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93-190 RESOLUTION NO. 93R-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE UNIFORM TRANSIT FUNDING APPLICATIONS AND PROVIDING FOR OTHER ELIGIBILITY REQUIREMENTS FOR THE ATWOOD AND ANAHEIM CANYON COMMUTER RAIL STATIONS WHEREAS, the Southern California Regional Rail Authority has programmed commuter rail service between the cities of Riverside and Irvine to start by January, 1995, with two trains per day in each direction; and WHEREAS, the City of Anaheim desires to participate in the benefits of this new commuter rail service between the Counties of Riverside and Orange; and WHEREAS, two new commuter rail stations are planned to maximize service for north Orange County residents and Anaheim Canyon employers, respectively: the Atwood Station with clean fuel shuttle connections, and the Catellus site with clean fuel shuttle connections to major area employers; and WHEREAS, in fiscal year 1993-94 the Anaheim Redevelopment Agency has budgeted $985,000, and the Orange County Transportation Authority has programmed $1,900,000, for the new commuter rail stations, and Catellus, the landowner, has agreed in principle to dedicate easements for the rail station and bus shuttle operations; and WHEREAS, a total of $2,465,000 in station development costs still need to be funded; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Director of Public Works is hereby authorized and directed to execute Uniform Transit Funding Applications on behalf of the City of Anaheim including, but not limited to, an application for $2,465,000 in State funding for development of the Atwood and Anaheim Canyon Commuter Rail Stations. BE IT FURTHER RESOLVED that the City Council hereby finds and determines as follows: 1. That the city Attorney has provided a statement, which is designated Exhibit "A" and is attached hereto and incorporated by this reference herein, regarding the ability of the City of Anaheim to implement the project and the powers of the City to let contracts, to sue and be sued by another entity or person, and further municipal functions; 2. That the funds to be provided by the Orange County Transportation Authority and the Anaheim Redevelopment Agency, together with the dedication of easements by the owner of the site for the Anaheim Canyon station, if supplemented by $2,465,000 in State funding, will give the City the financial ability to implement the project; 3. That the Atwood and Anaheim Canyon commuter rail stations are public projects and will be available for use by the general public; 4. That the matching funds required for this project are available and committed to this project by the Orange County Transportation Authority and the Anaheim Redevelopment Agency, and that the committed funds have received necessary authorizations and the City has authority to expend the funds; 5. That if the project costs exceed the State funds available, the City shall use other funds to backfill the cost increases to complete the project; 6. That the City will comply with the California Transportation Commission's Hazardous Waste Identification and Clean-up Policy for Rail Right-of-Way, and that the City will fully investigate this project to determine the absence or presence of hazardous wastes and will take reasonable steps to assure full due diligence, clean-up of the site, as appropriate, and promises to indemnify the State of future clean-up liability or damages, as well as not to seek State funds for clean-up, damage or liability costs associated with hazardous wastes. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of September , 1993. MAYOR ~F THE CIT~ OF ~A~IM j 'CITY CLERK OF THE CITY OF ANAHEIM ;5686.1\EE6AN\September 10, 199;~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-190 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of September, 1993, by the following vo'te of the members thereof: AYES: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: I--eldhaus ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-190 on the 22rid day of September, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22rid day of September, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) l, LEONORA N. SOHL, city Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-190 was duly passed and adopted by tlhe CJty Council of the City of Anaheim on September 21, 1993. . '~;?-~-~-~,~ .~' L - CiTY CLERK OF THE CITY OF ANAHEIM ~ ' :~ 1 CITY OFANAIIEIM, CALIFORNIA i.~.~ 200 South Anaheim Boulevard, Suite 356 "~~ Anaheim, California 92805 Telcl)honc: Office of ? 14/254-5169 CITY ATTORNEY FAX: 714/254-5123 STATEMENT OF CITY ATTORNEY IN CONNECTION WITH UNIFORM TRANSIT APPLICATION FOR ANAHEIM CANYON/ATWOOD COMMUTER RAIL STATIONS I am the city Attorney of the city of Anaheim, and I make this statement in that capacity. The City of Anaheim is a municipal corporation operating pursuant to a charter originally adopted by the electors on June 2, 1964. It has the power to let contracts, to sue and to be sued by another entity or person, and to perform all other municipal functions. The City of Anaheim is making application for Transit Capital Improvement funding in connection with a project which will provide for final design, right-of-way acquisition, and construction of one destination station and one origin station along the Riverside-Orange County Commuter Rail line. If sufficient funding is provided from local and state sources, the City of Anaheim will have the financial and institutional ability to implement the project. .~W~ORNEY 3708.\EEGAN\September 1, 1993