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HomeMy WebLinkAboutRES NO 34-77RESOLUTION NO. 34-77 RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING ITS INTENTION TO GRANT RENEWAL OF SPUR TRACK PERMIT IN AND ALONG 15TH STREET BETWEEN "0" AND ~q" STREETS TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, PURSUANT TO CITY CHARTER PROCEEDINGS FOR GRANTING OF F. RANCHISE. WHEREAS, by Ordinance No. 932 N.S. adopted on November 19, 1951, the Council of the City of Bakersfield granted to Atchison, Topeka and Santa Fe Railway Company, a franchise to lay down, construct, maintain and operate a railroad spur track of standard guage at Fifteenth Street between "0" and "N" Streets, in the City of Bakers- field for a period of 25 years; and WHEREAS, the said franchise has expired and it is the Railway's desire to continue operation over said track and it has filed a petition respectfully requesting that the City Council of Bakersfield grant to Atchison, Topeka and Santa Fe Railway Company a twenty-one (21)-year revocable Spur Track Permit to continue to main- tain the above-described track. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That this Council intends to grant to Atchison, Topeka and Santa Fe Railway Company, a twenty-one (21)-year revocable Spur Track Permit to continue to maintain and operate said track in Fifteenth Street between "0" and "N" Streets, in the City of Bakers- field. 2. That the term of said Spur Track Permit shall be for a period of twenty-one (21) years from and after December 19, 1976. 3. That it is proposed to grant the said permit on con- dition that the said track shall be used~only for the operation of freight cars and locomotives necessary for the transportation of freight for hire; that said track must be kept and maintained in good condition and repair to the satisfaction of the City Manager of the City of Bakersfield; that said track must be maintained and operated under such restrictions as not to unreasonably interfere with the use of any streets by the public. 4. That the City Council intends to require that whenever any of the streets traversed by said track are paved or repaved, at or near the point where said street is so traversed, said corporation shall likewise, at the same time and as part of the same operation as the work on the remainder of said street, pave or repave the crossing traversing said street, between the tracks and two (2) feet on each side thereof with such materials and in such manner as this City Council may direct, to the satisfaction of the City Manager. 5. That the said Spur Track Permit shall be granted sub- ject to the Charter of the City of Bakersfield. 6. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers in City Hall, 1501 Truxtun Avenue, Bakersfield, California, at 8 P. M. on Monday, the 23d day of May, 1977, or as soon thereafter as may be, at which place and time any persons having any interest in the Spur Track Permit or any objection to the granting thereof to the Atchison, Topeka and Santa Fe Railway Company, may appear before the City Council and be heard thereon, all in accordance with Section 118 of the Charter of the City of Bakers- field. 7. That the City Clerk is hereby directed to publish this resolution once within fifteen days of the passage thereof, in the Bakersfield Californian. The time fixed for such hearing shall not be less than twenty days after passage of this resolution. 8. At the time set for said hearing or as soon thereafter as may be, the City Council shall proceed to hear and pass upon all protests and the decision thereon shall be final and conclusive. Thereafter said City Council may grant, or deny the Spur Track Permit, by ordinance, subject to the right of referendum of the people. 9. If the City Council shall determine that changes should be made in the terms and conditions upon which the Spur Track Permit is proposed to be granted a new Resolution of Intention shall be adopted, noticing such changes, and like proceedings had thereon. o0o I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 25th day of April, 1977, by the follow- ing vote: AYES: COUNCILMiN BARTON, CHRISTENSEN, MEDDERS, PATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ,~ ,/~ ~.~ ABSTAINING COUNCILMEN: - I~ CIT and E Officio Clerk of the 1 f f 1 Counci of Bakers ie d APP,-,R~V,L~:~ i-s '~6it~-ay, of ril 977 . d APPROVED as to form: