Resolution No. 6516
I r
'"
1
RESOLUTION NO. 6516
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A LETTER AGREEMENT BY AND BETWEEN THE CITY
OF VERNON AND THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
3
4
5
WHEREAS, the City Council of the City of Vernon by
6
Resolution No. 6515, authorized the execution of Program Supplement
No. 005 to Local Agency-State Agreement for Federal Aid Projects,
7
8
which will
$84,687.00
provide
funding
in the
of
for
amount
9
installation of #8A safety warning devices at the Atchison, Topeka,
10
11
and Santa Fe Railway Company (AT&SF) crossing on 26th Street; and
WHEREAS, the City of Vernon is required to pay ten percent
(10%) of said Project in the amount of $8,469.00; and
12
13
WHEREAS, AT&SF will construct said project pursuant to a
14
separate State Service Contract with the California Department of
15
Transportation, and AT&SF is willing to fund the City of Vernon's
16
17
share of said project pursuant to a Letter Agreement; and
WHEREAS, the Acting Director of community Services has
18
recommended that said Letter Agreement be approved.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
20
21
SECTION 1: The City Council of the City of Vernon hereby
22
finds and determines that the recitals contained hereinabove are
23
true and correct.
24
SECTION 2: The City Council of the City of Vernon hereby
25
approves the Letter Agreement, a copy of which has been presented to
the City counci" concurrently with this resolution, and the City
Council hereby orders said Letter Agreement to be received and filed
26
27
28
by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Letter
Agreement for, and on behalf of, the City of Vernon.
L. ,
1
2
3
4
SECTION 4: The City Clerk of the City of Vernon shall
5 certify to the passage of this resolution, and thereupon and
6 thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 20th day of September, 1994.
8
9
~: AT/L- /~
12 BRUCE V. MALKENHORST, City Clerk
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
. .
I, ,
1
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of
2
3
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6516, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held on
7 Tuesday, September 20, 1994, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
'".'-'
, . ~-
M, -
....
740 E. Carnegie Drive, San Bernardino, CA. 92408-3571
Telephone (909) 386-4472
September 14,1994
File: 11000477
SANTA FE ORIGINAL
Mr. Kevin Wilson
Acting Director of Community Services & Water
City of Vernon
4305 Santa Fe A venue
Vernon, CA. 90058
LETTER AGREEMENT
~ ~ _ L-
THIS AGREEMENT, made and entered into this:'1 day of fQN--r~ 1994,
by and between THE ATCHISON, TOPEKA AND SANTA FE RA lWAY COMPANY, a
Delaware Corporation, hereinafter designated "Santa Fe", and the CITY OF Vernon, a
Municipal Corporation in the State of California, hereinafter designated "City".
RECITALS:
Santa Fe owns and operates a line of railroad in and through the State of California.
WHEREAS:
Santa Fe proposes to install automatic warning devices on 26th Street, in the City, at
railroad crossing PUC NO. 2-144.11-C, hereinafter referred to as the "Project" pursuant to a State
Service Contract with the State of California Department of Transportation; and
WHEREAS:
City has received Supplemental Agreement for the Project under Federal Aid Safety Fund
from the State of California Department of Transportation; and
WHEREAS:
State of California has allocated the sum of Eighty Four Thousand Six Hundred Eighty
Seven Dollars ($84,687.pO) for the Project that will be covered by the State Service Contract, 10%
of which will be funded by the City; and
WHEREAS:
Santa Fe is willing to fund City's 10% share of the Project cost; and
WHEREAS:
Santa Fe has prepared plans and specifications and is willing to inspect and administer the
project with no cost to City.
AGREEMENT:
IN CONSIDERATION of the recitals and of the respective obligations of the parties hereinafter set forth,
it is mutually agreed as follows:
1
..
'~
...
1. Santa Fe shall deposit 10% of the estimated cost of the Project, Eight Thousand Four
Jfundred Sixty Nine Dollars ($8,469.00) with City. If actual costs of the Project exceeds
the deposit submitted to the City, Santa Fe shall promptly reimburse City the balance due.
If actual cost of the Project is less than the deposit submitted by Santa Fe, then City shall
promptly refund the excess to Santa Fe,
2. Santa Fe shall submit a traffic plan to City for approval 48 hours prior to the start of the
Project and will also furnish all necessary signs and traffic control devices during the entire
project.
3. After installation of the automatic warning devices at PUC Crossing No. 2-144.11-C,
Santa Fe shall physically maintain same for so long as they remain in place. The
maintenance cost of said automatic warning devices shall be shared equally by City and
Santa Fe 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 may be set aside for allocation
to the Public Utilities Commission pursuant to Section 1231.1 of the Public Utilities Code.
4. All work covered by this Agreement shall conform to the requirements of the Public
Utilities Commission of the State of California.
IN WITNESS WHEREOF, City has caused these presents to be executed and attested by its duly
qualified and authorized officials pursuant to authority regularly granted them by its City Council, and
Santa Fe has executed this Agreement, both as of the day and year first above written.
ATTEST:
By: A
Stanle", . eide bach, Manager Public Projects
The chison, Topeka and Santa Fe Railway Company
740,E. Carnegie Drive
San Bernardino, CA.
CITY OF VERNON
~~.
Leoms C. Malburg, M yor .
ity of Vernon
4305 Santa Fe A venue
Vernon, CA. 90058
/~~
Bruce V. Mal ken horst, City Clerk
ILWAY COMPANY
By
92408-3571
APPROVED AS TO FORM:
By: t.
David B. Brearley, City Attorn
2
J