1965-267RESOLUTION NO. 65R -267
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 PROVIDING
FOR THE CONSTRUCTION OF LA PALMA AVENUE ACROSS
THE TRACK OF SAID RAILWAY COMPANY.
WHEREAS, the City proposes to construct La Palma Avenue
at grade across the right of way and tracks of The Atchison,
Topeka and Santa Fe Railway Company, having roadway width of 80
feet, the center line thereof crossing said track at approxi-
mately Mile Post 167 1; and
WHEREAS, The Atchison, Topeka and Santa Fe Railway
Company is willing that the City extend said avenue across its
right of way and track at grade as a public street crossing, as
authorized by Decision No. 67574 of the Public Utilities Commis-
sion, State of California; and
WHEREAS, the City and said Railway Company desire to
enter into an agreement for the construction of said avenue
across the track of said Railway Company; and
WHEREAS, The Atchison, Topeka and Santa Fe Railway
Company has tendered to the City an agreement to be made and
entered into between the City and said Railway Company provid-
ing for the construction of La Palma Avenue across said railroad
track upon the terms and conditions therein set forth, 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 tendered to the City of
Anaheim by The Atchison, Topeka and Santa Fe Railway Company
providing for the construction of La Palma Avenue at grade
across the right of way and track of The Atchison, Topeka and
Santa Fe Railway Company, upon the following terms and con-
ditions:
1. The Atchison, Topeka and Santa Fe Railway Company
will, at expense of City (a) prepare its track to
receive paving, including placing header planks,
and paving within track area for roadway width
of 80 feet; raise or relocate its communication
and signal lines and poles to proper side and over-
head clearance of the proposed roadway; and,
(b) install four flashing light signals supple-
mented with automatic gates, necessary
appurtenances and circuits.
2. The City will, at its expense, (a) do all work
except that specified to be done by said Railway
Company in above Paragraph 1, necessary to said
avenue extension, including adequate drainage
facilities, and (b) relocate or protect by encase-
ment or otherwise property or facilities of
licensees of Santa Fe if said licensees require
same.
-1-
3. The City or City's contractor will comply with said
Railway Company s rules and regulations and the
instructions of said Railway Company's representa-
tives in relation to proper manner of protecting
its track and traffic moving thereon, as well as
wires, signals and other facilities or property
of said Railway Company, or its tenants or licensees,
at or in vicinity of the work during the period of
construction of said avenue extension, and shall
perform the work in a manner satisfactory to said
Railway Company or its designated representative,
and at such times as shall not endanger or in-
terfere with safe and timely operation of its
track and other facilities.
4. The Atchison, Topeka and Santa Fe Railway Company
will do the work specified in above Paragraph 1,
as soon as practicable, considering completion of
said avenue extension, availability of materials
and manpower, and in consideration thereof City
will pay to said Railway Company the actual cost
thereof, presently estimated by said Railway Company
to be Thirty Two Thousand Six Hundred Seventy Three
($32,673.00) Dollars.
5. That upon completion of work to be done by said
Railway Company, specified in Paragraph 1 hereof,
it will render City a bill for the actual costs
and City will promptly reimburse said Railway
Company for such costs.
6. After installation of railroad crossing protection
signals and appurtenances under terms of said
agreement, said Railway Company shall physically
maintain same so long as they remain in place, and
bear the maintenance cost of said signals and
appurtenances reserving unto the parties to said
agreement the right to seek apportionment of said
maintenance costs with the Public Utilities Commis-
sion of the State of California.
7. Said Railway Company will, at its sole expense,
maintain the roadway paving between lines two feet
outside of and parallel with the rails of the track.
8 City will maintain, at its sole expense, any improve-
ment within said avenue extension and public crossing
other than specified to be maintained by said Railroad
in Paragraph 7 hereof.
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.
-2-
ATTEST
(SEAL)
THE FOREGOING RESOLUTION is approved and signed by
me this 6th day of April 19 65
C CLERK OF THt CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
An= .heim, do hereby certify th:t the foregoing resolution was
passed :end ..dopted at
regular meeting of
the City Council held on the tiip� day of April
1965 by the following vote of the members thereof:
AYES o COUNCILMEN o Pebley, Dutton, Schutte and Krein
NOES a COUNCILMENg None
ASENTg COUNCILNo Chandler
Pro Tem
AND I FURTHER CERTIFY th.;t the Mayor of the City of
An heim and signed s id resolution on the 6th day
of April 1965
IN WIT. ESS WHEREOF, 1 h.: ve hereunto set my hand and
affixed the se =.1 of the City of An:lheim this 6th day of
April 19 65
CLE
OF THE CITY OF ANAHEIM