1961-6813RESOLUTION NO. 6813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT FOR AND ON
BEHALF OF THE CITY OF ANAHEIM WITH THE ORANGE
COUNTY FLOOD OONTROL DISTRICT AND THE COUNTY
OF ORANGE FOR THE CONSTRUCTION OF A CULVERT
AT DOWLING STREET.
WHEREAS, under the authority of the Orange County Flood
Control Act, Orange County Flood Control District proposes to
construct Carbon Creek Channel, which channel is Project B1
of the Engineer's Report dated March,1955; and
WHEREAS, the construction of Carbon Creek Channel, here-
inafter referred to as Project Bi, between the Raymond Avenue
and Miller Street Retarding Basins will consist of constructing
approximately 3.5 miles of earth channel, two retarding basins,
and eight culverts; and
WHEREAS, Project Bi intersects Dowling Street approximately
230 feet south of Orangethorpe Avenue, and at this location the
common jurisdictional boundary line between the County and the
City lies 20 feet easterly of the centerline of Dowling Street; and
WHEREAS, the obligation of the Orange County Flood Control
District with respect to Dowling Street when constructing Pro-
ject Bi is the restoration of said Dowling Street to its condi-
tion of usefulness existing prior to Orange County Flood Control
District's construction, which would constitute the construction
of a culvert 40 feet in length at Dowling Street; and
WHEREAS, it is the mutual desire of the County of Orange
and the City that the culvert be constructed to ultimate length
to facilitate future road widening, which would necessitate the
construction of a culvert 76 feet in length, the easterly 18
feet of which would be within the city limits of Anaheim; and
WHEREAS, the best interests of the Orange County Flood Con-
trol District, the County of Orange, and the City of Anaheim
will be.served by constructing said culvert in accordance with
the mutual desire of the County and the City and by apportioning
the costs of construction of said culvert in an equitable man-
ner between said District, County, and City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that an agreement be made and entered into by
and between the Orange County Flood Control District, the County
of Orange and the City of Anaheim for the construction of a cul-
vert 76 feet in length at Dowling Street, the terms and condi-
tions of which agreement shall be as follows:
1. Orange County Flood Control District's Flood Control
Engineer shall prepare or cause to be prepared, plans
and specifications for said culvert, 76 feet in
length, and submit same to the County's Road Com-
missioner and the City Engineer of Anaheim for check-
ing and approval.
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2. Upon approval of said plans and specifications
by said Road Commissioner and City Engineer, and
when plans and specifications for that reach of
Project B1 between the Raymond Avenue and Miller
Street Retarding Basins have been approved by
all required agencies in accordance with the ap-
plicable provision of the Orange County Flood
Control Act, said Orange County Flood Control Dis-
trict shall promptly undertake and perform all
of the work of advertising for bids and awarding
a contract, all in accordance with the provisions
of law governing the same.
3. During construction of said culvert, said District
shall furnish a resident engineer to perform the
usual functions of a resident engineer. During
said construction, the County may also furnish a
resident engineer, and in such case the resident
engineers will cooperate and consult with each
other, but the orders of the District's resident
engineer shall be final.
4. As hereinafter provided, the County of Orange shall
pay said District its share of the cost of said
culvert, said share to be the sum of the following:
(a) 18/76 of the total construction cost of the
culvert, said total cost being the quantity
of each bid item for the culvert multiplied
by the respective unit price paid the Dis-
trict's contractor for said bid items.
(b) The cost of relocation of utilities made nec-
essary by the construction of that portion of
said culvert lying outside of said District's
obligation but within unincorporated territory
of the County of Orange, if said utility re-
locations would not be already required by
channel work.
(c) 10% of the sum of items (a) and (b) above to
cover District's cost of design, inspection,
field engineering and final reports and ac-
ceptance.
5. As hereinafter provided, the City of Anaheim shall
pay District its share of the cost of said culvert,
said share to be the sum of the following:
(a) 18/76 of the total construction cost of the cul-
vert, said total cost being the quantity of
each bid item for the culvert multiplied by
the respective unit price paid the District's
contractor for said bid items.
(b) The cost of relocation of utilities made nec-
essary by the construction of that portion of
the culvert lying within the city limits of
Anaheim, if said utility relocations would not
already be required by channel work.
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ATTEST:
(c) 10% of the sum of items (a) and (b) above
to cover District's cost of design, in-
spection, field engineering, and final
reports and acceptance.
6. Upon completion of construction and filing notice
of completion of same, the District shall bill the
County and the City for their respective shares of
the cost of construction of said culvert. Said
bills shall itemize the contract bid items and
amounts paid for the respective bid items. County
and City shall pay to the District the amount of
their respective bills within 30 days of the re-
ceipt thereof.
7. From and after the completion of said construction,
the maintenance of said culvert shall be the re-
sponsibility of said District.
8. It shall be mutually understood and agreed that in
the event the unincorporated area of Dowling Ave-
nue at its crossing of Project Bi is annexed by
a city prior to the date of advertising for bids
for the construction of said Project Bi, then those
portions of said agreement affecting the County
shall become null and void and be of no further
force and effect.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to enter into an agreement
with said Orange County Flood Control District and said County
of Orange for the construction of said culvert upon the terms
and conditions hereinabove set forth.
THE FOREGOING RESOLUTION is approved and signed by me
this 11th day of April, 1961.
CLER OF THE ITY OF ANAHEIM
MAYOil I
F
OF 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. 6813 was introduced and
adopted at a regular meeting provided by law, of the City Council of the
City'of Anaheim, held on the llth day of April, 1961, by the following
vote of the members thereof:
AYES: COUNCILMEN:. Chandler, Coons, Fry, Thompson and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None'
AND I FURTHER CERTIFY that the Mayor of the'City of Anaheim
approved and signed said Resolution No. 6813 on the 11th day of April,
1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this llth day of April, 1961.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM