HomeMy WebLinkAboutResolution No. 07-C06719 •
RESOLUTION NO. 07-C67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CONSENTING TO THE ESTABLISHMENT OF FOOTHILL BOULEVARD UNDER
ATCHISON, TOPEKA, AND SANTA FE RAILROAD BRIDGE, WITHIN SAID CITY, AS
PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS'ANGELES
WHEREAS, the County of Los Angeles Board of Supervisors on April 10, 2007, duly
adopted a Resolution declaring Foothill Boulevard under Atchison, Topeka, and Santa Fe
(ATB.SF) Railroad Bridge, which is within the City of Azusa, to be a part of the County
System of Highways for the purpose of performing a seismic safety retrofit of the AT8.SF
Railroad Bridge over Foothill Boulevard at the aforementioned location, as provided in
Sections 1700-1702 inclusive of the Streets and. Highways Code of the State of
California; and
WHEREAS, said Board of Supervisors by said Resolution requested this Council to
give its consent to allow the County to perform seismic safety retrofit of the A TB.SF
Railroad Bridge (the Retrofit Work), within the City of Azusa; and
WHEREAS, it is the intent of the County of Los Angeles Board of Supervisors to
perform the Retrofit Work, provided the consent of the governing body of the City of
Azusa shall first be given under the terms herein.
NOW, THEREFORE, the City Council of the City of Azusa does resolve as follows:
SECTION 1. Consent to Inclusion in County Highway System - This City Council
does hereby consent to include Foothill Boulevard under AT&SF. Railroad Bridge as part of
the System of Highways of the County of Los Angeles as provided in Sections 1700-1702
inclusive of the Streets and Highways Code of the State of California, for the limited
purpose of performing a seismic safety retrofit of the bridge at this location.
SECTION 2. Indemnification - That the City of Azusa shall fully indemnify, defend,
and hold the County of Los Angeles harmless in connection with the City's responsibility
under Section 3. below, in relation to any and all claims, liability, injury (as defined by
Government Code Section 810.8) or damage relating to the ATBSF Railroad Bridge that is
not caused by County's Retrofit Work.
SECTION 3. Roadway Maintenance - The City of Azusa will remain the owner of
Foothill Boulevard and remain responsible for all roadway maintenance activities and for
any damage or liability occurring by reason of any roadway condition on the Foothill
Boulevard under ATBSF Railroad Bridge prior to the start of construction by the County or
following the completion and field acceptance of said construction. Following completion
of construction and County's field acceptance of the Retrofit Work, the City of Azusa
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accepts ownership and full responsibility for all roadway maintenance relating to the
Retrofit Work.
SECTION 4. Environmental Documentation - The City Council does hereby consent
to adopt and concurs with the environmental findings pursuant to the California
Environmental Quality Act that has been adopted by the County in connection with the
Retrofit Work.
SECTION 5. Warranty for Retrofit Work - The County hereby assigns all of its right,
title, and interest to the un -lapsed portion of a one-year warranty granted to the County
by the construction contractor performing the Retrofit Work following completion of
construction of the Retrofit Work and field acceptance of said construction by County.
The City agrees to accept said assignment as its sole remedy against the County in
connection with defects relating to said Retrofit Work.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 16`h day of July, 2007.
y
Jos ph R. Rocha, Mayor
[ HEREBY CERTIFY that the foregoing resolution no 07-C67, was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof, held on the 16`h day of
July, 2007, by the following vote of the Council:
AYES: COUNCILM.EMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILM.EMBERS: NONE
ABSENT: COUNCILM.EMBERS: NONE
saM''i
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