Resolution No. 4607
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RESOLUTION NO. 4607
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A RESOLUTION OF THE eITY COUNeIL OF THE
CITY OF VERNON APPROVING THE EXECUTION OF
A eONTRACT TO INSTALL NO. 8 FLASHING LIGHT
SIGNALS ON ALCOA AVENUE AND eROSSING NOS.
25-0.32-e (LOS ANGELES JUNCTION) AND
3A-4.0-e (UNION PAeIFIe)
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W~EREAS, in Resolution No. 4605 the eity eouncil has
authorized the submission of a request for the allocation of
funds from the Public Utilities eorrunission for the installation
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of No. 8 flashing light signals; and
WHEREAS, there has been presented to the City Council
of the City of Vernon a eontract for the installation of No. 8
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flashing light signals on Alcoa Avenue and erossing Nos. 25-0.32-C
(Los Angeles Junction) and 3A'"":4.0-:-C (Union Pacific); and
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WHEREAS, the City eouncil of the eity of Vernon has
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determined that it is in the best interests of the City of Vernon
to approve the execution of said eontract.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY eOUNCIL OF
THE eITY OF VERNON AS FOLLOWS:
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SEeTION 1: The eontract, attached hereto as Exhibit "A"
20 and incorporated herein by reference as though fully set forth at
21 length, is hereby approved by the eity eouncil of the City of
22 Vernon and the Mayor is hereby authorized to execute said eontract
23 on behalf of the City.
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SECTION 2: The eity elerk of the eity of Vernon is
25 hereby directed to file in his office at the City Hall of the
26 eity of Vernon a copy of said eontract.
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SECTION 3: The eity elerk of the eity of Vernon shall
28 certify to the passage of this Resolution and thereupon and
I thereafter the same shall be in full force and effect.
2 APPROVED AND ADOPTED this 7th day of November, 1978.
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ATTE$T;
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BRueE V. MALKENHOR$T, eity elerk
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STATE OF eALIFORNIA
ss.
eOUNTY OF LOS ANGELES
I, BRueE V. MALKENHORST, eity elerk of the eity of
VernQn, do hereby certify that the foregoing Resolution, being
Resolution No. 4607
, was duly adopted by the eity eouncil
of the eity of Vernon, and was approved by the Mayor of said
eity at a regular meeting of the eity eouncil held on Tuesday,
November 7
, 1978.
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BRueE V. ~mLKENHORST, eity elerk
(SEAL)
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CITY ORIGINAL
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E~17'131/ C '
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I C.L.D. No. 19129
AGREEMENT made this
7/A
day of A/t)r€ m6€/'
1977
between LOS ANGELES JUNCTION RAILWAY COMPANY, a corporation of the State
of California, herein termed "Junction", LOS ANGELES & SALT LAKE RAILROAD
COMPANY, and its Lessee UNION PACIFIC RAILROAD COMPANY, corporations of
the State of Utah, herein collectively termed "Union Pacific" and the
CITY OF VERNON, a municipal corporation of the State of California
herein termed "City";
RECITALS:
The parties hereto desire to evidence by this instrument
their agreement with respect to the installation of crossing warning
devices at the crossing of_Alcoa Avenue over tracks and property of
Junction and Union Pacific within said City of Vernon, County of Los
Angeles, State of California (Junction's assigned Public Utilities
Commission Crossing No. 25-0.32-C and Union Pacific's assigned Public
Utilities Commission Crossing No. 3A-4.0-C).
AGREEMENT:
NOW, THEREFORE it is mutually agreed as follows:
1. Junction shall furnish all necessary labor, materials, tools and
equipment to install one (1) Public Utilities Commission Standard
No. 8 flashing light crossing signal together with necessary
actuating and operating circuits to provide protection for
each of Junction's tracks at said location and to provide
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adequate instrument housing for both Junctionrs and Union
Pacificrs control equipment. Union Pacific shall furnish
necessary labor, materials, tools and equipment to install
one (1) Public Utilities Connnission Standard No. 8 flashing
light crossing signal together with such necessary activating
and operating circuits to provide protection for its track
at said location including circuits to interconnect its track
and signal at said location with Junction's signal.
2. City agrees to reimburse Junction promptly upon rendition of
statement therefor fifty per cent (50%) of the actual cost of
its work as set forth in Paragraph 1 above.
3. City agrees to reimburse Union Pacific promptly upon rendition
of statement therefor fifty per cent (50%) of the actual cost of
its work as set forth in Paragraph 1 above.
(a) To maintain and keep in good repair so long as it
shall continue its track in and over said crossing,
its flashing light signal and related actuating and
operating circuits hereinabove mentioned.
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(b)
To reimburse Junction promptly for sixteen and
two thirds per cent (16 2/3%) of Junction's
actual cost of the work of installation of one (1)
Standard No. 8 flashing light signal at said
crossing of Alcoa Avenue.
