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66-806RESOLUTION NO. 66R-806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN PACIFIC COMPANY WITH REFERENCE TO THE IMPROVEMENT OF EUCLID AVENUE CROSSING NO. BAA- 510.9. WHEREAS, the City of Anaheim and Southern Pacific Company desire to enter into an agreement with respect to the improvement of crossing and protective devices at Euclid Avenue, Crossing No. BAA- 510.9, at or near Anaheim, in the County of Orange State of California; and WHEREAS, the Southern Pacific Company, hereinafter referred to as Railroad, has tendered to the City of Anaheim an agreement to be made and entered into between the parties, providing for the improvement of said crossing and protective devices at Euclid Avenue, Crossing No. BAA- 510.9, upon the terms and conditions, and for the proportionate share of costs therein set forth, which agreement the City Council finds would be for the benefit and best interest of the City 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 by Southern Pacific Company to be made and entered into between the parties, providing for the improvement of crossing and protective devices at Euclid Avenue, Crossing No. BAA- 510.9, at or near Anaheim, in the County of Orange, State of California, upon the following terms and conditions: 1. Railroad shall furnish all necessary labor, materials, tools and equipment to install and shall install four (4) flashing light grade crossing signals equipped with automatic gate arms, together with actuating and operating circuits and adequate instrument housing at said crossing. Said signals shall be located approxi- mately as indicated in red on print of Railroad's Los Angeles Division Drawing A- 5247, Sheet. No. 2, revised August 12, 1966, attached and made a part of said agreement. Such installation shall include the removal of the existing crossing signs indicated in yellow on said print. The City shall reimburse Railroad, promptly upon receipt of bills therefor, for fifty per. cent (50 of all costs and expense incurred by Railroad in connection with the furnishing and installation of said flashing light signals with automatic gate arms and appurtenances and the removal of the existing crossing signs. ATTEST: 2. The City, at City's expense, shall perform all work in connection with the widening of the crossing area in the location indicated by dashed red lines on said print. In addition, the City, at City's expense, shall construct the median islands necessary for placement of the two (2) signals to be .located thereon. 3. After the work contemplated has been completed, Railroad shall maintain the portion of the crossing area lying within lines two feet out- side the rails of the track located thereon. The City, at City's expense, shall maintain the remaining portions of the crossing area, together with the median islands and all other street facilities. 4. Railroad shall automatic gate as they remain fifty per cent maintenance if Section are available. CI CLERK Ox THE CITY OF ANAHEIM maintain the said signals with arms and appurtenances so long in place. The City shall pay (50 of the cost of such allocated funds, as provided in of the Public Utilities Code, 5. The work to be performed by Railroad shall be commenced as soon as labor and materials are available, following execution of said agree- ment and shall be completed within one (1) year thereafter. 6. Said agreement shall be binding upon and inure to the benefit of the successors and assigns of Railroad and the assigns of the City. 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 Southern Pacific Company the City's share of said costs as provided in said agreement. THE FOREGOING RESOLUTION is approved and signed by me this 27th day of December, 1966. MAYOR OF THE ITY OF EIM 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 -806 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of December, 1966, by the following vote of the members thereof: 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 -806 on the 27th day of December, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of December, 1966. SEAL) CItY 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 -806 duly passed and adopted by the Anaheim City Council on December 27, 1966. City Clerk