures of any and all kinds under
said railway storage tracks.
Section 6. That said railway storage tracks shall
be operated and maintained subjct to such other regulations and
conditions as may be prescribed from time to time by theCity
Council of the City of Vernon.
Section 7. That upon completion of the aforemen-
tioned tracks, the grantee herein shall retire and remove that
portion of its railway storage tracks in 46th street in the City
d' Vernon which are shown in yellow on Division Engineer's Draw-
ing No. LB- 16412.
Section 8. Tha t the City Clerk of the City of Vernon
shall certify 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 Sanfa Fe Avenue, the Northwest corner of 37th
Street and Santa Fe Avenue, and the Bulletin Board in the lobby
of the City Hall of the City of Vernon, located at 4305 Santa
Fe Avenue; that this ordinance shall be in full force and
effect from and after thirty (30) days from the date of posting.
Adopted and approved this / ?1l day „me, 1947.
•
ATTEST: Ir. yo" - City o ernon
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STATE OF CALIFORNIA )
: SS
COUNTY OF LOS ANGELES )
I, T. J. FURLONG, 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 said City of Vernon, held on the 3rd day of June, 1947 and
thereafter finally adopted at a regular meeting of said City
Council held on the 17th day of June, 1947, by the following
vote:
AYES: Furlong, Anderson, Trowbridge, Mailliard, Leonis
NOES: None
ABSENT: None
5
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
State of California )
County of Los Angeles
City of Vernon
I, G. A. Anderaon, Deputy City Clerk of the City of
Vernon, do hereby certify that I dis on the 18th day of June, 1947,
post 3 copies of Ordinance 609 , in the following places to-wit:
At the northwest corner of 38th Street and Santa Fe Avenue, at the
northwest corner of 37th Street aid 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 74) day of June, 1947.
Subscribed and sworn to before
O. A. Anderson, epuG4a?‘
Clerk, City of Vernon, Calif.
day of 4%.-0-g=7".. 1947.
, , i■■34t, tot, CM4ftlY 01 4,4r; s.6at , ;;!.C4.
J. B. LEON'S, MAYOR
CITY COUNCIL
C. H. MAILLIARD
C. W. TROWBRIDGE
G. H. ANDERSON
J. J. PDXON
TELEPHONES
CITY CLERK LAFAYETTE 8878
POLICE DEPT. 8964
ENGR. DEPT. I� O`?46
FIRE DEPT. KIMBALL 2522
CITY HALL
4305 SANTA FE AVENUE
Vi RN®N -11, CAL.aa`®RNIA
1: ay 23, l 7
OFFICERS
T. J. FURLONG, CLERIC
F. G. FRENCH, TREASURER
THOMAS V. CASSIDY, CITY ATTORNEY
FRANCIS BATES, CITY ENGINEER
ERNEST GILES, CHIEF OF POLICE
DR. H. F. BECKER. HEALTH OFFICER
C. B. HUBBARD, POLICE JUDGE
F. H. DONNELLY, FIRE CHIEF
HASKINS & SELLS, AUDITORS
G. A. ANDERSON, DEPUTY CITY CLERK
IN REPLY REFER TO:
-, -3
d. LEONIS, MAYOR
CITY COUNCIL
C. H. MAILLIARD
C. W. TROWBRIDGE
G. H. ANDERSON
J. J. PDXON
TELEPHONES
CITY CLERK LAFAYETTE 8878
POLICE DEPT. 8964
ENGR. DEPT. _ 0946
FIRE DEPT. KIMBALL 2522
CITY HALL
4905 SANTA FE AVENUE
VFRNON -11, CALIFORNIA
Honorable City Council
City of Vernon
Vernon, California
Gentlemen:
May 23, 1947
OFFICERS
T. J. FURLONG, CLERK
F. G. FRENCH, TREASURER
THOMAS V. CASSIDY, CITY ATTORNEY
FRANCIS BATES. CITY ENGINEER
ERNEST GILES. CHIEF OF POLICE
DR. H. F. BECKER, HEALTH OFFICER
C. B. HUBBARD, POLICE JUDGE
F. H. DONNELLY, FIRE CHIEF
HASKINS & SELLS, AUDITORS
G. A. ANDERSON, DEPUTY CITY CLERK
IN REPLY REFER TO:
Files: L -C -8
4 -A -4
2 -F -11
The attached application from the Atchison, Topeka
and Santa Fe Railway Company, dated May 20, 1947, for grant
of franchise to construct two additional yard tracks across
49th Street, westerly of Hampton Street, in the City of Vernon,
was referred to me for investigation and report.
The construction of these two tracks across 49th
Street would connect existing stub end yard tracks and thus
complete the Railway Company's i;_alabar Yard. As part of the
application, and ccntigent upon the granting thereof, the
Railway Company proposes to retire a portion of its railroad
spur track lying in 46th Street, thus greatly reducing the
potential area that now might be served from that track.
