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Resolution 2002-05 RESOLUTION NO. 2002-05 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND THE CITY OF GILROY RELATING TO THE IMPROVEMENTS TO THE GRADE CROSSING OF LUCHESSA AVENUE AND THE RAILROAD'S COAST SUBDIVISION SPUR LINE WHEREAS, the City of Gilroy, California (the "City"), has expressed an interest in participating in the installation of a new crossing surface at the grade crossing ofLuchessa Avenue and the Railroad's Coast Subdivision Spur Line at MP-79.05-C (DOT 755190S); and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the improvement to the above mentioned crossing and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. The Agreement is hereby approved and the Mayor or the City Administrator or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Administrator, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto. Section 2. The Mayor, the City Administrator, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions therein authorized. RESOLUTION NO. 2002-05 -1- Section 3. The City Clerk ofthe City shall forward a certified copy of this Resolution and an originally executed Agreement to: Patrick A. Kerr Manager Industry and Public Projects Western Region Headquarters 10031 Foothills Boulevard Roseville, California 95747 Section 4. This resolution shall take effect inunediately upon its passage. PASSED AND ADOPTED this 7th day of January, 2002 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: -----11-.. W~' Thomas W. Springer, May ,;~l: ,19, . ',. .. ? 'JWPU_-U:'~-f--A. Rhimda Pellin,'City Clerk RESOLUTION NO. 2002-05 -2- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-05 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of January, 2002, at which meeting a quorum was present. the City of Gilroy this 8th day of January, 2002. ();; ..) ~~::;r;;ulc, [f;/-U:Ar-- City Clerk of the City of Gilroy (Seal)