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HomeMy WebLinkAboutCC Ord 301 1944-11-06 .. " .. " . . t CIW5lN; L OI=FICIAL COPY NC; TO BE TAKEN I=.:OM THE CIT CLERK'S OI=FICE ORDINANCE NO.3.JJL I AN ORDINANCE granting to Pacific Electric Railway Companyl a corporation, its successors and assigns, the right to construct and maintain a railroad track across Electric Avenue, 16th Streetl 17th Street, Bay Boulevardl and two Al1eys, in the City of Seal Beach, CaUfo rnia. I The Board of Trustees and City Council of the City of Seal Beach do ordain as fol1ows: SECTION 1. 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 (50) years to maintain and operate a single track railroad across Electric Avenue, 16th Street, 17th Street, Bay Boulevard and certain Al1eys, described as tollows: Electric Avenue Beginning at a point in the southwesterly line of the northeasterly Roadway ot Electric Avenue (40 feet wide; distant northwesterly 850.79 teet along said line from the southwesterly prolongation of the north- westerly line of Bay Boulevard (80 feet wide); thence southeasterly 109.,80 teet, more or less, along a curve concave to the northeast and having a radius of 881.59 feet to a point in the northeasterly line of the north- easterly Roadway of Electric Avenue, said last mentioned point being 735.53 feet northwesterly measured along said northeasterly line trom the northwesterly line ot Bay Boulevard. 16th street Beginnin~at a point in the northwesterly line ot 16th Street (40 feet wide) distant northeasterly 109.03 feet along said line from the northeasterly line of the northeasterly Roadway of Electric Avenue (40 feet wide); thence southeasterly 43.45 feet, more or less, along a curve concave to the northeast and having a radius of 881.59 feet to a point in the southeasterly line of 16th Street, said last mentioned point being distant north- easterly 137-79 feet along said southeasterly line from the northeasterly line of the northeasterly Roadway of Electric Avenue. Alley between 16th and 17th Streets Beginning at a point in the northwesterly line of Al1ey (12 feet wide) distant northeasterly 95.97 feet along said line from the northeasterly line of AIley (12 feet wide) paral1el and northeasterly of Electric Avenue; thence easterly 14.18 feet, more or less, I Ordinance NumQer . along a curve concave to the northeast and having a radius of 881'59 feet to a point in the southeasterly line of AIley, said last mentioned point being distant northeasterly 106.07 feet along said southeasterly line from the northeasterly line of Alley para lIe 1 and north- easterly of Electric Avenue. 17th Street Beginning at a point in the northwesterly line of 17th Street (40 feet wide) distant northeasterly ~~5.85 feet along said line from the northeasterly line of the northeasterly Roadway of Electric Avenue (40 feet wide); thence northeasterly 54.~2 feet, more or less, along a curve concave to the northeast and having a radius of 881.59 feet to a point in the southeasterly line of 17th Street, said last mentioned point being distant northeasterly ~84.~8 feet along said southeasterly line from the northeasterly line of the northeasterly Roadway of Electric Avenue. Alley between 17th Street and Bay Boulevard Beginning at a point in the northwesterly line of Alley (12 feet wide) distant northeasterly ~99.91 feet along said northwesterly line from the northeasterly line of an Alley (12 feet wide) paral1el and northeast- erly of Electric Avenue; thence northeasterly 18.50 feet, more or less, to a point in the southeasterly line of Alley, said last mentioned point being distant northeasterly 417.5~ feet along said southeasterly line of Alley from the northeasterly line of Alley parallel and northeasterly of Electric Avenue. Bay Boulevard Beginning at a point in the northwesterly line of Bay Boulevard (80 feet wide) distant northeasterly 697.42 feet along said nortbwesterly line from the northeasterly line of the northeasterly Roadway of Electric Avenue (40 feet wide), thence northeasterly 122.40 feet, more or less, to a point in the south- easterly line of Bay Boulevard, said last mentioned point being distant 814.22 feet along said southeast- erly line from intersection of the southeasterly prolongation of the northeasterly line of the north- easterly Roadway of Electric Avenue. SECTION 2. Said grantee, its successors and assigns, shall use in the construction of said work the best material, including rails weighing not less than sixty pounds per yard, and that the grantee hereof shall pave or macadamize said road between the rails and II for two feet on each side thereof with the same material used by the city upon the streets over which said railroad track runs, and I II keep the same in repair flush with the street, and shal1 make the roadbed conform at all times to the established grade of said street, and all repairs and grades to be made under the instruction and to -2- .... f ' I ro'l: :JC'ICHS"c.rU.' , , "'ICM": 0':0-10':- _,:n:cnaSl''''," :ai~C' \o:..:..c:.