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66-291RESOLUTION NO. 66R- 291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXE- CUTION OF AN AGREEMENT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CITY PROVIDING FOR THE WIDENING AND IMPROVE- MENT OF A PORTION OF VERMONT AVENUE. WHEREAS, the City of Anaheim proposes a program of widening and improvement tb paved width of 48 feet that portion of Vermont Avenue on each side of and including the crossing of The Atchison, Topeka and Santa Fe Railway Company's tracks, designated by Public Utilities Commission, State of California, as Crossing No. 2- 168.7; and WHEREAS, The Atchison Topeka and Santa Fe Railway Company, hereinafter referred to as Santa Fe, and the City are in accord as to said program, and Santa Fe is willing that the City, or City's Contractor, do all work under said program except placing of paving within track area and relocation of one existing Standard No. 8 flashing light signal; and WHEREAS, Santa Fe has tendered to the City an agree- ment to be made and entered into between the parties, providing for said widening and improvement of Vermont Avenue upon the terms and conditions and for the costs therein set forth; and WHEREAS, the City Council finds that the terms and conditions of said agreement are satisfactory and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement tendered to the City of Anaheim by The Atchison, Topeka and Santa Fe Railway Company to be made and entered into between the parties, and providing for the widening and improvement of said portion of Vermont Avenue upon the following terms and conditions: 1. The City, or City's Contractor, will do all work under said program, except that work hereinafter specified to be done by Santa Fe. 2. City, or City's Contractor, will comply with Santa Fe's rules and regulations and instructions of its representatives in relation to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as wires, signals and other property of Santa Fe, or its tenants or licensees, at or in vicinity of the work during the period of construc- tion of said improvement, and shall perform the work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interfere with safe and timely operation of Santa Fe's tracks and other facilities. 3. Santa Fe will at expense of City, place necessary additional paving within track area to provide total paved roadway width of 48 feet and relocate one Standard No. 8 flashing light signal. me this ATTEST: 4. Work specified to be done in above Paragraph 3 by Santa Fe shall be done as soon as practicable, considering completion of said program, availability of materials and manpower, and in consideration thereof the City will pay to Santa Fe the actual total cost of work specified in said Paragraph 3 presently estimated by Santa Fe to be Nine Hundred Seventy -six Dollars ($976.00). 5. That upon completion of the work specified in above Paragraph 3, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for such costs. 6. Santa Fe will at its expense maintain street paving between rails of the tracks and for two feet out- side .thereof. 7. The City will at its expense maintain any street improvement within said crossing other than specified to be maintained by Santa Fe in above paragraph 6. be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. BE IT FURTHER RESOLVED that the Finance Director be, and he is hereby authorized to pay to The Atchison, Topeka and Santa Fe Railway Company the actual total cost of the work specified in Paragraph 3 above, at the time and as provided in said agreement. THE FOREGOING RESOLUTION is approved and signed by 19th day of April 1966. C Y CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -291 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 19th day of April, 1966, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -291 on the 19th day of April, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of April, 1966. CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -291 duly passed and adopted by the Anaheim City Council on April 19, 1966. CITY CLERK