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U, <br />ORDINANCE NO. 5 3 5 2 ,bi <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, <br />WASHINGTON, APPROVING BURLINGTON NORTHERN SANTA FE <br />RAILWAY FUNDS AS PROVIDED IN THE CONSTRUCTION AND <br />MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE <br />BURLINGTON NORTHERN SANTA FE RAILWAY FOR PR 529, 3 R STREET <br />SW GRADE SEPARATION. <br />WHEREAS, the City Council of the City of Auburn must adopt and <br />approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and <br />THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO <br />ORDAIN AS FOLLOWS: <br />Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby <br />approves the expenditure and appropriation of Burlington Northern Santa Fe <br />Railway Funds in the amount of $1,185,000 for construction of a grade <br />separated crossing on 3rd Street SW. The Mayor and City Clerk are hereby <br />authorized to execute the Construction and Maintenance Agreement between <br />the City and the Burlington Northern Santa Fe Railway approving said <br />Agreement, a copy of which is attached hereto as Exhibit "A" and is <br />incorporated herein by reference. The Mayor and City Clerk are also <br />authorized to approve and execute any future supplemental agreements <br />thereto required for completion of phases of the project, including but not <br />limited to design, right-of-way, and construction. <br />Section 2. The Mayor is hereby authorized to implement such <br />Ordinance No. 5352 <br />February 23, 2000 <br />Page 1 <br />