CC RESOLUTION 2119A.Lu->1�
RESOLUTION NO. 2119A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, OPPOSING
ASSEMBLY BILLS 346 AND 431 RELATING TO THE
APPORTIONMENT OF CONSTRUCTION AND MAIN-
TENANCE 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 Commission the power
to determine and prescribe the terms of installation, operation, main-
tenance, 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 maintenance
expense between the railroads and public agencies in the same propor-
tion 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 percent of the cost of con-
structing 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 crossing; 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
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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 per cent to the railroad and
50 per cent 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 extraordinary amount of
maintenance to the highway.
NOW, THEREFORE, BE IT RESOLVED, by the City Coun-
cil of the City of El Segundo that it does hereby declare and state that
the City Council of the City of El Segundo is opposed to Assembly Bill
346.
BE IT FURTHER RESOLVED, that the City Council of the
City of El Segundo 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 certified copies of this
resolution be sent to the Honorable Thomas M. Reese, State Senator,
and to the Honorable Charles Edward Chapel, Assemblyman of the State
of California.
PASSED, APPROVED and ADOPTED this 12th day of April,
1965.
ATTEST:
Mayor of e i y o f El Segundo, Cdlifornia.
24tidlib 9
City Clerk
(SEAL)
-2-
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS
CITY OF EL SEGUNDO. )
I, EUNICE U. CREASON, City Clerk of the
City of E1 Segundo, California, DO HEREBY CERTIFY that the
whole number of members of the City Council of the said City
is five; that the foregoing Resolution, being Resolution No. 2119A
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council
held on the 12th day of April , 196 5 ,
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Frederick, Kimport, McElhaney, Nagel
and Mayor McGill;
NOES: Councilmen None:
ABSENT: Councilmen None.
WITNESS my hand and the official seal of said City
this 13th day of April , 1965
4y er o t e Cit y of egun o
California
(SEAL)
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