Loading...
1967-251RESOLUTION NO. 67R-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SOUTHERN PACIFIC COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE ITS STANDARD GAUGE RAILROAD TRACKS IN, UPON AND ACROSS VERNON AVENUE and WINSTON ROAD, IN THE CITY OF ANAHEIM; FIXING A TINE AND PLACE FOR A HEARING THEREON; AND DIRECTING THE PUBLICATION OF THIS RESOLUTION. WHEREAS, Southern Pacific Company, a Delaware Corporation, authorized to transact business in the State of California, has made application to the City Council of the City of Anaheim for a franchise to construct, reconstruct, maintain and operate its standard gauge railroad tracks in, upon and across certain streets in the City of Anaheim, as more particularly described hereinafter in Section 1 hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. That the City Council of the City of Anaheim hereby declares its intention to grant a franchise to Southern Pacific Company, a Delaware Corporation, its successors and assigns, to construct, reconstruct, maintain and operate, upon the terms and conditions hereinafter set forth and for a period of fifteen (15) years from and after the date of the passage of the ordinance granting such franchise, its standard gauge railroad tracks in, upon and across Vernon Avenue and Winston Road, in the City of Anaheim, at locations and along the routes described as follows: All that certain piece or parcel of land situated in that portion of the Northeast quarter of Section 23, Township 4 South, Range 10 West, S.B.B. M., in the Rancho San Juan Cajon de Santa Ana, as per Map thereof recorded in Patent Book 2, pages 256 and 257, in the office of the Recorder of Los Angeles County, California, more particularly described as follows: Commencing at the point of intersection of the center line of Cerritos Avenue with a line parallel with and distant 30 feet Westerly from the West line of the East half of said Northeast quarter; thence North 0° 15' 38" West, along said parallel line, 815 feet to the true point of beginning; thence North 89° 56' 59" East, 60 feet to a point in a line parallel with and distant 30 feet Easterly from the West line of the East half of said Northeast quarter; thence South 0° 15' 38" East, along said parallel line, 47 feet; thence North 80° 53' 03" West to a point in a line parallel with and distant 30 feet Westerly from the West line of the East half of said Northeast csuarter; thence North 0° 15' 38' West along said parallel line to the true point of beginning. -1- Section 2. That said railroad company by its acceptance of said franchise will agree to 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 transit facilities, or by the con- struction or improvement of any public property or facility, or if the public health, comfort, welfare, convenience or safety so demand. Section 3. That it shall be made a condition of said franchise that the City of Anaheim expressly reserves the right to grade, sewer, pave, macadamize, repair, improve or alter said streets or any part thereof, and to lay down pipes for water, gas or other purposes therein, all such work to be done by said City of Anaheim in such a manner to injure or obstruct the tracks and business of said railroad com- pany or its said successors and assigns as little as possible and in no case so as to endanger said railroad or the operation of trains thereon. Section 4. That said tracks shall be kept constantly in repair by said railroad company and all crossings flush with the streets, and paved or planked between the rails and within two (2) feet outside of the outside rails thereof. Section 5. That by its acceptance of said franchise said railroad company will agree to comply with all lawful ordinances, rules and regulations heretofore or hereafter adopted by the City Council of the City of Anaheim in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment. Section 6. That said railroad company shall pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the franchise holder under such franchise. Section 7. That said railroad company shall indemnify and hold harmless the City and its officers and employees from any and all liability for damages proximately resulting from any operations under such franchise, and provide such insurance as the City of Anaheim may require. Section 8. That said railroad company, by its acceptance of said franchise will agree to pay to the City of Anaheim the expenses necessary for the publication and other expenses attendant upon the granting of said franchise. -2- ATTEST: Section 9. That said railroad company shall file with the City Clerk of the City of Anaheim, a written acceptance of said franchise within ten (10) days after the passage of the ordinance granting such franchise. BE IT FURTHER RESOLVED that the 6th day of June 1967, at 1 :30 P. M. of said day in the Council Chambers, in the City Hall of the City of Anaheim, California, be, and the same is hereby fixed as the day, hour and place when and where any persons having any interest in or objection to the granting of said franchise may appear before the City Council and be heard thereon. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to cause a copy of this resolution to be published at least once, within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of MaY 1967. CI .Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM AYES: NOES: ABSENT: I, DENE do hereby certify tion No. 67R- 251 Council on MAYOR OF THE CITY OF -3- City Clerk I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 2nd day of May 1967, by the following vote of the members thereof: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley COUNCILMEN: None ME COUNCILN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of May 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of May 1967. CITY CLERK OF THE CITY OF ANAHEIM M. WILLIAMS, City Clerk of the City of Anaheim, that the foregoing is the original of Resolu- duly passed and adopted by the Anaheim City 2nd day of May 19 X6