HomeMy WebLinkAboutCC Reso No 1948-493
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RESOtUTION NO.' 49.3
RESOLUTION OF THE 01 T!COUNCIL OF Elsinore
APPROVING MEMORANDUM OF AGREEMENT PROVIDING FOR
MAINTENANCE OF CERTAIN STATE HIGHWAY ROUTES IN
THE CITY OF
Elsinore
BY THE STATE.
WHEREAS, the State of Ce,liforania, thraough its
Deparatment of PubJic Works, Division of Highways, has present-
ed a memorandum of agreement providing for maint enance of
certain State highway routes in the City of
Elsinore
by
the State for the period from January 1, 1948 to Jtme 30, 1948,
and setting forth certain particular maintenance functions to
be performed by the Ci ty; and Department or Public Works.
WHEREAS, the City Council has read said agreement
in full and is familiar with the contents thereof;
THEREFORE, be it resolved by the City Council of the
City of
Elsinore
that said agreement for maintenance of
certain State highways be and the same is hereby approved and
the Mayor and tbe City Clerk are 'directed to sign the same on
behalf of said City.
Adopted this 9th day of Ftbruary , 1948 .
~'~~in.r.
Attest:
C~~~~.i~r.
1 .
A.GRE~:ENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY
OF _
THIS AGtlEEMEHT, made and executed in duplicate this day
of
.,:-.:t
, 194_" #by ana between the Depal'tment of Public Works of
the State of California, acting by and through the DiviSion of Highways,
hereihafter oalled the "Departm.ent" and the City of t&1a'.... i
hereihaft~rl referred to as "bitt",
WIT ~ E SSE T H:
RECITALS t
Ii The parties desire to provide for the maintenance of
certaih pot'tion.!:l or certain state highway rou,t~s in the city by the
City a.t!! provided .in Section 130 of the streets and Highways Code, and
to arrange herein for the particular maintenance functions to be per..
formed by the City and those to be performed by the Department and to
specify the terms and conditions under which such work will be per-
formed.
AGREElv1ENT:
In consideration of the mutual covenants and promises herein
and the right of way lines.
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2. The degree or extent of maintenance work and the
standards therefor shall be as prescribed from time to time by the
District Engineer. If District EngineerlT as used herein means the
appropriate district engineer of the Division of Highways or his
authorized representative.
3. The Depc9.rtment 1dll reimburse City for, the actual
cost of a1l maintena.nce work performed by City, but 1 t 1s agree d that
the expenditure per mile shall not exceed that shown for each of the
following routes during. the six months period ending June 30, 1948,
unless and until the 8greement is mOdified by mutua' consent or an
expenditure in excess of said amounts on any said route is expresslY
I
authorized in writing by the ~tate Highway Engineer or the Deputy
State Highway Enginee~l
ROUTE NO.
W
.
EXpe~<iiiture per mile for me.intentmce of
INTERSEC~ION
rIGHTING
'.H
"'.10
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...
TRAFFIC
SIGNALS
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..
OTHER
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CURBS
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4. Maintenance work to be performed by the City shall
consist of inspecting and reps.ir of sidewalks and other fa.cili ties
in the area bet1"reen the curb n.nes and the right of way boundaries,
the regUlation of parking, and the issuance of encroachment and
transportation permits.
The maintenance work to be performed by the City will in-
Clude such sidewalk inspection and action t01"rards repair of the
sidewalks as ie necessary to keep them in reasonablY safe oondition.
The City agrees to follow the same POlicy and prooedure generallY
fOllowed by it in respect to streets of the city in the matter of
requiring sidewalk repairs to be made by or at the expense of
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the orig1nal 1nstallationof any utility line or other major en-
croachment in the highway right of way. Permits shall be issued
on a form approved by the Department and the City will furnish a
copy of eaoh permit to the Department. The City agrees to follow
suoh genera' State pOlicies regarding enoroaohments as may be
specified by the District Engineer.
6. No sign or marquee shall be permitted to be installed
within or proJect over the roadway portion or beyond the establish-
edcurb lines and no sign of any kind except warning signs at rail-
road crossings shall be permitted to be suspended over the roadway.
