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HomeMy WebLinkAboutOrdinance No. 470l 970 CITY OF AZUSA Ordinance No, 470 AN ORDINANCE OF THE CITY OF AZUSA, GRANTING TO PACIFIC ELECTRIC RAILWAY COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, MAINTAIN, AND OPERATE STANDARD GAUGE RAILROAD TRACKS ACROSS MOTOR AND IRWINDALE AVENUES IN THE CITY OF AZUSA. FOLLOWS: THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS Section 1. That the right, privilege and franchise be and the same is hereby granted to the Pacific Electric Railway Company, a corporation, its successors and assigns, to construct, maintain, and operate for a period of fifty (50) years, its standard gauge railroad track across Motor and Irwindale Avenues, in the City of Azusa, located as follows: A single track the center line of which is described as follows: Beginning at a point in the west line of Motor Avenue (bO feet wide) 107.35 feet north of the north line of Broadway (50 feet wide)• thence easterly 80 feet, more or less, to a point in the east line of Motor Avenue 107.23 feet north of the north line of Broadway. Also, beginning at a point in the west line of Irwindale Avenue (100 feet wide) 106.91 feet north of the north line of Broadway (50 feet wide); thence easterly 100 feet, more or less, to a point in the east line of Irwindale Avenue 106.80 feet north of the north line of Broadway. Section 2. It is further made a condition hereof that the City of Azusa expressly reserves the right to grade, sewer, pave, macadamize, repair, improve or alter said streets or any part thereof, and to lay down pipes for water, gas, or other purposes therein, all such work to be done by said City in a manner to injure or obstruct the track and business of said railroad company as little as possible, and in no case so as to - 1 - endanger said railroad or the operation of trains thereon. The track shall be kept constantly in repair by grantee in and along said streets. At all crossings track shall be flush with the street, and paved between the*rails of the track, and two feet outside of the outside rails by the grantee at its own expense. The grantee at its own expense agrees to make, provide and main- tain all storm water drains and culverts under and across its track at crossings or streets where necessary in the opinion of the City Council and when requested by said Council. By the granting of this franchise the City of Azusa does not waive or limit in any manner whatsoever its use and right to use, and its jurisdiction and control of the public streets, avenues, highways, lanes, alleys or public places within the City of Azusa. Section 3. The above rights and privileges are granted upon the express conditions that work upon said track shall be begun within four months of the taking effect of this ordinance, and continue diligently thereafter, and shall be completed within three years thereafter. Section 4* The grant of this franchise is effective only upon the further condition that the grantee, within five days after said franchise is awarded to it, file with the said City Council a bond running to said City in the penal sum of. One Thousand Dollars with sufficient surities, to be approved by said City Council, conditioned that said grantee shall well and truly observe, fulfill and perform each and every term and condition of said franchise, and that in case of any breach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and surities upon said bond. . 2 - Section 5• That the grantee hereof, its successors or assigns, shall during the life of said franchise, pay to the City of Azusa in lawful money of the United States, two per cent of the gross annual receipts of said grantee and its successors and assigns, arising from the use, operation or possession of this franchise, but no percentage shall be paid for the first five years succeeding the date of this franchise, but thereafter such percentage shall be payable annually, and this franchise is to be forfeited by failure to make payments provided for, and it shall be the duty of the grantee of this franchise, its successors and assigns, to file with the City Clerk of the City of Azusa, at the expiration of six years from the date of granting of said franchise, and at the expiration of each and every year, thereafter, a statement verified by the oath of said grantee, its successors or assigns, and by the oath of the manager or presiding officer of said grantee, or its successors or assigns, showing the total gross receipts or gross earnings collected or received by said grantee, its successors or assigns, during the preceding twelve months, and within ten days after the time for filing such state- ment, it shall be the duty of said grantee, its successors or assigns, to pay to the City Treasurer of the said City of Azusa the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, operation or possession of said franchise. Provided, that if the road for which said franchise is granted shall be an extension of an existing system of railroad, then the gross receipts shall be estimated to be one- half of the proportion of the total gross receipts of said system which the mileage of such extension bears to the total mileage of the whole system, and said estimate shall be conclusive as to the amount of the gross receipts of said extension. - 3 - i Section 6. That the grantee hereof, by the acceptance of this franchise, hereby agrees to pay to the City of Azusa the expenses necessary for the publication of this ordinance in the manner required by law, and the grantee hereof shall file with the City Clerk a written acceptance of the franchise hereby granted within thirty days after the passage of this ordinance. Section 7. Any neglect, failure or refusal to comply with any of the conditions of this franchise shall work a forfeiture hereof, and the said City, by its City Council, may thereupon declare said franchise forfeited, and may exclude said grantee, its successors or assigns, from further use of avenues and highways of said City under this franchise; and said grantee, its successors or assigns, shall thereupon surrender all rights in and to the same and this franchise shall be deemed and shall remain null, void and of no further effect. Section 8. The terms, provisions and conditions of this franchise and all of the rights, powers, privileges, obligations, liabilities and duties hereunder shall insure to and be binding upon the grantee, and any successor or assignee of said grantee. Section 9. The City Clerk shall certify to the passage of this ordinance by a two-thirds vote of all members of the City Council of the City of Azusa, and shall cause the same to be published once in a newspaper of general circulation - printed, published and circulated in said City of Azusa, and shall become effective thirty days from and after the date of its final passage. ATTEST• a - 4 - MayorSyAzusa, _ Cafifornia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as CITY OF AZUSA ) I, Jamm Miller , City Clerk of the City of Azusa, Los Angeles County, California, do hereby certify that the fore- going ordinance was duly introduced at a regular meeting of the City Council of the City of Azusa on the 21st day of September 0195 3 and was duly and regularly passed and adopted by the City Council, signed and approved by the Mayor, attested by the City Clerk, at a regular meeting held on the 5th day of October , 1953 ; that the same was passed and adopted by the following vote of the Council: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: JACKSON, HERNANDEZ, SELTZER, ME)VESHEIMER, JONES NONE NONE I do further certify that I caused said Ordinance to be Published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 8th day of October 1953 and that the same was published in accordance with law. 7 V�siHGf4�.Z / City Clerk, City of Azusa