1965-829RESOLUTION NO. 65R- 829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE EXE-
CUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC
COMPANY PROVIDING FOR THE WIDENING AND IMPROVE-
MENT OF BALL ROAD CROSSING, NO. 6N- 23.40.
WHEREAS, Southern Pacific Company, hereinafter refer-
red to as Railroad, has tendered to the City of Anaheim an
agreement to be made and entered into between the parties, pro-
viding for the widening and improvement of the Southern Pacific
Company crossing at Ball Road, designated as Crossing No.
6N- 23.40, in the City of Anaheim, upon the terms and conditions
and for the proportionate share of costs therein set forth;
and
WHEREAS, the City Council finds that the terms and
conditions of said agreement are satisfactory and should be
approved.
NOW, THEREFORE BE IT RESOLVED by the City Council
of the City of Anaheim that the City enter into an agreement
with Southern Pacific Company providing for the widening and
improvement of the Southern Pacific Company crossing at Ball
Road, designated as Crossing No. 6N- 23.40, upon the following
terms and conditions:
1. Railroad shall at fifty per cent (50 cost to
City and fifty per cent (50 cost to Railroad furnish
all necessary labor, materials, tools and equipment to
install and shall install two California Public Utilities
Commission Standard No. 8 flashing light grade crossing
signals, augmented with automatic crossing gates, to be
located back of proposed curbs, together with actuating
and operating circuits and adequate instrument housing,
at said Ball Road crossing No. 6N- 23.40.
2. Railroad shall at sole cost and expense of
furnish all necessary labor, materials, tools and equip-
ment to perform and shall perform the work of
(a) installing two California Public Utilities
Commission Standard No. 8 flashing light signals
without backlights augmented by automatic crossing
gates, to be located within proposed medians, plus
actuating and operating circuitry and adequate
instrument housing.
(b) placing 87 feet of plank crossing and 330
square feet of paving.
Location of signals and appurtenances specified
in Sections 1 and 2 hereof shall be approximately as shown
on print of Railroad's Los Angeles Division drawing No.
AE 16083 -A revised September 23, 1964, attached and made
a part of said agreement.
3. Railroad at its own sole cost and expense shall
furnish all labor, materials, tools and equipment and per-
form the work of
-1-
(a) preparing 195 feet of existing track to
receive planking using 113 -1b. rail.
(b) placing 65 feet of plank crossing and 130
square feet of paving and removing 650 square feet of
existing paving in track area.
(c) removing two No. 1 crossing signs.
4. City shall reimburse Railroad promptly upon receipt
of bills therefor, for the cost of all work specified in
Section 2 hereof, and for fifty per cent (50%0 of the cost
of work specified in Section 1 hereof, upon receipt of
bills therefor. said billing shall conform to accounting
procedures prescribed by the Interstate Commerce Commission's
Unified System of Accounting for Railroad Companies.
5. Installation of and all materials for said signals
shall be in accordance with Railroad's usual standards and
substantially in compliance with the recommended standards
of the Association of American Railroads.
6. After installation of signals has been completed,
Railroad shall physically maintain them so long as they
may remain in place. The obligation to bear the cost of
maintenance of said signals, including the crossing gate
arms and appurtenances, shall be in accordance with
recently enacted California State Assembly Bill No. 346.
7. Installation of said signals with division of
costs as outlined herein shall be undertaken as soon as
labor and materials are available following execution of
said agreement and shall be completed within one year
thereafter.
8. Railroad shall grant to City by separate inden-
ture an easement for highway purposes reserving full
railroad rights across Railroad's operative property as
shown on said drawing AE 16083 -A.
9. City shall require its Contractor to enter into
an indemnification agreement with Railroad prior to entry
upon Railroad's premises and /or right of way.
Contractor will be required to furnish Railroad
with certified copies of insurance policy(s) evidencing
coverage limits of at least $200,000/500,000 bodily injury
and $100,000/200,000 property damage. Said policies shall
insure the contractual liability of Contractor in conjunc-
tion with said project.
Contractor will also be required to furnish a
cash deposit or surety bond to cover expenses Railroad
i
anticipates incurring in connection with this project.
City shall furnish Railroad written notice of
award of contract and name and address of Contractor to
whom awarded.
10. Said agreement shall be binding upon and inure
to the benefit of the successor and assigns of Railroad
and the assigns of City.
ATTEST:
i
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City
Anaheim, do hereby certify that the
passed and adopted at a
the City Council held on the
1965, by the following vote of
(SEAL)
CLERK OF THE CITY OF ANAHEIM
AYES:
NOES:
ABSENT:
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.
BE IT FURTHER RESOLVED that the Finance Director be,
and he is hereby authorized to pay to Southern Pacific Company
the City's share of the costs of said program as provided in
said agreement.
THE FOREGOING RESOLUTION is approved and signed by
me this 9th day of November 1965
OTHE CITY OF E
MAYO ?,M
Clerk of the City of
foregoing resolution was
regular meeting of
ad Y of November
members thereof:
COUNCILMEN: Dutton, Pebley, Schutte and Krein
COUNCILMEN: None
COUNCILMEN: Chandler
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 9th day of
November 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 9th day of
November 1965.
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 65R -829 duly passed and adopted by the Anaheim City Council on
November 9, 1965.
CITY CLERK