~.~.."...4h,.\ C.~fl I :.s' .'\t\IF"F"J\":":;;' ~... .,.., .j", . , ?j'" 10 I: jl , ~i., !_ Br, . I' I.. I 'I ' lv: I '" ~ { . \ I . -.I. . " . S h . .~ I -.. I '.'i': I , , .~ , I -- - - ---. ......---- -- . -- . Ordinance Number the satisfaction of the Street Superintendent of the Board of '!," Trustees of said City; in case the said grantee fails to comply with the instructions given for said repairs for ten days after service of notice thereof, the City of Seal Beach may enter upon the road of said grantee and do the work and keep an itemized account of the cost tnereof, which said grantee, by acceptance of - this franchise, agrees to pay immediately on the presentation to said grantee of said account. Provided, further, that said grantee and its assigns shall comply with the provisions of all ordinances of said city now in force or that may hereafter be enacted relative to the placing of all poles and wires, and making all excavations in public streets of said city for the placing of obstructions thereon. PrOVided, further, that sa~d grantee or assigns shal1 construct all necessary flumes and culverts for the free passage of water under the tracks of said railway where and whenever necessary,/and that all curves, aqueducts, turnouts and switches shall be constructed under plans and specifications approved by the City Engineer; or by the Board of Trustees of said city; and it is understood that said gran~eE' or assigns shall have the right to excavate and remove porti, ~s of the street necessary to properly construct said road, and to erect needful apparatus, bOilers, engines, etc., to properly equip and run the same. . It is further understood and agreed that the grantee shall at all times keep all said flumes, cUlve:r and connecting catch-basins free and Clear' of all debrl or stagnant water and in the e~ent any such culvert, flume or catch-basin shall become unsanitary or shall c-ontain stagnant water or debris,the grantee shall upon notice f~om the City do all things necessary to clean such culvertl flume~and catch-basin\and place them in, a sanitary condition. '-- ------- ,.. SECTION~. The above rights and privileges are granted upon the express condition that work upon said track shall be begun within four months of the' taking effect of this ordinance, and con- tinue diligently thereafter and shall be completed within twelve <' C\ . ./ ~ -3- ,. , months thereafter, it being understood that in case any portion of said track is unused and unoperated for. six months after completion, then that part of the track shall become forfeited and all rights granted herein shall determine and cease as to the unused portion of said street. SECTION 4. The grant of this franchise is effective only upon the further condition that the grantee, within five days after said franohise 1s awarded to it, file with the said Board of Trustees a bond running to said City in the penal sum of One Thousand Dol1ars with at least two good and sufficient sureties, to be approved by said Board of Trustees, conditioned that said grantee shall well and truly observe, fulfil1 and perform each and eve~ term and condition of said franchise, and that in oase of any breach of oondition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be reooverable from the prinoipal and sureties upon said bond. (. SECTION 5. That said grantee, its suocessors or assigns, are hereby required to file a written acceptanoe of the terme and conditions thereof with the Clerk of said City within thirty days after the passage of this Ordinance. SECTION 6. That the said grantee, its successors and assigns, during the life of said franohise shall pay to the City of Seal Beaoh, in lawful money of the United States, two per cent (2%) of the gross annual receipts of such grantee and their or its successors and assigns, arising from the use, operation or posses- sion of said franchise. Such percentage shall be payable annually, and the said franohise is to be forfeited by failure to meke the payments provided for; provided, that if the railroad for which said franchise is granted shal1 be an extension of an existing system of street railroad then the gross reoeipts shall be estimated to be one-half of the proportion of the total gross reoeip~of suoh -4- ---....... I I I Ordinance Number. . 