Resolution No. 2767
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RESOLUTION NO. 2767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON OPPOS-
ING ASSEMBLY BILLS 346 AND 431 RELATING TO THE APPORTIONMENT~~
OF CONSTRUCTION AND lVIAINTENANCE EXPENSE OF RAILROAD CROSS-
INGS TO PUBLIC AGENCIES.
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
WHEREAS1 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 installationl operation~ maintenance.. use and pro-
tection 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 same proportion as the cost of con-
structing or altering a grade crossing; and
WHEREAS... the long-standing policy of the Public Utilities Com-
mission has been to impose at least 5010 of the cast of constructing or altering
a grade crossing upon the public agency inv.olved and... in many instances.. the
public agency has paid all of the cost of constructing or altering a grade cross-
ing! and
WHEREAS". such gate arms operate solely for the benefit of the
railroads in that the railroad is given the unregulated right of way over
vehicular and pedestrian traffic using the public highway; and
WHEREAS.. the Public Utilities Commission has repeatedly found
that maintenance expense of grade crossings should 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 percent t.o the railroad and 50 percent to the public
agency; and
WHEREAS". the railroad should bear such cost because special
construction is needed in such area in order to per;rnit trains to pass over the
highway without causing an extraordinary amount of maintenance to the highway
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NQW~ THEBEFOltE". BE IT nSOL VB)):
SECTION 1:
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That the City Counell of the City of Vernon i8
3 opposed to Assembly Bill.34:6 and Assexnbly Bll14:31 insofar as they attempt-to
4 apportion eOl1lltruetion eosts for that area with two feet outside each rail at
5 grade erossings topubUc. agencies.
6
That a certified copy of this B.e80lution b4t
SECTION 2:
7 prepared and sent to the Honorable Thomas :M. :Rees". state Senator.. and
8 Honorable GeQ+"ge A. Will.o~ State Assemblyman.
9
The City Clerk of the City of Vernon .ahall
SECTION 3:
10 certify to the passage of this Beaolution". and thereupOn and th$1'Ufte:r the um.
11 shall bem full fOI"ce and effect.
12 ADOPTED s,nd APl'ltOVED this 20th day of April.. 1165.
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I
I ( _of the City of
l
AT~~,
City Clerk
ITA 'I'll OF CALIFOJt..NIA ) ..
COl1lfTY -OF WS .ANG:&LES ~
as.
24 X. JI. A. zmKU.. City Clerk. ()f the City of Vernon". do hereby
25 eertify that the foregoing Jf.esolui!c:tn, being J1esolution No. 2767, was.""
26 adopted by the City Council of the City of Vernon. and approved by the Jfa.yor
27 of .aid City, at a regular meeting of the City Council held on April Ie.. 1965.
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CITY OF BALDWIN PARK
14403 E. PACIFIC AVE. · BALDWIN PARK, CALIFORNIA · EDgewood 8-1181
April 12, 1965
.R E eEl VED
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APR 2 F.r A. ,.zIEMER
o 1965 GHY C'.tli:#!<
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Honorable Mayor and City Council
City of Vernon
City Hall
Vernon, California
Gentlemen:
Enclosed is a copy of our Mayor's letter
concerning AS 346 and AD 431 which seeks to impose an
additional financial burden on cities with respect to
construction, alteration and maintenance of railroad
crossings.
We urge you to contact your assemblymen and
the League of California Cities and voice your
opposition to these bills.
Sincerely yours,
~;;~-,. "
La~'.. .;;~-;--?~~. _L".~.
,". <.' k
CLl FORD A. .. . .
Chief Adm~ve fficer
CAN:F
(Enc 1)
..""r
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CITY Of BALDWIN PARK
14403 E. PACIFIC AVE. · BALDWIN PARK, CALIFORNIA · EDgewoodS.llS1
April 9, 1965
The Honorable Joseph Kennick,. Chairman
Committee on Public utilities and Corporations
California State Assembly.
Sacramento, California
Dear Mr. Kennick:
We are concerned about AB346 and AB 431 which purport to im-
pose unjust and continuing financial responsibility upon
public agencies for a portion of the maintenance of railroad
grade crossings constructed or altered after October I, 1963,
and for the cost of constructing grade crossings with respect
to that area between the rails and two feet outside the rails.
