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HomeMy WebLinkAboutCC ORD 1946-722 Franchise (Special)a22 ORDINANCE No. 722 AN ORDINANCE GRANTING A FRANCHISE TO POULSEN & NARDON, INC., A CORPORA- TION, TO CONSTRUCT AND OP- ERATE A SPUR RAILROAD TRACK ACROSS CERTAIN STREETS IN THE CITY OF NA- TIONAL CITY. The City Council of the City of National City does ordain as follows: Section 1: That upon the terms, and subject to the provisions and conditions hereinafter set forth, there is hereby granted to FOULSEN & NARDON, INC., a corporation or- ganized and existing under and by virtue of the laws of the State of California, its successors and assigns, for and during the period of fifteen years next after the approval of this Ordinance, the franchise right to construct, erect, lay, maintain, use and operate a spur railroad track in the said City of National City along, over and under those portions of Eleventh Street and Taft Avenue in said City, and at their intersection more particularly de- scribed as follows : Commencing at a point on the south line of Block 182, 10 feet Northeasterly from the most southerly corner thereof; thence on a curve concave to the right with a radius of 286.82 feet, a distance of approximately 140 feet to a point on the Northeasterly line of Block 204, distant 22 feet from the most Northerly corner thereof crossing 11th Street and Taft Avenue, and at their inter- section.. Section 2. That said spur track shall be constructed and maintained subject to and in accordance with any ordinances of the City of Na- tiona1 City relating to and regu- lating the use of railroad tracks on streets in the City of National City, and further subject to the right of the City at any time to install and maintain in said Eleventh Street and the said Taft Avenue any and all public utility service pipes of any kind or character, including water sewers, gas, electric light, telephone and telegraph conduits, provided however that said City's right to install and maintain said public utility pipes and conduits, as herein provided, shall not unneces- sarily interfere with nor prevent the operation of said spur track by said grantee of this franchise. Section 3. That the work of con- stru..ting and operating said spur track under this franchise shall be such as not to unreasonably inter- fere with or prevent the proper use of either of the two said streets and said work of constructing and maintaining said spur track .shall be NO performed as not to interfere with any gas or water main or pipes or sewers located in said streets, and said company shall, at its own cost, replace in a proper manner all st. eet excavations which may be necessary for the construction of said spur track, and no excavation shall be kept open longer than is absolutely necessary to complete the work for which the excavation iC made, and in no case shall the City be liable or be made to pay for any injury or damage to any person or property caused by constructing any work for, or the repairing or using by said company of, any of its property. Section 4: Poulsen & Nardon, Inc., the grantee, its successors and as- signs, shall pay to the City of Na- tional City the sum of TEN DOL- LARS ($10.00) per annum; pay; ments shall be payable annually in advance, commencing on the date that the franchise becomes effec- tive and upon the same day and month of each and every year thereafter during the term of the franchise. Section 5. The grantee of this franchise, its successors and as- signs, shall extend a culvert, now existing under the branch line, from said branch line under the proposed spur track and shall keep the same free and clear at all times and maintain proper drainage under said branch line. This shall be done at the expense of the grantee of this franchise. Section 6. The grantee under this franchise shall at all times during the Iife and term of this franchise maintain guards or flagmen to give warning for the protection of the public during the time, or times, that said spur track is being used or operated by said grantee or any- one in its behalf. Section 7. This Ordinance shall become effective thirty (30) days from and after its passage and approval. Section 8: The City Clerk is here- by directed to publish this ordinance once in the National City News, a newspaper of weekly circulation, printed and published in the City of National City, California. PASSED AND 4T)OPPED by the City Council of the City of National City, California, this 1st day of October, 1046, by the following vote, to -wit : AYES: Councilmen Adams, Cord- ingly, Newberry, Thatcher. NAYS: Councilmen None. ABSENT: Fritz. FREDERICK J. THATCHER, Acting Mayor of the City of National City, California. ATTEST: FRANK W. ROGERS, City Clerk. T hereby approve the foregoing Ordinance this 1st day of October, 1946. E'REDERICK J. THATCHER, Acting Mayor of the City of National City, California. I hereby certify that the above and foregoing- is a full and true copy of Ordinance No. 722 of the Ordinances of the City of National City, Cali- fornia, as adopted by the City Coun- cil of said City, and approved by the Mayor of said City, on the 1st day of October, 1946. FRANK W. ROGERS, City Clerk Of the City of,! National C' y, �.lirni2. r ° News,;..-14--10-11; Jn 4�.. AND I HERESY CERTIFY that the same has. been duly published accord- inyto law. CITY CLERK, CITY `OF NATIONAL CITY, CALIF- ORNIA.