HomeMy WebLinkAboutResolution No. 4817RESOLUTION NO. 4817
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA 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
of the State of California grants to the Public Utilities
mission the power to determine and prescribe the terms of
installation, operation, maintenance, use and protection
each crossing of a public highway by a railroad; and
Code
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of
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
crossings constructed or altered since October 1, 19663; 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 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
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 Azusa that it does hereby declare and state
that the City Council of the City of Azusa is opposed to
Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of the
City of Azusa 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 this
resolution be prepared and sent to the members of the assembly
representing Azusa, to Senator Rees, and to the League of
California Cities.
THE FOREGOING RESOLUTION is approved and signed by
me this 5th day of April, 1965.
May or
I hereby certify that the foregoing resolution was
duly adopted by the City Council of the City of Azusa at a regular
meeting thereof held on the 5th day April, 1965, by the following
vote of the Council:
AYES: Councilmen: Rubio, Cooney, Solem, McLees, Memmesheimer
NOES: Councilmen: None
ABSENT:Councilmen: None
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