HomeMy WebLinkAboutReso - CC - 050-1949RESOLUTION NO. 50-49
AUTHORIZING EXECUTION OF AGREEMENT
WITH CITY AND COUNTY OF SAN FRANCISCO
RESOLVED by the City Council of the City of Burlingame
that the City enter into the Agreement hereto attached and
be thereafter made a part of this Resolution; and
BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby authorized for and in behalf of the City of Burlingame
to execute said Agreement.
'Z. k. -
Dan R. Love, J ,
Mayor
I, Herbert K. White, City Clerk of the City of Burlingame
do hereby certify that the foregoing resolution was introduced
at a regular meeting of the City Council held on July 18, 1949
and adopted thereafter by the following vote:
AYES: COUNCILMEN: Atwater -Dahl -Hunt -Love -Simonds
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
ierbert K. White
City Clerk
THIS AGREEIMN'T made and entered into this & day of
DULY, 1949, by and between the CITY OF BURLINGAME, first party,
AND CITY AND COUNTY OF SAN FRANCISCO, second party, both
municipal corporations of the State of California;
WHEREAS, City and County of San Francisco has heretofore,
and up to the 15th day of January, 1949, been the owner of a
franchise for the operation of an interurban street railway upon
California Drive within the City of BurlinUame; and
WHEREAS, by its Resolution No. 9403, enacted upon the
22nd day of November, 1948, the Public Utilities Commission of
the City and County of San Francisco recommended the immediate
abandonment of said street railway line, commonly known as the
"No. 40" line, submitting said recommendation forthwith to the
Board of Supervisors of the City and County of San Francisco,
which resolution is now in full force and effect, not having been
disapproved by nine or more votes of said Board of Supervisors,
and said Board of Supervisors not having; acted upon said
recommendation within thirty days from the receipt thereof, or
at all, in consequence of which, said Resolution of the Public
Utilities Commission is, under the terms of Section 132.1 of
the Charter of the City and County of San Francisco, in full
force and effect as an abandonment of said No. 40 line; and
WHEREAS, service on said line terminated at the end of
January 15, 1949, and the City and County of San Francisco has
evidenced its intention of permanently abandoning said franchise
and never resuming service thereunder;
NOVI, THEREFORE, THIS AGREMIENT WITNESSETIH:
1. First party at its own expense may pave over the area
occupied by the tracks of said railway line upon California Drive,
and Oak Grove Avenue, in said municipality.
2. City and County of San hrancisco agrees that it will at
Ino time remove, or attempt to remove, any portion of said tracks.
3. Each of the parties hereto releases and forever dis-
charges the other from any claim whatsoever relating to the
presence or location of said tracks, or any part thereof, or
cost of paving thereover.
4. Second party will, within a reasonable time after
the signature of this Agreement, and at its own expense,
remove all wires heretofore utilized in the operation of said
railway line within said municipality, and such poles as were
not jointly utilized with other utilities at the time of said
abandonment.
IT WITNESS VY=REOF, the parties hereto have set their
hands and seals on the date hereinabove mentioned.
APPROVED AS TO FORM: CITY OF BURLINGAIr�,
DION R. HOLM a Municipal Corporation
City Attorney of the /�, Q
City and County of By o4J� 7
San FranciQs�co�% Mayor 67
By ' 1/G�.G, �� FIRST PARTY
Public Utilities Counsel
CITY AND COUNTY OF SAN FRANCISCO
BY ITS PUBLIC UTILITIES COMMISSION,
APPROVE l TO FORM* a m c' al rp atio
�.� r
City Attorney of th 7
City of Burlingame es d
r
Commissioner
SECOIuD PARTY
PUBLIC UTILITIES COMMISSION
CITY AND COUNTY OF SAN FRANCISCO
RESOLUTION No.
RESOLVED' That this Commission enter into agreement
with the City of Burlingame, a municipal corporatiod,
under the terms of which, said City of Burlingame, may
at its owri expense, pave over the area occupied by the
tracks of the P=Icipal ptal.lway of the City and County
of San Francisco, upon the streets of said City of
Burlingame, the Cit,r and County of San Francisco agreeing
that it will at no til,e remove, or attempt to remove, any
portion of said tracks and both parties to the agreement
releasing and forever discharging the other from any
claims whatsoever relating to the presence or location of
said tracks, or any part thereof, or cost of paving there -
over; the City and County of San Francisco at its own
expense to remove all wires heretofore utilized in the
operation of the rallway within the municipality, and such
poles as ,vere not .'ointly Ailiz,ed witsj other utilities at
the time of abandonment of service.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission
at its meeting
DEPUTY CITY ATTORNEYS
A. DAL. THOMSON
PUBLIC UTILITIES COUNSEL
WALTER A. DOLD
CHIEF DEPUTY CITY ATTORNEY
EDMOND P. BERGEROT
CHIEF TRIAL DEPUTY
ROBERT MCMAHON
BYLVAIN D. LEIPSIC
REYNALD J. BIANCHI
NORMAN SANFORD WOLFF
WALKER PEDDICORD
VIRL BENNEHOFF
DION R. HOLM
CITY ATTORNEY
CITY HALL
SAN FRANCISCO 2, CALIFORNIA
HEMLOCK 1d322
July 27, 1949
Mr. Herbert K. White
City Clerk
City Hall
Burlingame, California
Dear Mr. White:
DEPUTY CITY ATTORNEYS
C. WESLEY DAVIS
JOSEPH F. MURPHY
LAWRENCE S. MANA
BERNARD J. WARD, JR.
EDWARD I. FITZPATRICK
JACK G. MCBRIDE
CARL H. ALLEN
GEORGE E. BAGLIN
THOMAS J. BLANCHARD
THOMAS M. O'CONNOR
THOMAS A. TOOMEY, JR.
WILLIAM F. BOURNE
EDWARD F. DULLEA
PAUL L. BECK
CHIEF VALUATION AND
RATE ENGINEER
THOMAS J. O'TOOLE
CHIEF LAW CLERK
I am enclosing herewith two copies of the con-
tract between the City of Burlingame and the City and
County of San Francisco with reference to the tracks of
the Municipal Railway, formerly utilized through your
municipality in the interurban line which has been aban-
doned.
I have retained the remaining two originals for
our file.
I have advised Mr. Karmel, your City Attorney,
that these documents have been forwarded to you.
I am also enclosing herewith two certified
copies of Resolution No. 10,003 of the Public Utilities
Commission of the City and County of San Francisco author-
izing the execution of the contract.
Very truly yours,
DION R. HOLM
City Attorney
B . j.
Y
Public Utilities Counsel
ADT/f
Enclosures