Ordinance No. 1049
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ORDINANCE NO. 1049
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTERS 19 AND 22 OF THE CODE
OF THE CITY OF VERNON TO CONSOLIDATE, AMEND AND
REORGANIZE PROVISIONS PERTAINING TO STREETS; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH
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WHEREAS, it will improve the administration of the Code
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of the City of Vernon if various code sections pertaining to
streets are consolidated under Chapter 22, "Streets and
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Sidewalks," of the Code of the City of Vernon; and
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WHEREAS, Chapter 19, "Railroads," of the Code of the City
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of Vernon pertains to the speed of trains on or across public
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streets and to franchises for the installation, operation, and
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maintenance of spur tracks across public streets within the City
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of Vernon and should be so consolidated; and
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WHEREAS, certain sections in Chapters 19 and 22 of the
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Code of the City of Vernon need to be corrected and clarified by
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amendment; and
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WHEREAS, it will benefit the health, safety, comfort,
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convenience, and general welfare of the City of Vernon, its
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residents, businesses, and employees to adopt the provisions
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contained herein.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The city Council of the city of Vernon hereby
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amends Chapter 22, "Streets and Sidewalks," of the Code of the
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city of Vernon, as follows:
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A. Existing Code sections 22.1 and 22.2 of Article I,
"In General," are amended to read as follows:
Sec. 22.1. City engineer---Office created.
There is hereby created and established the office of
city engineer. The director of community services shall be
the city engineer. The city engineer shall hold the position
at the pleasure of the city council.
Sec. 22.2. Same---powers and duties.
The city engineer shall also be known as the traffic
engineer and as the superintendent of streets, and shall have
charge and control of all the public streets, alleys and
public places in the city, and shall perform such work
thereon and discharge such duties in connection therewith as
may be assigned by the city council from time to time.
B. sections 22.3 and 22.4 are reserved for future use.
SECTION 3: The City Council of the City of Vernon hereby
amends Chapter 19, "Railroads," of the Code of the City of Vernon,
as follows:
A. Article I, "In General," of said Chapter 19, is
hereby reconstituted as Article II, "Train Operation," of Chapter
22, "Streets and Sidewalks."
B. Existing Code section 19.1 shall become section 22.5
of said Article II of Chapter 22.
C. Sections 22.6 through 22.9 of said Article II of
Chapter 22 are reserved for future use.
D. Article II, "Railroad Spur Track Franchises," of
said Chapter 19 is hereby reconstituted as Article III, "Railroad
Spur Track Franchises," of said Chapter 22.
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1 E. Existing Code sections 19.2 and 19.3 of the Code of
2 the City of Vernon shall become Sections 22.10 and 22.11,
3 respectively, of said Article III, of Chapter 22 and are amended
4 to read as follows:
5 Sec. 22.10. Restrictions on use of spur tracks.
6 Spur tracks which may be laid and operated under any
7 franchise granted by the city shall be used for the
8 transportation of freight only and not as any part of a main
9 line, and shall be used solely for the purpose of receipt and
10 delivery of freight to and from warehouses, manufacturers and
11 other business industries and enterprises in the city
12 connected with the spur track. For purposes of this article,
13 spur track includes a drill track to which various spur
14 tracks may be connected.
15 Sec. 22.11. specifications for spur tracks; to correspond
16 with street grades; paving of contiguous
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18 The spur track and appurtenances thereto which may be
19 laid under the privilege granted by this article shall be
20 constructed of first-class materials, with girder rails,
21 section RE 7-A original, weighing not less than one hundred
22 and twenty-eight (128) pounds per yard, and shall correspond
23 to the official grade of the street across or along which it
24 may be placed, as established by the city. The top of the
25 rails shall be flush with the surrounding surface of the
26 street. All portions of the street occupied by the spur
27 track, including the areas within two (2) feet outside each
28 rail thereof, shall be paved under the instructions of, and
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to the satisfaction of, the city engineer, and shall include
any changes in or remodeling of the pavement in the vicinity
of the spur track necessitated by the construction of the
track. To the extent possible, any new or reconstructed
crossings shall utilize prefabricated concrete panels
consistent with the foregoing requirements.
