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HomeMy WebLinkAboutOrdinance 432 _ 1 �9 OfDINI NCE NO. 132 AN ORDINANCE OF THE CITY OF AZUSA, GRANTING TO PACIFIC ELECTRIC RAILWAY COMPANY, a CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CON- STRUCT, MAINTAIN, AND OPERATE STANDARD GAUGE RAILROAD TRACKS ACROSS FIRST STREET IN THE CITY OF AZUSA. TBR 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 Rail- way Company, a corporation, its successors and assigns, to con- struct, maintain, and operate for a period of fifty (SO) years its standard gauge railroad tracks across First Street, in the City of Azusa, located as follows: A double track at 15 foot centers, the center line of which is described as follows: Beginning at a point in the south line of First Street (50 feet wide) 215.97 feet westerly from the west line of Motor Avenue (80 feet wide) ; thence northeasterly along a curve concave to the southeast and having a radius of 76 .08 feet a distance of 57 .02 feet (more or less) to the north line of First Street distant 188.1. 9 feet westerly from the intersection of the northerly prolongation of the westerly line of Motor Avenue and the northerly line of First Street. 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 tracks 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 tracks shall be kept constantly in repair by grantee in and along said streets. At all crossings tracks shall be flush with the street, and paved between tracks, between the rails of the tracks, and two feet outside of the ` Y. - 1 - outside rails by the grantee at its own expense. The grantee at its own expense agrees to make, provide and maintain all storm water drains and culverts under and across its tracks 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 above rights and privileges are granted upon the express conditions that work upon said tracks 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 there- in named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and surities upon said bond. 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 - 2 - 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 suc- cessors 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 the said grantee, its successors or assigns, during the preceding twelve months, and within ten 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 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 - 3 - 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 forfei- ture hereof, and the said City, by its City Council, may there- upon 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, obli- gations, liabilities and duties hereunder shall inure 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 . 6.4a==. Ma or o t e y Azusa, y California. ATTEST: C ty ;rr I hereby certify that the whole number of the City Council of the City of Azusa is five; that on the 2nd day of January , 195=2, at a regular meeting of said Council, a quorum being present, the foregoing ordinance was passed and adopted by a two-thirds vote of all the members of the City Council, to-wit; by the following vote: AYES: a •• a E. .. - • ?yam* •- u- NOES: None ABSENT: None City C I, M. A. Hynes, City Clerk of the City of Azusa, hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Azusa, Los Angeles County, California, held on the 18th day of December, 1950, and was regularly passed and adopted . �� by said City Council, signed by the Mayor, and attested by the City Clete , of said City, all at a regular meeting of said City Council held on the 204,:',44 ,t, day of January, 1951, and that the same was passed by the following vote: AYES: COUNCIL EN: Jackson, Ortuno, Seltzer, Memmesheimer, Jones. NOES: None ABSENT: None and that said Ordinance was published on January 11th, 1951 in the Azusa Herald Pomotr pic, a weekly newspaper of general circulation, published and circulated in said Lilty of Azusa and was published accorgi to law,la M. A. �yn//es, ;,"i y CSerk of the City- of Azusa _ 5 _