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Home My WebLink AboutRES NO 27-54CITY OF N NO. ~7-~"/~ REBOLUTION OF THE CITY COUNCIL OF THE ADOPTING BUDGET AND APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. WHEREA~, a memorandum of agreement has been presented to be entered into with the State of California in accord- ance with a project statement submitted by the City of for expenditure of the gas tax al- location to cities for the fiscal year.'~ '~"~ , and WHEREAS, the city council has heard read said agree- ment in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of ~z that said project statement be and it is hereby adopted as the budget of proposed ex- penditures of the gas tax allocation to cities, and said agreement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said City, said agreement to be binding upon the City upon its execution by the authorized officials of the State. ADOPTED this ~'~ day of Mayor of the C3~y Attest: ity~~~ Ci lerk of the City of I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of "'~ !~ at a regular meeting thereof held of the City of , ,~"j~Li MC-10 ~Bakersfield, California~ June 14, 1954 - 2 279 Acceptance of bid of Frank Johnson for construction of rest room buildings at Wayside l~ark and Beale Park. Upon a motion by Collins, seconded by Vest, bid of 'Frank Johnson for the construction of Rest Room Buildings at Wayside Park and Beale Park for a total cost of $14,899.50 was accepted, all other bids were rejected, and the Mayor was authorized to sign the contract covering the work. Reception of communication from Recreation Department advising that position of Male Supervisor is occupied by Emergency Appointee. Upon a motion by Sullivan, seconded by Saunders, communication from Recreation Department advising that position of Male Supervisor is occupied by Emergency Appointee, was received and ordered placed on file. Reception of communication from Bakersfield Men's Painters Club endorsing the remodeling of the Christian Church building. Upon a motion by Eveleth, seconded by Croes, communication ~rom Bakersfield Men's Painters Club endorsing the remodeling of the Christian Church building, was received and ordered placed on file. Copy of communication from Melvin W. Magnus, attorney, relative to construction of dwellings at 3017 Bank Street, referred to the City Attorney for investigation. Upon a motion by Sullivan, seconded by Saunders, copy of communication addressed to Mr. Louis Deadrich, attorney, from Mr. Melvin W. M~gnus, attorney, relative to construction of dwellings at 3017 Bank Street, was referred to the.City Attorney for investigation. ~doption of Resolution No. 27-54 adopting .budget and approvlng Memorandum of Agreement for expenditure of Gas Tax allocation for .Major City Streets. Upon a motion hy Sullivan, seconded by Collins, Resolution No. 27-54 adopting budget and approving Memorandum of Agreement with the State of California, for the expenditure of Gas Tax Allocation for Major City Streets, and authorizing the Mayor to sign same on behalf of the City, was adopted as read by the following vote: Ayes: Carnakis, Collins, Croes, Eveleth, Saunders, Sullivan, Vest Noes: None Absent: None ~955 MEMORANDUM OF f, GREEf lEY~T FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJO~i CITY STiIEETS PROJECT AGREEMENT - i.~j ~i~ FISCAL YEAR MEMORANDUM OF AGREEMENT entered into by and between the ~'.I ~i~ ~ .... fi!~.~! , hereinafter referred to as the city, and the Department of Public Works of the State of California, hereinafter referred to as the department, WITNESSETH, THAT, WHEEAS, in accordance with the provisions of Section 194 and Section 2107 of the Streets and Highways Code, a sum equal to five-eighths of one cent per gallon tax under the Motor Vehicle Fuel License Tax Law shall be transferred. to the State Highway Fund for ex- penditure in cities in the proportion that the total popu- lation of each city bears to the total population of all cities in this State; and WHEREAS, Section 195 of the Streets and Highways Code provides that two-flfth~ of the money allocated under the provisions of Section 19~ shall be expended for the main- tenance of the system of major city streets and of the sec- ondary city streets within such city; provided that, with the approval of the department, a portion of such money so allocated for maintenance may be expended for construction of streets included within the system of major city street~ within such city; and WHEREAS, in accordance with the requirements of Sec- tion 196 of the Streets and Highways Code, the city has set up by Ordinance No. ~.~ ~ a Special Gas Tax Street Improvement Fund i~n~w~c~ shall be deposited all amounts allocated pursuant to Section 194 and received by the city; NOW, THEEFOE, in consideration of the premises and of the,several promises to be faithfully performed by each as hereinafter set forth, the city and the departmen~ do hereby mutually agree as follows: -1- tr 0 0 0 ARTICLE II, SURVEYS AND PLANS cost f~om city The' dsp~'tmen.t' ~,~!ll p.e~fo~ the !rig fo~ the ~.