Los Angeles herald., 1906-06-08
PusLIc ADVERTISING
Ordnance No. i2.so4

period of n years thereafter to maintain
anu operate a railway spur track along,
upon ana across certain streets and alleys
In the city Of Los Angeles
The Mayor and Council Of the City Of
Los Angeles do ordain as follows.
Section !. That the right privilege and
permission be and II is hereby granted
to w. !. Hollingsworth, his successors
ana assigns, to lay and construct and
Thereafter for period OF twenty-one
years from the date of the passage of
this Ordinance to maintain a single rail
way track upon, along and across cer-
tain streets and alleys in the City Of Los
angeles. County Of Los Angeles, State Of
Salitornia, between the points hereinafter
described. lie center line of said spur
track where the same is to be located
upon or across public streets or highways
N n l, SAID city Of Los Angeles is particularly
Beginning In the southerly line of the
| Iahey between Bay and Violet streets, 14S
feet easterly. from the northwest corner
| OF lot 1Ol of the block bounded on the
south by Bay street on the west by Santa
re avenue, on the north by Violet street
and on the east by the right of way of
the Atchison, Topeka e. Santa Fe Rail
way; thence westerly on curve of S1S GO
! teet radius concave to the south a dis
tance of sos feet to point in the center
the center line Of said alley 1894 feet to
| point of ending.
Sec. 2. That the spur track which
may be laid and constructed under the
spond to the official grade of the street
| or alley across or along which IL may
be placed, where the same is improved
10 the official grade, and shall conform
| TO the natural surface OF the ground
| where such street Is not so improved,
the tops of the rails in either case to be
iiush with the surrounding surface Of
the street or alley and in event
paved or otherwise improved, under the
authority of said City of Los Angeles,
then such spur track over or upon such
street or alley and the ground for a dis
tance of two feet on each side thereof
shall be by the grantee, or his assigns,
made to conform to said grade, and shall
be so maintained by said grantee, his sue
cessors or assigns, with the tops of said
rails flush with the surface of said
streets or alley.
Sec. 9. The right privilege and permis-
sion hereby granted shall be exercised
and enjoyed subject to the following con-
dltions:
1st. That no cars or locomotives shall
be permitted at any time to stand upon
any of the streets occupied or crossed by
said spur track except during the time
actually employed in switching, loading
or unloading the. cars placed there
on. and that said spur tracks shall
at all times be so used as to obstruct
the use of said streets by vehicles or
passengers as little as possible consist
ent with the uses for which said spur
| track is to be constructed.
| I'd. That no locomotive, train or car
shall be operated or run over said
track at greater speed than eight
miles an hour.
Sd. That said grantee, his success
sors and assigns, shall construct all
necessary fumes and culverts for the
passage of water under said track
whenever or wherever necessary, and
that all such fumes or culverts shall be
constructed in accordance with plans
and specifications therefor approved by
the CITY Engineer of the City of Los
4th. That said grantee, his successors
and assigns, will plank and replank,
gravel and regravel pave and repave.
by said track and for distance
of two feet on each side thereof with
the same material and under the same
specifications and in the same manner
as said streets are now or may
hereaf fter be planked or replanked,
graveled or regraveled, paved or re-
paved, and that all such work shall be
the satisfaction Of the Board Of Public
Works of the City of Los Angeles;
and in case said grar-ee, his successors
or assigns, shall fall for period Of ten
days after service upon him of written
demand made by said Superintendent
upon the manager or agent of said
grantee, his successors and assigns, to
perform any such work in connection
with said spur track which may be di-
lected or ordered by the City Council OF
| the City of Los Angeles, then said
Street Superintendent may perform the
work so ordered and shall keep an
itemized account of the cost thereof
which the said grantee, his successors
and assigns, by the acceptance of he
privileges hereby granted to him, agree
to pay within five days after the presen-
tation to his manager or agent In the
City of Los Angeles of such itemized
account
5th. That any neglect. failure or re-
fusal on the part of the grantee, his
successors or assigns, to observe or
comply with any Of the terms or con-
shall effect forfeiture Of the right.
privilege and permission hereby grant
ed, and said city by g. resolution Of its
City Council may thereupon declare
such rights and privileges forfeited and
may exclude said grantee. his successors
and assigns, from any further use of
the streets occupied by said spur track
and the grant hereby made snail therec
upon become and remain null, void and Of
no effect.
9Th. That said city shall have the right
at the expiration of the aforesaid period or
track and roadbed and all property in any
of the streets hereinbefore mentioned be-
longing to said grantee or his successors
| i'm interest, laid or constructed under lne
grant hereb'' made, or used by said
grantee or his. successors in interest in
the exercise Of this franchise, at fair
valuation, provided that the option to
make such purchase shall have been de-
clared not more than three years nor less
than six months before the expiration of
said period, by resolution of the City
Council. The valuation of the property
proposed to be purchased pursuant to the
provisions of this Ordnance shall be de-
termined by board of three ar
bitrators of whom one shall be
appointed by the city, one by the
said grantee, or his successors IN
interest and the third by the two
arbitrators so appointed. Said arbitrators
shall be appointed within thirty days after
the declaration of said option to pur-
chase. In case said arbitrators fail to
make and file an award within the time
hereinafter limited, new board of three
arbitrators shall be appointed as hereinbe-
fore prescribed, to determine the valua-
tion of said property The Board of Arbi-
traitors shall Immediately upon the ap-
poin tment of its members enter upon the
discharge of its duties. Any vacancy in
the Board of Arbtrators shall be filed
by the party who made the original ap-
pointment to the vacant place The award
of the arbitrators must be made and filed
with the City Clerk of said city within
three months after their appointment and
a majority OF the arbitrators who agree
thereto may make such award The
amount of the valuation of said property
determined by the arbitrators as here
nbefore provided shall be paid by the
city to said grantee or his successors I'm
interest In lawful money of the United
States upon the expiration of the afore-
\ faa afk ,fxr. q A.