1960-6022RESOLUTION NO. 6022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND ACCEPTING A PERMIT
FROM ORANGE COUNTY FLOOD CONTROL DISTRICT
GRANTING TO THE CITY PERMISSION TO CONSTRUCT
A CATCH BASIN AT WEST STREET AT SAID DISTRICTtS
CARBON CREEK CHANNEL; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO ACCEPT SAID PERMIT
FOR AND ON BEHALF OF THE CITY.
WHEREAS, the City of Anaheim desires to construct
and maintain a catch basin at the southeasterly side of
West Street at the Orange County Flood Control Districtts
Carbon Creek Channel; and
WHEREAS, the Orange County Flood Control District
has submitted to the City of Anaheim a form of permit to be
accepted and agreed to by the City, granting to the City of
Anaheim permission to construct and maintain said catch
basin at the southeasterly side of West Street at said
Districtts Carbon Creek Channel, subject to the terms,
covenants, conditions and agreements set forth in said per-
mit to be kept, performed and observed by the City of
Anaheim; and
WHEREAS, the City Council does find that it would
be for the best interest of the City to accept said permit,
subject to the terms, covenants, conditions and agreements
therein contained.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the Permit this day submitted to
the City of Anaheim by the Orange County Flood Control Dis-
trict, granting to the City of Anaheim permission to construct
and maintain a catch basin at the southeasterly side of West
Street at Orange County Flood Control Districtts Carbon Creek
Channel, subject to the terms, covenants, conditions and
agreements set forth in said Permit to be kept, performed
and observed by the City, be, and the same is hereby approved
and accepted.
That the terms, covenants, conditions and agreements
set forth in said Permit to be kept, performed and observed
by the City are as follows:
1. Said Permit is to be granted only as to
property under the exclusive possession, ownership
and control of said District and the City shall
obtain the necessary permission or consent for
ingress and egress rights to and from the area
covered by said Permit from all other persons
having any right, title or interest in the area
affected.
-1-
2. Should any damage or injury to said Dis-
trict's structures or fend- be done, either through
the acts of agents, servants or employees of the
City or by any independent contractor hired by
the City in the exercise of the ;rights granted,
the City shall immediately, upon the written demand
of said District, restore such structures or fence
to the condition of same on the date of the issuance
of said Permit at the City's cost or expense. The
question as to whether or not any such damage or
injury has been caused to the structures or fence
shall be determined by the said Flood Control
Engineer and his determination shall be final.
3. The Flood Control District may reserve
the right to perform any flood control work, includ-
ing but not limited to the repair, replacement,
construction or reconstruction of said District's
facilities, or any improvements upon any portion
or all of the area covered by said Permit and to do
any other work it deems necessary at any time.
4. The City shall agree to save the District,
its officers, agents and employees harmless from
any or all penalties, liabilities, or loss result-
ing from claims or court actions arising directly
or indirectly out of any damage or injury to persons
or property by reason of the acts or omissions of the
City, its agents, employees or independent contrac-
tors employed by the City in exercising any of the
privileges granted or in consequence thereof.
5. At least 214 -hours prior to the commence-
ment of any work contemplated by said Permit, the
City shall notify said District's Maintenance
Superintendent by telephone at JE. 4-0336, or by
writing, addressed to him at 13872 East Garden
Grove Boulevard, Orange, California.
6. The City shall compact all open trenches
and cuts with suitable backfill until the relative
density is not less than 90% of the maximum density.
BE IT FURTHER RESOLVED, that the Mayor and
City Clerk be, and they are hereby, authorized to accept
said Permit for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed
by me this 17th day of May, 1960.
-2-
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I DENE M. WILLIAMS, City Clerk ofthe City of Anaheim, do
hereby certify that the forgoing resolution was introduced and
adopted at a regular meeting provided by law of the City Council
of the City of Anaheim, held on the 17th day of May, 1960, by the
following vote:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 17th day of May, 1960.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 17th day of May, 1960.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM