3420
4 RDINA
NO. 342.
H. G. Ames
CITY ATTORNEY
ANAHEIM, - CALIFORNIA
n
Affidavit of Publication
In the Superior Court of the County of Orange
State of California
VS.
Plaintiff
Defendant
STATE OF CALIFORNIA, ss.
County of Orange,
t�. . ........................being first duly
sworn, depose and says: That at all times hereinafter mentioned .he was
a citizen of the United States, over theage of eighteen years, and a resident
of said county, and was at and during all said times the printer, publisher and
proprietor of the Anaheim Gazette, a newspaper of general circulation, print-
ed and published weekly in the City of Anaheim, in said County of Orange,
State of California; that said Anaheim Gazette is and was at all times herein
mentioned, a newspaper of general circulation and is published for the dis-
semination of local and telegraphic news and intelligence of a general char-
acter, having a bona fide subscription list of paying subscribers; that at all
said times said newspaper had been established, printed and published in the
said City of Anaheim, in said County and State at regular intervals for more
than one year preceding the first publication of the notice herein mention-
ed; that the ............�l w.w!-C • • •<•1.4 y 2'`
of w*ieh the
annexed iiss�a printed copy, was published and printed in said newspaper at
least ... "".” ................. ing on he
..............day of ............................ , igi and Wrung nn the
.............. 4019"es ............................betx a y „�e,
swa-sa-er€kear er was r ed; that
is to say, on the following dates, to -wit:
--',.,... 9.. �'. .............
��-
I
ORDINANCE NO. 342•
AnOrdinance of the City of Anaheim,
Granting to the Anaheim Orange and
Lemon Association, a, Corporation, i
the Right 'to Construct and, for a
Period of Fifty Years, to Operate and
Malntaln a Railroad Spur Track in
and Over a Certain Portion of South
Claudina Street in Said City..
The Board of Trustees of the City of
Anaheim do ordain as follows:
Section 1. That the right, privilege and
franchise is hereby granted to the Ana-
heim 'Orange and Lemon Association, a` +
eorporati'on, organized and existing un er ,
the " acadarinize r delay gas,
It Mize• or uY said street or to
said
d rtton Injure
the said
other pipes oasible: pro
r' one so as to inJ +-
p k as little as Pon gtodartail-
r that the Cara uP
shall not oe '1l audina street
portion of S obstruct the tide
it manner as to edestrians.
=street by Vehicles orrovided, and
It is further n the express
"an 7; even upon if anY
ianchtse is g the work 01
I, that (excl afvlaw) delaY'shall b4
ed by process track mn
mPl ctIng Sal t d Within aftera phei datef of th
6nths from and ordinance. trac
( r assage a this O ranted, is ur.
In the event that the said railcoa
su this franchisefor the period of the
the; for -me unpperated letion thereof,
the , used or the comp forfeited,
Iran year after under this Ira
void this franc h g„rited under at the opts'
Se all rig cease, Board
City of Anaheim, of Anahe m. -ay
of : shall oeterni an !ice T6
of t' of the the City
be Trustees of _ � Ga-
zette y newspaper published in
State of California, and thirty days after
As final passage it shall take ef>pCt and
be in full force.
The foregoing Ordinance is sighed, ap-
proved and,attested by me this 12th day
of December, A. D. 1918.
(Seal) J. J. DWYER,
President of the Board of Trustees of the
City of Anaheim.
Attest: EDWARD B. MERRITT,
City Clerk of the City of Anaheim:
STATE OF CALIFORNIA, )
4 COUNTY OF ORANGE, )ss.
Q CITY OR ANAHEIM, )
! 1, Edward B. Merritt;, City Clerk of the
f Citi of Anaheim, do hereby certify that
ithe foregoing Ordinance -was introduced
at a'meeting of the Board of Trustees of
the City of Anaheim, 4ield on the 29th day
of November, A. D. 1918, and that the
same was passed and adopted at a regu-
lar meeting of the Board of Trustees. of
the City of Anaheim held on'the 12th day
of December, A. D. 1918, by the following
vote:
Ayes, Trustees: Dwyer, Stark, Backs,
McFadden and Gibbs.
