HomeMy WebLinkAbout1977-04-19; City Council; Resolution 50551
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RESOLUTION NO. 5055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE A UTILITIES AGREE-YCZNT FOR THE RELOCATION
OF WATER FACILITIES IN ELM AVENUE.
The City Council of the City of Carlsbad does hereby
resolve as follows:
1. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute, on behalf of the City of
Carlsbad, that certain Utilities Agreement with the State of
California, Department of Transportation, for the relocation of
water facilities in Elm Avenue, a copy of which is attached
hereto and by this reference incorporated herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad., California, held April 19,
1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST :
(SEAL)
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Date ........................................................
FIRST PAiil.Y: St:ite of Ca!ifomia, acting by and through its Dcpart,nc-nt of Trmqortation, hereillafter
c2 ! 1 e d S 'IATE .
SECOND PAIR I- 1 Y: . CITY OF CAXLSBAD __ __
............................................. I
hereinafter caI!ed OVGNER.
Rc:ocatio:i is requked of certain utility facilities of OWNER, cost of which is to b? borne by STATE because:
the existing facilities are lawfully maintained in their present
location and q-ealify for relocation at STATE expense under the
pr~visions of Section 703 of the Streets and Highways Code.
1. WO2K TO BE DONE:
Install, remove and/or rearrange water facilities to accommodate
freeway construction on Road 11-SD-5 drainage improvement at
Elm Avenue in Carfsbad as follows:
1. Lower 6" water rrain in Elm Avenue west of Harding St.
2. Lower 6" water main at the intersection of Elm Avenue
and Harding Street.
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3. -Lswer 8" vater main in Elm Avenue near Route 5 southbound
rzmps.
All work shall be performed substantially in accordance wirh
OWXER'S estimate dated 12/14/76, a copy of which is on file in
the District Office of the Department of Transportation,
2829 Juan Street, San Diego, California.
.
11, PAYIZNT:
The STATE shall pay its share of the actual ccst of said relocation withln 90 days after receipt of an itemized bill in quintuplicate, signed by a
responslble official of OWIJER'S orgmization, corrIpiled on the basis of
the actual cost and expense.
actual costs Incurred 2nd charged or allocated to the project in accordanc with recognized accounting principles.
The OIWER shall maintain records of the
Det2iled records from which the billing is ccinpiled shall be retained
by the O\,!I;ER for a period of four years from the date of the final bill
anci will be available for verification by STATE 2nd Federal zuditors.
I
.
Right of \:'FIY E.A. 039712 - $6,710.00
OIj'NI3R kgees to perform and STATE agrees to pay for the abo-,re-dcscriSed \i-ork in acwrdance \vi&
IN IS'ITKESS WHEREOF, the parties have executed this agreement the day 2nd year first above written.
Deiuty District Cirector, Xight of Way
'4E~I.novED: STATE OF CALIFORMA
By ~ District Director of Transportatio