Ordinance No. 680
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ORDINANCE NO. 680
1 AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO
THE ATCHISON~ TOPEKA AND SANTA FE RAILWAY COMPANY~ A
2 CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO
CONSTRUCT" MAINTAIN AND OPERATE A SPUR TRACK ACROSS AND
3 UPON 30TH STREET IN THE CITY OF VERNON.. CALIFORNIA.
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The City Council of the City of Vernon finds that the Atchison. Topeka
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and Santa Fe Railway Company, a corporation, is a steam railroad
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engaged in interstate business.
8 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
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SECTION 1: That a franchise be and the same is hereby granted
to The Atchison, Topeka and Santa Fe Railway Company, a corporation,
its successors and assigns, for a term of fifty (50) years, to lay. construct.
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maintain. use and operate a railroad spur track upon and across 30th Street.
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in the City of Vernon, County of Los Angeles, State of California, the
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respective center line of said spur track to be between the points and in the
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location described as follows:
Beginning at a point in the southerly line of
30th Street, 60 feet wide. distant thereon 563.38
feet easterly of the easterly line of Santa Fe Avenue.
80 feet wide, said point of beginning being in the
arc of a curve concave easterly havin~ a radius of
240.48 feet bearing North 74032'55.2' East from
said point of beginning; thence northerly along said
curve 60.69 feet to a point in the northerly line of
30th Street. distant thereon 555.30 feet easterly of
the easterly line of Santa Fe Avenue, radial line of
said point bearing North 89000'27.6" East.
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For further particulars, and as a part hereof, reference is
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hereby made to the application therefor and the Division Engineer's
Drawing No. L-4-20279 (2 sheets) accompanying same, said drawing
being dated April 15. 1955, and said application being dated April 18. 1955.
on file in the office of the City Clerk of the City of Vernon.
SECTION 2: That said spur track which may be laid and
operated under this franchise shall be used for the transportation of freight
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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.
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manufacturers and other business industries and enterprises with the
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main line of the Grantee. its successors and assigns~ in said City of Vernon.
SECT ION 3:
That the spur track which may be laid under the
privilege hereby granted shall be constructed of first-class materials~
with Tee rails, weighing 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 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. and
shall include any change in or remodeling of the pavement in vicinity of
said spur track necessitated by the construction of the spur track.
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 immediate vicinity of said spur track.
the Grantee shall, if so directed by the City. remove any
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or all flumes and culverts theretofore constructed and
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replace same with standard catch basins connecting with
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said storm drain. said replacement to be in accordance
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with plans and specifications therefor approved by said
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City Engineer.
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(c)
That the said Grantee, its successors and assigns.
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shall at all times maintain said spur track at the level of
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the official grade and to the full width of said street. as
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now established or as may hereafter be established by said
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City of Vernon; and shall repair. pave or repave that portion
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of the street occupied by said spur track. including the area
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within two (2) feet outside each rail thereof. under the
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instruction of. and to the satisfaction of. said City Engineer.
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(d)
That the said Grantee. its successors and assigns.
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shall. at its own cost and expense. repair. maintain.
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safeguard and support said spur track across or along
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the trench or other excavation in said street. during
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construction or reconstruction of sub-surface structures
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of any kind or description. the installation of which is being
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done under authority of the City of Vernon.
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(e)
That the said Grantee. its successors and assigns.
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shall at its own cost and expense. install. construct. maintain
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and operate all warning signs. bells. lights, traffic signals.
electric track circuits and/or any other safety device and
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appurtenances for the protection or convenience of vehicles
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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.
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(f)
That any neglect. failure or refusal on the part of the
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Grantee. its successors and assigns, to observe and/ or
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comply with any of the terms or conditions herein contained
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shall effect a forfeiture of the right. privilege and permission
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hereby granted. and the City. by its City Council. may
thereupon declare such rights and privileges forfeited; and
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may exclude said Grantee, its successors and assigns from
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any further use of said street occupied by said spur track.
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and the grant hereby made shall thereupon become and
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remain null. void and of no effect.
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(g)
That. upon such forfeiture of the rights and privileges
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granted herein. as provided in paragraph (f). above. or upon
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the abandonment of the use of the spur track constructed
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under this franchise for any reason whatsoever, the Grantee.
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its successors and assigns shall. at its own cost and expense.
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when so ordered by said City Engineer. entirely remove said
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spur track and appurtenances. and shall restore the street
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paving disturbed by such removal. together with all remodeling
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required to bring the street surface in the immediate vicinity
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to official grade with materials of the same quality and thickness
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then existing in said street. all of said restoration work to
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be done under the direction of, and to the satisfaction of. the
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said City Engineer.
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SECT ION 5:
That the City of Vernon. in granting the right.
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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
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1 subject to such other regulations and conditions as may be prescribed
2 from time to time by the City Council of the City of Vernon.
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SECTION 7: That the City Clerk of the City of Vernon shall
4 certify to the passage of this Ordinance. and shall cause the same to be
5 posted in three of the most public places in the City of Vernon, to wit:
6 at the northwest corner of 38th Street and Santa Fe Avenue; the
7 northeast corner of Leonis Boulevard and Pacific Boulevard; and on the
8 bulletin board in the lobby of the City Hall of said City. located at
9 4305 Santa Fe Avenue, all in the City of Vernon. Los Angeles County.
10 California; that this Ordinance shall be in full force and effect thirty (30)
11 days from and after the date of posting.
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ADOPTED and APPROVED this 17 day of May. 1955.
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15 ATTEST:
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17 (.- City Clerk
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19 STATE OF CALIFORNIA )
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20 COUNTY OF LOS ANGELES )
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I." G. A. ANDERSON. City Clerk of the City of Vernon. do
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hereby certify that the foregoing Ordinance was duly and regularly
introduced at a regular meeting of the City Council of the City of Vernon
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held on the 3rd day of May, 1955. and thereafter finally adopted at a
regular meeting of said City Council held on the r 7 day of A",_-\...t]
1955. by the following vote:
AYES: Furlong, Mailliard, Poxon
NOES: None
ABSENT: Anderson,
ernon
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AFFIDAVIT OF POSTING
ST ATE OF CALIFORNIA }
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COUNTY OF LOS ANGELES ) SSe
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CITY OF VERNON )
I.. G. A. ANDERSON. City Clerk of the City of Vernon.
do hereby certify that I did on the /; day of ~~(J . 1955,
post three (3) copies of Ordinance No. 680. one in each of the following
places. to wit: At the northwest corner of 38th Street and Santa Fe
Avenue; at the northeast corner of Leonis Boulevard and Pacific
Boulevard. and on the bulletin board in the lobby of the City Hall
located at 4305 Santa Fe Avenue, in said City, there being no newspaper
of general circulation printed and published in the City of Vernon.
day of ~~'~'J
SIGNED this
iCj
I
. 1955.
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G. A. ANDERSON
City Clerk of the City of Vernon
Subscribed and sworn to before me
this J ,1
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day offfi~
, 1955.