Noes, Trustees: None.
Absent and not voting, Trustees: None. .
And I further certify that the President
of the Board of Trustees of the City of
Anaheim signed said Oridnance ori the
j 12th day of December, A. D. 1918.
In witness whereof I have hereunto set
my hand and affixed the official seal of
the City of Anaheim, this 12th day of
December, A. D. 1918.
(Seal) EDWARD B. MERRITT,
City Clerk of the 'City of Anal
SUBSCRIBED ,FIND SWORN to
before me this ........ ••••••••••••day of
f c. x.......1915....
................................
ORDINANCE NO. 342.
An Ordinance of the City of Anaheim,
Granting to the Anaheim Orange and
Lemon Association, a Corporation,
the Right to Construct and, for a
Period of Fifty Years, to Operate and
Maintain a kaiiroad Spur Track in
and Over a Certain Portion of South
Claudina Street in Said City.
The Board of Trustees of the City of
Anaheim do ordain as follows:
Section 1. That the right, privilege and
franchise is hereby granted to the Ana-
heim Orange and Lemon Association, a
corporation, organized and existing tinder
the laws of the State of California and to
its successors and assigns, to construct,
and for the period of fifty years from the
date hereof, to rijaintain and operate, a
railroad spur track, operated by steam
power, along and oveli, the route described
as follows, to -wit:
Beginning at a point in existing South-
ern Pacific Railroad Company_ track on
the northeAy side of East Santa Ana
Street, said point being on the Southerly
prolongation of the Easterly line of South
Claudina Street in the City of Anaheim;
thence westerly along an irregular curve
concave to the North, sixty (60) feet,
more or less to a point on the VWl�esterly
line of said South Claudina Street, said
point being distant Northerly thereon five
5) feet, more or less from its intersection
with the Northerly line of Santa Ana
Street.
Together with the right to construct,
maintain and operate all the necessary
and proper switches, and other attach-
ments for use in connection therewith
and all other appliances, properties, struc-
tures, attachments and appurtenances
necessary for the purpose of carrying.
freight by means' of cars and locomotives
propelled by steam, over and along that
portion of said street herein before de-
scribed.
Section 2. Authority is hereby granted
to use electricity or compressed air or
both, either with or without steam, for
the purpose of propelling cars or trains
on the railroad track, constructed under
the franchise or permit herein granted.
This authority is granted under provis
ions of Section 465-A of the Civil Code of
the State of California.
Section 3. That said franchise is grant-
ed upon the terms and conditions herein-
after cont4ined and said grantee shall file
with the Clerk of the Board of Trustees
of the City of Anaheim, a written accept-
ance thereof within thirty days after the
passage of this Ordinance.
Section 4. That the grantee of said
franchise, its successors or assigns, shall
use the best materials in the construction
of said railroad track and that certain
rail known as the "Trilby rail' and none
other shall be used in the construction
thereof.
The grantee of said franchise, its suc-
eessors or assigns shall, as soon as said
railroad track shall have been construct-
ed and within not to excee{t thirty days
after its completion, repave said street
between the rails of said railroad track
and restore the pavement on said street
to as good condition as the same now is;
and shall, during the life of the franchise
herein granted, pave or re -pave, that por-
tion of said street between the rails of
said railroad track and for a distance of
two feet on each side thereof, whenever
It shall be required so to do by said City
of Anaheim, and the grantee. of said
franchise shall keep the same in repair
flush with the street and provide a good
and suitable crossing; provided further
i rat said grantee, its successors or as-
signs, shall at its own cost and expense,
reconstruct, repair and replace any and
all sidewalks that may be disturbed or in-
jured by the said grantee in the course of
the construction of said railroad track.
:..ud railroad track shall conform at all
times to the established grade of South
Claudina Street in the City of Anaheim,
so the top of its trails shall be flush with
the street grade.
All repairs made by the said grantee,
Its successors or assigns, shall be made
under the supervision of the Superinten-
dent of Streets, of the City of Anaheim.
