HomeMy Public PortalAbout09-1425ORDINANCE NO. 09 -1425
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA,
GRANTING A SPUR TRACK FRANCHISE TO
UNION PACIFIC RAILROAD COMPANY
(REEVES AVENUE)
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. Authority for Franchise. Pursuant to Public Utilities Code Section
7555, no railroad corporation may use any street, alley, or highway, or any of the land,
whether covered by water or otherwise, owned by any city or county, unless the right to
do so is granted by a vote of the governing body of the city or county. The franchise
shall be granted upon reasonable terms and conditions unless such governing body
reasonably finds that the grant of the franchise or permit would be detrimental to the
public interest of the city or county. Carson Municipal Code Chapter 9 establishes the
minimum terms and conditions upon which the City Council will grant a franchise to
operate spur tracks across streets within the city of Carson.
Section 2. Previous Franchise. On or about January 21, 1980, the City
Council adopted Ordinance No. 79-498 granting a spur track franchise to the Southern
Pacific Transportation Company for a term of twenty -five (25) years. The spur track
authorized by the franchise was located across Reeves Avenue. The term of the
franchise expired on or about February 20, 2005.
Section 3. Merger of Railroad Companies. On or about March 2, 1998,
Union Pacific Railroad Company merged with and into Southern Pacific Transportation
Company, a Delaware corporation, which was renamed Union Pacific Railroad
Company, a Delaware corporation.
Section 4. Renewal of Franchise. On or about March 3, 2008, Union Pacific
Railroad Company ( "Franchisee ") submitted an application to renew the franchise
granted by Ordinance 79 -498 ( "Franchise "). The City Council hereby renews the
Franchise subject to the provisions of Carson Municipal Code Chapter 9, which is
incorporated herein by reference, and subject to the terms and conditions contained
herein.
Section 5. Description of Spur Track. The spur track authorized by this
Franchise is located across Reeves Avenue, which location is legally described in
Exhibit "A." The spur track and location are depicted in Exhibit "B."
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Section 6. Compensation. The Franchisee shall pay to the city of Carson the
fees and costs described in Carson Municipal Code Chapter 9, including but not limited
to a base annual franchise fee (adjusted annually), publication costs incurred by the
city, and fees for any permits required by the city during the term of the Franchise. In
addition, the Franchisee shall pay to the city all outstanding franchise fees owed to the
city (if any) for the use of the spur track locations during the time the Franchise was
expired.
Section 7. Term. The Franchise renewal granted by this Ordinance shall
commence on and shall run for a period of twenty -five (25) years from and after its
effective date, or until such franchise is voluntarily surrendered or abandoned by the
Franchisee, or until the State or some municipal or public corporation thereunto duly
authorized by law shall purchase by voluntary agreement or shall condemn and take
under the power of eminent domain all property actually used and useful in the exercise
of such Franchise and situated within the territorial limits of the State, municipal, or
public corporation purchasing or condemning such property, or until such Franchise is
forfeited for noncompliance with its terms by the Franchisee.
Section 8. Acceptance. The Franchisee shall, within ninety (90) days after
passage of this Ordinance, file with the City Clerk of the city of Carson, a written
acceptance of the terms and conditions of this Ordinance.
Section 9. CEQA. The spur track which is the subject of this Franchise was
previously owned and operated by the Franchisee and its predecessors under
Ordinance No. 79 -498. The Franchisee will continue use of the spur track as previously
approved. Therefore, this renewal of franchise is exempt from the requirements of
California Environmental Quality Act as a Class 1 Categorical Exemption, Existing
Facilities, pursuant to Section 15301 of the CEQA Guidelines.
PASSED, APPROVED AND ADOPTED this 5th day of May, 2009.
ATTEST:
CITY CLERK HELEN S. KAW OE
MAYOR JIM DEAR
APPROVED AS TO FORM:
C OR
Y ATT
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
ORDINANCE NO. 09 -1425
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I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing ordinance, being
Ordinance No..09 -1425 passed first reading on April 21, 2009, was duly and regularly adopted by the
City Council of said City at a regular meeting of said Council, held on the 5th day of May, 2009, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
01007/0015/61259.01
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber
None
None
None
[MO RE]
7
City Clerk, City of C. son, C ; lifornia
01007/0015/61259.01
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
SPUR TRACK FRANCHISE
LEGAL DESCRIPTION
[On Following Pages]
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ORDINANCE NO. 09 -1425
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Beginning at a point in the westerly line of Reeves Avenue, 64 feet wide as shown
on Parcel Map No. 11299, said point being also the southeast corner of Lot 1 of
said Parcel; thence North 89 °59'42" East along the center line of said drill track a
distance of 67.18 feet to its point of intersection with the easterly line of said
Reeves Avenue, last said point being also the southwesterly comer of Lot 6 of said
Parcel; thence North 17°09'16" East along the easterly line of said Reeves Avenue,
a distance of 17.00 feet to its intersection with the center line of said spur track;
thence South 83 °38'07" West along the center line of said spur track a distance tance of
70.01 feet to its intersection with the westerly line of said Reeves Street at a point
distant North 17°09'16" East 8.88 feet from said point of beginning; thence South
17 °19'16" West along said westerly line a distance of 8.88 feet to said point of
beginning. p
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EXHIBIT "B"
UNION PACIFIC RAILROAD COMPANY
SPUR TRACK FRANCHISE
LOCATION MAP
]On Following Pages]
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