1943-1354WHEREAS, The Southern California Edison Company, Ltd. main-
tains a power line on the east side of a portion of Palm Street in
the City of Anaheim, which power line carries a current of 11,000
volts, and
WHEREAS, certain palm trees are growing in close proximity
to said power line, which palm trees are identified as follows:
Group One: The first six palm trees north of Elm
Street in the parkway on the east side of Palm Street;
Group Two: The first five palm trees south of Center
Street in the parkway on the east side of Palm Street;
Group Three: The first two palm trees north of Center
Street in the parkway on the east side of Palm Street;
Group Four: Four palm trees on the east side of Palm
Street in front of the property designated as No. 212 North Palm
Street; and
WHEREAS, said Southern California Edison Company, Ltd. has
requested permission from the City of Anaheim to remove said trees,
giving as its reasons that said trees are interfering with said power
line and constitute a source of danger to life and property, and
WHEREAS, after receiving such request said. City Council
designated certain officers of said City to inspect and examine said
trees, power line, and surrounding property, and make report thereon;
and
I SOLUTION NO. 1354
WHEREAS, said officers and also members of said City Counci
have made such inspection and examination and have made report there-
of, and have severally been examined by said City Council with re-
spect to such inspection and examination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that it does hereby find it to be a fact that said
palm trees are interfering with said power line and that said trees
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are a nuisance and are dangerous to life and limb of the persons usin
those portions of Palm Street and the sidewalk adjoining in the vi-
cinity of Palm Street where said trees are situated, and are danger-
ous to the property adjacent to said trees and to vehicles, convey-
ance and property using and being driven and transported over said
Palm Street in the vicinity of said palm trees; and
BE IT FURTHER RESOLVED by said City Council that it hereby
finds that said palm trees are of such a nature and height t that the
removal of any fronds, leaves and/or portions of trunk therefrom suf-
ficient to eliminate the hazard herein found to exist would result in
the death of said trees, and therefore said Council finds that it is
not only necessary but also practical to remove all of said palm tree
in order to abate said nuisance and eliminate the hazard to life,
limb and property herein found to exist;
BE IT FURTHER RESOLVED that permission is hereby granted
said Southern California Edison Company, Ltd. to remove said palm
trees upon the following conditions:
1. That each of said palm trees listed in Group One, Group Two
and. Group Three shall be removed to a depth of at least one foot belo
the surface of the surrounding ground and that the cavity remaining
shall be filled with earth and levelled to correspond to surrounding
ground.
2. That the trees in Group Four shall be removed as follows:
a. The City Park Department shall remove the earth from
around each of said trees for a distance from each tree and to a
depth as the Park Superintendent shall designate.
b. The City Street Department shall cooperate with the
Park Department in removing any sidewalk, curb and/or street surfac-
ing material reouired to be removed in removing said earth from about
said trees and removing said trees.
c. The operation of removing the earth itself from around
said trees shall be under the direction and supervision of The South-
ren. California Edison Company, Ltd. or such persons as it shall desi
nate.
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d. The Southern California Edison Company, Ltd. shall be
responsible for cutting each of said trees loose from the roots, not
to be removed, and for balling each tree.
e. The Southern California Edison Company, Ltd. shall be
responsible for removing each of said trees from its present locatio
and removing the same to places prepared for the planting of the sam
in La Palma Park, in Anaheim, and shall place each upright in the
place designated for its reception and to hold each in such position
until the earth about it has been placed in position and thoroughly
tamped.
f. The City Park Department shall be responsible for ex-
cavating all holes necessary for the plantin; of said trees in La
Palma Park and for making the refill about each tree and tamping the
earth thereof.
3. The cost of removing all of said trees, and the cutting
away, balling and removing of the trees in Group Four to La Palma
Park, and of filling cavities, as herein specified, shall be borne
by The Southern California Edison Company, provided that the City
shall be responsible at its own expense to furnish the labor contem-
plated to be furnished by the Park and Street Departments as set
forth in the preceding Paragraphs.
4. The Southern California Edison Company, Ltd. shall be sole
ly responsible for all damn es and injury resulting to life, limb and
property arising out of the removal of all of said trees, and also
the moving of said trees in Group Four to and placing them in posi-
tion at La Palma Park.
5. The Southern California Edison Company, Ltd. shall cause
said trees to be removed with the least inconvenience to traffic upo
Palm Street commensurate with the exercise of the utmost care and
safety to prevent personal injury and /or property damage.
6. The Southern California Edison Company, Ltd. shall cause t
Street and Park Department to be notified in ample time so that they
may perform the duties herein contemplated to be performed by them.
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BE IT FURTHER RESOLVED that The Southern California Edison
Company, Ltd. remove said trees and do all work in connection there
with as herein specified, within 90 days after the adoption of this
resolution.
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to The Southern California Edison Company, Ltd. and that
prior to the removal of any trees the said Southern California Edisoi
Company, Ltd. shall forward to the City of Anaheim its written memo-
randum agreeing to be bound by the terms and provisions set forth
in this resolution.
The foregoing resolution is signed and approved by me this
5th day of October, 1943.
Attest:
19 STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
20 CITY OF ANAHEIM
21 I, Charles E. Griffith, City Clerk of the City of Anaheim,
22 do hereby certify that the foregoing resolution was passed and adopte
23 at an adjourned regular meeting of the City Council of the City of
24 Anaheim, held on the 5th day of October, 1943, by the following vote
25 of the members thereof:
26 AYES: COUNCILMEN: Pearson, Van Wagoner, Boney, Barnes, Sheridan.
27 NOES: COUNCILMEN: None
28 ABSENT: COUNCILMEN: None
29 And I further certify that the Mayor of the City of Anaheim
30 signed and approved said Resolution on the 5th day of October, 1943.
31 IN WITNESS WHEREOF I have hereunto affixed the seal of said
32 City of Anaheim this 5th day of October, 1943.
Mayor of the y of Anaheim