1967-159RESOLUTION NO. 67R- 159
A RESOLUTION OF ThL CITY COUNCIL OF THE CITY
OF ANAHEIll APPROVING AND AUTHORIZING TEE
EXECUTION OF AN AGREEi'1ENT BETWEEK THE CITY
AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
PROVIDING FOR THE EXTENSION OF DOWLING AVENUE
ACROSS SAIL RAILWAY COMPANY'S TRACKS.
WHEREAS, tae City of Anaheim proposes to construct
Dowling Avenue at grade across the right of way and tracks of The
Atchison, Topeka and Santa Fe Railway Company, having a roadway
width of 86 feet between curbs, the centerline thereof crossing
said tracks at Mile Post 42.5, Third District Main Line; and
WHEREAS, said Railway Company is willing that the City
extend said street across its right of way and tracks at grade
as a public street crossing, as authorized by Decision No. 69855
of Public Utilities Commission, State of California; and
WHEREAS, the parties desire to enter into an agreement
setting forth the work to be done by each party in the extension
of Dowling Avenue across the right of way and tracks of said
Railway Company as a public street crossing, the proportionate
share of the costs to be borne by each, and providing for the
maintenance of said street and crossing; and
WHEREAS, The Atcnison, Topeka and Santa Fe Railway
Company has tendered to the City an agreement to be entered into
between the parties providing for said street extension, the terms
and conditions of which the City Council finds are satisfactory
and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the agreement this day tendered to the
City by The Atchison, Topeka and Santa Fe Railway, to be made
and entered into between the parties, providing for the extension
of Dowling Avenue across the right of way and tracks of The
Atchison, Topeka and Santa Fe Railway, upon the following terms
and conditions:
1. The Atchison, Topeka and Santa Fe Railway Company
hereinafter referred to as Santa Fe, will, at equal
expense of Santa Fe and the City, (a) prepare its
tracks to receive paving, including placing header
planks for roadway width of 86 feet, (b) raise or
relocate its communication and signal lines and
poles to proper side and overhead clearance of the
proposed street and (c) install four (4) Standard
No. 8 flashing light signals, supplemented by four
(4) automatic crossing gates.
2. The City will, at its expense, (a) do all work
except that specified to be done by Santa Fe in
above Paragraph 1, necessary to said street con-
struction, including adequate drainage facilities,
and (b) relocate or protect by encasement or other-
wise property or facilities or licensees of Santa
Fe if said licensees require same.
3. Santa Fe will uo the work specified in above Para-
graph 1, as soon as practicable, considering
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completion of said street construction, availability
of materials and manpower, and in consideration
thereof the City will pay to Santa Fe the one -half
actual cost thereof, which actual total cost is
presently estimated by Santa Fe to be FORTY -FINE
THOUSAND THREE HUNDRED NINETY -SIX ($45,396.00)
Dollars.
4. That upon completion of work to be done by Santa Fe,
specified in Paragraph 1 hereof, Santa Fe will ren-
der tine City a bill for its portion of the costs
thereof and the City will promptly reimburse Santa
Fe for such costs.
5. After installation of railroad crossing protection
signals and appurtenances under terms of said agree-
ment, Santa Fe shall physically maintain same so
long as they remain in place. The maintenance cost
of said signals and appurtenances shall be divided
in the same proportion as the cost of constructing
such automatic grade crossing protection as provided
in Section i hereof, in accordance with 1202.2 of
the California Public Utilities Code.
6. The ownership of all materials used or placed in
connection with the work specifies in Paragraphs 1
and 5 nereof shall be in Santa Fe. If, at any time,
the protective signals and appurtenant materials,
exclusive of appurtenances necessary for operation
of Santa Fe signals, installed under said agreement
are no longer required and are still useable, they
shall be reinstalled at some other crossing to be
selected by agreement between the City and Santa Fe
and materials so reused shall be furnished by Santa
Fe without cost to the City, provided there is some
other crossing within the City requiring crossing
protection improvement at the time and for which the
signals and appurtenant materials can be used.
7. Santa Fe will, at its sole expense, maintain the
street paving between lines two feet outside of and
parallel with the rails of the tracks.
c. The City will maintain, at its sole expense, any
improvement with said street extension and public
crossing other than specified to be maintained by
Santa Fe in Paragraph 7 Thereof.
-9. The City, or City's Contractor, will comply with Santa
Fe's rules and regulations and the instructions of
Santa Fe's representatives in relation to proper man-
ner of protecting Santa Fe's track and traffic moving
thereon, as well as wire, signals and other facilities
or property of Santa Fe, or its tenants or licensees,
at or in vicinity of the work during the period of
construction of said street extension, and shall per-
form the work in a manner satisfactory to Santa Fe
or its designated representative, and at such times
as shall not endanger or interfere with safe operation
of Santa Fe's track and other facilities.
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.
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THE FOREGOING RESOLUTION is approved and signed by
me this 21st day of March 1967
ATTEST:
CI CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
MAYOR OF THE CITY OF
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 67R -159 duly passed and adopted by the Anaheim City Council on
March 21, 1967.
following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Chandler, and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Schutte
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council
held on the 21st day of March 1967 by the
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 21st day of
March 1967
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 21st day of
March 19 67
CI Y CLERK OF THE CITY OF ANAHEIM