Resolution 1272
RESOLUTION NO. 1272
RESOLUTION NO. 1272 OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF AGREEMENT
WITH THE SOUTHERN PACIFIC RAILROAD COMPANY FOR THE OPENING OF TENTH STREET AND
THE CLOSING OF NINTH STREET AND INSTALLATION OF AUTOMATIC GATES AT THE TENTH
STREET CROSSING IN THE CITY OF GILROY, AND THE MAKING OF AN APPLICATION TO THE
PUBLIC UTILITY COMMISSION FOR REIMBURSEMENT OF ONE-HALF OF THE COST TO THE CITY
OF GILROY FOR SUCH INSTALLATION AND AUTHORIZATION.
WHEREAS, the City of Gilroy wishes to improve Tenth Street between
Monterey Highway and Pacheco Pass Road; and
WHEREAS, Tenth Street will cross the Southern Pacific Railroad Com-
pany track and will be a new crossing identified as Crossing No. E-81.0 and,
WHEREAS, the City Council of the City of Gilroy deems it necessary
and desirable that safety crossing and warning devices be installed at said
crossing; and
WHEREAS, the proper installation for said crossing under the present
conditions of traffic, visability and grade are two (2) flashing light grade
crossing signals equipped with automatic gate arms, together with actuating and
operating circuits and adequate instrument housing, and the cost thereof is esti-
mated by the Southern Pacific Railroad Company to be $18,750.00, and
WHEREAS, the said Southern Pacific Railroad Company offers to build,
construct, and install said lighting signals on a matching cost basis, that is,
the said Railroad Company will pay 50% of the cost and the City of Gilroy will
pay the remaining 50%, and the City Council of the City of Gilroy believes that
said offer should be accepted, and
WHEREAS, certain preparation and modification of the existing tracks
will include the raising and removal of tracks as specified and shown on the print
of Railroad1s Western Division Drawing G-344, Sheet No.2, revised July 5, 1967,
and the City of Gilroy.s share of this work is estimated to be $26,585.00 and
the City Council of the City of Gilroy agrees to this estimate of cost as its
share; and
- 1 -
} ) (1 'L
WHEREAS, the Southern Pacific Railroad Company has prepared a
Highway Easement for acceptance by the City for the right-of-way where Tenth
Street crosses the property and right-of-way of Railroad;
WHEREAS, the City of Gilroy deems it necessary to close Ninth Street
(Crossing E-80.8) upon the opening of Tenth Street; and
WHEREAS, the Southern Pacific Railroad Company has prepared a
Quitclaim unto the Railroad for the right, title and interest of the City to
use the surface of said Ninth Street on the Railroad right-of-way;
NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy enter into
the appropriate agreement with the said Southern Pacific Railroad Company for
the installation of the said automatic light signals at the said crossing at the
estimated cost of $18,750.00, of which the City of Gilroy shall pay one-half of
the actual cost, which costs shall include labor and materials and transportation,
and for the said track preparation and modification wherein the City of Gilroy1s
estimated cost will be $26,585.00 for said work, and
BE IT FURTHER RESOLVED that the City of Gilroy does hereby authorize
execution and acceptance of said Highway Easement for the Tenth Street right-of-
way across the Southern Pacific Railroad Company tracks (Crossing No. e-81.0) and
does hereby authorize the Mayor of the City of Gilroy to execute said document
on behalf of the City of Gilroy; and
BE IT FURTHER RESOLVED that the City of Gilroy does hereby authorize
execution of a Quitclaim Deed unto the Railroad all of the right, title and interest
of Grantee to use the surface of said Ninth Street (Crossing E-80.8) over the
Railroad real property as described in the agreement between Railroad and City,
reserving therefrom an easement for utility purposes over, across and under the
said Ninth Street Crossing, and does hereby authorize the Mayor of the City of
Gilroy to execute said document on behalf of the City of Gilroy; and
BE IT FURTHER RESOLVED and it is hereby ordered that the City Engineer-
Director of Public Works of the City of Gilroy be and he is hereby authorized and
- 2 -
directed to cause all necessary papers, applications, forms and documents re-
quired for the purpose of making application to the Public Utilities Commission of
California for reimbursement of one-half of the cost to the City of Gilroy of
the aforesaid installation and any and all other documents, agreements and papers,
including the agreement between the City of Gilroy and the Southern Pacific
Railroad Company, required to carry out said project.
PASSED AND ADOPTED this 1st day of July, 1968, by the following
vote:
NOES:
COUNCIL MEMBERS: Allemand, Duffin, Quartiroli, Silva,
Wen tworth, and Goodr i ch.
COUNCIL MEMBERS: None
AYES:
ABSENT:
COUNCIL MEMBERS: None
APPROVED:
}/~4~~~
Mayor
ATTEST:
/ I
'! 7.~'
e'/ i .'
I' / [ / "',:
~ .-.." . ,,'" /_ /1 I
)( )) l~aP11/1l.-J0 9:" a-fr~l:)
/ City Clerk' 1
- 3 -
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1272 is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
1st day of July
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 3rd
day of July
, 19~.
/1 A
,6)2Ic'-~PYVJ j @ ~M~
City Clerk of the City of Gi lroy