The URL can be used to link to this page

Home My WebLink AboutCC Ord 162 1931-12-03 " . OED INANCE NO. 16/t I An ordinance granting to Pacific Electric Railway Com- p~, its suocessors and assigns, the right to construct and maintain a spur track across Ooean Avenue near First street, in the Oity of Seal Beach, California. The Board of Trustees and City Oouncil of the Oity of Seal Beaoh do ordain as follows: SECTION 1. That the right be and the same is hereby granted to Pacifio Eleotric Railw~ Company, a corporation, its suooessors and assigns, to oonstruot and for a period of five year~ to maintain and operate a spur traok railroad across Ooean Avenue near First Street, over the route describsd as follows: Beginning at a point in the present oonstructed track of the Pacific Eleotric Railway Oomp~ in Ooean Avenue, distant northwesterly thereon 10.75 feet from the produoed oenter line of First Street; thenoe northwesterly and westerly along a No. 7 turnout and a Ollrve concave to the south and having a radius of 270.45 feet, a distance of 133 feet, more or less, to a,point in the southwesterly line of Ocean Avenue distant northwesterly thereon 140 feet, more or less, from the produoed oenter line of First street. SECTION 2. Said grantee, its SI1ccessors and assigns shall,use in the construotion of said work the best material, inoluding rails weighing not less than sixty pounds per yard; provided, however, that when said Ocean Avenue shall have been extended across the San Gabriel River Ohannel and improved with a permanent type of paving, that the grantee hereof shall, upon the request of said Oity of Seal Beaoh, reconstruct said spur trao~ aoross Ocean Avenue using in said reconstruotion grooved girder rails of not less than seven (7) inches in height, and that the grantee hereof shall pave or macadamize said road between the rails and for two feet on eaoh side thereof with the same material used by the Oity upon the streets over which said spur traok runs, and keep the same in repair flush with the street and shall make the ro~bed conform at all times to the established grade of said street, and all repairs and grades I I -1- Ordinance Number , I to be made under the instruction and to the satisfaction of the Street Superintendent of the Board of Trustees of said City; in case the eaid grantee fails to comply with the instructions given for said repairs for ten days after service of notioe there of. the City of Seal Beach may enter upon the road of said grantee and do the work and keep an itemized account of the oost thereof. which said grantee. by acceptance of this franchise. agrees to pay immediately on presentation to said grantee of said account. Provided. further, that said grantee and its assigns shall oomply with the provisions of all ordinanoes of said Oity now in force or that may hereafter be enacted relative to the placing of all poles and wires. and making all excavations in publio streets of said City for the placing of obstructions thereon. I I Provided, further, that said grantee or assigns shall construot all necessary flumes and culverts for the free passage of water under the tracks of said railway where and whenever neoessary, end that all curves, aqueducts, turnouts and switches shall be constructed under plans and speoifications approved by the City Engineer; or by the Board of Trustees of said City; and it is understood that said grantee or assigns shall have the right to exoavate end remove portions of the street necessary to properly oonstruct said road, and to ereot 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 3. The above rights and privileges are granted upon the express condition that work upon said track -2- I I I 'I I, Ordinance Number . I I shall be begun within four months of the taking effect of this ordinanoe, and continue diligently thereafter and shall be completed within twelve months thereafter, it being understood that in case any portion of said traok 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 88 to the unused portion of said street. SEOTION 4. The grant of this franchise is effective only upon the fUrther oondition that the grantee, within five d~s after said franchise is awarded to it, file with the said Board of Trustees a bond running to said Oity in the penal sum of One Thousand Dollars ($1,000.00) with at least two good and sufficient sureties, to be approved by said Board of Trustees, conditioned that said grantee shall well and truly observe, fUlfill and perform eaoh and every term and ooDdition of said franchise, and that in case of any breaoh of condition of said bond the whole amount of the penal sum therein named shall be taken and deemsd to be liquidated damages, and shall be re- ooverable from the prinoipal and sureties upon s aid bond. If said bond be not so filed the award of said franohise will be set aside, and any money paid therefor will be forfeited. SECTION 5. That eaid grantee, its successors or assigns are hereby required to file a written acceptance of the terms and conditions thereof with the Olerk of said City within thirty d~s after the passage of this ordinance. SEOTION 6. That said grantee, its successors or assigns, shall operate said spur track only in serving the Merritt. Ohapman & Scott Oorporation, its sucoessors or assigns in connection with the cons~ruction and maintenance of a rock jetty and other improvement work in connection with the re- looation of the San Gabriel River Ohannel, and to servs such ,I , -3- I I I . Ordinance Numbe~. ~ other person, firm or oorporation as may undettake the mainten- ance of said rook jetty. SECTION 7. The City Clerk shall oertify to the passage and adoption of this ordinanoe by a vote of at least two-thirds of all the members of the Board of Trustees and City Counoil of the Oity of Seal Beaoh, and to its approval by the M~or of said City, aDO ,rhall oause this ordinanoe to be published onoe in the 4A/J.h21'luIi:,;/ 1r 1A)ec",f' .I' a newspaper of general oiroulation, which newspaper is hereby designated for suoh purpose, and thereupon it shall tak~$tieot and be in force. Approved this ~ "J d~ of ~A~"./^, A ) ,1931. .. ~&~' ~ & - . Mayor 0 e y'o s~ea~ Oalifornia. ATTEST: ~"k5tf~fiJ.t ty erlt 0 he Oity 0 Seal Beach, Oalifornia. I, ~/L'h ~.R~ .~.t\ , Oity/Clejl'J!. u1..t!J,e , Oity of Seal Bea~ and e;~;m~lo "'"clerk of the Board of Trustees and City Council of said Oity do hereby oertify that the whole number of members of the Board of Trustees and City Counoil 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 said Board of Tru~ees and C~y Counoil at a regular meeting thereof on the a'3 day of _b~./~A/ 1931, held not less than five days after the intro uo ion of said ordinance and that the same was passed and adopted by the following vote, to-wit: Councilmen: ~.di,~JO......J . oes, Trustees and Councilmen: , I ~ ~ Absent, Trustees and Counoilmen: City Cl{?(~~~k City of Seal Beaoh, California. Of the -4-