In case the said grantee, its successors
or assigns, shall fall to comply with any
instructions given by said Superintendent
Of Streets for necessary repairs or for
paving or macadamizing or re -paving or
re -macadamizing .said, streets, or shall
fail or neglect to so Construct, repair or
replace said sideMv*Iks as aforesaid, for
ten (10) days arEer service of notice
thereof upon the President, Superinten-
dent, Man ger or other officer of said
grantee, then the Superintendent of
Streets of the City of Anaheim may, with
suitable assistance, enter upon said rail-
road track, or any portion thereof and do
the work and furnish the proper material
and keep an itemized account of the cost
thereof, which said grantee, its succes-
sors or assigns, by the acceptance of this
franchise agrees to pay promptly to the
City Clerk of the City of Anaheim, upon
the presentation of the account to the
President, Manager or other officer of said
grantee.
Section 5. That the said grantee, its
successors or assigns, shall comply with
the provisions of all ordinances of the
said City _of Anaheim, now in force or
and that all work done upon said railroad
track shall be constructed under plans
and specifications to be approved by the
k_ .Q "lgineer or the Board of Trustees
of the t;tiy of Anaheim, after plans for
saia work shall nave been subtpitted to
said City Engineer.
It is unaerstooa that said grantee, its
successors or assiins, shall have tile_ right
to excavate and remove portions of said
street necessary to properly construct
said railroad track and erect all needful
apparatus to properly equip and operate
the same. It being further understood
that the City of Anaheim, in making the
grant of this franchise, expressly re-
serves the right to pave or re -pave, ma-
cadamize or re -macadamize or sewer the
said portion of said street or to lay gas,
water or other pipes thereunder; said
work to be done so as to injure the said
railroad track as little as possible; pro-
vided further that the cars upon said rail-
road track shall not be allowed to stand
upon said portion of South Claudina street
in such a manner as to obstruct the use
of said street by vehicles or pedestrians.
Section 7. It is further provided, and
this franchise is given upon the express
coadition that (exclusive of delay, if any,
caused by process of law) the work of
constructing said railroad track shall be
completed within tie period of nine
monins from and after the date of the
passage of this Ordinance.
In the event that the said railroad track
for which this -franchise is granted, is un-
used or unoperated for the period of one
a:tr after the completion thereof, then
this franchise shall become forfeited, and
all rights granted under this franchise
shall determine and cease, at the option
of the City of Anaheim„ and the Board of
,y 1 astees of the City of Anaheim, may de-
clare the saia franchise forfeited, and the
said railroad track and rails and other
equipment forfeited to the City of Ana-
heim.
ection 8. That the City of Anaheim
reset ves and excepts from the operation
of the grant of this franchise, the right to
grant such other franchises across, over,
under and along the said street, as the
law now does and may hereafter permit.
Section 9. The City of Anaheim, never-
theless, reserves the right to lay, con-
struct and maintain all water mains, gas
or sewage pipes and storm drains under
and along or across the right-of-way
herein granted, provided that the same
shall be so laid, operated and maintained
in such manner as not to interfere with
traffic over said railroad and said City of
Anaheim likewise reserves the right to
construct, and maintain whatever wires
and cables over the right-of-way herein
granted it may deem necessary for the
purpose of transmitting electricity, elec-
tric eitergy, telephone or telegraphic mes-
sages.
section 10. Said franchise is granted
subject to the rigllii_t of the railroad com-
mission—of the State of California to re-
fes,e to permit the construction of said
railroad track and also subject to the
right of the said railroad commission to
prescribe upon what terms and condi-
t,ons said railroad track may be con-
structed or trains operated thereon.
♦ Section 11. Any neglect, failure or re-
fusal to comply with any conditions of
this franchise for thirty days after writ-
ten notice from the Board of Trustees of
the City of Anaheim, shall be ground for
a forfeiture thereof and the Board of
Trustees of the City of Anaheim may
thereupon declare the said franchise for-
feited and may exclude said grantee, its
successors and assigns from further use
of the streets of the City of Anaheim un-
der this franchise and said grantee, .its
successors or assigns shall immediately
thereupon surrender all rights in and to
the same to the City of Anaheim and said
i ,nchise shall be deemed and remain
void and of no effect.
