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HomeMy Public PortalAboutOrd. 0421 . ORDINANCE No. 42,1 . � AN ORDINANCE GRANTING TO PACIFIC ELECTRIC RAILWAY COMPAbTY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, MAINTAIN; AND OPERATE A SPIIR TRACK.UPON AND ACROSS IMPERIAL.HIGHWAY IN THE CITY OF LYNYVOOD, CALIFORNIA. " _ ' � • The City Council of the City of Lynwood do�ordain as ��. follows; �. SECTION l. That the right be and the same is hereby. granted to�Pacific Electric Railway Company,,a corporation, its successors and assigns, to construct and for a period of fifty. years to maintain and operate a spur track upon and across Imperial Highway, over .the route des.cribed as follows, to-wit; Beginning at a point in the northerly line of the south roadway of Fernwood Avanue distant easterlv thereon � • 116.61� feet from the northerly proiongation of the northwesterly line of Imperial Hi�hway (130 feet wide); thence southwesterly 165.90 fee.t, more or less, across . Imperial Highway:to a point in tha northwesterly line oP Imperial Highway distant southwesterly thereon 73.15 feet from the northerly line of the south roadway of Fernwood Avenue. , SECTION II. Said grantee, its successors=and assigns; -- � shall use in the construction of said work the best material,, including rails wei�ing not less than sixty pounds per yard, and that'the grantee hereof shall pave or macadamize.said road ` between tha rails and £or two fest on each side thereof with the same material used bg the city upon the streets over which said - spur track runs, and keep the same in repair flush with the street, and shall make the roadbed conform at aTl times to the " established grade of said atreet, and all repairs and grades to be made under the instruction and to the satisfaction of the City of Lynwood; in case the said grantee fails to comply with . instructions $iven for eaid repairs for ten days after sexwice of ' notice thereof, the City o£ Lynwood may enter upon the roed of said � grantee and do the work and keep an itemized account of the cost thereof, which said grantee, by acceptance of this franchise, egrees, -1- ' to pay immediately on the presentation to said �rantee of said ' account. Provided, further, that the eonstruction, maintenance and operation of said track, includin$ the placing of all poles and wires for electric operation, shall be sub3ect to such reasonable ordinances of the City now in force or which may here- after be enacted. Provided further that said grantee or assigns shall con- struct ali necessary fl�es and culverts for the free passage of � water under the tracks of said railvaay where and whenener neceasary � � and that all curves, turnouts, and switches shall be cottstructed under plans and specifications approved by the City Engineer, or by the City Council of said City; and it is understood that said grantee or assigns shall ha.ve the right to excavate and remove portions of the street neceasary to properly construct said road, ' and to erect needful apparatus, boilers, engines, etc., to properly equip and run the same. It is further understood that the City, in making the grant of this franchise, expressly.reserves the right to pave, macadamize, remove or sewer any of said atreets, or lay gas and water or other pipes therein, such work to be done so as to injure said road as little as possible. � SECTION III. The above rights arid privileges are granted upon the �express conditions tha-t work upon said track shall be begun within £our months of the effect of this ordinance, and continue diligently thereafter end shall be completed within twelve months thereafter. . � SECTION IV. The grant of this franchise is effective only upon the further condition that the grantee, within Pive 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 avith at least two good and sufficient suretias, to be approved by said City Council, conditioned that said grantee • shall well and truly obsarve, fulfill and perform each and every • _2_ . , . .. ' � �. ',; : , �. . , . , ,. , . . , term and�.condition of said f�ranchise, and.that in case of, any . breach of condition of said bond the`whole'amourit of.the penal . .. . _ , . . • :._ . .. ."�� �4. �u� . ' . ' • .. ' . . .�. ' � e. i . es m cipal�andated � _ ' SUTII t. damag , ' sureties . ` upon said bond. Zf said bond be not,so fil�d the award of.said''' . ; .. . , � ,. . . :: . - , ;� �..,�. . . . : , ; .. . franchise.will be set-aside, and any.'money�paid,therefor.wi3l�be . _. _;:, , forfeited. . • • .. . , �-, , .� SECTION V. . That said �grantee;'�it's' sizccessors or assigns.,' are hereby reguired=to,file a written�eccaptance,of.the. terms and � conditiona thereof with the C1erk of.said City within thirty days a:fter the.passage of this ordinance. , , " �- SECTION VI. 'Said City Clerk shall certify to the passag_ •, �. � � . . . .. oY this.ordinance,.and shall cause the same to be published once ` in Tyx;�F«� Pra�c __, a weekly neevspaper published '. in the City of Lynwood, and thereupon and thereafter it shall take • effect and be,in force. _ � , , � _`',` Approved this 5th day of :; Februar.v , 1946, . . �= � . - . � - . ; � ATTES.T ' — ... , ' ; �� Y� ± � ,� , ,, : , . . , .., , - , � � .r.. � � � City. Clark .. � • . . , a . . ... .. .. , . , ,,_._ . , . . •. , .. , , . ; ,: .. . � I, , R: W. Ande.rcon ` ,:City C�:erk of• the Citp Y _ , of :L veood and ,Ex-Offi . yri, io Clerk of the:City_Council, do herebg � cartify bhat the £oregoin��or,dinance�was adopted by the : City , ;�.. . , . _ . ... ± �Council_of . the City of.Lynwood at a meeting thereof on the :5th' , ; . . -. . . .:. �•, - day `of ' Februarv __, 19 46 ', arid that the same was passed .. and adopted by the'foZlowing vote, to wit; , �� . ; r '� , _ �&YE�': - .COUnCilm�n' -�hrnc+k, nTayPr�ti r�mtnR, � Wil7 ard `..— _"� _ T _ _.. _ -.a�"�Y � . (: NOES�; Councilmeu° Norie. � ,, ,,r r. . � • a� `^' . _ � � �' � &BSENT -� ��'.^� "� Loone � � � � � t c.s . � � �,��_ � ��� � � , . � '' :j ,-� "_? �� �,�'r,� ' ' . ; i'� . . .. t , _� ' City lerk and Ex=Officio erk of • �' '_ . z ^�,r,:, the`"Cit'y�Council of the City of -: . > ,n ,' Lynwood, Cali£ornia. . 8 4 ; : .:' . .. . . . , ;�..�. . � • . , . . r .. . .t,. • . .. -3-..: _ , .