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HomeMy WebLinkAboutOrdinance No. 84ORD I N A 9 C F No. S`1 An Ordinance of the Board of Trustees of the City of Azusa, granting to the LOS ANGELES ISTTFR-URBAN RAILWAY COMPANY, and its successors and assigns, the right to construct, maintain and operate for the term of fifty years, a railroad upon certain streets in the said City of Azusa, together with certain appur- tenant and incident, rights, and to construct, use and maintain a single or double line of railroad tracks thereon, and operate a rail -road across and over certain streets, or across and over private right of way, and also granting to said LOS ANGELES INTER -URBAN RAILWAY COXPANY and its assigns the right to use electricity for the .purpose of propelling cars and trains on and, over any of such railroad tracks within the City of Azusa. The Board of Trustees of the City of Azusa do ordain as follows: Section 1. That the right and privilege be, and the same is hereby granted to LOS ANGELES INTER -URBAN RAILWAY COMPANY, its suc- cessors and assigns, tu construct, maintain and operate, for the period of fifty (50) years, a steam railroad as a part and extension of a line of railroad to be. cc:�structed, maintained and operated between the City of Azusa, California, and other cities and towns, to be single or double tracks, in whole or in part, at the option of said grantee, its successors and assigns, over the route and along and upon the streets or portions of streets, in the City of Azusa, described as follows, to -wit: Commencing at the Westerly end of Ninth Street, in the City of Azusa, as shown on map of Town of Azusa recorded in Book 15 of Piis- cellaneous Records of Los Angeles County, California, at page 93 thereof, said Westerly end of Ninth Street, being also in the Easterly line of Lot Fifty-five (55) of the Subdivision No. 2 of the Azusa Land & Water Company, as per map of said Subdivision recorded in Bock 43 of Miscellaneous Records of said Los Angeles County, A;t page 94 thereof; thence Easterly ali:ng said Ninth Street to the Easterly end of same, as shown on above mentior_ed map of the Town of Azusa, said Easterly end being in the Westerly line ofLot Eighty-five (85) -1- of above mentioned Subdivision No. 2 of ALusa Land & Water Company. Together with the right to construct all necessary switches, turnouts, curves, connections at street intersections, and all ap- pliances and necessary convenient structures, attachments, stations, depots, fixtures,and machinery for the accomodation and i?se of its other p;,ssengers, freight and^business,x+.,hat may be necessary for the pur- pose of operating said road and enablinf; it to be as effective as the best railroad. Section 2. That the terms and conditions upon which this said franchise is granted, are the following, to -wit: First. That the said railroad commenced and operated under this said franchise, shall be used for• the transportation of pas- sengers, United States mails, baggage and freight; and thatt the tracks to be laid, under this franchise, shall be placed as nearly equidistant from the center of the street as possible, and where the road is double tracked, as near each otter as a proper regard for safety will. allow. Second. That said grantee, and its successors and assigns, shall use good materials in the construction of said road, and the said road shall be built in a good and workmanlike manner; and the said grantee, and its successors and assigns, shall, at its, his or .In ,..., their own cost and expense, pave ^or macadamise the said road between th.e rails, and between the tracks, and for t: -to feet on each side - thereof, where said road is constructed in streets or across streets, with the same material used for the city and under the sale specifi- cations and in the same manner as upo`ri the streets over which the said roads run respectively, and shall keep the same constantly pav d,orr macadaraized and in repair, flush with said streets, and provided with suitable crossings, and shall make the roadbed conform, at all times, to the established grade of said streets; provided, however, that where any of the abcve.streets have been graded or -2- , Otherwise improved, prior to the granting of said franchise, said roadbed and rails shall conform with, and be. flush with the surface of said graded or otherwise improved street or streets, whether such surface be above or below the official grade of said street or streets, and on all other street or streets the said roadbed and rails shall conform to suc:-1 official grade as aforesaid; all repairs and grading on said street or streets to be made under the direction of and to the satisfaction of the Board of Trustees or the Street Superintendent of the City of .Azusa , and at the expense of the party receiving this franchise. In case the said grantee or assigns shall fail to comply with the instructions given, cr the provisions herein contained, the said Street Superintendent shall enter upon said street or streets and do the work as ordered by the Board of Trustees, and the said 'Street Superintendent shall keep an itemized account cf the cost of said work, which said grantee, by the acceptance of this franchise, hereby agrees to pay immediately upon presentation to said grantee; pro- vided that said last remedy shall not operate