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HomeMy WebLinkAboutCC RESO 7472RESOLUTION NO. 7472 Re Authorizing City Engineer to Make Application For Permit to Construct Drainage Structure in Portion of 30th Street Within Unincorporated Territory and Agreeing to Save Harmless the County of San Diego, its Officers and Employees woman On motion of Counci]xttotx Hollingsworth , seconded by Councilman Allen , the following resolution is adopted. WHEREAS, the City of National City has embarked on the Paradise Creek Drainage Project to divert waters from Paradise Creek to the Sweetwater River; and WHEREAS, the plans for said project require the construc- tion of a box culvert across and beneath that portion of 30th Street which is located in the unincorporated territory of the County of San Diego and which is now a County highway; and WHEREAS, the City of National City has acquired or has filed the necessary condemnation action to acquire right of way for said drainage project adjacent to and across said portion of 30th Street; and WHEREAS, the City of National City desires to obtain from the County of San Diego, pursuant to County of San Diego Ordinance No. 989 (New Series), as amended, a permit to encroach upon and excavate and construct within said 30th Street a box culvert as shown on City of National City drawings numbers 500-L, 558-L, 557-L, 558-L, 518-L and 520-L; and WHEREAS, the County Surveyor and Road Commissioner of the County of San Diego requires that the City of National City agree to save the County of San Diego, its officers and employees, harm- less from any liability or responsibility for any accident, loss or damage to persons or property happening or occuring as the proxi- mate result of the construction of said box culvert or the issuance of any permit for the construction thereof and to agree to defend the County, its officers and employees in the event of litigation RGB/b arising out of the issuance of any by the City, its officers, agents, said 30th Street; NOW THEREFORE such permit or work performed employees or contractors within The City Council of the City of National City hereby author- izes Wayne P. Lill, City Engineer of the City of National City, to file with the Surveyor and Road Commissioner of the County of San Diego or other officer or the Board of Supervisors of said County an application for and obtain a permit to construct the portion of said Paradise Creek Drainage Project to be located within that portion of 30th Street lying in the unincorporated territory of the County of San Diego and to agree on behalf of the City of National City that in the event such permit is issued by the County of San Diego, a_ts officers or employees, to the City of National City for such construction the City of National City will save harmless the County of San Diego, its officers and employees, from any liability or responsibility for any accident, loss or damage to persons or property happening or occuring as a result of any work pursuant to such permit and to defend the County of San Diego its officers and employees, in any litigation arising out of the issuance of sucn permit or work performed by the City of National City, its officers, agents, employees or contractors within said 30th Street. PASSED, APPROVED AND ADOPTED by the City Council of the City of National City this 21st day of April 1959, by the following vote. Ayes: Allen, Hollingsworth, Hodge Nays: Hart Absent: Fessman 1.1 2