0'......;. system which the mileage of such system bears to the total mileage of said whole system, and said estimate sball be conclusive as to the amount of the gross receipts of such extension, and it shall be the duty of the grantee of such franchise, its successors and assigns to file with the Clerk, of said City at the expiration of one year from the date of the granting of said franchise, and at the expira- tion of each and every year thereafter, a statement verified by the oath of said grantee, its successors and aS8igns, or by the oath of the manager or presiding officers of such grantee, its successors or assigns, showing the total gross receipts and gross earnings, col1ected and received by said grantee, or its successors and assigns during the preceding twelve months from all traffic on any part of the line for the construction and operation of which said franchise is granted, or over any part of the system of said railroad of which it may be an extension, and within the ten days after the time for fili08 the aforesaid statement it sball be the duty of said grantee, its successors and assigns, to pay to the City Treasurer of said city, the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, operation or possession of said franchise determined and computed in the manner hereinbefore provided. Any neglect, omission or refusal by said grantee, or its successors and assigns, to file said verified statement, or to pay the said percentage of the said gross annual receipts at the times or in the manner hereinbefore provided, sball work a forfeiture of said franchise and all rights thereunder to the City of Seal Beach. That any neglect, failure or refusal to comply with any of the conditions of said franchise shall thereupon effect a forfeiture thereof, and the said City Council may thereupon declare said franchise forfeited and may exclude said grantee, its successors or assigns, from further use of said street under said franChise, and said grantee, its successors and assigns, shall thereupon and im- mediately surrender al1 rights in and to the same and said franchise -5- . I I I . , , . Ordinance Number " . " . .: . ~. . ..' ..,"'.. ~ shall be deemed and shall remain null, and void and of no effect. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of at least two-thirds of all the members of the Board of Trustees and City Council of the City of Seal Beach, and to its approval by the Mayor of said City, and shall cause this Ordinance to be published once in .s e ~ l ~ CI 09C~ f "c." It VV A VCL , a newspaper of general circulation, printed, published and circulated less than six days a week in said City, which newspaper is hereby designated for such purpose, and to be posted in three public places in said City, Building, the United States Post Office and the to-wit: the City Hall ~~B~ Hsak, and thereupon it Shal~ke effect and be in force. Approved this h - day 0~"ENl8EIf. ' 1944. ~(l)~.. ;or of t City of Seal Be;ch, California A(fEST: ) ':I.ty lerk Of' t~~ (Beach, California. ----"' .'_ , 1 y. Seal I, I I Beach and ex-officio cleri-oi , City Clerk of the City of oard of Trustees and City Council of said City, do hereby certify that the whole number of members of the Board of Trustees and City Council of the City of Seal Beach is five; that the foregoing Ordinanoe was duly passed by a vote of at least two-thirds of all of the members of said Board~ Trustees and City Council at a regular meeting thereof on the h- day O~""EMBS ~ ' 1944, held not less than five days after the introduction of said Ordinance and that the same was passed and adopted by the following vote, to-wit: Ayes, Trustees and Councilmen:IEI!Jp,!IftltIJ.E~/Jtm,eR, """"ILCAuwM, Noes, Trustees and CounCilmen: //Ifill/I: Absent, Trustees and Councilmen-fl "(JIVe j' (SEAr.) -6- y lerk and )!:x-Officio---C, of the City oflseal Beach, alifornia