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1965-725SOLUTION JO. 65S- 725 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 THL WIDENING AND IMPROVE €NT OF A PORTION OF ORANGETHORPE AVENUE. WHEREAS, the City of Anaheim proposes a program of widening and improvement to paved width of 86 feet that portion of Orangethorpe Avenue 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. 2B -41.8; 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, relocation of signal communication line, relocation of existing flashing light signals, and instal- lation of two additional flashing light signals, supplemented by four automatic crossing gates., circuits and appurtenances; 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 Orangethorpe Avenue upon the terms and conditions and for the proportionate share of 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*.tthison, Topeka and Santa Fe Railway Company to be made and en xed into between the parties, and providing for the wideni d° improvement of said portion of Orange thorpe Avenue upon the following terms and conditions: 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 done 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 Santa 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 en- danger or interfere with safe and timely operation of Santa Fe's tracks and other facilities. -1- 3. Santa Fe will, at equal expense of Santa Fe and the City, prepare its tracks to receive paving, in- cluding placing of header planks to width of proposed improved crossing being average of 86 feet, and raise a signal communication line. 4. Santa Fe also will, at equal expense of Santa Fe and the City, relocate existing two flashing light signals, install two additional flashing light signals, cir- cuits and appurtenances and supplement all four flashing light signals with automatic crossing gates. 5. Work specified to be done in above Paragraphs 3 and 4 by Santa Fe shall be done as soon as practicable, considering completion of said program, availability of materials and manpower, and in consideration there- of the City will pay to Santa Fe, (a) one -half of the actual total cost of work specified in said Para- graph 3 presently estimated by Santa Fe to be Nine Thousand Three Hundred Twenty -two ($9,322.00) Dollars, and, (b) one -half of the actual total cost of work specified in said Paragraph 4, which total cost is presently estimated by Santa Fe to be Twenty -four Thousand Six Hundred Twenty ($24,620.00) Dollars. Santa Fe's contribution toward the total cost of the work shall be applied first toward the replacement and relocation involved. 6. That upon completion of the work specified in above Paragraphs 4 and 5, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for such costs. 7. Santa Fe will at its expense maintain street paving between rails of the tracks and for two feet outside thereof. S. After installation of railroad crossing protection signals and appurtenances under the terms of said agreement, Santa Fe shall physically maintain same so long as.they remain in place. The obligation to bear maintenance cost of said signals and appurte- nances shall be apportioned by agreement between the parties or as determined by final order of the Public Utilities Commission of the State of California. 9. The City will at its expense maintain any street im- provernent within said crossing other than specified to be maintained by Santa Fe in above Paragraph 7. be and the same is hereby approve BE IT FUR T1 ESOLVLD that the Mayor and City Clerk b.r for and they are hereby authorized to execute said agreement or and on behalf of the City of Anaheim. BE IT FURTHER RESOLVED :D that the Finance Director be, and he is hereby authorized to gay to The Atchison, Topeka and Santa Fe hallway Company the City's share of the costs of said program at the time and as provided in said agreement. -2- THE FOREGOING RESOUT:ION is approved and signed by me this _?$tom day of beptember 19 65 ATTEST: CITY CLERK OF THE C STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM WILLIAMS, City Clerk of the City of certify that the foregoing resolution was at a regular meeting of the City Council held on E e gth day of Sep�tember 19 65 by the following vote of the members thereof AYES: COUNCILMEN: Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton and Chandler I, DENE M. Anaheim, do hereby passed and adopted MAYOR OF THE CITY OF HEIM TY OF NAI E IM Ss. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lath day of September 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of September 19 65 (SEAL) CITY 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. 65R -725 duly passed and adopted by the Anaheim City Council on September 28, 1965. CITY CLERK