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HomeMy WebLinkAboutOrdinance No. 536 Y -... ORDINANCE NO. 536 AN ORDINANCE OF THE CITY OF AZUSA GRANTING TO PACIFIC ELECTRIC RAILWAY COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO MAINTAIN, RENEW, AND OPERATE STANDARD GAUGE RAILROAD TRACKS ALONG AND UPON NINTH STREET IN THE CITY OF AZUSA. The City Council of the City of Azusa does ordain as follows: 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 maintain, renew, and operate for a period of fifty years its standard gauge railroad tracks along and upon Ninth Street in the City of Azusa located as follows : 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 Miscellaneous 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 Book 4+3 of Miscellaneous Records of said Los Angeles County, at page 94 thereof; thence easterly along said Ninth Street to the easterly end of same, as shown on above mentioned map of the Town of Azusa, said easterly end being in the westerly line of Lot eighty-five (85) of above mentioned Subdivision No. 2 of Azusa Land & Water Company. 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 street 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 endanger said railroad or the operation of trains thereon. The track shall be kept constantly in repair by grantee in and along said street. The track shall be flush with the street, and pavement shall be installed and maintained in good condition 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 maintain all storm 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 juris- diction and control of the public streets, avenues, highways, lanes, alleys or public places within the City of Azusa. SECTION 3. 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 Two Thousand Dollars ($2,000.00) with sufficient sureties, 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 sureties upon said bond. -1- _ � L SECTION 4. 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 percent (2%) of the gross annual receipts of said grantee and its successors and assigns, arising from the use, operation or possession of this franchise, such percentage to be payable annually; and this franchise is to be for- feited 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 the first year 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 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 (12) months, and within ten (10) days after the time for filing such statement, 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. • SECTION 5. 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 (30) days after the passage of this ordinance. SECTION 6. 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 7. The terms, provisions and conditions of this franchise and all of the rights, powers, privileges, obligations, liabilities and duties hereunder shall inure to and be binding upon the grantee, and any successor or assignee of said grantee. SECTION 8. 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. Passed and approved this 14th day of May , 1957. Mayor of the ity of Azusa -2- 4 L STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 536 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of April , 1957. Th t thereafter, said uly ordinance was dadopted and passed at awl ,,thereafter, of the City Council on the 14th day of May , 1957, by the following vote, to-wit : AYES: Councilmen: Fawcett;, Ortuno, Johnson, Romero, Merrmesheimer NOES: Councilmen: None ABSENT:Councilmen: None (;e-/ -' eRty Clerk of the City of Azusa 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 ° e day of rani , 1957, and that the same was published in accordance with law. C Clerk, C�.ty of Azusa � y-3-