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70R-225 RESOLUTION NO. 70R- 225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT TO THE SOUTHERN PACIFIC TRANSPORTATION COM- PANY A F~CHISE TO CONSTRUCT, ~mINTAIN AND OPERATE A DRILL TRACK ACROSS HOWELL AVENUE IN THE CITY OF ANAHEIM. WHEREAS, Southern Pacific Transportation Company has, by letter dated November 17, 1969, submitted its application to the City of Anaheim for permission to construct, maintain and operate a drill track across Howell Avenue in the City of Anaheim; and WHEREAS, Section 1401 of the Charter of the City of Anaheim requires that the City Council pass a resolution declar- ing its intention to grant a franchise and fixing a date and place when and where any person interested therein may object to the granting of said franchise; and WHEREAS, Section 1401 of the Charter of the City of Anaheim provides that said resolution also contain the terms and conditions upon which it is proposed to grant said franchise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it hereby declares its intention to grant a franchise to the Southern Pacific Transportation Company to construct, maintain and operate a drill track over the follow- ing described property; BE IT FURTHER RESOLVED that any person having an interest in or objecting to the granting of said franchise may be heard on the 2nd day of June , 1970, at 1:30 o'clock P.M. or as soon thereafter as the matter may be heard. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim hereby declares that it proposes to grant said franchise on the following terms and conditions: 1. The City Council of the City of Anaheim hereby grants to the Southern Pacific Transportation Company, the right to construct, maintain and operate a drill track across the following described property: That portion of the southeast quarter of Section 23, Township 4 South, Range 10 West, S.B.B. & M. lying parallel with and 5 feet on each side of the center- line of railroad track described as follows: Commencing at the intersection of the centerline of Lewis Street as shown on that certain Map recorded March 6, 1967, in Book 6, page 44, of the Parcel Maps, in the Office of the Recorder of Orange County, with the centerline of that certain strip of land known as Howell Avenue and described in that certain indenture dated March 4, 1968, from the Southern Pacific Company, to the Cit~ of Anaheim, recorded in Book 8843, page 95~ of Offlcial Records, on January 13, 1969, in the Office of said Recorder; thence North 890 46' 15" East, along said centerline of Howell Avenue, 1006.37 feet, -1- '~"'''""''''>'''-'"-'-''_." - to the true point of beginning; thence northerly, at right angles to last said centerline, 32 feet, to the north line of the land described in said indenture; thence southerly in reverse direction, along last said line 64 feet to the south line of the land described in said indenture. 2. The term of said franchise is indeterminate and shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by Southern Pacific Transportation Company, or until the State of California, or some other municipal or public corpora- tion, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with its terms by the Southern Pacific Transportation Company. It is understood and agreed by the Southern Pacific Transportation Company that in the event the City of Anaheim determines to commence eminent domain proceedings to acquire said franchise, that no value shall be placed upon the franchise privilege, either in valuation or voluntary purchase or by way of valuation pursuant to eminent domain proceedings. 3. Southern Pacific Transportation Company shall comply with all lawful ordinances, rules and regulations here- tofore or hereafter adopted by the City Council in the exercise of its police power governing its construction, maintenance and operation of the drill track constructed pursuant to this franchise. 4. Southern Pacific Transportation Company shall pay to the City of Anaheim on demand the cost of all repairs to public property made necessary by any of the operations of Southern Pacific Transportation Company under said franchise. 5. Southern Pacific Transportation Company agrees to indemnify and hold harmless the City and its officers and employees from any and all liability for damages proximately resulting from any operations under said franchise. 6. Southern Pacific Transportation Company shall remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or elevated transfer facilities, or by the construction or improvement of any public property or facility, or if the public health, comfort, welfare, convenience, or safety so demands. 7. Southern Pacific Transportation Company shall pay all costs and expense of constructing the drill track herein referred to and all safety and protective devices in- stalled, whether voluntarily or by order of the City of Anaheim or the Public Utilities Commission of the State of California. -2- "".............~-----"-". ........ 8. Southern Pacific Transportation Company shall pay all costs and expense of maintaining any safety and pro- tective devices constructed and installed on the pro- perty herein described. In the event that the Public Utilities Commission of the State of California deter- mines now or hereafter that the City of Anaheim is required tc pay any costs and expense of constructing or maintaining any of the track or protective devices installed pursuant to this franchise, then this fran- chise shall automatically terminate and be of no further force and effect. In that event, Southern Pacific Transportation Company will remove all track and pro- tective devices inst~lled pursuant to this franchise within thirty (30) days after written notification by the City so to do. 9. Southern P_cific Transportation Company shall pay to the City a sum of money sufficient to reimburse'the City for all publication expenses incurred by it in connec- tion with the granting of this franchise. Such payment shall be m~de within thirty (30) days after the City furnishes the grant to the Southern Pacific Transporta- tion Company with a written statement of such expenses. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of May__, 1970. . {) ,~1~ ~, .~- ~::;F ~ CI I OF'" AN . EIM -1..- ATTEST: .~ OF THE CI OF ANAHE M - -3- ARW:ms/4-21-70 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) ..-.....> I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-225 was intro- duced and adopted at a ~egular meeting provided by law, of the City Council of the City of Anaheim, held on the 5th day of May, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COUNCIl.MEN: None ABSENT : COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed saio Resolution No. 70R-225 on the 5th day of May, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of May, 1970. (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-225 duly passed and adopted by the Anaheim City Council on May 5, 1970. ~ ),r :?~.. ~..~ City Clerk .~. """"".-"--",,,"~'.''''-''