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Home My WebLink AboutCC Res 517 1944-05-18 /,r I; ,;I,' I I I I 10 11 DANA R WILLIAMS A,WORMIEY AT LAW .., e.CURITY BLDG PHONE BBe-I.. LoNG BEACH a. CALIP . 1 2 3 4 RESOLUTION NO,. 5~7 A RESOLUTION ISSUING TO GUY F. ATKINSON COMPANY AN EMERGENCY PERMIT TO CONSTRUCT AND MAINTAIN AND OPERATE A SPUR TRACK. 5 WHEREAS ,GUY F. ATKINSON COMPANY has hereto- ( fore made appi1catlon tor a perm1t to Install a spur 6 track across' Elec:trlc Avenue and -Seal Way, and').o~.r--lan a~ong the Wes~ Rock detty located upon the westerly slde ot the entrance to Anahelm Bay and wlthln the .Cl ty of Seal Beach, and WHEREAS the GUY F'. ATKINSON COMPANY has 1nformed the Clty that It Is necessary that a_spur track be loc'ated thereon in order to perml t saia company to convey rock and o~her ma~erlal over sald streets and jetty; 1n order to bulld and construct a rock jetty at the end o.f the present jetty, sald work to be done for the Unlted States Navy, and . WHEREAS, sal d GUY F'. ATKINSON COMPANY has stated that an emergency exlsts and that said company deslres an Immedlate temporary permit for such pur- pose. 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW THEREFORE, BE IT RESOLVED 1>:y the Cl t.y Councll of the Clty of Seal Beach that a temporary emergency pe,rml t to construc..\na spur track acr.oss Electrlc Avenue and Seal wanrover and alo.ng the West, Ro'ck Jetty, be granted! sUbJect.!. however, to the followIng terms and 'conal tlons" uO wl t:- 1. That this emergency permlt is granted tor the Installation ot' a spur track to be used excluslv:ely for the purpose of' deliver1ng rock and equ1pment for construction work on the exist- ing West, Ro.ck Jetty and that such ,permi t shall be for the duratlon of sald work only, or not to exceed a perlod of nlne (9) months from and after the date or the issuance ot thls permit. , 2. That the Grantee of sald permlt shall Indemnlfy the Cl ty agalnst all clalms" demands, actions sults or proceedlngs, and agalnst any llabll1ty, loss, cost or expense resultlng there- from, wh1ch may be based upQn or alleged to rlse out ot: the construc,tion and/or the operation thereot. 3. That the. Grantee shall In the event ot the abandonment of sald spur track, remove sald abandone,d.,tracks wl thln o.ne (l) month thereafter, and reconstruct the pavement and other street Im- provement adjacent to said track so that the work shall joln and be continuous with the work done In adjolnlng portions of the streets; a~l of sald work shall be under the supervls10n and to the satistactlon of the Street Superlntendent or the CIty ot Seal Beach. Failure to use said track tor a period of thlrty (30) days shall, tor thls purpose, constltute abandonment. " I I I ~., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Resolution Number ~ , , 4. The term or the permlt hereby granted shall be tor a period ot nlne (9) months trom and atter the date or the passage ot this resolu- tlon granting sald permit. 5. The permlt hereby granted to operate and malntaln the said spur track, shall be rev.ocable at any tlme by the City Councll or the Clty ot Seal Beach tor cause, but such permlt shall not be revoked untll atter a hearlng before sald Cl ty Council and then only b1Y a tour-!1tths vote ot said City CQuncll. ' 6. That GUY F. ATKINSON COMPANY shall not at any time Intertere or obstruct the rree passag and use ot Twelfth Street and Seventeenth Stree,ts it being distinctly understood that sald streets are to be kept open and clear at all times tor the benerlt ot the general publlc. 7. The sald GUY F. ATKINSON COMPANY and 1 ts agents and emp'lo,yees shall at all tlmes keep~the streets and alleys 01' the Clty, which said streets and alleys are used by the said GUY F. ATKINSON COA~ANYl tree and clear ot all rock and other d~ris ana shall be responslble to restore all streets and alleys used by the Compan to their present conditlon, usual wear excepted. 8. Betore said permlt shall be granted to the sald GUY F. ATKINSON COMPANY!. said company shall post a bond wlth the Clty ulerk ot the Clty or Seal Beach In the ,enal sum ot One Hundred Thousand Dollars ( 100 000.00) for the taithtul pertormance ot al Obligations provided tor In this resolutlon. ~ PASSED, ADOPTED AND APPROVED, thls I~~ day or May, 1944. DANA R WILLIAMS ATTORNEY AT LAW 4&1 ..CURITY IILDG PHONI: ...-llIa LoNG BEACH Z,CALI~ . - 28 29 30 31 32 -2-