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58R-4862 RESOLU'I'IOli NO. 4862 - ,.- A RESOLUTION OF THE CITY COUliCIL OF THIll CITY OF .A1U.HEIX APPROVING .AN AGREEMENT TO BE MADE .AND EN'l'ERED INTO BY AND BETWEEN THE CITY OF .AliAHEIX .AND 1m: COUNTY OF ORANGE FOR THE INSTALLATION OF A TIW'B'IC SIGliAL .AND INTERSECTIOli LIGHTING AT THE IN!ERSECTION OF BROOJOroRST STREET AND KATELLA AVDllliI: AED AUTHORIZING 1m: MAYOR AED CITY CLlllllX TO EXECUTE SAID AGBDMEliT. WHEREAS, considerable traffic congestion presently exists and is progressively increasing at the intersection of Brookhurst Street and Katalla Avenue; and. WHEREAS, said intersection is partly within the City of Anaheim and partly in the unincorporated area of the County of Orange, the southerly line of Katella Avenue and the westerly line of Brookhurst Street being the southerly and. westerly boundary lines respectively of the City; and WHEREAS. the relief of the existing traffic congestion at said intersection requires the cooperation of the County of Orange and. the City of Anaheim; and WHEREAS, the Co~ty and City desire to enter into an agreement for the construction and installation of a traffic signal and intersection lighting, and associated road work at said intersection, and to specifY the proportionate share of the costs that are to be borne by the City and the County and to provide for the maintenance of said traffic signal, as more particularly set forth in the form of agreement prepared by the County of Orange and this day submitted to the City Council, a copy of which agree- ment is hereto attached and made a part hereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this d~ submitted to the City Council to be made and. entered into by and between the City of Anaheim and the County of Orange, a copy of which is hereto attached and made a part hereof. be and the same is hereby approved; and that the ~or and Oity Clerk: be and. they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this lIth day of November 1958. /;!///' ..' ~ ..d~d-k.~:Z4~ MAYOR OF THE CITY OF .ANAHEIM. Z ft,/Y~ CITY CLlIlRK OF THE CITY OF AlIlHEIM. ,.--. ...-...., STATE OF CAUFORNIA) COIJKTY .oF .oRANGE ) Sll. C1:rv .oF WHElM' ) I, DENE M. WILUAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was intr.04uced and adopted at a regular ~eting of the City Council of the city of Anaheim, held on the 11th day of November, 1955, by the following vote: A YES: COUNCI IJmN: Pearson, Borden, Fry, S chu t te and Coons. NOES: COUNCIIJmN: Ki>ne ABSENT: CCUNCIIJmN: None AND I FURTHER CERTIFY tha t the Mayor of the Ci ty of Anaheim approved and signed said Resolution on the 11th day of November, 1958. IN WITNESS WHEREQF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of November, 1955. ;'~ . ,~,,~~-<- -ffi. <=V=~<<-~ CITY CLERK .oF THE CITY .oF ANAHEIM (SEAL) .........- ( COpy) AGREEMENT ft- THIS AGREEt~T, made and entered into BY AED BETWllEN CITY OF ANAHEIM, a municipal corporation, hereinafter designated as "CITYIl. AND COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUliTY". R E C I TAL S Considerable traffic congestion presently exists and is progressively increasing at the intersection of Brookhurst Street and Katella Avenue; The southerly line of Katella Avenue and the westerly Une of Brookhurst Street are the southerly and westerly boundary lines respectively of City. The relief of the existing traffic congestion at the intersection is of more than local importance and requires the cooperation of the County and City; County is willing to cooperate with City in the installation of the required traffic signal and intersection lighting installation, and City is willing to cooperate with County in these matters and contribute to the maintenance of said signals subsequent to their installation; The intersection is to be improved with a traffic signal and intersection lighting installation and associated road work. Said work of improvement shall be referred to hereinafter as the Project. It is estimated that the approximate cost to City for its one-half share of the traffic signal and intersection lighting installation will be Five Thousand Dollars ($5.000.00) plus all cost and expense to City shall be determined when the signals, highway lighting and road work have been completed. NOW. THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties agree: 1. County shall prepare the detailed plans, specifications and estimates. 2. City shall approve said plans and specifications as to design and construction features affecting the construction operation and maintenance of the portion of the Project within the City. 3. City shall make all the necessary arrangements to acquire and certify that the right of wavr for their portion of the Project has been acquired. Certification shall be made to the County by resolution of such action and coordinated with the County's certification of their right of way acquisition prior to advertising of the Project. - 4. County shall have jurisdiction of the construction area within the City, the same being Xatella Avenue from Brookhurst Street to a point 500 feet easterly and Brookhurst Street from Katella Avenue to a point 500 feet northerly during the period of time from the commencement of the installation of the signals and intersection lighting until its completion. - 5. AnY and all road work necessary for such installation shall be paid for by the respective parties on the basis of the actual work done within the limits of each jurisdiction. 6. County be and it is hereby designated as the contracting and construction agent for the parties to do and perform all acts and things necessary or required in order to construct the Project in accordance with the plans and specifications, including material control, inspection of the construction work, and to execute and deliver all documents necessary or re- quired in connection with the construction and completion of said Project, including certificate of day labor, equipment and material costs, and certification of completion of the Project. 7. City shall at all times during the progress of construction of the Project have access to the work for the purpose of inspection thereof and should City deem any remedial measures to be necessary, City shall notify the Road Commissioner of County thereof. On completion of construction of the Project, City shall inspect the same and certify to County its acceptance thereof. 8. Upon completion of said work. the traffic signals shall be maintained by the County and City shall p~ to the County the maintenance and energy costs in the saae ~atio to the total cost as the number of legs under their juris- diction entering the intersection are to the total number of legs entering the intersection. 9. Upon completion of the Project, County agrees to submit documents, certificates and itemized bills to City, and City agrees to reimburse County promptly upon submission of such costs for the full cost of the construction as defined herein of that portion of the Project lying within the corporate limits of the City. 10. City agrees to reimburse County for the cost of construction located within the incorporated area of City at the time of advertising of the Project, based on the contract unit cost of construction. - .. ..- - IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor, and attested by its Clerk, and County has caused this Agreement to be executed by the Chairman of its BOard of Supervisors and attested by its Clerk; all thereun~o duly authorized by Minute Order of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF All.AEJl1IM, a municipal corporation DATED : -~~~ /(:>/ /,... By (_4 - ~~~'" Mayor ATfEST: Clerk of the Oouncil DATED : COUNTY OF ORAliGE, a political subdivision of the State of Oalifornia ATTEST: By Chairman of the Board of Supervisors County Clerk and ex-officio Clerk of the Board of Supervisors APPROVED AS TO FOBM JOn E OGLE, COUNTY COUliS:BlL ORANGE COum'Y, CALIFORliIA :By Geor01:e F. Holden AS SI STAliT -