1940 (#1084-1095) - Laserfiche WebLink

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ORDINANCE NO. 1087 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RA!I~VAY COMPANY A PEP&~T TO CON- STRUCT, ~,~AINTA!N AND USE AN ELECTRIC C0~,~JN- ICATIONS AND SIGNAL LINE IN SANTA FE STREET IN THE CITY OF SANTA ANA, COUNT~f OF ORANGE, STA?E OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:' SECTION l: That, subject to the terms and conditions hereinafter sta~ed, the right, privilege and permission is hereby granted to THE ATCHISON, TOPEKA AND S~ITA FE RAILWAT COEPANY~ a corporation, its successors and assigns, to construct, m~intain and use an overhead or underground electric communications and signal line consisting of poles and/or condui~, wires and appurtenances longitudinally in Santa Fe Street in said City of Santa Aha, between First Street and Pine ~treet, at the location shown in red on map attached to a petition filed by said Railway Company in the office of the City Clerk of said City on the 19th day of February, 1940~ to which petition and map reference ~S hereby made for .further particulars. SECTION 2: That the foregoing grant is hereby made upon the following conditions: (1) That the grantee will at no tLme assert or claim any right to maintain communications and signal line in said street, except under and by virtue of the terms of this ordinance. (2) That the grantee shall, at its own cost and expense, construe' said corz:~unications and signal line and appurtenances in a manner satisfactory to the City Engineer of said City, and shall thenceforth maintain and keep the same in good condition and repair. (3) That the grantee shall~ upon demand, at its ovm cost and expense, change the size or locatibn of said line or poles thereof, or portion or portions thereof, and/or appurtenances, or remove the same, or any portion or portions thereof, entirely if end when such change or removal may be determined by the City Engineer to be convenient or necessary in the proper improvement, maintenance and/or repair of said thoroughfare or for uses of owners or occupants of private property adjacent thereto. (4) That the grantee shall, and by the acceptance hereof expressly agrees, to indermuify and save harmless the City from any and all loss, cost or damage which the City or any other person or persons may suffer or sustain by reason of the construction, maintenance or use of said cozmmunications and signal line and appurtenances, as well as from any and all Judgements which any person or persons may recover from the City by reason of any such loss, cost or damage. (5) That the grantee shall not assign or transfer any right granted hereunder without the written consent of the City first had and obtained~ not shall it permit the said communications and signal line to be used by any o~her person, firm or corporation, except the Western Union Telegraph Company; provided, however, said Western Union Telegraph Company shall only use the same under the terms and conditions herein set forth.