F. Existing Code section 19.4 shall become Section
22.12 of said Article III of Chapter 22 and is amended to read as
follows:
Sec. 22.12 Conditions upon granting of franchise.
The rights, privileges and permission granted by this
article shall be exercised and enjoyed subject to the
following conditions:
(a) Cars standing on streets. No cars or locomotives
shall be permitted at any time to stand upon the street or
streets occupied by a spur track except during the time
actually employed in switching. The spur track shall at all
times be used so as not to obstruct the use of any street by
vehicles or pedestrians more than is necessary, consistent
with the uses for which the spur track is to be constructed.
(b) Flumes, culverts and storm drains. The grantee, its
successors and assigns shall construct and maintain all
flumes and culverts for passage of storm waters under the
spur track whenever or wherever directed to do so by the city
council. The construction shall be in accordance with plans
and specifications therefor approved by the city engineer.
Whenever a public storm drain will have been constructed
in the immediate vicinity of the spur track, the grantee
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shall, if so directed by the city engineer, remove any or all
flumes and culverts theretofore constructed and replace same
with standard catch basins connecting with the storm drain.
The replacement shall be in accordance with plans and
specifications therefor approved by the city engineer.
(c) street grade and paving. The grantee, its
successors and assigns, shall at all times maintain the spur
track at the level of the official grade and to the full
width of the street, as now established or as may hereafter
be established by the city. The grantee shall repair, pave
or repave that portion of the street occupied by the spur
track, including the area between the rails and within two
feet outside each rail thereof, under the instruction of and
to the satisfaction of, the city engineer.
(d) Repairs, etc. The grantee, its successors and
assigns, shall at its own cost and expense, repair, maintain,
safeguard and support the spur track across or along the
trench or other excavation in the street, during construction
or reconstruction of subsurface structures of any kind or
description, the installation of which is being done under
authority of the city.
(e) Warning devices. 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 or any other
safety devices and appurtenances for the protection or
convenience of vehicles and pedestrians in the street, which,
at any time, by reason of the exercise of the rights and
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privileges granted, may be ordered installed by any public
body having the authority to order such installation,
construction, maintenance and 'operation.
(f) Termination of franchise. Any neglect, failure or
refusal on the part of the grantee, its successors and
assigns, to observe or comply with any of the terms or
conditions contained in this article shall constitute a
breach of the right, privilege and permission granted by any
franchise ordinance. The city council after notice and
public hearing may thereupon declare such rights and
privileges terminated, and may exclude grantee, its
successors and assigns from any further use of the street
occupied by the spur track, and the grant made shall
thereupon become and remain null, void and of no effect.
(g) Removal of track. Upon such termination 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 whatsoever,
the grantee, its successors and assigns shall, at its own
cost and expense, when so ordered by the city engineer, ,
entirely remove the spur track and appurtenances and shall
restore the street paving, together with all reconstruction
required to bring the street surface in the immediate
vicinity to official grade with materials of the same quality
and thickness then existing in the street. All of the
restoration work shall be done under the direction of, and to
the satisfaction of, the city engineer.
III
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1 G. Existing Code sections 19.5 and 19.6 of the Code of
2 the City of Vernon shall become Sections 22.13 and 22.14,
3 respectively, of said Article III of Chapter 22.
4 SECTION 4: The City Council of the City of Vernon hereby
5 amends section 22.87 of Article VI, "Encroachments," of said
6 Chapter 22 of the Code of the City of Vernon to read as follows:
7 Sec. 22.87. Same-Same-Railroad spur tracks.
8 All franchises granted by the city council to lay,
9 maintain, and operate spur tracks for the transportation of
10 freight only and for the purpose of receipt and delivery of
11 freight to and from warehouses, manufacturers, and other
12 businesses, industries and enterprises connected by spur
13 track with the main line of the franchise holder, shall
14 comply with this article and with all the terms, conditions
15 and standards as set forth in Article III of this chapter.
16 If the terms and conditions set forth in Article III of this
17 chapter are in conflict with the terms and conditions set
18 forth by this article, the more restrictive shall govern.
19 SECTION 5: The renumbering of any article or section of
20 the Code of the City of Vernon shall not constitute a change'in
21 its intent or purpose, and it shall have the same effect and
22 enforceability as if it had never been renumbered. Any code
23 section numbers not used shall be reserved for future use.
24 SECTION 6: Any ordinance, part of an ordinance, or code
25 section in conflict with this ordinance is hereby repealed.
26 SECTION 7: If any section, subsection, sentence, clause,
27 phrase or word of this ordinance is for any reason held to be
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validity of the remaining portions of this ordinance; it being the
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intention of the city Council of the city of Vernon to pass and
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adopt this ordinance and each section, subsection, sentence,
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clause or phrase thereof irrespective of the fact that one or more
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of the sections, subsections, clauses, sentences or phrases
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thereof may be declared to be invalid or unconstitutional.
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SECTION 8: There being no newspaper printed, published
8 or circulated in the City of Vernon, the city Clerk is hereby
9 directed to certify to the passage of this ordinance and shall
10 post the same, or cause the same to be posted, within fifteen (15)
11 days after its passage in accordance with section 36933 of the
12 Government Code, in three (3) of the most public places in the
13 City of Vernon, to wit: the northwest corner of 38th Street and
14 Santa Fe Avenue, the northeast corner of Leonis Boulevard and
15 Pacific Boulevard, and on the bulletin board in the lobby of the
16 City Hall of said City, located at 4305 Santa Fe Avenue, all in
17 the City of Vernon, County of Los Angeles, State of California.
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SECTION 9: This ordinance shall be in full force and
19 effect thirty (30) days from and after its passage by the City
20 Council.
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APPROVED AND ADOPTED this 2 day of
June
1997.
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~~.J.
/J1'I'/~~ LEONIS c. MALg1\JRG, May r
MALKENHORST, City Clerk
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ATT~
BRUCE V.
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 1049, was duly and regularly introduced at a regular
meeting of the city Council of the City of Vernon, held on
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Tuesday, May 20, 1997, and thereafter finally adopted at a regular
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meeting of said city Council held on Tuesday,
June 2
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1997, and thereafter was duly signed by the Mayor of the City of
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Vernon, by the following vote:
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AYES: 4
Councilmen: Malburg, Ybarra, Gonzales
Davis
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NOES: 0
Councilmen: None
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ABSENT: 1
Councilmen: McCormick
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BRUCE V. MALKENHORST, City Clerk
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20 (SEAL)
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
ST ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ~
CITY OF VERNON
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I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, do hereby certify that on the 10th day of June
1997, there was posted three (3) copies of:
ORDINANCE NO. 1049 - An Ordinance of the City of Vernon
Amending Chapters 19 and 22 of the Code of the City of
Vernon to Consolidate, Amend, and Reorganize Provisions
Pertaining to Streets; and Repealing All Ordinance or
Parts of Ordinances in Conf1ict therewith
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
~~~d and published in the City of Vernon.
Chief Deputy City Clerk
Date/~ /<<J /Y ~/
Subscribed and sworn to before
me this \a~of -::r",,,,,,,,Q... 1997
c:=f::)_J;;) 1'\ Q . W
~:-:~K-..~,~I,.-. c\. '.. ~(":- <>..~S~'l
Notary Public in and for the
County of Los Angeles, State
Of Ca1ifornia
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@,.'.SHARONL.DUCkWORTH f
... .'. .?' .. \ COMM. # 1061096
i : -~. ; Notary PIbIlc - California I
. ., LOS ANGELES COUNlV ...
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