HomeMy WebLinkAboutCity Council - 2158 RESOLUTION No. 2158
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH OPPOSING ASSE14BLY
BILLS 3410 and 431 RELATI"NG TO THE APPORTION-
MEh-T OF CONSTRUCTION AND MAINTENANCE EX_
PENSE OF RAILROAD CROSSINGS TO PUBLIC
AGENCIES.
WHEREAS, Section i202 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, maintenance, use and protection
of each crossine 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 proportion as the cost of constructing or alter-
ing a grede crossing; and
WHEREAS, Assembly Bill 346 would apply to grade cross-
ings constructed or altered since October lst, 1963; and
WHEREAS, the long-standing policy of the Public Utili-
ties 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 ageney has
paid all of the cost of constructing or altering a grade cross-
Ing; and
WHERFAS, 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 -ate arms operate solely for the benefit
of the railroads In thet the railroad Is given the unregulated
right of way over vehicular and pedestrian traffic using the
I)ublic highway; and
WHEREAS, vehicular and pedestrian traffic using the
public highway at a grade crossing is interfered with and traf-
fic 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 repeated�
ly found that maintenance expense of grade crossings should be
borne by the railroads; and
1
Res. NO. 2158
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 ordef to permit
uralns to pass over the highway without causing an extraordi-
nary amount of Maintenance to the highway;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Huntington Beach that it does hereby declare
and state that the City Council of the City of Huntington.
Beach is opposed to Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of the
City of Huntington Beach Is opposed to Assembly Bill 431 into.»
far 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 Honorable John G.
Schmitz, State Senator, and to the Honorable William E.
Dannemeyer, the Honorable James E. Whetmore and the Honorable
Robert E. Badham, State Assemblymen from Orange County.
PASSED AND ADOPTED by the City Council of the City
of Huntington Beach, California, this 19th day of April ,
1965.
or
ATTEST:
i er
AP ED A 0 f'F
J i U ,
i
By
George Mbate,
Asst.City Attorney
2,�
Res. No. 2158
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, PAUL C. JONES, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach, and ex-officio Clerk of
the City Council of said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is
five; that the foregoing resolution was passed and adopted by the
affirmative vote of more than a majority of all the members of said
City Council at a regular meeting thereof held on the 19th day
of April , 1965, by the following w te:
AYES: Councilmen:
Gisler, Stewart, Lambert, Shipley
NOES: Councilmen:
None
ABSENT: Councilmen:
Welch
City Clerk and ex fficio Clerk of
the City Council of the City of
Huntington Beach, California