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1967-129RESOLUTION NO. 67R 199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXE- CUTION OF AN AGREEMENT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE CITY PROVIDING FOR THE WIDENING AND IMPROVE MENT OF A PORTION OF SOUTH STREET. WHEREAS, the City of Anaheim proposes a program of widening and improvement to paved width of 41 feet that portion of South Street on each side of and including the crossing of The Atchison, Topeka and Santa Fe Railway Company's tracks, designated by Public Utilities Commission, State of California, as Crossing No. 2- 168.3; and WHEREAS, The Atchison, Topeka and Santa Fe Railway Company, hereinafter referred to as Santa Fe, and the City are in accord as to said program, and Santa Fe is willing that the City, or City's Contractor, do all work under said program except preparation of Santa Fe's tracks to receive paving, placing of header planks, and relocation of one existing flash- ing light signal and communication line pole to accommodate widened roadway; and WHEREAS, Santa Fe has tendered to the City an agree- ment to be made and entered into between the parties, providing for said widening and improvement of South Street upon the terms and conditions and for the costs therein set forth; and WHEREAS, the City Council finds that the terms and conditions of said agreement are satisfactory 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 of Anaheim by The Atchison, Topeka and Santa Fe Railway Company to be made and entered into between the parties, providing for the widening and improvement of said portion of South Street upon the terms and conditions, and for the costs hereinafter set forth, be, and the same is hereby approved. That said terms, conditions and costs are as follows: 1. The City, or City's Contractor, will do all work under said program, including placing of pavement within track areas of said crossing, except that work hereinafter specified to be cone by Santa Fe. 2. City, or City's Contractor, will comply with Santa Fe's rules and regulations and instructions of its representatives in relation to proper manner of protecting Sante Fe's track and traffic moving thereon, as well as wires, signals and other property of Santa Fe, or its tenants or licensees, at or in vicinity of the work during the period of construc- tion of said improvement, and shall perform the work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interfere with safe and timely operation of Santa Fe's tracks and other facilities. ATTEST: 3. Santa Fe will at its expense prepare its tracks to receive paving, including placing of header planks to width of existing crossing being average of 32 feet. 4. Santa Fe will at expense of City, place header planks, in addition to those specified to be placed in above Paragraph 3, to accommodate paved width of 41 feet plus sidewalks; and relocate one existing flashing light signal and communication line pole to accom- modate widened roadway. 5. Work specified to be done in above Paragraph 4 by Santa Fe shall be done as soon as practicable, con- sidering completion of said program, availability of materials and manpower, and in consideration thereof the City will pay to Santa Fe the actual total cost of work specified in said Paragraph 4 presently estimated by Sante Fe to be Two Thousand Six Hundred Forty -two Dollars ($2,642.00). 6. That upon completion of the work specified in above Paragraph 4, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for such costs. 7. Santa Fe will at its expense maintain street paving between rails of the tracks and for two feet out- side thereof. 8. The City will at its expense maintain any street improvement within said crossing other than specified to be maintained by Santa Fe 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. BE IT FURTHER RESOLVED that the Finance Director be, and he is hereby authorized to pay to The Atchison, Topeka and Santa Fe Railway Company the actual total cost of the work specified in Paragraph 4 above, at the time and as provided in said agreement. THE FOREGOING RESOLUTION is approved and signed by me this 7th day of March, 1967. CI 5 t CI Y CLE OF E ITY OF AHEI %i -2- �„i�. f 1 /z MAYOR OF THE CITY OF EIM CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 67R -129 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 March, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 67R -129 on the 7th day of March, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of March, 1967. (SEAL) CI 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. 67R -129 duly passed and adopted by the Anaheim City Council on March 7, 1967. City Clerk