64-423Engineering (2)
Acctg. Off.
RESOLUTION NO. 64R- 42~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE EXE-
CUTION OF AN AGREEMENT WITH THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY WITH
REFERENCE TO THE WIDENING AND IMPROVEMENT OF
A PORTION OF KATELLAAVENUE.
WHEREAS, the City of Anaheim proposes a program of
widening and improvement to paved width of 94 feet between curbs
of that portion of Katella Avenue on each side of and including
the crossing of The Atchison, Topeka and Santa Fe Railroad
Company's tracks, designated by the Public Utilities Commission
of the State of California as Crossing No. 2-170.5; and
WHEREAS, The Atchison, Topeka and Santa Fe Railway
Company and the City are in accord as to said program and The
Atchison, Topeka and Santa Fe Railway Company is willing that
the City, or City's contractor, do all work under said program
except preparation of said Railway Company's tracks to receive
paving, including placing of header planks, replacing existing
crossing signals with four flashing light signals and four cros-
sing gates, circuits and appurtenances, and relocation of signal
and communication line to clear widened street area; and
WHEREAS, the City and said Railway Company desire to
enter into an agreement for the carrying out of said program
of widening and improvement of said portion of Katella Avenue;
and
WHEREAS, The Atchison, Topeka and Santa Fe Railway
Company has submitted to the City of Anaheim a form of agreement
to be made and entered into by the City and said Railway Company
for said proposed widening and improvement of said portion of
Katella Avenue, which agreement the City Council finds would
be for the benefit and 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 agreement, dated June 9, 1964,
tendered to the City of Anaheim by The Atchison, Topeka and
Santa Fe Railway Company, providing for the widening and improve-
ment of that portion of Katella Avenue on each side of and includ-
ing the crossing of the Atchison, Topeka and Santa Fe Railway
Company's tracks, designated by the Public Utilities Commission
as Crossing No. 2-170.5, upon the terms and conditions herein-
after set forth, be, and the same is hmreby approved. That said
terms and conditions are as follows:
City, or City's Contractor, shall do all work under
said program, including placing of pavement within
track area of said crossing and 14 foot wide median
strips each side of track, except that work herein-
after specified to be done by The Atchison, Topeka
and Santa Fe Railway Company.
City, or City's Contractor, shall comply with said
Company s rules and regulations and instruc-
Railway '
tions of said Railway Company s representatzves mn
relation to proper manner of protecting The Atchison,
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Topeka and Santa Fe Railway Company's tracks and
traffic moving thereon, as well as wires, signals and
other property of said Railway Company or its tenants
or licensees, at or in vicinity of the work during
the period of construction of said improvement, and
shall perform the work in a manner satisfactory to
said Railway Company or its designated represen-
tative, and at such times as shall not endanger or
interfere with safe and timely operation of its track
and other facilities.
The Atchison, Topeka and Santa Fe Railway Company
shall: (a) at its expense, prepare track to receive
paving within existing crossing width, and (b) at
equal expense of the City and said Railway Company,
install four flashing light signals and four crossing
gates, two at usual side of road location, and two
within aforesaid median strips, with circuits and
appurtenances, removing existing crossing signals,
and (c) at expense of the City, prepare track to
receive paving in widened areas of crossing and relocate
communication and signal lines to clear widened street.
Work specified to be done in above Paragraph 3 by said
Railway Company shall be done as soon as practicable,
considering completion of said program, availability
of materials and manpower, and in consideration thereof
the City shall pay to The Atchison, Topeka and Santa
Fe Railway Company one-half of the actual total cost
of work specified in above Paragraph 3, (b), presently
estimated by The Atchison, Topeka and Santa Fe Railway
Company to be Thirty Two Thousand Eight Hundred Eighteen
($32,818.00) Dollars, and the actual total cost of
work specified in Paragraph 3, (c), which total cost
is presently estimated by said Railway Company to be
Three Thousand Twelve ($3,012.00) Dollars, and upon
completion of such work, said Railway Company shall
render the City a bill for its portion of costs and
the City shall promptly reimburse said Railway Company
for such costs. The Atchison, Topeka and Santa Fe
Railway Company's contribution toward the total cost
of the work shall be applied first toward the replace-
ment and relocation involved.
The Atchison, Topeka and Santa Fe Railway Company
shall, at its expense, maintain street paving between
rails of track and for two feet outside thereof.
After installation of railroad crossing protection
signals and appurtenances under the terms of said
agreement, said Railway Company shall physically main-
tain the same, so long as they remain in place, and
bear the maintenance cost of said signals and ap-
purtenances, reserving unto the parties to said agreement
the right to seek apportionment of said maintenance
costs with the Public Utilities Commission of the State
of California.
The City shall, at its expense, maintain any street
improvement within said crossing other than specified
to be maintained by said Railway Company in above
Paragraph 5.
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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 9th day of June, 1964.
ATTEST: ~_ j
/' .: , ,, ~. -
CITY CLERK OF THE CITY OF ANAHEIM
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 was introduced
and adopted at a regular meeting provided by law of the City
Council of the City of Anaheim, held on the 9th day of June,
1964, by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
Pebley, Dutton, Schutte, Krein and
Chandler
None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 9th day of
June, 1964.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 9th day
of June, 1964.
(SEAL)
CITY CLERK O'F ~E CITY OF ANAHEIM
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