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69R-233RESOLUTION NO. 69R- 233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM FOR THE IMPROVEMENT OF BROOKHURST STREET, BETWEEN CRESCENT AVENUE AND LINCOLN AVENUE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, 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 Highways 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 WHEREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cooperative 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 69 -70 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, 1958 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 WHEREAS, the City of Anaheim and the County of Orange have determined that Brookhurst Street, between Crescent Aveniw and Lincoln Avenue, a street included in the 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 Brookhurst Street, between Crescent Avenue and Lincoln Avenue. to be made and entered into by and between the County and the City, which agreement the City Council finds would be for the best interest of the City and should be approved. 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 Brookhurst Street, between Crescent Avenue and Lincoln Avenue. the terms, covenants and conditions of which agreement are as hereinafter set forth, be and the same is hereby approved. That said terms, covenants and conditions are as follows: 1. The procedures outlined in the Arterial Highway Financing Program Procedure Manual hereinabove referred to shall be made a part of said agreement. 2. The Contracting 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 necessary for the project shall be performed by the County. This shall include preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, 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: DESIGN ENGINEERING: 1,400.00 RIGHT OF WAY ACQUISITION: 5,000.00 CONSTRUCTION CONTRACT: 9,000.00 CONSTRUCTION ENGINEERING: 1,400.00 CONTINGENCIES: TOTAL: $16,800.00 (b) On the basis of the above estimate, said project shall be financed as follows: COUNTY FUNDS: CITY FUNDS: TOTAL: (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. 8,400.00 8,400.00 $16,800.00 (e) It, is the intent of the City and County to comply with all applicable rules regarding the expenditure 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 Con- troller'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 the Controller to have been expended on ineligible construction. (f) Any funds spent prior to March 1, 1969, shall not be considered in the final accounting of said Project. 8. After completion of construction, the party having responsibility 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 Highway System with City Master Plan of Major Streets, both the City and the County shall agree to continue the promulgation of the A.H.F.P. as outlined in the aforementioned Procedure Manual. BE IT FURTHER RESOLVED that the Mayor and the 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 22nd day of April, 1969. ATTEST: (d) Final adjustments of project storm drain costs will be made on the basis of matching funds up to a maximum of fifty per. cent (50%) of the total cost of eligible items; that is, County participation shall not exceed a maximum of twenty -five per cent (25 of the total cost of eligible storm drain construction. CLE F THE ‘ITJ. ‘IT OF AANAHE TM MAYOR OF :i IT AN i IM 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. 69R -233 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 22nd day of April, 1969, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -233 on the 22nd day of April, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of April, 1969. (SEAL) AYES :;:COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley 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. 69R -233 duly passed and adopted by the Anaheim City Council on April 22, 1969. City Clerk