HomeMy WebLinkAboutCC Res 1377 1965-04-19
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RESOLUTION NO, 1377
A RESOLUTION OF THE CITY COUNCIL OF mE CITY OF
SEAL BEACH OPPOSING ASSEMBLY BILLS 346 and 431
RELATING TO THE APPORTIONMENT OF CONSTRUCTION
AND MAINTENANCE EXPENSE OF RAILROAD CROSSINGS
TO PUBLIC AGENCIES.
mE CITY COUNCIL OF mE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, Section 1202 of the Public Utilities Code of the State of
California grants to the public Utilities Commission the power to determine
and prescribe the terms of installation, operation, maintenance, use and
protection of each crossing of a public highway by a railroad; and
WHEREAS, Assembly Bill 346 will add a new section to the Public
Utilities Code which purports to apportion the maintenance expense between the
railroads and public agencies in the proportion as the cost of constructing or
altering a grade crossing; and
WHEREAS, Assembly Bill 346 would apply to grade crossings constructed
or altered since October 1, 1963; and
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WHEREAS, the long-standing policy of the Public Utilities Commission
has been to impose at least 50% of the cost of constructing or altering a grade
crossing upon the public agency involved and, in many instances, the public
agency has paid all of the cost of constructing or altering a grade crossing;
and
WHEREAS, it has been the policy of the Public Utilities Commission
to require the installation of gate arms at grade crossings newly constructed
or altered; and
WHEREAS, such gate arms. operate solely for the benefit of the rail-
roads in that the railroad is given the unregulated right of way over vehicular
and pedestrian traffic using the public h!ghway; and
WHEREAS, vehicular and pedestrian traffic using the public highway
at a grade crossing is interfered with and traffic congestion is caused by the
unregulated right of way; and
WHEREAS, the unregulated right of way permits trains to operate at
higher speeds; and
WHEREAS, the presence of gate arms results in the railroads having
fewer accidents, and in fewer claims being filed against them; and
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WHEREAS, the Public Utilities Commission has repeatedly found that
maintenance expense of grade crossings hould be borne by the railroads; and
WHEREAS, Assembly Bill 431 purports to apportion the costs of
construction in respect to that area between the rails and two feet outside
each rail on the basis of 50 % to the railroad and 50 % to the public agency; and
WHEREAS, the railroad should bear such cost because special construction
is needed in such area in order to permit trains to pass over the highway with-
out causing an extraordinary amount of maintenance to the highway,
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Resolution Number~
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEAL BEACH that it does hereby declare and state that the City Council of
the City of Seal Beach is opposed to Assembly Bill 346,
BE IT FURTHER RESOLVED that the City Council of the City of
Seal Beach is opposed to Assembly Bill 431 insofar as it attempts to apportion
construction costs for that area with two feet outside each rail at grade
crossings to public agencies.
BE IT FURTHER RESOLVED that a certified copy of the resolution be
prepared and sent to the Honorable John G. Schmitz, State Senator, and to
the Honorable William E. Dannemeyer, the Honorable James E, Whetmore and the
Honorable Robert E. Badham, State Assemblymen from Orange County,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach at a regular meeting thereof held on the 19th day of April, 1965,
by the following vote:
AYES:
ABSENT:
Councilmen Nescher, Gemmill, Griswold, Anderson
Councilman Gummere
ATTEST:
/?V ~~
F, W. Hickman, City Clerk
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