Section 12. The City Clerk of the City
of Anaheim shall certify to the passage
of this Ordinance and cause the same to
be published once in the Anaheim Ga-
zette, a weekly newspaper published in
the City of Anaheim, Countv of Orange,
State of California, and thirty days after
its final passage it shall take effect and
be in full force.
The foregoing Ordinance is signed, ap-
proved and attested by me this 12th day
of necember, A. D. 1918.
(Seal) J. J. DWYER,
President of the Board of Trustees of the
City of Anaheim.
Attest: EDWARD B. MERRITT,
City Clerk of the City of Anaheim.
STATE OF CALIFORNIA, )
COUNTY OF ORANGE, )ss.
CITY OR ANAHEIM, )
L Edward B. Merritt, City Clerk of the
City of Anaheim, do hereby certify that
the foregoing Ordinance was introduced
at a meeting of the Board of Trustees of
the City of Anaheim, held on the 29th day
of November. A. D. 1918, and that the
same was passed and adopted at a regu-
lar meeting of the Board of Trustees of
the City of Anaheim held on the 12th day
of December, A. D. 1918, by the following
vote:
.Ayes, Trustees: Dwyer, Stark, Backs,
AI,4'adden and Gibbs.
Noes, Trustees: None.
Absent and not voting, Trustees: None:
And I further certify that the President
of the Board of Trustees of the City of
ern Paeifie Railroad Company track on
th@, northeity side of East Santa Ana
:treat, said point ,being on the Southerly
prolongation of the Easterly line of South
Claudina Street in the City of Anaheim;
thence Westerly along an irregular curve
concave to the North, sixty (60) feet,
more or less to a point on the WWesterly
line of said South Claudina Street, said
point being distant Northerly thereon five
{6p teet, more or less from its intersectlon
with the Northerly line of Santa Ana
Street.
Together with the right to construct,
maintain and operate all the necessary
and proper switches, and other attach -
i ments for use in connection therewith
and all other appliances, properties, struc-
tures, attachments and appurtenances
necessary for the purpose of carr
freightby means of cars and locomotives
prgpetied by steam, over and along that
portion of said street herein before de-
scribed.
Section 2. Authority is hereby granted
to use electricity or compressed .air or
both, either with or without steam, for
the purpose of propelling cars or trains
on the railroad track, constructed under
the franchise or permit herein granted.
This authority is granted under provid'
ions of Section 466-A of the Civil Code of
the State: of California.
Section 3. That said franchise is grant-
ed upon the terms and conditions herein-
after contained and said grantee shall Tile
with the Clerk of the Board of Trustees
of the City of Anaheim, a written accept -
I ance therbof within thirty days after the
passage of this Ordinance.
Section 4. That the grantee of said
franchise, its successors or assigns, shall
use the best materials in the construction
of said railroad track and that certain
,rail known as the `Trilby rail' and none
other shall be used in the construction
thereof.
The grantee of said franchise, its suc-
cessors or assigns .shall, as soon as said
railroad track shall have been construct-
ed and within not to exceed thirty days
after its completion repave said street
between the rails of said railroad track
and restore the pavement on said street
to as good condition as the same now is;
nd shall, during the life of the franchise
ere
in granted, pave or re -gave, that por-
tion of said street between the rails of
said railroad track and for a distance of
two feet on each side thereof, whenever
it shall be required so to do by said City
of Anaheim, and the grantee. of said
franchise shall keep the same in repair
flush with the street and provide a good
and suitable crossing; provided further
. t,5at said grantee, its successors or as-
signs, shall at its own cost and expense,
reconstruct, repair and replace any and
all sidewalks that may be disturbed or in-
jured by the said grantee in the course of
the construction of said railroad track.
.a,id railroad track shall conform at all
times to the, established grade of South
Claudina Street in the City of Anaheim,
so the top of its trails shall be flush with
the street grade.
All repairs made by the said grantee,
its successors or assigns, shall be made
under the supervision of the Superinten-
dent -of Streets, of the City of Anaheim.
In case the said -grantee, its successors
or assigns, shall fail to comply with any
instructions given by said Superintendent
of Streets for necessary repairs or for
paving or macadamizing or re -paving or
re -macadamizing said, streets, or shall
fail or neglect to so construct, repair or
replace said side��y�.iks as aforesaid, for
ten (10) days after service of notice
thereof upon the President, Superinten-
dent, Manager or other officer of said
grantee, -then the Superintendent of
Streets of the City of Anaheim may, with
suitable assistance, enter upon said rail-
road track, or any portion thereof and do
the work and furnish the proper material
and keep an itemized account of the cost
thereof, which saidgrantee, its succes-
sors or assigns, by the acceptance of this
franchise agrees to pay promptly to the
City Clerk of the City of Anaheim. upon
thepresentation of the account to the
President, Manager or other officer of said
grantee.
Section 6. That the said grantee, its
successors or assigns, shall comply with
the provisions of all ordinances of the
said City of Anaheim, now in force or
that may hereafter be enacted relative to
the placing of poles, wires and street
lights; and making excavations in the
public streets of the City of Anaheim, or
placing obstructions thereon.
Section 6. That the said grantee, its
successors or assigns shall construct all
necessary flumes and culverts for the free
passage of water under said railroad
track wherever and whenever necessary,
in such a manner as to obstruct the use
of said street by vehicles or pedestrians.
Section 1. It is further provided, and
this franchise is given upon the express
c,,;idition that (exclusive of delay, if any,
caused by process of law) the work of
constructing said railroad track shall be
completed within the period of nine
tnontns from and atter the date of the
passage of this Ordinance.
,ln the event that the said railroad track
for which this franchise is granted, is un-
used or unoperated for the period of one
> ectr after the completion thereof, then
this franchise shall become forfeited, and
all rights granted under this franchise
shall determine and cease, at the option
of the City of Anaheim, and the Board of
'.. rustees of the City of Anaheim, may de-
clare the said franchise forfeited, and the
said railroad track and.. rails and other
equipment forfeited to the City of Ana-
heim.
:,ection 8. That the City of Anaheim
'reserves and excepts from the operation
0 of the grant of this franchise, the right to
grant such other franchises across, over,
tinder and along the said street, as the
law now does and may .hereafter permit.
ection 9. The City of Anaheim, never-
theless, reserves the right to lay, con-
struct and maintain all water mains, gas
i or sewage pipes and storm drains under
t and along or across the right-of-way
herein granted, provided that the same
shall be so laid, operated and maintained
in such manner as not to interfere with
traffic over said railroad and said City of
Anaheim Iikewise reserves the right to
construct, and maintain whatever wires
and cables over the right-of-way herein
granted it may deem necessary for the
purpose of transmitting electricity, elec-
trie energy, telephone or telegraphic mes-
sages.
Section 10. Said franchise Is granted
subject to the right of the railroad com-
mission`of the State of California to re-
fuse to permit the construction of said
railroad track and also subject to the
right of the said railroad commission to
prescribe upon what terms and condi-
t ons said railroad track may be con-
structed or trains operated thereon.
1k Section 11. Any neglect, failure or re-
fusal to comply with any conditions of
this franchise for thirty days after writ-
ten notice from the Board of Trustees of
the City of Anaheim, shall be ground for
a forfeiture thereof and the Board of
Trustees of - the City of Anaheim may
thereupon declare the said franchise for-
feited and may exclude said grantee, its
successors and assigns from further use
of the streets of the City of Anaheim un-
aer..this franchise and said grantee, .its
successors or assigns shall immediately
thereupon surrender all rights in and to
the same to the City of Anaheim and said
, ,nchise shall be deemed and remain
void and of no effect.
Section 12. The City Clerk of the City
of Anaheim shall certify to the passage
of this Ordinance and cause the same to
be published once in the Anaheim Ga -
tette, a weekly newspaper published in
the City of Anaheim, Countv of Orange,
Mate of California, and thirty days after
its final passage it shall take effect and
be in full force.
The foregoing Ordinance is signed, ap-
proved and attested by me this 12th day
of December, A. D. 1918.
(Seal) J. J. DWYER,
'1•resulent of the Board of Trustees of the
City of Anaheim.
