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70R-259 RESOLUTION NO. 70R- 259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIN APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADNINISTRATION AGREEMENT TO BE MADE AND EN1ERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANMIEIM FOR THE IMPROVEMENT OF KELLOGG DRIVE BETWEEN ORANGE- THORPE AVENqE AND LA PALMA AVENUE AND AUTHORI~tNG THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. \~EREAS, the Board of Supervisors of the County of Orange by Resolution Of May 31, 1956, adopted the Master Plan of Arterial Highways to serve the entire County including the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, of the Streets and Hi~hways Code authorize a county if it so desires to expend funds apportioned to it out of the California Highway Users Tax Fund for aid to the cities in the improvement, construction, or repair of streets within a city; and w~EREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cOQperative financial program for the estab- lishment, construction and maintenance of a County Arterial Highway System known as the Arterial Highway Financing Program; and WHEREAS, the Board of Supervisors has, by appropriate action, provided in the budget of the Special Road Improvement Fund for the Fiscal Year 19 70-71 funds for the improvement of streets within the incorporated cities of the County, which streets are a part of the County's Master Plan of Arterial Highways; and WHEREAS, the Board of Supervisors on November 5, lq~R did by formal resolution adopt the formal procedure for the administration of the Arterial Highway Financing Program, which procedure is outlined in a document, on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and vlliEREAS, the City of Anaheim and the County of Orange have determined that Kelloqq Drive between Oranqethorpp 7!.vpnn", and La Palma Aven~ ' a street included in e Orange County Master Plan of Arterial Highways, is a street of general County interest and should be improved in accordance with the policies of the Arterial High- way Financing Program: and WHEREAS, the County of Orange has submitted to the City of Anaheim an Arterial Highway Financing Program Project Adminis- tration Agreement covering the improvement of Kellogg Driv", . between orangethor~e Avenue and T.;:J p;:J 1 mrl ~'U'ill!Jle to be made and entere. into by and between t e ounty and the City, which agreement the City Council finds would be for the best interest of the City and should be approved. -1- - -- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Arterial Highway Financing Program Project Administration Agreement, this day submitted to the City Council by the County of Orange, to be made and entered into by and between the City of Anaheim and the County of Orange for the improvement of Kell~99 Drive between Oranqethorpe Avenue ann La Palma Avenue the terms, covenants and conditions of which agreement are as hereinafter set forth, be and the same is hereby approved. That said terms.'-. c'ovemints and conditions are as follows: 1. The proceQures outlined in the Arterial Highway Financing Program Procedure Manual hereinabove referred to shall be made a part of said agreement. 2. The Contr~ting Authority for said improvement or project shall be the City of Anaheim. 3. The Project Engineer for the project shall be the City Engineer. 4. The Construction Engineer for the project shall be the City Engineer. 5. All soils engineering and material and construction testing neQessary for the project shall be performed by the Co~ty. This shall include preliminary soils investigat~ons, structure foundation investigations, recommendations for structural sections and compaction requiremen~s, and quality control of materials and construction. 6. The work shall be subject at all times to inspection by the authorized representatives of the City and the County. 7. Funds to be used for the project: (a) The estimated cost of the project covered by said agreement is: PESIGN ENGINEERING: $ 3,600 RIGHT OF WAY ACQUISITION: 44,400 CONSTRUCTION CONTRACT: 36,400 CONSTRUCTION ENGINEERING: 3,600 CONTINGENCIES: ------ TOTAL: $ 88,000 (b) On the basis of the above estimate, said project shall be financed as follows: COUNTY FUNDS: CITY FUNDS: $ 44,000 44,000 TOTAL: $ 88,000 (c) Final adjustments of project costs shall be made on the basis of the County 50 per cent, and the City 50 per cent on eligible items in the contract. -2- (d) Final adjustments of project storm drain costs will be made on the basis of matching funds up to a maximum of fifty percent (50%) of the total cost of eligible items; that is, County parti- cipation shall not exceed a maximum of twenty- five percent (25%) of the total cost of eligible storm drain construction. (e) It is the intent of the parties hereto to comply witP all applicable rules regarding the expendi- ture of State Gas Tax Funds. Eligibility of any storm drain item will be subject to final audit and determination by the State Controller's Office. Any future adjustment required by said Controller's Office shall be made by the City with City funds, including complete refund to the County of any County gas tax funds declared by Controller to have been expended on ineligible construction. (f) Any funds spent prior to March l, 1970, shall not be considered in the final accounting of said Project. 8. After co~letion of construction, the party having responsitility for maintenance of the project shall maintain the roadway structures and facilities in the safe and usable condition to which they have been improved or constructed under said project. 9. County..-wide Extension of Arterial System: To promote uniformity of County Arterial Hi~1way System with City Master Plan of Major Streets, both the City and ~~e County shall agree to continue tl1e promulgation of the A.H.F.P. as outlined in the aforementioned Procedure Manual. BE IT FU~THER RESOLVED that the Mayor and the City Clerk be, and they are h$reby authorized to execute said agreement for and on behalf of the City of ~illaheim. THE FOREGOING RESOLUTION is approved and signed by me this 26th day of May, 1970. "-- ATTEST: ~~~~a~~~-ANAHEI}j -~ --3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) --.. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that ~e foregoing Resolution No. 70R-259 was intro- duced and adopted at ~ regular meeting provided by law, of the City Council of the City Qf Anaheim, held on the 26th day of May, 1970, by the following vote of the members thereof: AYES: CO~ILMEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COUNCILMEN: None ABSENT: CO~ILMEN: None AND I FURT~ CERTIFY that the Mayor of the City of Anaheim approved and signed s~id Resolution No. 70R-259 on the 26th day of May, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of May, 1970. ~ )r. ~L~ - ITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing is the original of Resolution No. 70R-259 duly passed ahd adopted by the Anaheim City Council on May 26, 1970. ~ r X.~.t.~~ City Clerk -,