as a waiver of the forfeiture of this franchise if said roadbed and tracks are not kept in repair as herein provided. Provided, further, that said grantee, its successors or assigns, Shall construct all necessary flumes and culverts for the free pas- sage of water under the tracks and across the street or streets where the same naturally flows, and that all curves, acqueducts, turnouts and switches shall be constructed under plans and specifi- cations approved by the Board of Trustees. Provided, further, that cars shall be run over the ruacl con- structed under this franchise, every dail unless Prevented b,i- the elements, strikes, or unavoidable causes. Provided, further, that said grantee and its successors and assigns, a. g shall have the ri;�ht to excavate and remove portions of said y{ -v- I- streets necessary to properly construct said road, and to erect needful apparatus, boilers, engines,, and other appliances to properly equip and run said road or roads;Kprovided, further, that the City cf Azusa, in granting said f ranc;ise, expressly reserves the right to Y% It -k. pave$,,macadamize, .renew or sewer any of said streets, or to lay gas, water, or other pipes therein, said work to be done so as to injure said road as little as possible. Third. That the rates of charges for the transportation of Passengers and freights by the said grantee, its successors and as- signs, shall be those established by the Board of Railroad Corunis- sioners of the State of California, and the provisions of the general law of the State of California, including the provisions prescribed in Chapters II arra III, title ice-, Part IV of the Civil Code, pro- vided, however, that said grantee, its successors and assigns shall carry free on passenger cars, mail carriers, the City Marshall and his deputies, all regular and special police officers and firemen of said city, when on duty, subject at all. times to the rules of the road. Section 3. It is further provided that the a'-ove ri6;ht and Privileges are granted upon the express condition that work on said road shall be commenced within six (6) months, and the whole thereof shall be completed within eighteen months (18), from the date of the passage of this ordinance; it being understccd t'rnat if said road be not fully completed and in operation within said time then this fran- chise shall become forfeited as to the portion thereof incompleted, and incase any portion of said read is unused or unoperated as herein provided for one month, then that part of the road shall become forfeited and become the property .of. the City. Section 4. That the further privilege, authority and right; be and the same is hereby granted to said LOS ANGELES INTER-URBfilq RAIL- WAY COMPANY and its assigns, and said LOS ANGELES INTFR-URBAN RAILWAY COMPANY and its assigns are hereby auth6rized to use electricity over -4- any and all of the line of railroad hereby authorized to be construc- ted, built and maintained, and branches thereof, within the City of Azusa, for the purpose of propelling cars or trains on said railroad or branches, or upon any portion thereof. Section 5. It is further provided that this franchise is granted expressly on each of the conditions and provisions herein contained, and in consideration of the promise of the grantee herein named to keep and observe all the conditions herein, and provided further that said grantee is hereby regyired to furnish and to file its written acceptance of the terms and conditions hereof with. the Clerk of. the Board of Trustees within ten (10) days after the pas- sage of this ordinance, together with a bond in the sum of ol.lars, conditioned upon the faithful performance of all the teras and conditions of this franchise. That any neglect., failure or refusal of the said grantee, its successors or assigns, to comply with any of the conditions of this ordinance granting this franchise, shall thereupon immediately, ipso facto, effect a forfeiture thereof; and the said City, by its Board of Trustees, may thereupon declare said franchise forfeited, and sail grantee, its successors and assigns, shall. thereupon and immediately surrender all right in and to the same, and this franchise shall be deemed, and shalt be null, void and at an end. Section o. The City Clerk shall certify to the passage of this ordinance by two-thirds of all the me}nbers of the Board of Trustees of the City of Azusa, and shall cause -the same to be published once the City of Azusa, in the POmOtropic a weekly newspaper ,published ip and thereupon and thereafter it shall'take effect and be in force. I hereby certify that the whole ntmioer of the Rosrd of Trustees , of the City of Azusa is -�c -,�-\, ^ , and that on the �' day of 6Ua , 190 6 , at a regular meeting of said Board, a -5- quorum beim present, the foregoing; ordinance was introduced and read, and that more than five days thereafter, to -wit, at a regular / A^ A . meeting of said Board of Trustees held on the A day of'g-O' 190 w, the same was passed and adopted by a two -third vote of all members of said Board of Trustees, to -wit, by the following vote: Ayes -- Trustees VU Noes -- Trustees Absent -- Approved this _- __day of ✓0 i City Clerk and ex -Officio Clerk of the Board of Trustees of the City of Azusa. -6- 1904 . President vme . of the Board of Trustees of the City of Azusa.