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HomeMy WebLinkAbout1956 068 CC RESO1956 068 CC RESO ZX ZPJG8RESOLUTION NO. A RESOLUTION OF THE C3TI COUNCIL OF THE CITY OF BALD™ PARK DECLARING ITS INTENTION TO CEAKT THE FRANCHISE APPLIED FCR BY THE PACIFIC EIECTRIC RAILWAY COMPANY FOR THE CONTINUED MAINTEN- ANCE, RECONSTRUCTION, AND OPERATION OF A STANDARD QAU® RAIL- ROAD TRACK ACROSS EAST RAMONA BOULEVARD ADJACENT TO THE INTER- SECTION OF RAILROAD AVENUE AND DCWING AVENUE IN THE CITY OF BAIDWIN PARK. WHEREAS, this City Council has received from Pacific Electric Railway Company, a corporation, and engaged as a public utility in operating a railroad in the State of California, including the City of Baldwin Park, an application for a franchise for the continued maintenance, reconstruction and operation of a standard gauge railroad track in the City of Baldwin Park, County of Los Angeles, State of California, over the route the center line of which is described as follows: A single main line track, crossing East Ramona Boulevard, the center line of said track being a line parallel with and 10 feet southeasterly, measured at right angles, from the southwesterly prolongation of the southeasterly line of Railroad Avenue, $5 feet in width. and WHEREAS, said application further states that the applicant if granted the franchise therein applied for, will pay to the City of Baldwin Park, during the life of such franchise, the aggregate sum of two per cent of the amount of the gross annual receipts arising from the use, opera- tion or possession of said franchise, and if the amount paid is incorrect, in the judgment of the City of Baldwin Park it may order the payment of such additional sum as it may find due hereunder, and if not paid the same may be collected by suit, any neglect, omission or refusal by said grantee or its successors or assigns to file said verified statement, or to pay the said percentage shall ipso facto work the forfeiture of said franchise and of all rights thereunder to the City of Baldwin Park. NOW, THEREFORE, BE IT RESOLVED that this City Council does hereby declare its intention to grant to Pacific Electric Railway Cosipany the franchise so applied for, and Monday, the 19th day of Nov- ember, 19$6, at 8:00 o'clock p«m», at the place where this City Council meets, to wit. Old Central School Auditorium, 14.006 N. Pacific Avenue, Baldwin Park, is hereby fixed as the day, hour and place when and where any and all persons having any objection to the granting of such franchise may appear before this City Council, and be heard thereon, the time so fixed for such hearing being not less than twenty 20) nor more than sixty 60) days after the date of the passage of this resolution; and BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to publish a notice at least once within fifteen l^) days after the passage of this resolution, in a newspaper of general. circulation within this City of Baldwin Park, to wit, in the Baldwin Park Bulletin, in the words and figures as follows, to-wit; NOTICE OF INTENTION TO CEANT RAIIEOAD FRANCHISE TO WHOM 3T MAY CONCERN: Notice is hereby given by the City Council of the City of Baldwin Park that it intends to grant to the Pacific Electric Railway Company, a corporation, a franchise to continue maintenance, reconstruc- tion and operation of a standard gauge railroad track in the City of BIB] 38238-U01 1956-U02 068-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52725-U03 C6-U03 RESO-U03 9/8/2004-U04 ROBIN-U04 1956 068 CC RESO ZX ZPJG8RESOLUTION NO. Baldwin Park, County of Los Angeles, State of Calif omiaj and that Monday, the 19th day of November, 19^6, at 8:00 o^lock p.m., at the place where this City Council meets, to wit. Old Central School Auditorium, 1^006 N. Pacific Avenue, Baldwin Park, is hereby fixed as the day, hour and place when and where aiy and all persons havMg any objection to the granting of said franchise may appear before this City Council and be he^d thereon. At any time not later than the hour so set for the hearing of objections any person interested may make written protest, stating objections against the grating of such fran- chise. Such protest must be signed by the protestant and be delivered bo the clerk of this City Council. The term for which said franchise is proposed to be granted is forty years, The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City of Baldwin Park two per cent of the a^noun-L of the gross annual receipts arising from the use, operation or possession of said franchise. Said percentage will be paid annually from the date of the granting of said franchise, and in event such payment shall not be nade said franchise will be forfeited. Dat ed October 16,1956. Elmer Cook Clerk of the City Council of the City of Baldwin Park. 5 and BE IT FURTHER RESOLVED that the grantee of said franchise shall be required to file a bond running to the City of Baldwin Park, with at least two good and sufficient sureties to be approved by this City Council, in the penal sum hereby prescribed to be five thousand dollars $?,000*00), conditioned that such grantee shall well and truly observe, fulfill and perform each and every term and condition of said franchise, and that in case of any breach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. If said bond be not so filed, the award of said franchise will be set aside, and any money paid therefor Mill be forfeited. ADOPTED, SIGMED AND APPROVED this l6th day of October^ 19^6. itySlerk STATE OF CALIFORNIA. COUNTY OF LOS ANGELSS ss CITY OF BALDWIN PARK I, Elmor Cook, ty Clerk of the City of Baldwin Park, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Cpuncil of said City and was approved by the Mayor of said city at a regtaS?^^.ilfe of said City Council held on the l6th day of October, 19^6, and that it was adopted by the following vote; AYES: Council2aen^^ ili^:. /-^/./, T^Y^L^ NOES 2 C ounc lime n /j/p-^ ABSENT: Counciljnen iUa^ City Cleric BIB] 38238-U01 1956-U02 068-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52725-U03 C6-U03 RESO-U03 9/8/2004-U04 ROBIN-U04