Resolution 908
RESOLUTION NO. 908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
OPPOSING ASSEMBLY BILLS 346 AND 431 RELATING TO THE
APPORTIONMENT OF CONSTRUCTION AND MAINTENANCE 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, maintenance, 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 proportion as the cost of
constructing or altering a grade crossing; and
WHEREAS, Assembly Bi II 346 would apply to grade crossings constructed
or altered since October I, 1963; 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
crossing; and
WHEREAS, it has been the policy of the Public Uti lities 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 Bi 11431 purports to apportion the costs of construc-
tion 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 with-
out causing an extraordinary amount of maintenance to the highway.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Gilroy that it does hereby declare and state that the City Counci 1
of the City of Gilroy is opposed to Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of the City of Gilroy
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.
PASSED AND ADOPTED this 5th day of April, 1965, by the following
vote:
AYES:
COUNCILMEMBERS: Duffin,Quartiro1i, Wentworth, and Peterman.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Ec~ard,Goodrich and Jordan.
APPROVED:
L~_~~~~
ATTEST:
Q)2-t(}tHIJtd
City C1er
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I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 908
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
5th day of April , 19...2.L., at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official sea) of the City of Gi lroy, this 7th day