2819ORDINANCE 114-0. 2819
AN ORDIII,�Tai,",,CL OF T'HE" CITY OF ANAL.rlli,
GRANTING A FRT-21CHISE TO THE SOUTHERN,
PACIFIC TRANSPORTATI01-14 C016P2%NY TO
CONSTRUCT, MAINTAIN, AND OPIRATEA
DRILL TRACK ACROSS HOWELL AVE�','UE IN
THE CITY OF ANAHEIM.
.
Trilh CITY COUNCIL OF TH1.1 CITY OF AETUTIEIIJ i
DOES ORjj'AI��
AS FOLLOWS
SECTIO? I.
The City Council of the City of Anaheim hereby grants
to the Southern Pacific Transportation Conpany, the right to con-
struct, 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. & N. lying parallel witda
and 5 feet on each side of the centerline 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 City of AnaheiTa. recorded in 3oo],: 8843, page 952 of Official
Records, on January 13, 1969, in the Office of said Recorder;
thence North 890 461 15' East, along said centerline of Hoy ell
Avenue.. 1006.37 feet, 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.
SECTION 2.
The term of said franchise is indeterminate and shall
endure in full force and effect until the same shall be volun-
tarily surrendered or abandoned by Southern Pacific Transportation
Company, or until the State of California, or some other municipal
or public corporation, thereunto duly authorized by la -v,7, shall
purchase by voluntary agreement or shall condeii,,n and take, under
the power of eminent domain, all property actually used and useful
in the exercise of such franchise and situate within the terri-
torial limits of the State, municipal or public corporation pur-
chasing 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 1,maheir. 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.
SECTION 3.
Southern Pacific Transportation Company shall comply with
all lawful ordinances, rules and regulations heretofore or here-
after 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.
S ECT I O N 4.
Southern Pacific Transportation Cpmpany shall pay to the
City of Anaheim on demand the cost of all repairs to public pro-
perty made necessary by any of the operations of Southern Pacific
Transportation Company under said franchise.
SECTION 5 .
Southern Pacific Transportation Company agrees to indem-
nify 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.
SECTION 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.
SECTI(Xi 7.
Southern Pacific Transportation Company small pay all
costs and expense of constructing the drill tract-: herein referred
to and all safety and protective devices installed, whether
voluntarily or by order of the City of Anaheim. or the Public
Utilities Commission of the State of California.
SECTION 8.
Southern pacific Transportation Company= shall pay all
costs and expenses of maintaining any safety and protective devices
constructed and installed on the property herein described. In
the event that the Public Utilities Commission of the State of
California determines now or hereafter that the Citv of Anaheim is
required to pay any costs and expenses of constructing or main-
taining any of the track or protective devices installed pursuant
to this franchise, then this franchise shall automatically termi-
nate and be of no further force and effect. In that event, Southern
Pacific Transportation Company will remove all track and protective
devices installed pursuant to this franchise within thirty (30)
days after written notification by the City to do so.
SECTION 9.
Southern Pacific Transportation Company shall pay to the
City a sum, of money sufficient to rein -,burse the City for all pub-
lication expenses incurred by it in connection with the granting
of this franchise. Such payment shall be made within thirty (30)
days after the City furnishes the grant to the Southern Pacific
Transportation Company with a written statement of such expenses.
-2-
SECTION10 .
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim. Bulletin,
a newspaper of general circulation, printed, published and cir-
culated in said City, and thirty (30) days from and after its
final passage it shall take effect and be in full force.
THE FOREGOING ORDINAItiCE is approved and signed by
me this _ 16th day of� June 19 70
IJAYOR/OF WM C.1 0Fv :. V3
Pro -Tem
ATTEST:
CI-TCI-TY CLERK OF THE CITY OF At1AIir,II1
AR11:kw:6/15/70
-3-
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 Ordinance No. 2819 was introduced
at a regular meeting of the City Council of the City of Anaheim, held
on the 2nd day of June, 1970, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 16th
day of June, 1970, by the following vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Clark and Dutton
AND I FURTHER CERTIFY that the Mayor Pro -Tem of the City
of Anaheim approved and signed said Ordinance No. 2819 on the 16th
day of June, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of June, 1970.
i
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No.
2819 and was published once in the Anaheim Bulletin on the 26th day
of June, 1970.
City Clerk
M�23
• a6taU