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ORDINANOE NO. 297.
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AROADIA
GRANTING TO PACIFIC ELECTRIC RAILWAY COMPANY, ITS SUCCESSORS OR
4 ASSIGNS,' TEE RIGHT TO .CONSTRUCT AND MAINTAIN A SPUR TRACK ACROSS
HUNTINGTON DRIVE IN THE CITY OF ARCADIA, OALIFORNIA.
5
6 THE CITY COUNCIL OF THE CITY OF ARCADIA DO ORDAIN AS
7 FOLLOWS:
SECT! ON 1:
That the right be and the same is hereby
granted to Paoific Electr;l.c Railway Company, its successors or \.
assigns, to construct and ~or a period of fifty years to main-
tain and operate. a spur track railroad across Huntington Drive
over the route described as follows, to-wit:
Beginning at a point in the northerly line of the
northerly roadway of Huntington Drive, in the City of
Arcadia, County of Los Angeles, State o~Cali~ornia~ dis-
tant easterly along said northerly line 864.00 ~e~t, a
little more or less, from the northerly prolongation of
the center line of Baldwin Avenue~ as said Baldwin Ave-
nue is shown upon map of Tract No. 2828, recorded on
Page 63 in Book 33 of Maps, Records of said County o~
Los Angeles; thence southwesterly along a curve concave
to the northwest and having a radius of 286.84 feet, a
distance of 135.09 feet to a point in the southerly line
of the northerly roadway of Huntington Drive (said south':'
erly'line being also the northerly line of the Pacific
Electric Railway Company's 60 foot right of way) distant
easterly measured along the northerly line of said 60
foot right of way 757.00 feet, a little more or less,
from the said northerly prolongation of the center line
of BaldWin Avenue.
I
SECTION 2:
Said grantee, its successors or assigns.
shall use in the construction of said work, the best materials,
..
including rails weighing not less than sixty pounds per yard, and
guard rail, and that the grantee hereof shall pave or macadamize
said road between the rails and for two feet on each side there-
of~ with the same material used by the City of Arcadia upon the
streets of which said spur track runs, and said grantee shall keep
the same in repair flush with the street, and shall make the road
bed oonform at all times to the established grade of said street;
and all repairs and grades to be made under the instruction and.
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to the satisfaation of the Street Superintendent and the City
Council of said City of Araadia, and the initialaonstruction
to be in aacordanae with the plans submitted to the Street
Superintendent of the City of Araadia; in case said grantee,
its successors and assigns, fails to aomply with the instruc-
tions given for said repairs, for ten days after service of
notice thereof, the City of Arcadia may enter upon the road of
said grantee, its successors or asSigns, end do the work and
keep an itemized account of the cost thereof, whiah 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, its successors
or assigns, shall comply with the provisions of all ordinances
of said City of Arcadia now in force or that may hereafter be
enacted, relative to the placing of all poles and wires and
making all excavations in pUblia streets of said City, for the
placing of obstructions thereon.
Provided further, that said grantee, it.s suaaessors
or assigns, shall construct all necessary flumes or culverts
for the free passage of water under the traoks of said Railway,
where and whenever necessary, and that all curves, aoqueducts,
turnouts and switches shall be constructed under plans and
speoifioations approved by the City Engineer; or by the City
Council of said City of Arcadia; and it is understood and agreed
that said grantee, its sucoessors or assigns, shall have the
right to exoavate 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 and agreed that the City of
Arcadia in making the grant of this franchise, expressly re-
serves the right to pave, maoadamize, remove or sewer any of
said streets, or lay gas and water or other pipes thsrein.
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1 The expense of all repairs to the roadway due to the excavation
2 for the above utilities, to be borne by the Pacific Electrio
3 Railway Company; such work to be done so as to injure said road
4 as little as possible.
5 SECTION 3: The above rights and privileges are
6 grant ed upon the express condition that work upon said track
7 shall be begun.by the grantee, its successors or assigns,
8 within four months of the taking effect of this Ordinl1-D-ce, and
9 said work will oontin~e diligently thereafter, and shall be
10 oompleted within twelve months thereafter.