~o~'k desi~n~:~.ted 'in proje~t 57 ARTICLE iV, CONSTRUCTION The city will construct or cause to be constructed by or under its direct supervision, and in accordance with the approved plans, specifications and estimates therefor, the improvements described in project Plans, specifications and a detailed estimate of cost shall be submitted to the department for approval before the.work is advertised for bids or in case of work approv- ed to be done by day labor before work is started; and no changes may be made in the approved plans or specifications without the prior approval of the department, The construction work described in Article I shall be performed by contract unless the performance thereof by day labor shall be approved by the department, The'work shall be done to the satisfaction of the de- partment and shall be subject at all times to inspection and approval by the authorized representatives of the de- partment. ~ny city-owned equipment used for the construction work described in Article I may be charged for upon a ren- tal basis to cover depreciation and repairs in case rental rates already have been established by the city; o~herwise, allowance for depreciation and repairs may be charged for as approved by the department. POOR ORIGINAL POOR ORIGINAL The amount provided for the project 'listed in Arti- cle I must not be exceeded, and no moneys may be expended by the city from the spscial gas tax street improvement fund except for the project listed in Article I without amending the budget by supplemental agreement. Such sup- piemental agreement shall be valid only when executed by the city and.the department. All funds allocated under the'provisions of Section 2107 of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumulate for future budgeting and'expenditure. ARTICLE VI, FINAL REPORTS The city will submit such reports as required by law in such detail as required by the department. The reports shall .show in full all expenditures from all other funds as well as expenditures from the special gas tax street improvement fund. Within sixty days after the close of the fiscal year ending June 30, 19 ~ the city shall submit to the depart- ment a statement of expenditures made from the 'special gas tax street improvement fund during the preceding year for the maintenance of the streets described in Article I. Maintenance 'expenditures shall. be analyzed bY func- tions and objects as follows: Functions: (1) Travelled way, including roadside and improved shoulders. (2) Structures. (3) Safety devices, including stop signs, automatic signals, traffic stripes and parking stripes. (4) Street cleaning, including the removal of snow or sand drift. Objects: (1) Operating expense. (3) Salaries and wages. (4) Equipment. Within sixty days aft~er completion of any item of the budget for surveys and plans, acquisition of right of way or construction, the city will submit to the depart- ment a final report of expenditures made for such work. The.reports shall be in the following form: RIGHT OF WAY: Expenditures shall be segregated by parcels and payment for each parcel analXzed as follows: (1) Value of land taken. (2) Severance damages less benefits. (3) Moving improvements. (4) Damages by change of grade, etc. Where removing, restoring or altering improvements is not included in the payment' for the.land, the expendi- tures for such items shall be reported for each parcel or ownership. The report shall also show expenditures for salary of right of way agent and miscellaneous expendi- tures such as title reports, agent's expense account, auto- mobile operation, etc.; these expenditures being analyzed by the three objects: (1) Operating expense. (3) Salaries and wages. (4) Equipment. PRELIMINARY ENGINEERING: The report shall show the work accomplished and shall be analyzed by the three ob- Jects: (1) Operating expense. (3) Salaries and wages. (4) Equipment. CONSTRUCTION: The report shall show payments to the contractor detailed by contract items showing quantity, unit, item, unit price and amount; and the amount paid for any materials, supplies, labor or equipment furnished by the city for use on the contract. Expenditures for work performed by day labor shall be detailed to show the quantity for each item of work, the unit cost and amount. ARTICIE V~Y., MISCELI~kNEOUS, PROVISIONS No State officer or employee shall be liable for any- thing done or omitted to be done by the city in the per- formance of any work delegated to the city under this agreement. The city shall, in the event any claim is made against any State officer or employee by reason of such work, indemnify and hold harmless such officer or employee from any damage or liability by reason of any such claim. IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and official seals, the city on the day of ....... , 195~, and the department on the Approval recommended: District Engineer Engineer of C'ity and Cooperative Projects Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS Attorney, Department of Public Works By Assistant State Highway Engineer SOLU ION NO. RESOLUTION OF ,THE CITY COUNCIL OF THE CITY OF B[~Q.~,SPi~D" APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS .TAX ALLOCATION FOR MAJOR ~ITY STREETS, WHEREAS, the State of California, through its Depart- ment of Public Works, DiVision of Highways, has presented a memorandum of agreement.in.accor~ance with a project statement submitted by the City of fo exRe i$~re ~aEe~,~Ic~u~& of the gas tax allocation to cities for the fiscal year , and · !~ ~ ~ WHEREAS, the City Council has heard read said agree- ment in full and is familiar with the contents thereof, and desires to approve the same; City of that said agreement for ex- penditure of the gas tax allocation to cities be and the same is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. ADOPTED this ! ay ~ Mayor of the Ci~/~ of Attest: City Clerk of the City of I hereby certify that 'the foregoing resolution was duly and regularly passed by the Citr Council of the City. of at a ~ul~.~m~l~.dthereof held ,~._1~ ' ,i9 FORM MC-9