The Baldwin Park City Council wishes to express its unanimous
opposition to the. two foregoing measures on the grounds that
they would further expand the morally questionable rights now
enjoyed by a private corporate entity to cross a public right
of way, and in the process, levy a substantial portion of the
cost against the public agency.
We, in Baldwin Park, feel the acute disruptive effects of hav-
ing our community sliced by railroad tracks which now serve
little,if any, of our essential transportation needs.
Your vigorous opposition to Assembly Bills 346 and 431 is.
strongly urged.
Sincerely yours,
~~{~ .~ ~J~~ .~.~
l~s E. MOREHEAD /
Mayor
CEH:er.
.
....
.
M
THE MAYOR
CITY COUNCIL
ODRA L. CHANDLER,MAYOR
JACK C. DUTTON, Mayor Pro Tern
A.J. SCHUTTE
FRED T. KREIN
R E ~ E J V E rjALVIN L. PEBLEY
'Y/;L ~/, ~
F.. A. zillMER
CITY CLERK
OFFICE OF,
CITY HALL
ANAHEIM. CALIFORNIA
March 24, 1965
APR 6 1965
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Honorable Mayor and City Councilmen
Gentlemen:
Enclosed you will find a resolution adopted by the City
Council of the City of Anaheim expressing its opposition
to Assembly Bills 346 and 431. We would appreciate your
close analysis of these bills and our reasons for oppos-
ing samec It is our feeling that such bills impose a
direct subsidy for the railroads and allocate the costs
of such subsidy indirectly upon the cities. The analysis
of the costs involved will clearly show that this is a
substantial subsidy and the costs thereof will impose
a substantial financial burden upon cities.
We are sending this resolution to you in the hope of
alerting you to the bill which is, apparently, being
pushed through by heavy railroad lobbies and, apparently,
has not been called to the attention of cities for op-
position.
We urge you to contact your assemblymen and the League
of California Cities to voice opposition to these billse
Very truly yours,
~\J"~~
Mayor
eim
OLC:mb
Encl.
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RESOLUTION NO. 65R-2l9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM OPPOSING ASSEMBLY BILLS
346 AND 431 RELATING TO THE APPORTION-
MENT OF CONSTRUCTION AND MAINTENANCE
EXPENSE OF RAILROAD CROSSINGS TO PUBLIC
AGENCIES.
WHEREAS, Section 1202 of the Public Utilities Code
of the State of California grants to the Public Utilities Com-
mission 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 main-
tenance expense between the railroads and public agencies in
the same proportion as the cost of constructing or altering a
grade crossing; and
WHEREAS, Assembly Bill 346 would apply to grade cross-
ings constructed or altered since October 1, 1963; and
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 cross-
ing; 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 railroads in that the railroad is given the unregulated
right of way over vehicular and pedestrian traffic using the
public highway; and
WHEREAS, vehicular and pedestrian traffic using the
public highway at a grade crossing is interfered with and traf-
fic 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
WHEREAS, the Public Utilities Commission has repeatedly
found that maintenance expense of grade crossings should 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 percent to
the railroad and 50 percent 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 without causing an extraordin-
ary amount of maintenance to the highway.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Anaheim that it.does hereby declare and state
that the City Council of the City of Anaheim is opposed to
Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of tbe .
City of Anaheim is opposed to Assembly Bi.ll 431 insofar as it
attempts to apportion construction costs for tbat area with two
feet outside each rail at grade crossings to public agencies.
BE ITFURTHER'RESOLVED. that. a certified copy ()fthis
resolution be prepared and sent to the. Honorable John f.' .~t~,
:~Ej;~ i~~;:;i:~~~v:;~;:bl~' P<~~~~:~,
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riii Fa GOING RESO~U~~~uu is approved and signed l:!y
me this 23rd dtty of March, 1965.
ATTEST:
Br A-- -- ~
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C CLERK 0" ~~6f~oY~IM
STATE OF CALIFORNIA
COUNTY OF ORANGE
ClTY OFANA.HEIM
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ss.
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, .
do hereby certify that the for ego in.g resolution was passed and
adopted at a regular meeting of the City Council held on the 23rd
. day of March, 1965, by the following vote of the members thereof:
AYES:
NOES:
COUNCILMEN: Dutton Schutte, Krein and
Chandler.
COUNCILMEN: None
USENT: COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 23rd day of
March, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affix-ed the flealof the City of Anaheim this 23rd day of March,
1965.
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. CLERJ( OF THE tIn OF ANAIIEtH
(SEAL)
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