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Resolution No. 4608 1 RESOLUTION NO. 4608 3 A RESOLUTION OF THE eITY eOUNeIL OF THE eITY OF VERNON APPROVING THE EXEeUTION OF A eONTRAeT TO INSTALL NO. 8 FLASHING LIGHT SIGNALS ON BOYLE AVENUE AND eROSSING NOS. 25-0.58-e and 25-1.64-e (LOS ANGELES JUNeTION) AND NO. 3A-4.25-e (UNION PAeIFIe) 2 4 5 6 WHEREAS, in Resolution No. 4605 the eity eouncil has 7 authorized the submission of a request for the allocation of 8 funds from the Public Utilities eommission for the installation 9 of No. 8 flashing light signals; and 10 WHEREAS, there has been presented to the eity eouncil 11 of the eity of Vernon a eontract for the installation of No. 8 12 flashing light signals on Boyle Avenue and erossing Nos. 25-0.58-e 13 and 25-1.64-e (Los Angeles Junction) and No. 3A-4.25-e (Union 14 Pacific); and 15 WHEREAS, the eity eouncil of the eity of Vernon has 16 determined that it is in the best interests of the City of Vernon 17 to approve the execution of said eontract. 18 NOW, THEREFORE, BE IT RESOLVED BY THE eITY eOUNeIL OF 19 THE eITY Or VERNON AS FOLLOWS: 20 SECTION 1: The eontract, attached hereto as Exhibit "An 21 and incorporated herein by reference as though fully set forth at 22 length, is hereby approved by the ei ty eouncil of the ei ty of 23 Vernon and the Mayor is hereby authorized to execute said eontract 24 on behalf of the eity. 25 SEe'l'ION 2: The eity elerk of the eity of Vernon is 26 hereby directed to file in his office at the City Hall of the 27 eity of Vernon a copy of said eontract. SEeTION 3: The eity elerk of the eity of Vernon shall 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of November, 1978. ATTEST: <1~q~ BRueE V. MALKENHORST, eity elerk -2- ~$'R' i 1 2 3 4 5 6 7 , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF eALIFORNIA ) ) ss. eOUNTY OF LOS ANGELES ) I, BRueE V. MALKENHORST, eity elerk of the eity of Vernon, do hereby certify that the foregoing Resolution, being , was duly adopted by the eity eouncil Resolution No. 46Q8 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. (SEAL) 6~#l~ BRueE V. ~mLKENHORST, eity elerk -3... "~"';';;'-"""''-':'.:''''~''-'-''', .~ CITY ORIGINAL '" e.L.D. No. 19130 11 7#1 day of ,q'Or€,-n{;€t'" 1977 AGREEMENT made this termed "City"; REC ITALS : The parties hereto desire to evidence by this instrument their agreement with respect to the installation of crossing warning devices at the crossing of Boyle 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 Nos. 25-0.58-C and 25-l.64-C and Union Pacific's assigned Public Utilities Commission Crossing No. 3A-4.25-C). AGREEMENT NOW, THEREFORE it is mutually agreed as follows: 1. Junction shall furnish all necessary labor, materials, tools and equipment to install two (2) Public Utilities Commission Standard No. 8 flashing light crossing signals together with such necessary actuating and operating circuits to provide protection for all of Junction's tracks at said location and to provide adequate instrument housing for both Junction's and Union Pacific's control equipment. Union Pacific shall I ! .. -2- furnish necessary labor, materials, tools and provide necessary control equipment and circuits to connect its track at said location with Junction's signals. 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 I 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 I above. 4. For and in consideration of the agreements to be kept and performed by City and Junction as set forth herein Union Pacific agrees as follows: (a) To maintain and keep in good repair so long as it shall continue its track in and over said crossing the control equipment and circuits hereinabove mentioned. (b)" To reimburse Junction promptly for twelve and one-half per cent (l2~%) of Junction's actual cost of the work of installation of Standard No. 8 flashing light signals at said crossing of Boyle Avenue. ~ . ., '- / ~ 1 I -3- 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 so long as it shall continue its tracks in and over said crossing, the flashing light signals and related actuating and operating circuits hereinabove mentioned. (b) To reimburse Union Pacific promptly for thirty seven and one-half per cent (37~%) of Union Pacific's actual cost of the work of installation of its control equipment and circuits hereinabove mentioned. 