Marquees or signs extending over the sidewalk area shall be de-
tachable and not a.n integral part of th$ build.ing. An existing sign
or marquee suspended or projecting over the state highway may be
permitted to remain in place until in need of repairs or replace-
ment or until it constitutes a hazard, at which time it shall be
removed. The Department shall pay for the cost of inspection of
signs and enoroachments sa a part of the maintenance work; provided,
that the City shall comply with its usual policy in respect to
oollecting costs from permittees in such cases as fees or charges are
made by the City for similar work on oity streets. Any amount so
COllected by the City in respect teany State highway shall be
credited against the charges made by the City for such work.
7. If the City by ordinance or other regulation imposes
more re~trlctive regul~tions and requirements regarding signs and
marquees than above set forth, nothing in this agreement shall be
oon$trued to prevent the City from fOllowing such more restrictive
regulations in the granting or refusing of permits in respect to any
State highwa.y.
8. Payment for the work done will be made monthlY by
9. The Department hereby delegates to the City full
authority to rogu1ate parking on the State highway routes described
in Paragraph 1 of this agreement, portions of the maintenance of Which
have been delegated to the. City, all as provided in Section 589.5 of
the Vehicle Code; providing, however, that angle parking shall not be
permitted on any state highwa.y without the specific approval of the
Department in writing, as reClu:l.red by Section 588 of the Vehicle Codei
It is not intended t~at the Department shall reimburse the
City for painting of parkirtg lines or for curb painting required for
the r$gulation of parking or for the pUrchase or installation of
parking regulatory signs such as the signs designated on the 1947 sign
cHart of the Division of Highways as Code RB, RBS and R26 to R34,
inclUSive. The City shall have the right, however, and is hereby
expressly authorized, to retain as compensation for the re~ulation
of parking on such State highway routef3 all revenues derived from
parking meters therebrt, and the Departmeht waives any claim to arty
such revenues.
Other warning or regulatory signs not related to the
limitation or regulation of parking may be installed and replaced as
maintenance and the Department will pay for the cost thereof A Such
siglfs may, at the option of the City, be purchased from the Department.
10. The cost of maintaining and operating traffic signnls
at ordinary intersections of any of such State highway route and any
city street, that is to say the usual four entrance intersection, with
four usual traffic control signals, will be shared between the
Department and the City on an equal basis. In other situations, such
as an intersection with five entrances, Or with additional signals
governing traffic on one street or highway, the Department will pay
for such operation and maintenance of signals in the ratio which the
number of traffic signals governing state highway traffic at such
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11. It is understood that street sweeping to be performed
by the Department shall be limited to the removal of dirt normally
coming onto the highway from the action of traffic or from natural
causes and that the Department does not intend to furnish services
for, or pay for, the picking up or disposal of rubbish or debris from
abutting property. It is also understood tha.t the Department will not
pay, as a part of maintenahce, for the installation, repair, servicing
or power for electroliers on streets ordinarily lighted, but will pay
for such lighting as is nece'ssary for the protection of traffic, and
as specially ordered by the District Engineer, and that landscaping Or
other ornamental work on tHe highway right bf way will be paid for
only in special cases where s.pedifically ordered by th~ District
Enginee!'. !f any of the ser\7ides mentiofied in this pa:t>agraph are
performed by the City, other than under a special order ff-om the
,
District Engineer, it is understood that no charge shall be made there-
for against the state under this contract.
12. Nothing in this agreement is intended to increase the
legal liability of either party to the contract by imposing any
standard of care respecting the maintenance of the state highway
different from the standard of care required by law.
13. This agreement shall become effective January 1, 1948,
and shall remain in full force and effect until terminated or amended.
This agreement may be terminated at any time upon the mutual consent
of the parties hereto or upon thirty days notice by either hereof to
the other.
IN WITNESS WHEREOF, the parties hereto ha.ve set their halilds
and seals the day and year first
above written.
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CITY OF. .. ~. .~
By ~d~
a.a or. .
'l~~~.
GityG'erk .
Approval recommended:
District Engineer
MaintenancaEngineer