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Home My WebLink AboutCC Ord 209 1936-11-19 I \ I I , ,", ORDINANeENO. ~ 7' - , An ordinance granting to Pacific Electric Railway Company, its successors and assigns, the right to construct and maintain a spur track across Ocean Avenue near First Street, in the City of Seal Beach, California. The City Council of the City of Seal Beach do ordain as follows: SECTION 1. That the right be and the same is hereby granted to Paoific Electric Railway Company, a corporation, its successors and assigns, to construct and for a periOd of five years to maintain and operate a spur track railroad across Ocean Avenue near First Street, over the route described as follows: Beginning at the switch point of the existing spur track in main line traok in Ocean Avenue in the City of Seal Beach, distant northwesterly measured along said main line track 31.54 feet from the southwesterly pro- longation of the center line of First Street; thence northwesterly along said existing spur track along a ourve conoave to the southwest and having a radius of 150 feet a distance of 22.40 feet to the end of said curve i thence northwesterly oontinuing along said existing spur track tangent to said ourve having a radius of 150 feet, at the end of said ourve, a distanoe of 40.00 feet to the point of beginning of a curve con- oave southerly and having a radius of 260.00 feet; thence westerly along said existing spur track along said last mentioned curve to the southwesterly line of said Ocean Avenue. SECTION 2. Said grantee, its successors and assigns, shall use in the oonstruction of said work the best material, including rails weighing not less than sixty pounds per yard, and that the grantee hereof shall pave or maoadamize said road between the rails and for two feet on eaoh side thereof with the same material used by 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 all times to the established grade of said street, and all repairs and grades to be made under the instruotion and to the satisfaction of the Street Superintendent of the City of Seal Beaoh; in case the sai grantee fails to comply with the instruotions given for said repairs for ten days after service of notice thereof, the I I I !I II. , ~ ~ ~ Ordinance Number " I City of Seal Beach may enter upon the road of said grantee and do the work and keep an itemized aocount of the cost thereof. whioh said grantee. by aooeptance of this franohise, agrees to pay immediately on presentation to said grantee of said acoount. Provided. further. that said grantee and its assigns shall oomply with the provisions of all ordinanoes of said City now in foroe or that may hereafter be enaoted relative to the placing of all poles and wires. and making all excavations in public streets of said City for the plaoing of obstructions thereon. Provided. further, that said grantee or assigns shall oonstruct all necessary flumes and culverts for the free passage of water under the traoks of said railway where and whenever necessary. and that all curves. aqueducts. turnouts and switches r shall be construoted under plans and speoifications approved by I' ~ ! I. 'I , the City Engineer; or by the City Council of said City; and it is understood that said grantee or assigns shall have the , ii right to excavate and remove portions of the street neoessary I II , ~ ~ ,I ~ to properly oonstruot said road. and to ereot needful apparatus. boilers. engines, etc., to properly equip and run ~he same. It is further understood that the City. in making the grant of this franchise. expressly reserves the right to pave, maoadamize. remove or sewer any of said streets, or lay gas and water or other pipes therein. suoh work to be done so as to injure said road as little as possible. SECTION 3. , , 1 ! granted upon the express oondition that work upon said track II The above rights and privileges are shall be begun within four months of the taking effeot of this I ': ordinanoe, and oontinue diligently thereafter and shall be oompleted within twelve months thereafter, it being understood ~ that in oase any portion of said track is unused and unoperated ~ j h I -2- !' I I I ! II" " I " , II .' ~ Ordinance Number " , f , ~ II 'I ~ ~ ~ ij ~ I j I ~ , ~ :1 II ~ ij , " 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 grantse, within five days after said franchise is awarded to it, fil~ with the said City Council a bond running to said City in the penal sum of One Thousand Dollars ($1,000.00) with at least two good and suffi- cient sureties, to be approvsd by said City Council, conditioned that said grantee shall well and truly observe, fulfill and per- form 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. If said bond be not so filed the award of said franchise will be forfeited. SECTION 5. That said grantee, its successors or assigns are hereby required to file a written acceptance of the terms and conditions thereof with the Clerk of said City within thirty days after the passage of this ordinance. SECTION 6. That said grantee, its successors or assigns, shall operate said spur track only in serving the Los Angeles County Flood Control Distriot, its successors or assigns, in conneotion with the construction and maintenance of a rock jetty and other improvement work in oonneotion with the relocation of the San Gabriel River Channel, and to serve such other person, firm or corporation as may undertake the maintenance of said rock jetty. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinanoe by a vote of at least two-thirds of all the members of the City Council of the City of Seal Beaoh, and to its approval by the Mayor of this ordinanoe to be published onoe said City, and shall oause inthe~~ I I -3- I I I , f . , , Ordinance Number .' . ~ ~rlbJ(~A/P) , a newspaper of general circulation, which newspaper is hereby designated for such purpose, and there- upon it shall take effect ana.;.e in force. APPROVED this /1 - day of lI.gWJ-I'......~A) , 1936. Mag&~ Seal Beach, California. ~ II ~ ~ \ 1 I, ,I ~ ATTEST: ~ I . 1.J ~~ City ~fOf ttff. ity 0 sea~eaCh' California. II ~ I, ~4 4~~ .:0 J , City Clerk of the City of Seal Beach an ex-officio Cl~ of the Board of Trustees and City Council of said City do hereby certify that the whole number of members of the City Council of the City of Seal Beaoh, is five; that the foregoing ordinanoe was duly passed by a vote of at least two-thirds of all of the members of ~~id City oil a a regular meeting thereof on the IJ[~ day of , 1936, held not less than~ays after the ntro uc on 0 said ordinance and that the same was passed and adopted by the following vote, towit: , , I II ~ j ~ Noes, Councilmen: .' , 1/AJA~ ) Absent. Councilmen: Cit~J ~([~erk of the City of Seal Beach, California. i Ii , . " I ~ ~ -4-