5. For and in consideration of the agreements to be kept and
performed by City and Union Pacific as set forth herein)
Junction agrees as follows:
(a) To maintain and keep in good repair as long as
it shall continue its tracks in and over said
crossing, its flashing light signal and related
actuating and operating circuits hereinabove
mentioned.
(b) To reimburse Union Pacific promptly for thirty
three and,one-third per cent (33 1/3%) of Union
Pacific's actual cost of the work of installation
of One Standard No.8 flashing light signal at
said crossing of Alcoa Avenue.
6. It is mutually agreed between the parties hereto as follows:
(a) Notwithstanding the method of apportionment of
costs and expenses set forth above, should this
railway-highway crossing work be financed in whole
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or in part with Federal aid funds, Junction and
Union Pacific shall be reimbursed in accordance
with applicable Federal laws and regulations,
and Junction's and Union Pacific's right to
reimbursement shall not be limited by any
provisions of this agreement. City shall
notify Junction and Union Pacific should a
Federal fund allotment be made to City for
this project.
(b) After installation of railroad crossing
warning signals and appurtenances, under
terms of this agreement, Junction and Union
Pacific shall physically maintain their
respective portions of same so long as they
remain in place. The maintenance cost of
said signals and appurtenances shall be
shared in the same proportion as the initial
installation costs by the parties hereto
in accordance with Section 1202.2 of the
California Public Utilities Code, except
that City's liability therefor shall be
limited to such funds as are set aside for
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allocation to the Public Utilities Commission
pursuant to Section 1231.1 of the Public Utilities
Code.
(c) That the ownership of all materials installed
for the crossing warning devices provided herein
shall be in the respective Company which made
the installation in consideration of its agreement
to maintain the crossing warning signals and
appurtenances.
(d) That the flashing light signals, together with
appurtenances as proposed under this agreement,
shall not be discontinued except by mutual consent
of the parties hereto or pursuant to order of the
California Public Utilities Commission.
(e) That all work covered by this agreement shall
conform to requirements of the Public Utilities
Commission of the State of California and any
other body having jurisdiction in the premises.
(f) That this agreement shall apply to and bind the
successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this
this
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day of Afore/?? u/'
agreement to be executed by their respective officers, duly authorized,
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· · Assista Secreta<Y"
ATTEST:
>~Cf"e - ,
ATTEST:
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CHIEF ENGtNEER. L.A,..I,
JU>PROV . -' ~.~
--;:2;:...C0: . Y. f!:';:.1?:::~-:-:
.,~ .__,~__ JJ:or Chie!. Engineer
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1977.
LOS ANGELES JUNCTION RAILWAY COMPANY
~ ~ President
By:
LOS ANGELES & SALT LAKE RAILROAD COMPANY
UNION PACIFIC RAILROAD COMPANY (LESSEE)
By:
-;rfi~. m.
GENERAL MAWwSSI ~
CITY OF VERNON
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@ i CITY COUNCIL
.. / LEONIS C, MALBURG. MAYOR
HILARIO GONZALES
KEITH K, KAESER
WILLIAM M, McCORMICK
THOMAS A, YBARRA
583-8811
587-5171
583-4821
583.8811
583-8811
583.8811
OFFICERS
BRUCE V, MALKENHORST,
CITY CLERK. DIRECTOR OF FINANCE
TELEPHONES
CITY CLERK . .
POLICE DEPT, . . .
FIRE DEPT, . . . -
BUILDING DEPT, -.
PUBLIC WORKS DEPT,
HEALTH DEPT, . . .
J, A, VENEZIA, CITY TREASURER
DAVID B, BREARLEY. CITY ATTORNEY
ARTHUR E, NELSON, JR..
DIRECTOR OF PUBLIC WORKS/BuILDING
C, E, NEMETHI, M,D.. HEALTH OFFICER
FRED H, COLVIN, FIRE CHIEF
SPENCER E, HOGAN, POLICE CHIEF
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
October 31, 1978
IN REPLY REFER TO:
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Honorable eity Council
eity of Vernon
Vernon, ealifornia
Gentlemen:
Herewith for your consideration is a proposed Agreement
prepared by Los Angeles Junction and Union Pacific Ri:tilroads
covering the installation of No. 8 flashing light signals at
Alcoa Avenue and Crossing Nos. 25-0.32-e (Los Angeles Junctiort)
and 3A-4.0-e (Union Pacific).
It is hereby recommended that the Agreement be approved
and the Mayor and the eity Clerk be authorized to execute the
document.
Re$pectfuU~
~elSOn,Jr.
DIREeTOR OF PUBLIC WORKS/BUILDING
VHV:ek
encl.
cc: CityAttorney
..