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1967-501 - f~jSOLurl'Im: rIG. 67R-501 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH DECLARING I:TS INTENTION TO GP~T A FRANCHISE TO ANAHEIM RAPID TRANSIT SYSTEMS, INC., A C~IFORNIA CORPO- RATION, ITS SUCCESSORS N~D jASSIGNS, TO CONSTRUCT, SERVICE, MAINTAIIN AND OPERATE A PUBLIC MASS TRANSIT SYSTmM UTILIZING, ~mEREVER POSSIBLE, ELEVATEO FACILITIES ACROSS AND OVER PUBLIC HIGHlWAYS IN THE CITY OF ANAHEI~1; FIXING A 'TIIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE PUBLICATION OF THIS RESOLUT.ION. ~'mEREAS, ANAHEI1.1 RAPID TRANiSIT SYSTEMS, INC., a Cali- fornia corporation, has made applicabion to the City Council of the City of Anaheim for a franchise to construct, service, main- tain, operate, repair and renew a public mass transit system utilizing, wherever possible, elevated facilities across and over public highways in the City of Anaheim. 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 Anaheim Rapid Transit Systems, Inc., a California corporation, as Grantee, its successors and assigns, to construct, service, maintain, operate, repair and renew, upon the terms and conditions hereinafter set forth and for a term of forty (40) years from and after the date of the passage of the ordinance granting such franchise, a public mass transit system, utilizing the streets and rights of way for elevated facilities, wherever reasonably possible (provided, how- ever, that Grantee shall not have the right to lay track at grade over and across public highways), over and across public highways in the City of Anaheim. SECTION 2. That the proposed terms and conditions of the ordinance granting said franchise shall read as follows: "1. (a) The word 'Grantee' wherever used herein shall mean and include Grantee and its successors and assigns. (b) The word 'City' wherever used herein shall mean the City of Anaheim. ,...~ (c) The words 'franchise property' as used herein shall mean all property constructed, installed, operated or maintained over or across any public highway, street, alley or other public place pursuant to any right of privilege granted by this franchise. "2. This franchise and privilege is granted and shall be held and enjoyed only upon the provisions and conditions pre- scribed by law and those contained in this ordinance. -1- - /- ii3. "4. "5. "6. .~ - The Grantee must, within ten (10) days after the passage of this ordinance, file with the Clerk of the City Council of the City of Anaheim, a written acceptance of the terms and conditions of this ordinance. All franchise property to be ~onstructed, erected, and operated under this franchise shall be built and construct- ed in a good and workmanlike manner and of good material, and shall be so erected and placed as to interfere in as minimal a way as possible witfu the use of said public streets, alleys, highways and other public places by the traveling public or for publi~ purposes and all plans, specifications and routes shall be submitted to the City Council of Anaheim for reasonable approval. If and when any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any other municipal corporation, or of any other pOliti- cal subdivision of the state Qf California, the rights reserved under this franchise to the City of Anaheim, or any officer thereof, shall inure to the benefit of such other municipal corporation or county, and its appropriate officers. Grantee shall not sell, transfer or assign this franchise or any of the rights or privileges granted hereby without the consent of the City Council, nor shall this franchise or rights or privileges be sold, transferred or assigned except by a duly executed instrument in writing, filed in the office of the Clerk of the City Council of the City of Anaheim; and provided, further, that nothing in this fran- chise shall be construed to grant to said Grantee, any right to sell, transfer or assign this franchise or any of the rights or privileges hereby granted, except in the manner aforesaid. The City of Anaheim reserves the right to improve any highway, street, alley or other public place or portion thereof over and within which this franchise is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley, public utility lines and/or facilities, or other public places or any portion thereof, and there is further reserved to the City of Anaheim and any political subdivision or district within the City of Anaheim the right to con- struct, reconstruct, install, repair and maintain in any such highway, street, alley or other public place, or portion thereof, any public improvement, or public utility lines and/or facilities. Any damage done directly or indirectly to any public street, highway, alley or other public place or public improvement by the Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this ordinance, shall be promptly repaired by said Grantee, at its sole cost and expense, to the complete satisfaction of the City. -2- -r - /~ "7. If the Grantee shall fail to comply or to conunence and diligently proceed toward the compliance with any in- structions of the City Council with respect to the loca- tion of any said franchise property or the repair of any damage to highways, stree:ts, alleys or other public places or any public improve~nt within ten days after the service of written notice upon the Grantee requiring compliance therewith, then the City Council may immedi- ately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost by the acceptance of this franchise, the Grantee shall pay upon demand. "8. The Grantee shall hold the City of Anaheim, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of the acts or omissions of the Grantee, its agents or employees in the performance of any work authorized hereunder. The Grantee shall carry public liability and property damage insurance in an amount not less than Two Hundred Thousand Dollars ($200,000.00) for injuries, including accidental death for anyone person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000.00) on account of any one accident and property damage insurance in an amount not less than One Million Dollars ($1,000,000.00) in a company or companies satisfac:tory to the City and shall keep on file with the City certificates issued by such companies showing that all of the above mentioned insur- ance has been issued and is in full force and effect so long as this franchise continues in force. The Grantee shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by it in the performance of work connected with the franchise with liability limits of not less than Two Hundred Thousand Dollars ($200,000.00) for anyone person and Four Hundred Thousand Dollars ($400,000.00) for any one accident, and property damage of Fifty Thousand Dollars ($50,000.00). Said Grantee, at its own cos~, expense and risk, shall defend any and all actions, suits or other legal proceed- ings which may be brought or instituted against the City or its officers, agents or employees on any such claim or demand and payor satisfy any judgment that may be rendered against the City or its officers, agents or employees in any such action, suit or legal proceedings or result thereof. - Nothing herein contained shall be construed as limiting in any way the extent to which the Grantee may be held responsible for payment of damages to persons or property resulting from its operations or any operations of any contractors under it. -3- .