Ordinance No. 701
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ORDINANCE NO.
701
AN ORDINANCE OF THE CITY OF VERNON SPECIFYING THE ST ANDARDSI
3 TERMS AND CONDITIONS UPON WHICH RAILROAD SPUR TRACK
FRANCHISES MAY BE GRANTED BY SAID CITY.
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THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWSJ
SECTION 1:
That spur tracks which may be laid and
7 operated under any franchise granted by the City of Vernon shall be used
8 for the transportation of freight only and not as any part of a main line;
10 and from connecting warehouses. manufactories and other business in-
9 and shall be used solely for the purpose of receipt and delivery of freight to
11 dustries and enterprises with the main line of the grantee. its successors
12 and assigns" in said City of Vernon.
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SECTION 2:
That the spur track and appurtenances thereto
14 which may be laid under the privilege granted shall be constructed of first-
15 class materials, with girder rails, section RE 7-A original. weighing not
16 less than one hundred and twenty-eight (128) pounds per yard; shall correspon
17 to the official grade of the street across or along which it may be placed. as
18 established by said City of Vernon, the top of rails to be flush with the sur-
19 rounding surface of the street; and all portions of the street occupied by the
20 said spur track, including the areas within two (2) feet outside each rail
21 thereof, shall be paved under the instructions of. and to the satisfaction of,
22 the City Engineer of the City of Vernon. and shall include any changes in or
23 remodeling of the pavement in the vicinity of said spur track necessitated by
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24 the construction of the track.
SECTION 3:
The right. privilege and permission granted
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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.
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(b) That the 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 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 specifica-
tions therefor approved by the City Engineer.
(c) That the 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 out-
side each rail thereof. under the instruction of, and to the satisfaction of.
the 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 de-
scription. the installation of which is being done under authority of the City
of Vernon.
(e) That the 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 protection or convenience of vehicles
and pedestrians in said street. which, at any time. by reason of the exercise
of the rights and privileges granted. 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
grantee. its successors and assigns, to observe and/or comply with any of
the terms or conditions herein contained shall effect a forfeiture of the right.
privilege and permission granted by any franchise ordinance. and the City.
by its City Council. may thereupon declare such rights and privileges for-
feited; and may exclude grantee, its successors and assigns from any
further use of said street occupied by said spur track, and the grant made
shall thereupon become and remain null. void and of no effect.
(g) That, upon such forfeiture of the rights and privileges
granted as provided in paragraph (f) above, or upon the abandonment of the
use of the spur track constructed under any franchise for any reason whatso-
ever. the grantee, its successors and assigns shall. at its own cost and ex-
pense, when so ordered by the City Engineer. entirely remove said spurtrack
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 City Engineer.
SECTION 4:
That the City of Vernon. in granting the right,
privileges and permission contained in any franchise, 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 sub -surface structures of any and all kind
under said spur track.
SECTION 5:
That said spur track shall be operated and
maintained subject to such other regulations and conditions as may be pre-
scribed from time to time by the City Council of the City of Vernon.
SECT ION 6:
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 public places in the City of Vernon. to wit: at
the northwest corner of 38th Street and Santa Fe Avenue; at the northeast
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14 ST ATE OF CALIFORNIA )
) SSe
15 COUNTY OF LOS ANGELES )
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1
corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin I
board in the lobby of the City Hall of said City. located at 4305 Santa Fe Avenui'
all in the City of Vernon, Los Angeles County, California; that this Or- I
dinance shall be in full force and effect thirty (30) days after the date of I
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posting. '
ATTEST:
G. A. ANDERSON. CITY CLERK
BY~
Dep y City Clerk
I" G. A. ANDERSON. City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance No. 701 was duly and regularly
introduced at a regular meeting of the City Council of the City of Vernon
held on July 2, 1957. and thereafter finally adopted at a regular meeting
of said City Council held on July 16. 1957, by the following vote:
AYES: Councilmen: Anderson, Furlong, Mailliard,
Malburg, Poxon
NOES: Councilmen: None
ABSENT: Councilmen: None
G. A.
ANDERSON" CITY CLERK
~,
F /t:::::::r
Deputy City Clerk
By
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AFFIDAVIT OF POSTING
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STATE 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 17th day of July. 1957. post three (3)
copies of Ordinance No. 701. one in each of the following places. to wit:
At the northwest corner of 38th Street and Santa Fe Avenue; at the north-
east corner of Leonis Boulevard and Pacific Boulevard. and on the bulletin
board in the lobby of the City Hall located at 4305 Santa Fe Avenuel in
published in the City of Vernon.
said City, there being no newspaper of general circulation printed and
Signedthis 17th day of July. 1957.
Subscribed and sworn to before me
this 7- day of July, 195'1.
'~
;' , ~d
NOf~ Ie III an - for the County
of LOB Angeles, State of California.
G. A. ANDERSON, CITY CLERK
OF THE CITY OF VERNON, CALIFORNIA
By ~~er
Deputy City Clerk