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HomeMy WebLinkAboutCC Resolution 8980 (Terminating Franchise Rights)RESOLUTION NO. 8980 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TERMINATING FRANCHISE RIGHTS GRANTED TO BY VARIOUS ORDINANCES OF THE TOWN OF SAN RAFAEL WHEREAS, on February 5, 1883, by Ordinance Number 114, the Trustees of the Town of San Rafael granted privileges to the San Francisco and North Pacific Railroad Company in 1883 to lay down and use railroad tracks on Tamalpais Avenue subject to certain conditions; and WHEREAS, on December 1, 1884, by Ordinance Number 145, the Trustees of the Town of San Rafael granted additional privileges to the San Francisco and North Pacific Railroad Company to lay down, maintain and use railroad tracks on Tamalpais Avenue subject to certain conditions; and WHEREAS, on January 8, 1906, the Board of Trustees of the City of San Rafael ("City") granted additional privileges to the San Francisco and North Pacific Railroad Company to lay down and maintain for steam railway purposes additional railroad tracks running along Tamalpais Avenue; and WHEREAS, the Golden Gate Bridge, Highway and Transportation District ("District") appears to be the successor in interest to the rights granted by Ordinances Number 114, 145 and 362 (the "Franchise Ordinances") to the San Francisco and North Pacific Railroad Company; and WHEREAS, the District and its predecessors have not fulfilled the conditions of the Franchise ordinances in that they have failed, continuously for a period of over five years preceding the date of this Resolution, to operate any railroad on the railroad tracks constructed pursuant to the rights granted by the Franchise Ordinances and have removed tracks authorized by the Franchise Ordinances; and WHEREAS, the City has not been advised by the District of any date upon which railroad service will be resumed, nor of any concrete plan for the resumption of that service; and WHEREAS, by the failure to operate a railroad on the tracks constructed pursuant to the rights granted by the Franchise Ordinances and by removal of tracks, the District and its predecessors have not fulfilled the public purposes for which the franchise rights were granted. NOW, THEREFORE, BE IT RESOLVED THAT, effective the date of this Resolution, the rights granted to the San Francisco and North Pacific Railroad Company and its successors including the District pursuant to the Franchise Ordinances, are hereby declared forfeited pursuant to the terms of the Franchise Ordinances; and 14106M.P50 07/06/93 -1- ORIGINAL f BE IT FURTHER RESOLVED THAT, effective the date of this Resolution, that the right to maintain and operate a railroad system in and on the streets of San Rafael to the extent it is governed by the Franchise Ordinances, is hereby declared abandoned; and BE IT FURTHER RESOLVED THAT the City Manager of the City of San Rafael is directed to advise the District and any other successor of the San Francisco and North Pacific Railroad Company of the termination of its rights under the Franchise Ordinances and to take all actions necessary to effectuate this Resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the 6th day of July, 1993 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen and Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey ABSTAINED: COUNCILMEMBERS: Mayor Boro (_due to potential conflict of interest)_ Jea M. Leoncin ,Olerk -2- CITY •- -I `I,- -_ - -was - - 7h -s= - � SAN IRAFAEL 1400 FIFTH AVENUE, P.O. BOX 151560, SAN RAFAEL CALIFORNIA 94915-1560 ; FAX (415) 459-2242 Jjy 7, 1993 .AAYOR ALBERT J. KORO COUNCIL MEMBERS DOROTHY L. BREINER PAUL M. COHEN MICHAEL A. SHIPPEY JOAN C THAYER VIA REGISTERED MAIL Carney Campion, General Manager Golden Gate Bridge, Highway and Transportation District Box 9000, Presidio Station San Francisco, CA 94129-0601 RE: Franchise to Operate Railway on Tamalpais Avenue in the City of San Rafael., CA Dear Mr. Campion: Enclosed is a copy of City of San Rafael Resolution No. 8980 which was adopted by the City Council on July 6, 1993 As you are aware, the franchise granted to the San Francisco and North Pacific Railroad Company (the Bridge District's predecessor in interest) required the operation of a railroad on Tamalpais Avenue as a condition of the grant of right-of-way by the Town and City of San Rafael. For the last five years or so, no railroad has been operated on the tracks. The District's failure to actively use the right-of-way is in violation of the franchise grants and, as such, has resulted in forfeiture of those franchise rights by the District. The effective date of this termination is July 6, 1993 , the date of adoption of the resolution. Should the District, at some future time, be interested in operating a rail service in San Rafael, the City is willing to entertain any proposals which the District may have regard- ing the resumption of railway service, including the public grant of supporting easements or similar rights over the public streets and other property of the City of San Rafael. If you have any questions, please let me know. Sincerely, Pamela J. Nicolai City Manager Enclosures cc: Northwestern Pacific Railroad