Attest: EDWARD B. MERRITT,
City Clerk of the City- of Anaheim.
STATE OF CALIFORNIA, )
Co uNTY OF ORANGE, )ss.
CITY OR ANAHEIM, )
L Edward B. Merritt, City Clerk of the
City of Anaheim, do hereby certify that
the foregoing Ordinance was introduced
at a meeting of the Board of Trustees of
the City of Anaheim, held on the 29th day
of November. A. D. 1918, and that the
same was passed and adopted at a regu-
lar meeting of the Board of Trustees of
the City of Anaheim held on the 12th day
of t)ecember, A. D. 19.18, by the following
vote:
Ayes, Trustees: Dwyer, Stark, Backs,
11cFadden and Gibbs.
Moes, Trustees: None.
Absent and not voting. Trustees: None.
And I further certify that the President
of the Board of Trustees of the City of
Anaheim signed said Oridnance on the
12th day of December, A. D. 1918.
in witness whereof I have hereunto set
my hand and affixed the official seal of
the City of Anaheim, this 12th day of
December, A. D. 1918.
(~cal) City Cle knofT the �Ciitty of Anaheim.
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as follows:
0, 342.
At, 11G TO T11.4,
'I
024 1 A Go.-,�. UiUIIJAI H& 11UGHT TO
All
-('T'd",Y 'I '
_
T,
IN CITY.
T'11 -.to Board of of thi of .4naholm do ordain
1CT11041 1. at tho riht, privilege and franchise is
hereby granted to tha Anahaim.0range aud Lemon assoc cation, a cor-1,
I
poration, orcazAzed tend existing under the lcivia of the 6tate of
Californ.1afkad to its success ors and assigas. to ounstraot, and
for the period of fifty yoara from the date hereof, to maintelt
and operate, a railroad spar track# operated by steam power, along
9 -ad ov6r toe route described au follows, towit',
Degi nxiing at a point in existine- Southern 2acific Rail-[
road' UoWsny trk on the northerly siae of -440t lianta -pina, 5treoto'
said point bel ak, on thij porolongatlon of tree ,?,astarly li
of �outft Claadina wtreet in the V.Oitv of &naheim; thence �,Iaetorly
&Iori,6 &L Irragalar carvo coueuvo to Vas liorth, sixty (60) foot*
more or lose to a point on the iVaatarly line of said -iouth QljadiA .
'treat, said poirLt being distant northerly thareou five (5) foot,
more or loss from Its intersection with the Northerly line of
Santa Ana Street.
Together wlt�L tho :rig,,ht to coLatra0t, mtLlntain and op a
ate all the necessary and proper switches. and other attaobments
for uso in connactioti tftarewith and all other appliances, proper..
tial, otractures, ettaolimants and nacessary for the
purpose of carrying, freight by means of oars and locomotives pro..
polled by *team, over and alone. that portion of said street heroin,
*before described.
840TIOR 2. Authority is hereby granted to use elect.
rIcit7 or compressed air or both,, either with or witbout steam,
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r the purpose of propelling cars or trains on the railroad track,con-
etraot4d ax .or tho franc hl as or por.olt here in granted. This, &at
ority IS granted andor provisions Of ;100tion 463-A of the Civil
Code of the .3tate of Uslifornia*
5 T101 3. That Hasid fraachiso is granted apon the
terms and oonditions hereinafter oontaiaod and sadd grant** shall
file wit!4 the Clem of the Board of Trastess of the CltZ of An&,.
heim, a written wooptanoe thereof within thirty ds7s. after the
passage of this ordinanco,
'34
TIICTIO� 4, Th4t kr` °O grantoo of said frarxhise, its
suocessors or assigue. shall use the beat materials in the oon-
struction of said railrofA4 tr4ak and Vdat oartala rail kn4wA as
the "'Trilby rail" and novae other abull be ased It the oonat:motion
thereof.
