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1962-0725RESOLUTION NO. 62R 725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY WITH REFERENCE TO THE WIDENING AND IMPROVEMENT OF A PORTION OF LA PALMA AVENUE. Finance Engineer WHEREAS, the City of Anaheim proposes a program of widening and improvement to a width of 6L1.feet a portion of La Palma Avenue,which program includes widening of the crossing of The Atchison, Topeka and Santa Fe Railway Company's track designated by Public Utilities Commission, State of California, as Crossing No. 2N -1.1; and WHEREAS, The Atchison, Topeka and Santa Fe Railway Company and the City of Anaheim are in accord as to said program and The Atchison, Topeka and Santa Fe Railway Company is willing that the City or City's contractor do all work under said program except preparation of said Railway Company's track for paving, including placing of header planks, placing paving in track area of crossing, and replacing existing crossing warning devices with four flashing lights; and WHEREAS, the City and said Railway Company desire to enter into a contract for the carrying out of said program of widening and improvement of said portion of La Palma Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement, dated August 7, 1962, tendered to the City of Anaheim by The Atchison, Topeka and Santa Fe Railway Company, providing for the widening and improvement of a portion of La Palma Avenue, which includes widening of the crossing of The Atchison, Topeka and Santa Fe Railway Company's track designated as Crossing No. 2N -1.1, upon the terms and conditions hereinafter set forth, be and the same is hereby approved. That said terms and conditions are as follows: 1. City or City's contractor will do all work under said program except that work hereinafter specified to be done by The Atchison, Topeka and Santa Fe Railway Company. 2. City or City's contractor will comply with said Railway Company's rules and regulations and the instructions of said Railway Company's representa- tives in relation to proper manner of protecting said Railway Company's track and traffic moving thereon, as well as wires, signals and other property of the Atchison, Topeka and Santa Fe Railway Company, or its tenants or licensees, at or in vicinity of the work during the period of construction of said improvement, and shall perform the work in manner satisfactory to said Railway Company or its representatives, and at such times as shall not endanger or interfere with the safe operation of said Railway Company's track and other facilities. -1- ATTEST: 3. The Atchison, Topeka and Santa Fe Railway Company will, at its expense, prepare its track to receive paving including placing header planks to accommodate paved roadway width of 6!1 feet. The Atchison, Topeka and Santa Fe Railway Company will at expense of City: (a) place paving within track area of the crossing and, (b) remove existing crossing warning signs and install two flashing light signals without back lights at usual side of road location and two flashing light signals without back lights, one each on each side of the track within 12 foot wide center of road islands, which islands. are to be placed by City as part of said program, 5. Work specified in above Paragraphs 3 and 4 to be done by said Railway Company shall be done as soon as practi- cable, considering completion of said program, avail- ability of material and manpower, and in consideration thereof City will 'pay to said Railway Company, (a) actual cost of work specified in Paragraph hereof presently estimated by The Atchison, Topeka and Santa Fe Railway Company to be Nine Thousand Seven Hundred Six ($9,706.00) Dollars. 6. That upon completion of the work specified in Para- graph 4 hereof, said Railway Company will render City a bill for its costs and City will promptly reimburse said Railway Company for such costs. 7. The Atchison, Topeka and Santa Fe Railway Company will maintain at its expense (a) said flashing light signals and (b) street paving within the track area and for two feet outside thereof so long as required to do so. 8. City will maintain at its expense any street improve- ment within said crossing other than specified to be maintained by said Railway Company in above Paragraph 7. 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. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of August, 1962. CI CLERK OF THE CITY OF ANAHEIM -2- OR OF THE CIT 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. 62R -725 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 7th day of August, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Schutte, Chandler, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 62R -725 on the 7th day of August, 1962. IN WITNESS WHEREOF, I have hereunto set my.hand and affixed the official seal of the City of Anaheim this 7th day of August, 1962. SEAL) CITY CLERK OF THE CITY OF ANAHEIM