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Ordinance No. 620 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDINANCE NO .fAl.o AN ORDINilliCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO THE LOS ANGELES JUNCTION R..4.ILWAY COMPANY, A CORPORATION, AND ITS SUCCESSORS l\ND ASSIGNS, A FRANCHISE TO CONSTRUCT, ~AINTAIN AND OPERATE ONE (1) SPUR TRACK ACROSS AND UPON 44TH STREET IN THE CITY OF VERNON. THE CITY COUNCIL OF THE CITY OF VEffi~ON DOES ORDAIN AS FOLLOWS: Section 1: That a franchise be and the same is hereby granted to Los Angeles Junction Railway Company, a corporation, its successors and assigns, for a term of fifty (50) years, to lay, construct, maintain, use and operate one (1) railroad spur track upon and across 44th Street, in the City of Vernon, County of Los Angeles, State of California, the center line of said spur track to be between the points and in the location described as follows: Beginning at a point in the Souther11 line of 44th Street, eo feet wide, distant North e8050'17tt East 876.325 feet along said Southerly street line from its intersection with the center line of Soto Street, 80 feet wide; thence North 42054'56tt East 111.359 feet to the Northerly line of said 44th Street. For further particulars, and as a part hereof, reference is hereby made to the application therefor and the map accom- panying same, dated August 8, 1949, on file in the office of the City Clerk of Vernon. Section 2: That said spur track which may be laid and 23 operated under this franchise shall be used for the transporta- 24 tion of freight only and not as any part of a main line; and 25 shall be used solely for the purpose of receipt and delivery of 26 freight to and from connecting warehouses, manufactories and 27 other business industries and enterprises with the main line of 28 the Grantee, its successors and assigns, in said City of Vernon. 29 30 31 32 Section 3: That the spur track which may be laid under the privilege hereby granted shall be constructed of first-class materials, with standard rails weighing not less than ninety (90) pounds per yard; shall correspond to the official grade of the - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 the said spur track, 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 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, consistent with the uses for which said spur track is 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 spur track whenever or wherever directed to do so 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 irunediate vicinity of said spur track, the Grantee shall, if so directed by the City, remove any or all flumes and culverts theretofore constructed and replace same with standard catch basins connecting with said storm drain, said replacement to be in accordance with plans and - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 specifications therefor approved by said City I!.ngineer. (c) That the said Grantee, its successors and assigns, 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 instruction 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, repair, maintain, 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 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 ex- ercise 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, to ob- - 3 - 1 2 3 4 5 6 7 8: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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, 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 spur track, 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 priv- ileges granted herein, as provided in paragraph (f), above, or upon the abandonment of the use of the spur track. 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 spur track 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 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. 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, repave and remacadamize the street along and across which the said spur track is to be constructed, and to construct and reconstruct 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 conditions - 4 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 31 32 .. .--(- j 1 as may be prescribed from time to time by the Council of the 2 Ci ty of Vernon. 