The grattoo of said frauciasof its sura ossors or
811alls se 8000 as said railroad traak she -11 h4ro boon constructed
and within not to es000d thirt7 da,-js after Its oompletions repave
said street batwooa the real s of said. railroad track axid rsst-!r*
the pvemont on said stroot to se good condition as the swo now
Is; and tea halls dariag tha life of tho fraauhiso 4areln granted,,
pave or ro-�nave* that portion of said street betwesn the rails of
**14 rail -road track and for a distance of two fetst on each aide
thereof, w'j4saovGr it s4all ba raqalred so to do by said City of
Anaheim# and the grortoe of said franahiso shall koop the same, in
repair flush with the st"ot sad PrOV140, a tr
,00d and suitable amall
in$; provided farther that said ger ten, its ettocessors or assigns.
shall at its olwji cost and expenao, r000nstrttat, repair and replaos
aMr a all side walks that mV bi disturbed or injurod tq the said
grwiteo in the coarse of tho constraotion of said rail-r*&A 'track..
Said, rall-road tragi k shall ooatoriD at all tImes to the ostablis4o&
grade of mouth t;laadina Stroat in the Q'Ity of hotmj 00 the top
of its rails shall be flush with the strast 11rado,
5M
All repairs made by the said grantee, its saocessore or assigns,
2 shall be made ander the supervision of the Superintendent of
3 streets. of the City of Anaheim,
4 I In case the said grantee, its successors or assigns,
5 shall fail to comply with -any instructions given by said Superin-.
6 tondent of 3treats for n000ssary repairs or for paving or ivacada-
11
7 misiag or re -paving or re -macadamizing said stro*ts, or shall fall
or vogleot to so construct, repair or roplaoe said sidewalks as
g aforesaid, for ton (10) days after service of notice thereof apon
10 the President, 3aperintendentl, Manager or other officer of said
11 grantee, then the Superintendent of Streets of the Qity of Anaheim!
12 may, with suitable assistance, enter upon said rail -road track, or!
13 any portion thereof and do the work and furnish the proper eriss
14 I and keep an Itemized aeooant of the cost thoroof, whioh said
15 grantee, its successors or 4saiZnts, by the acceptance of this
16 franchise agrees -,,to pay promptly to the City Clark of the City of
17 Anaheim$ upon the presentation of the account to the kresident,
18 lianagor or otlier officer of said grantee,
19 94CTION 5. That the said grantee, its saccossors or
20 assigna, sAtill comply with the provisions of all ordinances of thel
21 said City of Anaheim, now in force or that may hereafter be On-.
22 acted relative to the placing of boles, wires and street lights,
23 and making excavations in the public streets of the City of
24 hmahaim., or placing obstructions thereon,
26 340TI4b 6. That the said granteet its sucoossors',16-
26 assigns shall construct all necessary flames and calvorts for tine
27 free passage of water u-nderguid rail -road track wherever sad when--
28 ever necessavi, and that all work done upon said rail -road. track
29 shall be constracted under plans and specifications to Uo approv*&
30 by the City :engineer or the Board of Trustees of the City Of Ana -
31 beim, after plans for said work shall have boon submitted to said
32
'City Zngineer.
It Is understood that said grantee, its successor* or
,�salpnsv shall have the right to excavate and remove portions of
3
isaid street necessar7 to proporly oonetraot said railroad track
4
'�n4 era ot all needful. arparatus to pro-,r,)er'ly equip and operate the
5 same, It being farther understood that the Qit,,Or of A"heim, in
0 making the grant of this franchise* oxpreae17 reserves the right
7 to pay* or re -pave, macadamiza or re-zacadamize or sower the said
8 portion of said street or to lay, gae, water or other pipos there -
9 andar, said work to be done so as to injure the said railroad track
10 as little as possible, provided furthar that the ours upon said
11 railroad track shall not be allowed to stand upon said portion of
12 South Claudina 3trast in such a main as to obstruct the use of
13 said streets by vehicles or pedestriur,.9,
14 54=10*44 7, It is farther provided, and this franchise
15 is given upon the aspross condition that (exclusive of delaq* If
16 any, oaased 'by process of laN) tba work of 'oonstractine. said rall.-
17 road trook shall be completed within the period of nine months from
18 �and after the date of the passage of this ardinanoe.