In my opinion, the removal of trackage in 446th
Street, with consequent reduction of switching movernents to
and from the Lalabar Yard, would largely eliminate our for-
mer objections to the proposed 49th Street crossings, and
it is therefore recommended that the request be granted, pro-
vided:
(1) The franchise contain all the usual terms, pro-
visions and conditions, in form similar to that
contained in Franchise Ordinance No. 604, hereto-
fore approved by your Honorable Body.
Honorable City Council
Page Two May 23, 1947
(2) The Railway Company agrees to remove the
track, including all cross -ties, switches,
points, frogs and crossing frogs, in 46th
Street, between the turnout switch connecting
with the Los Angeles Junction Ry. tracks and
the east line of Soto Street; and to replace
the street pavement, or other improvements,
disturbed by such removal; all to be done under
such permits as are usually required by the City
for similar work, and to be completed to the sat-
isfaction of the City Engineer.
FB /bre
cc: Thos. V. Cassidy
Respectfully submitted,
Francis gates,
City Engineer
TO THE HONORABLE THE CITY COUNCIL
OF THE CITY OF VERNON
STATE OF CALIFORNIA
Gentlemen:
The undersigned, THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a corporation, presents this its petition and
respectfully states:
1. That petitioner owns and operates a line of rail-
road in and through the City of Vernon, County of Los Angeles,
State of California, and elsewhere.
2. That to more efficiently serve industrial property
in the City of Vernon, petitioner proposes to enlarge its exist-
ing facilities at its Malabar Yard by the construction of two
railroad storage tracks across 49th Street in said City at the
places shown in red on the map and profile of Division Engineer's
Drawing Number L -4 -14667 attached hereto, marked Exhibit "A" and
by this reference made a part hereof.
3. That the granting of a franchise to construct, main-
tain and operate the said tracks across said street would be in
the public interest.
4. That the center line of the proposed storage tracks
"A" and "B" of The Atchison, Topeka and Santa Fe Railway Company
across 49th Street in the City of Vernon are more particularly
described as follows:
Track "A " -- Beginning at a point in the
southern line of 49th St. distant 227.29 ft.
westerly thereon from the southwestern corner
of 49th and Hampton Sts, thence northerly
60.00 ft. on a direct line to a point in the
northern line of 49th St. distant 226.65 ft.
westerly thereon from the northwestern corner
of 49th and Hampton Sts.
Track "B " -- Beginning at a point in the
southern line_of 49th St. distant 214.29 ft,
westerly thereon from the southwestern corner
of 49th and Hampton Sts. thence northerly
60.00 ft, on a direct line to a point in the
northern line of 49th St. distant 213.65 ft.
westerly thereon from the northwestern corner
of 49th and Hampton Sts.
5. That upon completion of the aforementioned tracks
applicant proposes to retire that portion of its railroad track
in 46th Street in the City of Vernon, which is shown in yellow
on Division Engineer's Drawing No. L -8 -16412 hereto attached and
marked Exhibit "B ", and by this reference made a part hereof.
Petitioner, therefore, requests that the City of Vernon grant
any necessary authority prerequisite to the retirement of that
portion of petitioner's 46th Street lead heretofore mentioned.
WHEREFORE, your petitioner respectfully requests that
your Honorable Body grant to it a franchise or permit to con-
struct, maintain and operate said storage tracks across 49th
Street at the location hereinabove described and permit or
authorize the retirement of petitioner's said track in 46th Street.
Dated
THE ATCHISON, TOPEKA AND SANTA FE
Rk L1rW COMPANY
By (� l �� y
Its General Manager
, 1947.
Ap. 28587 NAW :AP
Decision No. 4056
BEFORETHE PUBLIC UTILITIES; COE":1TISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of
THE ATCHISON, TOPEKA AND SANTA FE
RAILGWAY COMPANY, a corporation, for
authority to construct and maintain
two railway storage tracks and to
operate trains over and on said tracks
across 49th Street in the City of
Vernon, County of Los Angeles, State
of California.
O R D E R
Application No. 28587
The Atchison, Topeka and Santa Fe Railway Company is author-
ized to construct two additional side tracks at grade across 49th
Street in Vernon, Los Angeles County, at the locations described in
the application, to be identified as a portion of Crossing No.
2H -1.3. Applicant shall bear entire construction and maintenance
expense. Construction of said crossing shall be equal or superior
to Standard No. 2 of G. 0. No. 72, without superelevation and of a
width to conform to the portion of the street now graded, with tops
of rails flush with roadway and with grades of approach conforming
substantially with official street grades. Protection shall be by
existing Standard No. 1 crossing signs (G. 0. No. 75 -B).
Within thirty days after completion pursuant to this order,
applicant shall so advise the Commission in writing. This author-
ization shall become void if not exercised within one year unless
time be extended or if above conditions are not complied with.
Authorization may be reN5ol.ced or modified if public convenience,
necessity, or safet' so require. This order shall be effective
twenty (20) days from the date hereof.
Dated at ,� California,
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HAROLD P. I-IULS
JUSTUS F. CI:Ai 'MER
IRA H. ROW ELL
mommMIIIIMMOMOMOMMIM
Commissioners