3 Section 7: That the City Clerk of the City of Vernon 4 shall certify to the passage of this Ordinance, and shall 5 cause the same to be posted in three of the most conspicuous 6 places in the City of Vernon, 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 on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe 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. Adopted and approved this 6th day of September , 1949. ATTEST: /~~~ /?.~ 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 the City 26 of Vernon held on the 16th day of August , 1949, and thereafter finally adopted at a regular meeting of said City Council held on the 6th day of September , 1949, by the following vote: AYES: Anderson, Furlong, Trowbridge NOES: None ABSENT: Leonis, Mailliard ernon - 5 - 10 11 12 13 14 15 16 17 18 19 20 21 1 2 AFFIDAVIT OF POSTING 3 State of California ) ) 4 County of' Los Angeles ) ) 5 City of Vernon 6 I, T. J. FURLONG, City Clerk of the City of Vernon, 7 do hereby certify that I did on the ~TH day of September 8 1949, post ~ copies of Ordinance No. 620 , in the 9 following places to-wit: At the northwest corner of 38th Street and Santa Fe Avenue, at the northwest corner of 37th Street and on the bulletin board OcA+' )\,tfl, 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 Citv of Vernon. S~gned this 71> day :1' ~~ , 1949. Vernon Sub scribed ~ and sworn to bef'ore me day 01'~~1>-< this , 1949 22 ~ 23 24 25 26 27 28 29 30 31 32 \1{"~;,"-' r'nc';'r': ?nr: l'{\~, the County '')1 .(y ingele?, ~Lj~(' u.c Ca;ho.ui... L~~ ': .-' ~c:: :-:~'.~_,:. :,;; :..::;i.:..;ch lOjo 1953 - 6 - SUPPORTING DOCUMENTS ~t'"'" - j.... F. G. FRENCH, TRO:A.URO:R THOMAS V. CASSIDY. CITY ATTORNEY FRANCIS BATES, CITY ENGINEER ERNEST GILES, CHIE" 0" POLICE DR. E. H. HALL, HEALTH O....ICER C. B. HUBBARD. POLICE JUDGE F. H. DONNELLY, FIRE CHIE" _. ".ANDERSON J. B. LEON/S C'-H. MAILLIARD C. W. TROWBRIDGE TE1..IlPHONE8 CITY CLERK LA"AYETTE 6676 POLICE DEPT. .. 6964 ENGR. DEPT. 0846 I"IRE DEPT. KIMBALL 21122 HASKINS 8< SELLS, AUDITORS G. A. ANDERSON. DEPUTY CITY CLERK CITY HALL 48011 .ANTA FE AVENUE ~ \ ~ r.J ~./-).-^,,/'''''~' VERNON 11, CALIFORNIA .", 0 r .y:,/..~" ~, $ \, \~J'/~O) tY...... August 13, 1949 w /ii:~//--/ . ,/ ,,,,_/,1-' "".-' ~onorable City Council City of Vernon Vernon, California Gentlemen: IN REPLY REFER TO: Files: 4-c-8 2-F-2l 4-C-l 4-L-7 In connection with the dedication of 44th Street by the Santa Fe Land Improvement Company, Los Angeles Junction Railway Company simultaneously have filed the attached application for franchise covering a track crossing over the newly dedicated street. This procedure is in accordance with our under- standing with the Company and we have prepared and submit herewith a franchise form which would be satisfactory to me. It is therefore recommended that same be approved, subject to approval as to form by the City Attorney, and that the necessary ordinance be adopted and approved at as early a date as convenient. ~espectfully submitted, 11 CMA-~k Francis Bates, City Engineer FB/bre cc: Mr. Carson B. Hubbard, City Attorney -- \ ,\. C..J. LUMPP VICE~PRES. & GEN. MGR. LOS ANGELES 12s h'getes J\t1.\eliol\ Ra.ilwa.~ Compat\~ Vernon Cit,y Council Vernon, California Gentlemen: TELEPHONE JEFFERSON 3241 4500 DOWNEY ROAD LOS ANGELES August 8, 1949 Application is hereby made for permission to construct and lay across 44th street a railroad track to serve property on the north side of 44th street the center line of which is indicated in red on the attached print. The legal description of the center line of the track crossing 44th street would be as follows: Beginning at a point in the Southerly line of 44th Street, 80 feet wide, distant North 880 50t 17" East 876.325 feet alongsu(Southerly street line from its intersection 'With the Qenter 1ine of Soto Street, 80 feet wide; thence North 420 54' 56" East nl.359 feet to the Northerly line of said 44th Stree.t. Your favorable consideration and approval of this application is requested at your next Council :Meeting. GF:cm Very truly yours, LOS ANGELES JUNCTION RAILWAY COMPANY ~----- _.....- ,,- j - esident & General Manager ~! C 1E H V,ETr\\ CITY ENGINEER ll:d) AUG 121949 crTY OF VERNON