-. ,.~ "9. No percentage shall be paid to the City of Anaheim by said Grantee or assigns for the first seven years after the date of this franchise, but thereafter, the Grantee shall, during the life of this franchise, pay to the City of Anaheim in lawful money of the united States and in the manner provided by law, one percent (1%) of the gross annual receipts of the Grantee arising from the use, operation or possess~on of this franchise within the City of Anaheim. The Grantee shall file with the Clerk of the City Council of the City of F~aheim within three (3) months after the expiration of the calendar year, or fractional calendar year, following the effective date of this ordinance granting this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year, or such fractional calendar year, arising from the use, operation or possession of this franchise within the City of Anaheim, and within fifteen (15) days after the time for filing the afore- said statement, the Grantee shall pay to the Clerk of the City of Council of the City of Anaheim, in lawful money of the United States, the aforesaid one per cent (1%) of its gross receipts arising from the use, opera- tion or possession of this franchise during said preced- ing calendar year, or such fractional calendar year. Any neglect, omission or refusal of said Grantee to file said verified statement, or to pay said percentage, at the time or in the manner hereinbefore provided, which neglect, omission or refusal shall continue for more than fifteen (IS) days following notice thereof to Grantee by the City, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder. "10. Any neglect, failure, or refusal to comply with any of the conditions of this franchise, which neglect, failure or refusal shall continue for more than fifteen (15) days following notice thereof to Grantee by the City, shall work a forfeiture hereof and said City, by its City Council, may thereupon declare this franchise for- feited, and may exclude said Grantee from further use of the public streets, alleys, highways and public places of said City under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect. ^c~. "11. The Grantee, during the life of this franchise, shall keep on file with the City Council and maintain in good standing a bond running to the City of Anaheim, with at least two good and sufficient sureties approved by the City Councilor a duly qualified corporate surety, in the penal sum of One Thousand Dollars ($1,000.00) and conditioned that such Grantee shall well and truly observe, fulfill, and perform each term and condition -4- ~ ,""-" "12. - --.. of the franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein nmned shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed by the Grantee with the City of Anaheim prior to the Grantee commencing operation of its rapid transit system. This franchise is being granted with the knowledge that it will take approximately two years of engineering and feasibility study reports before the exact route and makeup of the rapid transit system can be ascertained. Progress reports must be submitted to the City Council of Anaheim at the end of the first twelve months sub- sequent to the effective date of the granting of this franchise. This franchise is granted upon the express condition that all necessary studies must have been con- cluded and construction actually begun of the rapid transit system within the City of Anaheim within two years from the granting of this franchise and such con- struction shall be diligently advanced within the City until completion. If the construction has not been begun by the period of time set forth herein within the City of Anaheim, this franchise shall become null and void, and if construction is not diligently advanced there- after within the city of Anaheim, this franchise shall become null and void. The time herein provided for shall be extended in the event that Grantee is delayed by (a) the acts of the City or its agents or employees or those claiming under agreement with, or grant or franchise from, said City, or by (b) the acts of God, or by (c) circumstances which the Grantee could not have reasonably foreseen and provided against, or by (d) stormy or inclement weather which delays progress herein or by (e) any strikes, boycotts or like obstruc- tive action by employees or labor organizations and which are beyond the control of Grantee. In the event this franchise shall become null and void, or in the event the Grantee shall terminate its opera- tions or the exercise of its rights under this franchise for any reason whatsoever, Grantee shall, at the request of the City, cause to be removed at Grantee's expense, all of the physical facilities constructed pursuant to this franchise. In the event Grantee shall fail to re- move all those physcial facilities as requested by the City, City shall be authorized to remove all of the physical facilities of the Grantee constructed pursuant to this franchise and to use any and all materials in such manner as City may detennine and to retain any and all proceeds from the sale of such materials and facili- ties if it is determined by City to dispose of them by sale. "13. Grantee, by its acceptance of this franchise, hereby agrees to pay to the City of Anaheim the expenses neces- sary for the publication and other expenses attendant upon the granting of this franchise. 'j .".-. ~ -5- ~r ~ ~ BE IT FURTHER RESOLVED that the 3rd day of October , 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 29th day of August, 1967. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE 11. WILLIA~lli, 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 29th day of August, 1967, by the following vote of the members thereof: NOES: COUNCILMEN: Krein, Schutte, Chandler and Pebley COUNCILMEN: None COUNCILMEN: Dutton AYES: ABSENT: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of August, 1967. IN WITNESS \lliEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of August, 1967. ~ ~ ~;_..--' CI CLEM OF THE CITY OF ANAHEIM /~,. ( SEAL) I, DENE do hereby certify tion No. 67R-001 Council on August M. WILLI~$, City Clerk of the City of Anaheim, that the foregoing is the original of Resolu- duly passed and adopted by the Anaheim City 29,1967. ~ ),r. 2h~~~ City Clerk -6-