1960-6429WHEREAS, the City of Anaheim desires to construct a
storm drain inlet within Orange County Flood Control Districtts
right of way of the West Anaheim Storm Drain approximately 800
feet east of Muller Avenue; and
WHEREAS, the Orange County Flood Control District
has submitted to the City of Anaheim a form of permit to be
accepted and agreed to by the City, granting to the City of
Anaheim permission to construct a storm drain inlet within
said Districtts right of way of the West Anaheim Storm Drain
approximately 800 feet east of Muller Avenue, subject to the
terms, covenants, and conditions set forth in said permit; and
WHEREAS, the City Council finds that it would be for
the best interest of the City to accept said permit, subject
to the terms, covenants and conditions therein contained.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the permit this day submitted to
the City of Anaheim by the Orange County Flood Control District,
granting to the City permission to construct a storm drain in-
let within said Districtts right of way of the West Anaheim
Storm Drain approximately 800 feet east of Muller Avenue, sub.
ject to the terms, covenants and conditions set forth in said
permit, be and the same is hereby approved and accepted.
That the terms, covenants conditions of said
be kept, performed and agreed to by the City are as
permit to
follows:
Permittee shall agree to save the Orange County Flood
Control District, its officers, agents or employees,
harmless from any and all penalties, liabilities or
loss resulting from claims or court actions, arising
directly or indirectly out of any damage or injury
to persons or property by reason of the acts or
omissions of the Permittee, its agents, employees
or independent contractors employed by it, in exer-
cising any of the privileges granted or in conse-
quence thereof.
2. Should any damage or injury to said Districtts works
occur, either through the acts of agents, servants or
employees of Permittee or by any independent contrac-
tor of Permittee in the exercise of the rights granted,
Permittee shall immediately, upon the written demand
of said District, restore such works to the condition
of same on the date of the issuance of said Permit
at Permitteets cost or expense. The question as to
whether or not any such damage or.injury has been
caused to the works shall be determined by the Flood
Control Engineer and his determination shall be final.
1.
RESOLUTION NO. 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND ACCEPTING APERMIT
FROM ORANGE COUNTY FLOOD CONTROL DISTRICT
GRANTING TO THE CITY PERMISSION TO CONSTRUCT
A STORM DRAIN INLET WITHIN SAID DISTRICT'S
RIGHT OF WAY OF THE WEST ANAHEIM STORM DRAIN;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
ACCEPT SAID PERMIT FOR AND ON BEHALF OF THE
CITY.
-1-
Engineering
Dir Pub Util
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and they are hereby authorized to accept said permit for
and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 1st day of November, 1960.
ATTEST:
3. The Orange County Flood Control District may reserve
the right unto itself to, perform any flood control
work, upon any portion or all of the area covered by
said Permit, or to do any other work necessary at
any time. Such work may be performed without incur-
ring any liability of any nature whatsoever to the
Permittee. It shall be further understood and agreed
that said District may reserve unto itself the rights
of ingress and egress over all or any portion of the
'subject area.
4. Upon`the expiration of said Permit, the Permittee
shall immediately remove all equipment and property
belonging to it from the premises.
5. Neither said Permit nor any of the rights therein
granted shall be assigned without the prior written
approval'of said District.
6. At least'48 hours prior to the commencement of any
works contemplated by said permit, Permittee shall
notify District's Maintenance Superintendent by
telephone at JE. 4 -0336, or by writing addressed to
him at 13872 East Garden Grove Blvd., Orange, Calif.
All works shall be in accordance with approved plans
on file with the Flood Control Engineer and all
backfilled and compacted to a relative density of
at least 90% of the maximum density, and to the
satisfaction of said District's inspector.
7. By acceptance of said Permit, the City of Anaheim
agrees that the construction work to be performed
within said District's right of way shall become
the property of the Orange County Flood Control
District'upon completion and that said District
shall be responsible for its maintenance.
8. Said permit may be cancelled by the Board of Super-
visors in the event the use permitted is abandoned
for a period exceeding one year.
CLERK OF THE CITY OF ANAHEIM
-2-
MAYOR ib F 'I` i CITY b F
Pro Tem
INi
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was passed and adopted at regular meeting
of the City Council held on the lst day of _November,
19 60 by the following vote of the members thereof.
AYES: COUNCILMEN: Chandler, Coons, Fry and
Thompson
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Schutte
Pro Tem
AND 1 FURTHER CERTIFY. that. the Mayor /of the
City of Anaheim approved and signed said resolution on
the 1st day of November 19 60
I.N WITNESS WHEREOF, I have hereunto set. my
hand and affixed the seal of the City of Anaheim this
lst day of November 19 60°
(SEAL)
fri
CITY CLERK OF THE CITY OF ANAHEIM