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 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 provision of this agreement. City shall notify Junction and Union Pacific should a Federal r~ I .' ~- 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 as long as they remain in place. The maintenance cost of said signals and appurtenances shall be shared in the same proportions 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 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. . . ~. .L~ ~,. . , .. . '" .. I I -5- (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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, 7/A day of 1Ve:Jt/G- /77 6e:/' 1977 . this ATTEST: .//7 ' </ ~ ~ . ~df' Assistant cretary ~ LOS ANGELES JUNCTION RAILWAY COMPANY By ~.~~~ Presi~ent ATTEST: LOS ANGELES & SALT LAKE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY (LESSEE) >ec~6'7cr;y By: -;r~~~ ct~;RAtJYWmalf ATTEST: wt/t~"":? r1 / ,'." 13/l4~Av~ /" ,/ CITY OF VERNON BY~ ~' _' . !vIa or APPRO~ ;0 J9RM Assistant G ~--- enefral Attar-naif co "" ;lU CCa O~ , .... t"j -" /i Of:, SC, R I.,~,I, )~, '.,O,.,V ED , .' ''-/>> Q ~<(2) CHI~fo' eNGINEER L.A.,], APPhOVt.2;.lt/. ,/7/ /Z ~ '.~~' , , , '/"{ ( /' / ~t:tr1-,/ ~ .co.;.,"'........,..,..., ....... . . PorChia! Engineer '6 / ".,~ r ~l ",. .1 Crossing Protection Fund ease No. Allocation Request No. Request of the City of Vernon for Allocation from Crossing Protection Fund for Protection at Los Angeles Junction's Crossing Nos. 25-0.58-e and 25-l.64--C and' Union Pacific's Crossing No. 3A-4.25-C at Boyle Avenue. ---,,-- REQUEST FOR ALLOCATION OF FUNDS City of Vernon, State of California, hereby requests: the Public Utilities Commission to make an allocatian to applicant 'from Crossing Protectian Fund in thearn.ount 'Of $7,933.25. Such allocation, however, not ,to exceed one-half of the actual costs of applicant's share 'Of the costs of con- struction protection at the crossing of,thetracks of the Los Angeles Junction's tracks and Union Pacific Railroadeompany's tracks at Boyle Avenue, being Crossing Nos. 25-0.58-C, 25-1.64-eand JA-4.25-e. 1. Attached as Exhibit "A" is a true copy of City of Vernon Resoluti~:m No'.'460~authorizingthesubmission of this ,reques t . 2. Present protection consists of the following: a) Standard paint marking on street paving. b) Standard advance warning signs. 3 ; Proposed protection': a) Standard No. 8 flashing light signals and appurtenances. b) Standard paint markings on street pavement. c) Standard advance warning signs. 4. Traffic: a) Average daily traffic volume over the crossing 3808 vehicles. b) Average daily train movements per twenty-four hour period as reported is: Four movements - Los Angeles Junctian Four movements- Union Pacific Railroad 5. Attached as Exhibit "B" is a detailed estimate of cost of installation of the proposed protection. The estimate was prepared by Los Angeles Junctian and Union Pacific Railroad for their respective work. 6. Attached as Exhibit "ell is a true copy of the Agreement be- tween the City of Vernon, Los Angeles Junction and Union Pacific Railroad. $ " 7. The City of Vernon is willing and able to participate in the costs of construction in the amount of $7,933.25 over and above the amount of requested allocation~ Thisamount is now available. '8. For the present fiscal year approximately' $l5,OOOis avail- able for crossing protection. 9 . Additional protection is required to improve the safety at the crossing. WHEREFORE, Applicant requests an appropriate allocation from the Cross- i~g Protection Fund. Dated at Vernon, California this day oftibv~(fm6tZ/' ,'1978 1> ;)_ .,~ . ~74~ ,. .. .'A"-Pt".z.-(I'... .'. - E"7.onis c. Ma~~YOr "'.. ety of Vernon ATTESTED: ~/7r~#4/L~ Bruce, V. Malkenhorst City Clerk