19 In, the #vent that the said railroad track for which this
20 franchise is granted, is unused or unoperated for the period of
21 one year after tho completion thereof; then this frar.ohiso shall
22 become forfeited, and all rights gr ted under this franohis# chall.
23 determine and area e, at tho option of the Ary of Anaheim, and the
24 board of 'T'rustess of the Cit;r of Anaheim, ma ;r dealare the said
25 franchise forfeited., and the said railroad trook and rails and oche
26 equipment forfaited, to the City of Aiiahaim.
27 ;3�;CTIO.0 Ei. That ttxa id'ity of Anaheim reserves and as -
08 *opts from the operat'ion of the grant of this franchise, the right
29 to grunt such other frauchis*s across, over, ander and along 'he
30 said street, as the law now does and ffay hereafter des rmito
31
32 W4.
1,
94CTION 9. The City of inaheim, nevertheless, zveervos
the right to laj,'!, oonstrict and maintain all water mains, gas or
3 sewage n1pis arid. storm drains under and along or across the right
4 of way. herein granted, -provided that tiia same shall be so laid,
5 operated find maintained in such manner ae not to Interfere with
traffic over said roillread and said City, of Nwiahelm likewise re- I
serve-- the right to acid i_,iaintain whatever wires and
7 1
cables over the right of waZ.,- 'heroin granted it may doom necessary'
t
9 :fbr the parpose of transmitting electricity, electric anergy, telft
10 ephone or telegraphic messy os.
11 3 XT ION 10. Said franc hi is granted subject to the
12 right of the rail -road coma iusion of the State of California to
13 I refuse to permit the construction of said rail -road trac k. and alsoi
14 i subject to the right, of the said rail -read commission to prosoriloo,
15 upon what terms and coriditions said rail -road track may be con -
16 strutted or trains operated thereon.
17 ,,TIO Nq 11. Any neglect, failara or refusal to oom.
18 plY with any conditi.o.ris of tble frsunchise for thirty days after
19 written notice frarr the Board of Trusteee of th-o City of Anaheim,
20 shall be ground for a forfeiture thereof and the Board of Trustee
21 of the 01ty of Anaheim nay thereupon declare the said franchise i
22 forfeited and may exclude saii grantoo, its successors and assignal
23 from further use of the streets of the City of Anaheim under this
24 franchise caid saki grar.tas, its successors or assigns shall is.
25 mediately thereupon surrender all rights in and to the s=o to the
26 City of Anaheim and said franchise shall be deemed and remain
27 void and of no affect.
28 33MON 12. The 01ty Clerk of the City of Amaheim ehall�
29 oertify to the passaeo of this ordInaxice &M cause thQ same to 'be
30 published on** in the Anaheim Casette, a weekly newspaper pablishol
31 in the City of AnAheim. Coanty of Orar4s, State of California, and
32 thirty days after Its final passage it shall take offset and be in
I
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full fo roe.
The foregoing ordinance is stoned, a -.)proved and attested
by me this 14ty, of Decomber A. D. 1918,
Attest. -7re 91
do the Board o.r,�7rusteos of the
�Y�Ity of
r-Ity C'Iaek of th6 y V"'f 2tauhelm.
STV& OY CALI?O101A,
cuwny OF
CITY OY .0A"1112"o
1, Edward B. i'v,,orritt, GitV Qlark, of tho �;Ity of AAah0im
do hereby certify that thu foralgoing ordinance was introdaood at
a reset inn of the Board of lrustfios of the City of ',aahaim, held
on the 29th -L'V, of .1�ovamber, i�. 1918, wid that the same was
paosad �md ado,,,ited at a ragular ,casting of the Board of Trustees
of the City of Anahaim, hall on tha /:2- dw,- of lieeamber, A. D.
1918, by the followirI6 Vote:
AY43: Trustees
50111A Trustees
"b NOT
And I farther oortify that the _-'resident of the Board
Trusties of tile Cltj of Azl,..Lhaifnl 34U OrAl"lance on the
i- day of Locembar A, 1918.
12-1 'viIT!T"'413 I h,�ivii herounto set my hand, and af-
fixed the official seel of tha of �nahairn, thIs d av
of !Aaaaber A. A,. 1918.
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