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58R-4796 RESOLUT ION NO. 4796 ,-,.,....., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF ORANGE AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE COOSTRUCT ION OF A BR IDGE AT KNOTT AVENUE; AND AUTHORIZING PAYMENT OF THE CITY'S PERCENTAGE OF THE COST OF SAID BRIDGE. WHEREAS, Carbon Creek Channel is Project No. B-1 of the Engineer fS Report dated March, 19S5, entitled "General Plans, Specifications and Estimates of Cost of Rights of Way and Construction of Improvements for Draina~e Facilities for Flood Control in Orange County, California,' on file in the Office of the County Clerk of Orange County, California; and WHEREAS, Carbon Creek Channel intersects Knott Avenue at a point approximately 1,102 feet southerly of Orange Avenue, and a portion of Knott Avenue is within the City Limits of the City of Anaheim and a portion within the un- incorporated territory of the County of Orange; and WHEREAS, the obligation of the Orange County Flood Control District in respect to Knott Avenue when constructing said Project B-1 is that of restoring Knott Avenue to its con- dition of usefulness existing prior to the Orange County Flood Control DistrIct's construction, which would constitute the construction of a bridge 28 feet in width; and WHEREAS, the City of Anaheim desires that the bridge at Knott Avenue be constructed to ultimate width, which would constitute a bridge 76 feet in width, of which 8 feet would lie within the unincorporated territory of the County of Orange and 68 feet would lie within the City Limits of the City of Anaheim; and WHEREAS, the best interests of the City of Anaheim, the County of Orange and the Orange County Flood Control Dis- trict will be served by constructing said bridge to ultimate width and apportioning the costs of the construction thereof between the County of Orange, the City of Anaheim and said Flood Control District; and WHEREAS, the County of Orange and the Orange County Flood Control District have offered to enter into an agreement with the City of Anaheim for the construction of said bridge, upon the following terms and conditions: 1. That Orange County Flood Control District's engineer shall prepare or cause to be prepared, plans and specifications for said bridge and submit the same to the County's Road Commissioner and to the City Engineer of the City of Anaheim for checking and ap- proval. --. 2. That upon approval of said plans and specifications by said County Road Commissioner and the City Engineer, and when plans and specifications for that portion of Project B-1 between the Pacific Electric Railroad and Manchester Avenue have been approved by the City of Anaheim in accordance with the applicable provision of the Orange County Flood Control Act, said Flood Control District shall promptly undertake and perform -1- ~- all of the work of advertising for bids and awarding a contract, all in accordance with the provisions of law governing the same. 3. That during the construction of said bridge said Flood Control District shall furnish a resident engineer to perform the usual functions of a resident engineer, and said County of Orange and City of Anaheim may also furnish resident engineers, and in such case, the resident engineers will cooperate and consult with each oth~ , but the orders of the Orange County Flood Control District's resident engineer shall be final. 4. That, as hereinafter provided, the County of Orange and the City of Anaheim shall pay to said Orange County Flood Control District their respective percentages of the cost of said bridge, said per- centage of cost to be computed on the following basis: (a) The total construction cost shall be the sum of the following: The lump sum bid that is ac- cepted when awarding the contract for said con- struction, the cost of that section of concrete channel under the bridge, and the cost~r relocation of utilities made necessary by the construction of a bridge wider than said 28 feet and not required by channel work. (b) That the County's percentage shall be 8/76 of the total cost of said bridge, plus 5% of said total cost to cover said Flood Control District's cost of de- sign, inspection, field engineering and final reports and acceptance. (c) That the City's percentage shall be 40/76 of the total cost of said bridge, plus 5% of said 40/76 of said total cost to cover said District's cost of design, inspection, field engineering and final re- ports and acceptance. ~-, 5. That upon completion of construction and filing notice of completion of same, the County and City shall pay to said Flood Control District their respective percentages of the cost hereinabove set forth in Item 4. 6. That from and after the completion of said construc- tion, the maintenance of that portion of said bridge within the unincorporated territory of the County and above the elevation of the bottom of the bridge deck shall be the responsibility of the County; the maintenance of that portion of said bridge within the City Limits of the City of Anaheim and above said elevation shall be the responsibility of the City; and the maintenance of that portion of said bridge below said elevation shall be the responsibility of said District. AND WHEREAS, the City Council does find that the terms and conditions hereinabove set forth, and as set forth in the agreement submitted to the City by said Orange County Flood Control District, are fair and reasonable; -2- - - , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM that the agreement this day submitted to the City Council by said Orange County Flood Control District, to be made and entered into by and between the County of Orange, the Orange County Flood Control District and the City of Anaheim, whereby said District agrees to con- struct the bridge hereinabove referred to upon the terms and conditions and for the percentages of cost set forth in said agreement and as hereinabove set forth, be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized and directed to execute said agreement for and on behalf of the City of Anaheim. me this THE FOREGOING RESOLUTION is approved and signed by 30th day of SePtember~ 1 ~,. / ~~.., /~ -) (~~ f:-~t;/-:;: G /1' ~~ MAYOR"bF THE cM:y OF ANAHEIM;- A1;Jf:j:;ST: /1 /.,1 -- ~#aEC!oF - 'i-- w~ THE CITY OF ANAHEIM. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at an adjourned regular meeting of the City Council held on the 30th day of September, 1958, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Borden. Fry, Schutte and Coons NOES: COUNe ILMEN : None ABSENT: COUNC ILMEN : None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution onthe 30th day of September, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of September, 1958. .- ---- ~ S--- ~' ';" " . /?f, _~ , CI Y CLERK OF ~~ OF ANAHEIM. (SEAL ) -3-