58R-4796
RESOLUT ION NO. 4796
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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.
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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
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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.
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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;
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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 ~,.
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(~~ f:-~t;/-:;: G /1' ~~
MAYOR"bF THE cM:y OF ANAHEIM;-
A1;Jf:j:;ST:
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~#aEC!oF
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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.
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, CI Y CLERK OF ~~ OF ANAHEIM.
(SEAL )
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