11 It is further understood and agreed, that in oase any
12 portion of said traok is unused and unoperated by the grantee,
13 its sucoessors or assigns, for six months after completion
14 according to plans on file with said City of Arcadia, then
15 that part of the traok shall'become forfeited, and all rights
16 granted herein shall determine and oease,as to the unused
17 portion of said traok; and the said grantee, its sucoessors or
18 assigns, agrees to remove said rails, ties and pa~ing, putting
19 said Huntington Drive in the same oondition it was on the date
20 this Ordinance was approved by said Oity of Arcadia.
21 SECTION 4: The grant of this franohise is effective
22 only upon the further condition that the grantee, within flve
23 days after said franchise is awarded to it, file with the said
24 City Oounoil a bond running to said City in the penal sum of
25 One Thousand ($1,000.00) Dollars with at least two good and
26 suffioient sureties, to be approved by said City Council, con-
27 ditioned that said grantee shall well and truly observe, fulfill
28 and perform each and every term and condition of said franchise,
29 and that in oase of any breach of condition of said bond the
30 whole amount of the penal sum therein named shall be taken and
31 deemed to be liquidated damages, and shall be recoverable from
32 the principal and sureties upon said bond. If said bond be not
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1. so filed the award of said franchise will be set aside, and any
2 money paid therefor will be forfeited.
3 SECTION 5: It is further understood and agreed,
4 that the grantee, its successors or assigns, shall during the
5 life of this franchise pay to the City of 'Arcadia, two (2%)
6 per cent of the gross annual receipts arising from the use and
7 operation of said spur track.
8 Provided, no percentage shall be paid for the first
9 five years succeeding the date of this franchise, but there-
10 after, such two (2%) per cent shall be payable annually on the
11 first day.of January of each year, to the City of Arcadia; and
12 in the event said payment is not made, this franchise shall be
13 forfeited.
14 SECTION 6: It is further understood and agreed,
15 that the said spur traok will not be used for any purpose
16 other than to haul freight to and from said Los Angeles Turf
17 .Olub. And if said raoe traok or said Turf Club is prohibited
18 from operating by law, Federal, state or local, or is closed
19 or unused or not operated for a period of six months, then all
20 rights herein granted shall determine and cease, and the said
21 grantee, its successors or assigns, agree to remove said rails,
22 ties and paving, putting said Huntington Drive in the same
23 condition it was on the date this Ordinance was approved by
24 said City of Arcadia.
25 SECTION 7: It is further understood and agreed, that
26 during the time of construction of said spur track across Hunt-
27 ington Drive, the Pacific Electric Railway Company, its. success-
28 ors or assigns, assumes all responsibility in case of accident
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or injury to the traveling public, and will defend and pay all
claims or judgments in case of court action or otherwise.
SECTION 8:
It is further understood and agreed, that
the grantee, its successors or assigns, will at all times when
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using said spur traok for the purpos.e herein specified, provide
a competent flagman or flagmen who shall be stationed upon the
street. for the purpose of and shall warn the traveling public
of any danger or dangerous oonditionor .of any cars, locomo-
tives, trains, or any and all other vehioles or modes of
transportation whioh the grantee, its successors or assigns.
may be using for the purpose of transporting freight over said
spur traok.
SECTION 9:
The said grantee, its successors or
assigns~ are hereby required to file a writtan aooeptanoe of
the terms and oonditione hereof with the 01erk of said City.
within thirty days after the passage of this Ordinance.
.SECTION 10: This Ordinance is necessary for the
immediate preservation of the publio peaoe, health and safety,
for the reason that by the construction of a raoe track, the
erection of stables to house horses, many horses will be kept
on the Turf Club property, and large quantities of feed and
material. as well as the horses, will be taken in over the
spur traok, and thereby kept off the public streets of the
City of Aroadia.
SECTION 11:
The City Clerk shall certify to the
adoption of this Ordinance, and oause the same to be published
once in the Aroadia Tribune, a weekly newspaper published and
oiroulated in said Oity of Arcadia, and thereupon and thereafter
the same shall take effeot and be in force.
I hereby certify that the foregoing Ordinanoe was
adopted at a regular meeting of the City Counoil of the City
of Aroadia, held on the 21st day of August, 1934, by the
affirmative vote of at least three Councilmen, to-wit:
AYES:
Counoilmen, Daniele, Hoffman, MoLean and
Schrader.
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HOElS: Hone.
ABSENT: Counoilman Krebs.
~~
-. Ci ty Clerk.
Signed and approved this 21st day of August, 1934.
Mayor_
ATTEST:
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