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1962-0875RESOLUTION NO. 62R-875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY WITH REFERENCE TO THE WIDENING AND IMPROVEMENT OF A PORTION OF ORANGETHORPE AVENUE. WHEREAS, the City of Anaheim proposes a program of widening and improvement to a width of 86 feet between curbs of a portion of Orangethorpe Avenue, which program includes widen- ing of the crossing of The Atchison, Topeka and Santa Fe Rail- way Company's track designated by Public Utilities Commission, State of California, as Crossing No. 2- 166.2; 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 track to receive paving, including placing of header planks, relocation of exist- ing two flashing light signals, installation of two additional flashing light signals, and four crossing gate arms; 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 Orangethorpe Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement, dated October 2, 1962, tendered to the City of Anaheim by The Atchison, Topeka and Santa Fe Railway Company, providing for the widening and improvement of a portion of Orangethorpe Avenue, which includes widening of the crossing of The Atchison, Topeka and Santa Fe Railway Company's track desi blic Utilities Commission as Crossing No 2- 166.2, up�a terms and conditions hereinafter set forth, be and the same is hereby approved. That said terms and conditions are as follows: 1. City or City's contractor will do all work under said program including placing pavement within track area of said crossing, and installing a 12" reinforced con- crete pipe under said Railway Company's track along north side of said avenue, except that work herein after specified to be done by said Railway Company. 2. City or City's contractor will comply with said Rail- way Company s rules and regulations and the instructions of said Railway Company's representatives in relation to proper manner of protecting The Atchison, Topeka and Santa Fe Railway Company's track and traffic moving thereon, as well as wires, signals and other property of said 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 manner satisfactory to said Railway Company or its representatives, and at such times as shall not endanger or interfere with the safe operation of said Company's track and other facilities. The City shall require 1 Eng R/W Attorn City's contractor who installs the 12 inch rein- forced concrete pipe under The Atchison, Topeka and Santa Fe Railway Company's track to enter, a letter agreement with The Atchison, Topeka Santa Fe Railway Company in the form of Exhibit "A" attached hereto and to provide the insurance policies and certificates specified in said Exhibit "A" before such contractor enters upon said Company's property for purpose of such installation. 3. The Atchison, Topeka and Santa Fe Railway Company will, at its expense, prepare its tracks to receive paving including placing header planks to accommo- date paved roadway width of 86 feet. 4. The Atchison, Topeka and Santa Fe Railway Company will at expense of City, (a) relocate existing crossing warning signals and, (b) install two flash- ing light signals without back lights supplemented with automatic crossing gates at usual side of road location and two flashing light signals without back lights supplemented with automatic crossing gates, one each on each side of the track within 12 foot minimum width raised median strips, which strips are to be placed by City as part of said program of lengths and locations from track agreed to by City and said Company. 5. Work specified in above Paragraphs 3 and 4 to be done by The Atchison, Topeka and Santa Fe Railway Company shall be done as soon as practicable, considering completion of said program, availability of material and manpower, and in consideration thereof City shall pay to said Company actual cost of work specified in Paragraph 4 hereof presently estimated by The Atchison, Topeka and Santa Fe Railway Company to be Twenty Two Thousand One Hundred Ninety Six ($22,196.00) Dollars. 6. That upon completion of the work specified in Para- graphs 4 and 5 hereof, The Atchison, Topeka and Santa Fe Railway Company will render City a bill for its portion of costs thereof and the City will promptly reimburse said Company for such costs. 7. The Atchison, Topeka and Santa Fe Railway Company shall maintain at its expense (a) said flashing light signals and crossing gates, and (b) street paving within the track area and for two feet outside thereof so long as required to do so. 8. City shall maintain at its expense any street improve- ment within said crossing other than specified to be maintained by said Railway Company in above Paragraph 7. 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 signed and approved by me this 2nd day of October, 1962. ATTEST: C Y 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 passed and adopted at a regular meeting of the City Council held on the 2nd day of October, 1962, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Dutton, Chandler, Schuttle, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 3 AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of October, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of October, 1962. YOR OF THE IT OF ANAHEIM CITY CLERK OF THE CITY OF ANAH IM