69R-597
HESOLUTION NO. 69R- _591__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF &~AHEIM APPROVING lli~D AUTHORIZING THE
EXECUTION OF fu~ AGREE}illNT BETWEEN THE CITY OF
ANAHEIM AND THE COUNTY OF ORMJGE, WITH REFER-
ENCE TO THE D"J.!'ROVEf.'lENT OF SUNKIST STREET
BETWEEN BALL ROAD AND HOWELL AVENUE, UNDER THE
ARTERIAL HIGfmAY FINANCING PROGPJV1, PROJECT
NO. 520.
WHEREAS, the City intends to improve Sunkist Street
between Ball Road and Howell Avenue, under the Arterial Highway
Financing Program, Project No. 520; and
t~rlEREAS, portions of said roadway lie entirely within
unincorporated areas of the County but are contiguous with said
proposed improvement of Sunkist Street; and
WHEREAS, the City and County consider it in the best
interests of economics and public safety to combine tlle construc-
tion of said County portion of pavement with the City's Arterial
Highway Financing Program Project No. 520; and
WHEREAS, the City has offered to design, contract and
inspect the construction of said County portions in conjunction
with its work under said Arterial Highway Financing Program
Project; and
vlliEREAS, the County is willing to act as the right of
way agent for both the City and County portions of said project;
and
wrIEREAS, the County of Orange has tendered to the City
a form of agreement to be made and entered into between the
parties providing for the construction of said improvement; and
WHEREAS, the City Council finds that the terms and
conditions of said agreement are fair and reasonable and tllat
said agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the agreement tendered to the City to
be made and entered into by and between the City of Anaheim and
the County of Orange, providing for the construction of the
City!s and County's portions of the roadway improvements on
Sunkist Street between Ball Road and Howell Avenue, in conjunction
with City is Arterial Highway Financing Program Project No. 520,
upon the following terms and conditions:
I. City shall:
A. Be designated as Project Engineer, Contracting
and Construction Agent for the parties to do
and perform all things necessary in order to
design and construct said County portions of
Sunkist Street between Ball Road and Howell
Avenue, and to execute and deliver all documents
required in connection with the construction and
comDletion of ~rl;t'1 "","",.....;aro+- ~_~,....:J~_~_ .....__L-'r".
C. Furnish the Road Commissioner with the necessary
right of way requirements for the entire project
including those portions within County territory.
II. COUNTY SHALL:
A. Review for approval by the Road Commissioner, the
plans and specifications as to design and construc-
tionfeatures affecting the construction, operation
and maintenance of the portion of the project
within County.
B. At all times during the progress of construction of
said portions on Sunkist Street between Ball Road
and Howell Avenue, have access to the work thereon
for the purpose of inspection thereof; and should
County deem any remedial measures to be necessary,
County shall notify City thereof.
C. Be designated as right of way agent for City to
acquire the necessary right of way for Sunkist
Street between Ball Road and Howell Avenue.
III. The estimated cost of said County portion of the project
is approximately $60,000.00 including engineering and
right of way acquisition costs.
IV . A .
Within thirty (30) days after the award of the
contract, County will, upon request, transfer to
City its share of the project construction funds
based on an adjustment according to actual bid
prices.
B. Within sixty (60) days after the acceptance of the
improvement under the contract by City, City shall
submit a Final Accounting Report which shall include
full, true and correct copies of documents, certifi-
cates and itemized bills including actual cost of
engineering applicable to said County portion to
County and County shall reiniliurse City upon thirty
(30) days upon submission of such costs.
V. County's share of the construction cost shall be deter-
mined on the basis of the amount of work done on said
portion of roadway improvements lying within the bounda-
ries of unincorporated territory, as these boundaries
exist at the time of advertising the project.
VI. It is mutually understood and agreed:
A. That neither County nor any officer or employee
thereof shall be responsible for any damage or
liability occurring by reason of anything done or
omitted to be done by City under or in connection
with any work, authority or jurisdiction delegated
to City under this agreement. It is also understood
and agreed that, pursuant to Government Code Section
B. That neither City nor any officer or employee
thereof shall be responsible for any damage or
liability occurring by reason of anything done
or omitted to be done by County under or in
connection with any work, authority or jurisdiction
not delegated to City under this agreement. It is
also understood and agreed, that, pursuant to
Government Code Section 895.4, County shall fully
indemnify and hold City harmless from any liability
imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done
or omitted to be done by County under or in connec-
tion with any work, authority or jurisdiction not
delegated to City under this agreement.
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 __21st_ day of ___Octo.!>~~._____., 1969.
^ . f),_~
THE~OF ANAHEIM
ATTEST:
,
~~-
.._.&I~ 7"'--c../ ___
OF THE CITY OF &~AHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
)
) ss.
)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 69R-597 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 21st day of October, 1969,
by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Krein
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R-597 on the 21st day of
October, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 21st day of October, 1969.
&~2::'T~IM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R-597 duly passed and adopted by the Anaheim City Council on Oct-
ober 21, 1969, ~_
~-)t.~
City Clerk