Ordinance 1148Alameda City New Series
Ordinance No. 1148
New Series
AN ORDINANCE AUTHORIZING
UTAH CONSTRUCTION COMPANY
TO DREDGE. CERTAIN SUB-
MERGED LANDS: OF THE CITY OF
ALAMEDA AND FILL CERTAIN
SUBMERGED LANDS OF SAID
COMPANY IN THE CITY OF ALA -
MEDA, AND AUTHORIZING EXE-
CUTION OF AGREEMENT PER-
TAINING THERETO.
WHEREAS, Utah Construction Com-
pany, hereinafter called Permittee, has
applied to the City of Alameda for the
right and privilege of going upon cer-
tain submerged lands of the City of
Alameda for the purpose of dredging,
taping and removing therefrom earth,
sand and other materials for a term of
seven (7) years, and for a permit to
fill certain submerged lands owned by
Permittee in the City of Alameda and
to use said materials taken from said
lands of the City thereon. and for cer-
tain other rights necessary to the
exercise of said dredging and filling
rights: and
WHEREAS, the City has considered
said application and has submitted cer-
tain terms and conditions respecting
the granting of said rights and permit,
which are agreeable to, and acceptable
by, said Permittee; and
WHEREAS, a form of agreement to
be executed by the City and said
Permittee, and containing the cove -
nants and agreements stipulated and
agreed upon between the parties has
been submitted to the City Council
and filed with the City Clerk at the
regular meeting of said Council held
on February 23, 1955;
NOW THEREFORE, BE IT OR-
DAINED BY THE COUNCIL, OF THE
CITY OF ALAMEDA as follows:
Section 1. That Permittee be given
the right and privilege of going upon
those. certain submerged lands, situate
in the City of Alameda, shown and
delineated on Exhibit A of said form
of agreement, for the sole and ex-
clusive :purpose of dredging, taking
and removing therefrom earth, sand
and other materials and deposits lying
thereon; for use on or in connection
with the : filling of the said submerged
lands owned by Permittee, shown and
delineated. on Exhibit A of said form
of agreement, and the adjoining road -
ways and beach areas described in said
form of agreement.
Section 2, That if .Permittee shall be
prevented from utilizing any part of
the borrow area described in Section 1
hereof or be so restricted in the use
thereof as to render such use im-
practicable or uneconomical because of
the act or intervention of any govern-
mental agency, the City shall set aside
the nearest available area containing
fill material of equal amount for Per- -
mittee's use.
Section 3. That ..Permittee be given
the right and authority to fill said
lands owned by Permittee and shown
and delineated on Exhibit A of said
form of agreement, subject to the
terns and conditions contained in: said
form of agreement.
Section 4. That Permittee be given
an irrevocable license to lay pipe lines
and similar equipment between said
borrow area and said areas to be filled,
and to move and operate tugs, dredges
wnd r4fi er vessels and eauinment. over.
City in, around and between said
borrow area and said fill areas, sub -
ject to the terms and conditions con-
tained in said form of :agreement. -
Section 5. That in consideration of
the foregoing rights and ' privileges
Permittee shall agree, and be granted
all necessary authority, to enter upon
and fill, upon completion of the ;filling
of the fill areas shown on Exhibit A
of said form of agreement, certain
parcels of land adjoining said fill
areas, owned by the City, and more
particularly described in said form of
agreement; and Permittee shall agree
that upon completion of the filling of
each fill area and the subdivision
thereof, it will sell to the City all land
in such fill area that shall be shown
on the approved Subdivision Map as
designated for schools, parks and other
purposes at the net cost of such land
to Permittee.
Section 6. That the foregoing rights
and privileges shall be given to Per -
mUtee for a term of seven (7) years
commencing on the date of execution
of said agreement, provided, that if
Permittee shall fail to exercise any of
the rights granted therein during the
first two (2) years after the date there-
of, the said agreement may be termi-
nated by the City, at its option, by
giving Permittee written notice there-
of, provided, further, that no provi-
sion of any ordinance or regulation
of the City providing a shorter period
of time for termination of a permit
for nonuser shall be construed to apply
to the rights and privileges granted
Permittee in said agreement.
Section 7 That the foregoing rights
and privileges shall be granted Per-
mittee in a written agreement, which
shall be in the form and contain the
covenants, stipulations and agreements
set forth in the draft thereof sub-
mitted to the City . Council, . and fired
with the City Clerk; at the regular
meeting of said Council held on Febru-
ary 23, 1955, which draft is incorpo-
rated herein and made a part hereof.
Section 8, The Mayor of the City of
Alameda is hereby authorized and
directed to execute the aforesaid agree-
ment for and on behalf of said City,
and the City Clerk is directed to attest
the . same, as soon as this ordinance
shall become effective.
Section 9. This ordinance shall be
in full force and effect from and after
the expiration of thirty (30) days from
the date of its final passage.
S. CITESLEY ANDERSON /s/
Presiding Officer of the
Council
Attest
SHIRLEY H. TENNIER /s/
City Clerk
I, . the undersigned, hereby certify
that the foregoing Ordinance : was duly
and regularly adopted and gassed by
the Council of the City of Alameda in
regular meeting assembled on the lst
day of March, 1955, by the following
vote, to wit:
.AYES Councilmen Haag, Jones, Mc-
Call, and Moresi, (4).
NOES: President Anderson, (1).
ABSENT: None.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
official seal of said City this 2nd day
of March, 1955.
SHIRLEY H. TENN /sl
(SEAL) City Clerk of the City