Ordinance 0312ORDINANCE NO. 312
(NEW SERIES)
AN ORDINANCE AUTHORIZING
AND DIRECTING THE EXECU-
TION OF AN AGREEMENT BE-
TWEEN THE CITY OF ALA-
MEDA, A MUNICIPAL CORPORA-
TION ON THE ONE HAND, AND
THE WESTERN PACIFIC RAIL-
ROAD COMPANY, THE ATCHI-
SON, TOPEKA AND SANTA FE
RAILWAY COMPANY, AND ALA-
MEDA BELT LINE, RAILROAD
CORPORATIONS, ON THE
OTHER, AMENDING AND MODI-
FYING THE AGREEMENT
DATED DECEMBER 15TH, 1924,
BETWEEN SAID CITY OF ALA-
MEDA AND THE TWO RAIL-
ROAD COMPANIES - FIRST
ABOVE NAMED, THE EXECU-
TION OF WHICH AGREEMENT
BY SAID CITY WAS AUTHOR-
IZED AND DIRECTED BY ORDI-
NANCE NO. 259 (NEW SERIES),
BY CHANGING THE PROVI-
SIONS 01' SAID AGREEMENT
WITH RELATION TO THE
ROUTE OF THAT PORTION OF
THE RAILROAD TO BE CON-
STRUCTED BY ALAMEDA BELT
LINE BETWEEN A POINT IN
THE EXISTING TRACK OF ALA -
MEDA BELT LINE ON CLE-
MENT AVENUE NEAR MINTURN
STREET, AND THE WESTERLY
LINE OF WEBSTER STREET, SO
AS TO ELIMINATE ALL RE-
QUIREMENTS THAT ANY PART
OF THE RAILROAD TO . BE CON-
STRUCTED SHALL BE LOCATED
ON THE SIDEWALK AREA OF
BUENA VISTA AVENUE, AND SO
AS TO PROVIDE THAT THE
PORTION OF SAID RAILROAD
TO BE CONSTRUCTED BE-
TWEEN HIBBARD STREET AND
SHERMAN STREET MAY BE
CONSTRUCTED OVER, ALONG
AND UPON PRIVATE PROP-
Be it ordained by the Council of
the City of Alameda:
Section 1. The City of Alameda
shall forwith enter into an agree-
ment with The Western Pacific
Railroad Company, • The Atchison,
Topeka and Santa Fe Railway Com-
pany, and Alameda Belt Line, rail-
road corporations, in words fig-
ures substantially as follows:
THIS AGREEMENT, made the........
day of ..................................... 1926, by and
between the CITY OF ALAMEDA,
a Municipal Corporation of the State
of oC'.alifornia, THE WESTERN PA-
CIFIC RAILROAD COMPANY, and
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY,
railroad corporations doing business
in the State of California, and ALA-
MEDA BELT LINE, a railroad cor-
poration organized under the laws
of the State of California,
WITNESSETH s
The parties to this agreement
hereby agree that a certain agree -
ment of date December 15th, 1924,
by and between The Western Pa-
cific Railroad Company and The
Atchison, Topeka and Santa Fe
Railway Company on the one hand,
and the said City of Alameda on
the other, the execution of which
wa's authorized and directed by Or-
dinance No. 259 (New Series) of the
City of Alameda, shall be and is
hereby modified and amended as
follows, to -wit:
Subdivision (b) of the section
of said agreement numbered
"FIRST" is . hereby changed to
read as follows, to -wit:
Beginning at a point in the
existing track on Clement Ave-
nue near Minturn Street; thence
by a single track on an "S"
curve over and along private
rights of way and intervening
streets southerly and westerly
to the western line of Hibbard
1
'ORDINANCE W ; . 31 L °.New Se>ries (Continued )
Street at a point near Buena
Vista Avenue; : thence over. and
along private property to a
- point' in • the eastern_ line of .
Sherman Street between Eagle
Avenue and . Buena Vista Ave-
nue; thence by a single or dou-
ble track . curving northerly
over Sherman Street and cross -
ing' Eagle Avenue, to a point in
the so- called segregation line;
thence continuing northerly and
westerly over private property
and - crossing all intervening
streets to the westerly line of
Webster Street at or near the
so- called segregation line.
In'all. other respects except that
above specified said agreement of,
date December 15; 1924, shall re-
main , in full force. unaffected by
any provision of this agreement.
.IN WITNESS WKEREOF, the
said parties have hereunto caused
this agreement to be signed, sealed
and executed by their proper re-
spective officials first thereunto
duly authorized.
CITY OF. ALAMEDA,
By........................... • ------....-----....-----
Mayor
Attest: .................. I .........................
City Clerk,..
THE WESTERN PACIFIC
RAILROAD COMPANY,
B y ----------------------------------------------------
President
Attest: ------------------------------------------
Secretary
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY,
By----------------- •- - - - - -- ... ----•-------------
President
Attest: ------------------------------------------
Secretary
......... .
ALAMEDA BELT LINE,
By ........................:.....:................
President
Attest: ..........................................
Secretary
Section 2. The Mayor-of the City
of Alameda, as Its official head and
representative,' is hereby authorized
and directed to execute the fore-
going agreement iri th name of and
on behalf of the City, and the City
Clerk is hereby authorized and di-
rected to attest the Same.
Seetn 3. This Ordinan
i'a ce shall
take effect thirty (30) days from
and after its final passage,
Adopted and passed by the council
of - the city of . Alameda this 18th
day of May, 1926.
FRANK OTIS, .
Presiding Officer of the Council.
I, the undersigned, hereby certify
that the foregoing, Ordinance was
duly and regularly adopted and
passed by the council . of the city of
Alameda in regular. meeting assem-
bled, on. the 18th day, of May, 1926,
by the following vote, to -wit:
.,AYES: Councilmen Latham, Nei•ss,
Noble, Traver and President Otis,
(5)•
NOES: None.
'ABSENT: None.
IN TESTIMONY WHEROF,.I have
hereunto set my hand and affixed
the. official seal of said city this
19th day of May, 1926'.`
(Seal) , W. E. VARCOE,
City Clerk of the City of Alameda.
Approved as:, to form,
WM. J. LOCKE,
City Attorney.
5 =11 -26
Description checked,
BURNETT HAMILTON,
City Engineer.
Publish May 20, 1926.