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1965-133RESOLUTION NO. 65R -133 -1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXE- CUTION OF AN AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT WITH REFERENCE TO THE CON- STRUCTION OF A PORTION OF THE SOUTHEAST ANAHEIM CHANNEL, FACILITY NO. E12. WHEREAS, the East Garden Grove Wintersburg Channel is Project No. C5 of the Orange County Flood Control District's Engineers Report dated March 1955 adopted by the Board of Super- visors on February 8, 1956 and approved by the district's elec- tors on June 5, 1956; and WHEREAS, by resolution adopted January 20, 1959 the Board of Supervisors resolved and ordered that that portion of the East Garden Grove Wintersburg Channel from Cerritos Avenue to the Santa Ana Freeway be realigned to discharge into the Santa Ana River Channel; and WHEREAS, pursuant to the requirements of Section 15 of the Orange County Flood Control Act, said District's Board of Supervisors by Resolution No. F65 -8 adopted February 2, 1965 has authorized and ordered a further deviation from said En- gineers Report consisting of relocation of the proposed right of way and, at locations of right of way dedication, the con- struction of an underground reinforced concrete box culvert from the Santa Ana River Channel through Katella Avenue in lieu of the Engineer's Report open channel. The general loca- tion of Orange County Flood Control District's proposed improve- ment, hereinafter referred to as the Southeast Anaheim Channel, Facility No. E12, is shown on Exhibit A attached to and made a part of a certain agreement numbered BA65E12 -164 this day sub- mitted to the City Council to be made and entered into between the City of Anaheim and Orange County Flood Control District; and WHEREAS, the City now desires to cooperate with said district in the construction of that portion of the Southeast Anaheim Channel across Parcel No. 109 as shown on said Exhibit A hereinbefore mentioned; and WHEREAS, Orange County Flood Control District has tendered to the City Agreement No. BA65E12 -164, hereinbefore mentioned, to be made and entered into between the City and said District, providing for the construction of that portion of said Southeast Anaheim Channel across Parcel No. 109 as shown on said Exhibit A, upon the terms and conditions set forth therein; and WHEREAS, the City Council finds that said agreement 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, numbered BA65E12 -164, this day submitted to the City by Orange County Flood Control District to be made and entered into by and between the City of Anaheim and said District, providing for the construction of that portion of the Southeast Anaheim Channel across Parcel No. 109 as shown on Exhibit A attached to said agreement, upon the following terms and conditions: 1. District shall prepare plans and specifications for the construction of the Southeast Anaheim Channel from the Santa Ana River Channel to Katella Avenue. Thru Parcel No. 109 as shown on said Exhibit A the construction shall be an 11' x 9' reinforced concrete culvert designed for an H2O -S16 highway loading as shown on Exhibit B, also attached to said Agreement No. BA65E12 -164. 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 23rd day of February, 1965. AT ST: 2. City shall convey to District an easement for Flood control purposes for Parcel No. 109 as shown on said Exhibit A. Such easement shall be conveyed by instru- ment in the form as shown on Exhibit C, also attached to said Agreement No. BA 65E12 -164. 3. To facilitate construction of the box culvert required by said agreement, the owner shall grant disposal sites, construction area egress and ingress and use of areas in accordance with said Exhibit B. 4. Upon receipt of approval of the plans and specifica- tions for the Southeast Anaheim Channel by the City and by such agencies as may be required by the pro- visions of the Orange County Flood Control Act, said District shall advertise for bids, receive and consider same and if an acceptable bid is obtained shall award a contract for construction, all in accordance with applicable provisions of the law. 5. If for any reason said Orange County Flood Control District does not award a contract for construction by April 30, 1965, said agreement shall become null and void. 6. Said District shall, as a part of its construction con- tract, require the contractor to complete within 270 calendar days of contract award all construction within Parcel No. 109, and that upon said completion the con- tractor shall have no further right to pass over or along said parcel or the contiguous construction area. -2- CI Y CLERK OF THE CITY OF ANAHEIM MA 0 OF THE CIT OF A EIM PRO TEM '(SEAL) 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 No. 65R -133 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 23rd day February, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 65R -133 on the 23rd day of February, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of February, 1965. CITY CLERK OF THE CITY OF ANAHEIM