Loading...
1968-752RESOLUTION NO. 68R- 759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY PROVIDING FOR THE EXTENSION OF TUSTIN AVENUE ACROSS SAID RAILWAY COMPANY'S TRACK. WHEREAS, the City of Anaheim proposes to construct Tustin Avenue at grade across the right of way and track of The Atchison, Topeka and Santa Fe Railway Company, having a roadway width of 102 feet between curbs,. the centerline thereof crossing said track at Mile Post 0.8, Olive District Branch Line; and WHEREAS, said Railway Company is willing that the City extend said street across its right of way and track at grade as a public street crossing, as authorized by Decision No. 72891 of the 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 Tustin Avenue across the right of way and track 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 Atchison, Topeka and Santa Fe Railway Company has tendered to the City an agreement to be entered into between the parties providing for said street construction, the terms and conditions of which the City Council finds are satis- factory 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 construc- tion of Tustin Avenue across the right of way and track of The Atchison, Topeka and Santa Fe Railway, upon the following terms and conditions: "1. Santa Fe will, at expense of City (a) prepare its track to receive paving, including placing header planks for roadway width of 102 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, two (2) of which are to be located on median islands having minimum width of eight feet. 2. 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 construction, including adequate drainage facilities, and placing paving within track area, (b) relocate or protect by encasement or otherwise property or facilities of licensees of Santa Fe if said licensees require same. 3. Santa Fe will do the work specified in above Paragraph 1, as soon as practicable, considering completion of said street construction, availability of materials and manpower, and in consideration thereof City will pay to Santa Fe the actual cost thereof, presently estimated by Santa Fe to be Thirty Two Thousand Four Hundred Eighty Seven ($32,487.00) Dollars. 4. That upon completion of work to be done by Santa Fe, specified in Paragraph 1 hereof, Santa Fe will render City a bill for the actual costs thereof and City will promptly reimburse Santa Fe for such costs. be, and the same is hereby approved. 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. THE FOREGOING RESOLUTION is approved and signed by me this loth day of December, 1968. ATTEST: 5. After installation of railroad crossing protection signals and appurtenances under terms of this agreement, Santa Fe shall physically maintain same so long as they remain in place. The maintenance cost of said signals and appurtenances shall be borne by the City pursuant to the provisions of Section 1202.2 of the California Public Utilities Code. 6. Santa Fe will, at its sole expense, maintain the street paving between lines two feet outside of and parallel with the rails of the track. 7 7 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 6 hereof. 8. 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 manner of protecting Santa Fe's track and traffic moving thereon, as well as wires, 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 perform 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." CLE •F TH CITY OF ANAHEIM -2 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. 68R -752 was introduced and adopted at a regular meeting provided by law, of City Council of the City of Anaheim, held on the 10th day of December, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Clark AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -752 on the 10th day of December, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of December, 1968. (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. 68R -752 duly passed and adopted by the Anaheim City Council on December 10, 1968.