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66-012 -- RESOLUTION NO. 66R- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING AND AFFIRMING THE OPINION OF THE CITY ATTORNEY AS TO THE OWNERSHIP OF THE PROPERTY AND FACILITIES CONSTRUCTED THEREON KNOWN AS THE ANAHEIM STADIUM AND FINDING AND DETERMINING SUCH OWNERSHIP IN THE CITY OF ANAHEIM. WHEREAS, the Automatic Canteen Company of America, Concessionaire by contract with the City of Anaheim for the operation of concessions at the Anaheim Stadium in connection with the City's operation of such facility, has "applied to the Department of Alcoholic Beverage Control of the State of Ca1i- fornis for the issuance of an on-sale general license under Section 23824 of the Business and Professions Code of the State of California; and WHEREAS, in conformity with the provisions of Section 23824, the Mayor of the City of Anaheim for and on behalf of the City of Anaheim did write a letter to the Department of Alcoholic Beverage Control dated July 27, 1965, requesting that the license be issued and setting forth the reasons why the issuance of the license would be in the public interest; and WHEREAS, the Department of Alcoholic Beve~e Control has raised a question as to the ownership of the "pr ses" by the City of Anaheim; and WHEREAS, the City Attorney of the City of Anaheim did write his opinion to the Department of Alcoholic Beverage Con- trol on November 17, 1965 stating that in his opinion the docu- ments clearly showed an ownership of the land and buildings constructed thereon by the City of Anaheim, subject to the right of use and occupancy by a non-profit corporation named "City of Anaheim (California) Stadium, Inc." for a period of 49 years under a lease arrangement and that the City of Anaheim, under a sublease from said non-profit corporation, has the right of use and occupancy of the stadium for a period of 34 years and 3 months under the terms of said sublease Clenominated "Facility Lease"; and . WHEREAS, the City Council is familiar with the terms of the acquisition of the property, the "Site Lease" and the '~aci1ity Lease", and is familiar with the opinion rendered by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the opinion of the City Attorney rendered to the Department of Alcoholic Beverage Control is affirmed and ratified by the City Council and the City Council does find and determine that the "premises" of the Anaheim Stadium in the City of Anaheim including the land and facilities constructed thereon, including all buildings, is owned by the City of Anaheim, subject to the possessory rights of the non- profit corporation "City of Anaheim (California) Stadium, Inc." as explained in the opinion of the City Attorney. BE IT FURTHER RESOLVED that the City Council reaffirms the request for issuance of the license and the reasons therefor as contained in the letter of the Mayor of the City of Anaheim dated July 27, 1965. -1- _. THE FOREGOING RESOLUTION is .pproved and signed by me t-his ~ day of January , 19.R1>_. G? .~~ ..~~~~ii( ATTEST: ~; H:ai-AiiBEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ~ ) sSG I, DERE 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 4th day of January, 19J~__, by the follow- ing vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton, Schutte and Krein None Chandler Pebley AND I FURTHER CERTIFY that the Mayor of the .City of Anaheim approved and signed said' resolution on the 4th day of Januarv , 19~;~~, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of January , 19_..;.6..6 _' [: -. ~ - ~ ' .......... ...-.. . ~ '1#oi~IlI (SEAL) .- I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing 1S the original of Resolution No. 66R-12 duly passed and adopted by the Anaheim City Council on January 4, 1966. r"' 4~ )yo \ d2~',: ''''C-~./ CITY CLERK