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
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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