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Home My WebLink AboutCC Ord 150 1929-05-02 I I I ~ . . . .. . ORD INANCE NO. I~o .dB ORDL~ANCE grantine to Pacific blectric Railway Company, a corporation, its successors and assigns, the right to construct and maintain a spur track across First Street and Ocean Avenue, in the Oity of Seal Beach, California. and Oitv COAncll The Board of Trustees/of ~e C1ty of Seal Beach do ordain as follows: SECTION 1. That the right be and the same is hereby rranted to Eacific Electric Rail~ay Company, a corpor- ation, its successors and assigns, to construct and for a period of fifty years to mint am and operate, a spur track railroad across First Street and Ocean Avenue, over the route described as follows, to wit: Beginning at a point in the present constructed main track of the Pacific ~lectric Railway on Ocean Avenue in the City of Seal Beach, Orange County, California, said point being distant southeasterly 193.78 feet from the intersection of said main t rack Vii th the s outh- westerly prolongation of the northwesterly line of First Street; thence northwesterly through a No.7 turnout, 68.85 feet to the beginning of a curve concave northeasterly and having a radius of 250 feet; thence northuesterly along said curve, 82.25 feet to the end of said curve; thence northwesterly taneent to said curve, 5.25 feet to the beginning of a curve concave, north- easterly and having a radius of 150 feet; thence northwesterly along said curve, 37.39 feet to the end of said curve: thence northwesterly, tangent to said curve, 5 feet to the beg inning of a curve concave easterly and having a radius of 250 feet; thence northwesterly along said curve, 15.80 feet to a point in the northwesterly line of iirst Street, distant northeasterly thereon 7.55 feet from the northeasterly line of Ocean .d.venue. Also, beginning at a point in above described spur track, distant northwesterly thereon 159.~7 feet from the point of becinning of said spur track: thence northwesterly in a direct line, 51.01 feet to the beginning of a curve concave southwest erly and having a radius of 250 feet: thence northvmsterly along said curve 1.39 feet to a point in the northeasterly line of Ocean Avenue, distant northwesterly thereon 3.59 feet from the northwesterly line of First Street. -1- I I I .~ . . Ordinance Number. .. . SEOTION 11. Said grantee, its successors and assigns, shall use in the const1'llction of said work the best material, including rails we ighing not less than sixty pounds per yard, and that the grantee hereof shall pave or macadamize said road between the rails and for two feet on each side thereof with the same material used by the ci ty upon the streets over which said Splr 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 urxler the instruction and to the satisfaction of the Street Superintende~t 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, ths City of Seal Beach m~ enter upon the road of said grantee and do the work and keep an itemized account of the cost thereof, 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 provis ions of all ord inances of said city now in force or that may hereafter be enacted relative to the placing of all poles and \"/ires, and making all excava- tions in public str~ets of said city for the placing of obstructions thereon. Provided, fnrther, that said grantee or assigns Shall construct all necessary flumes and culverts for the free passage of water under the tracks of said railw~ where and whenever necessary, and that all curves, aqueducts, turnouts and switches shall be constructed under plans and specifications approved by the Oity 3Dgineer; or by the Board of T1'llstees of said City; and it is UIJderstood that said grantee or ass igns -2- .. I I I . Ordinance Number . .. . shall have the right to excavate and remove portions 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 that the City, in making the grant of this franchise, expressly reserves the right to pave, macadamize, remove or sewer any of said streets, or lay gas and water or other pipes therein, such work to be done so as to injure said road as little as possible. SEOTION III. 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 continue diligently thereafter and shall be completed within twelve months thereafter, it being under- stood that in case any portion of said track is unused and un- operated for six months after completion, then that part of the track shall become forfeited and all rights granted herein sball determine and cease as to the unused portion of said street. SECTION IV. The grant of this franchise is effect- ive only upon the further oondition that the grantee, within five days after said franchise is awarded to it, file with the said Board of Trustees a bond mnning to said Oity in the penal sum of One Thousand Dollars with at least two good and sufficient sureties, to be approved by said Board of Trustees, coDlitioned that said grantee shall well and truly observe, fulfill and perform each and every term and con- dition of said franchise, and that in case of any breach of condition of said bond the whole emount of the penal sum -3- Ordinance NUmber . . . . .. therein named shall oe taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon I said bond. If said bond be not so filed the award of said fran- chise will be set aside, and any money paid therefor will be forfeited. SECTION V. That said grantee, its successors or I 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. SEOTION VI. The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of at least two-thirds of all th~ members of the Board of Trustees and City Council of the City of Seal ~each, and to its ap?roval by the uayor of said City, and shall cause this Ordinance to be publjs hed once in the k..t ~ ~ ' a newspaper of general circulation, printed, published and circulated less than six days a week in smd Oity, which newspaper is hereby designated for such purpose, and to be posted in three public places in said City, to wit: the Oity Hall Building, the United states Post Office and the California State Bank, and thereupon it shall take effect snd be in force. Approved this 2nd day of May, 1929. 01" ~~t?~ach' Califor:!iB . mayor ATTEST: ~-~'~ ~ ~ C er of y 0 Sea Bench, Ca l1fornia . C1ty I I. OLLIE B. PADrlIC~, Oity Ulerk of the City of Seal Beach and ex-officio Olerk of the Board 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 Ordl. nance was duly passed by a vote of at least two-thirds of all of the Ordinance Number . . . . I members o~ said Board of Trustees and City CounciJ at a regulAr mep.ting thp.reof on the 2nd day of i'lay, HI2~, held not less than five days after tho introduction of said Ordinance andthat the same was passed and adopted by the following vote, to wit: Ay", 'Mt... .n<! Couno'lmen, i.,.;,o-,.Atrf:~~_ I~oes, Trustees and Oouncilmen: ""......1) r Absent, Trustees and Councilmen: ~ City City cle~d~~~~Of of Seal Beach, Ca lifornia the I I