HomeMy WebLinkAbout12825
, .
I
1#
1
RESOLUTION NO. /.;:;.f' .;;.t2"
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 12786 ENTITLED IN PART "REsOLUTION . . . GRANTING A PERMIT TO
3 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. . . TO CON-
STRUCT A LEAD TRACK AND SIDING ACROSS VICTORIA AVEMUE", MODIFYING
4 THE NOTICE TO COMPANY FROM 10 TO 30 DAYS AFTER WHICH THE STREET
SUPERIHTENDENT SHALL MAn: REPAIRS, DELETING THE lmQUIV1l!MRllTT THAT
5 SIGNAL SYSTEM CONFORM TO THE STANDARDS OF THE CITY, CHANGING THE
WORDS "ELECTRIC DIESEL" TO "COMMON CARRIER", PROVIDING THAT CITY
6 MAY MAKE CERTAIN RJ!:PAIRS WITH NO SUBSTANTIAL INJURY TO THE RAILS
OR roADBED, DELETING THE PROVISION FOR A SURETY BOND, AND PROVIDIN
7 THAT RELOCATION OF THE FACILITIES IS REQUIRED FOR A PROPER GOVERN-
MENTAL PURPOSE.
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
10
SECTION 1. Resolution No. 12786 Section 4 is hereby
11 amended to read as follows:
12
"SECTION 4. That the Atchison, Topeka and Santa Fe Railway
13 Company, and its successors and assigns, shall keep said traCks,
14 the surfacing between the rails and for two feet on each side
15 thereof, in repair, and at all times flush and level with the
16 surface of the street, and all repairs shall be made at the
17 expense of the Atchison, Topeka and Santa Fe Railway Company and
18 to the satisfaction of the Street Superintendent of said City, in
19 case the Atchison, Topeka and Santa Fe Railway Company fails to
20 comply with the instructions given by the Street Superintendent
21 for such repairs within thirty (30) days after service of notice
22 thereof, the Street Superintendent may enter upon the tracks of
23 AtChison, Topeka and Santa Fe Railway Company and do the work,
24 and keep an itemized account thereof, which said AtChison, Topeka
25 and Santa Fe Railway Company, by acceptance of this permit, agrees
26 to pay immediately upon the presentation to said Atchison,
27 Topeka and Santa Fe Railway Company of said account. n
28
SECTION 2. Resolution No. 12786 Section $ is hereby
./
il
I,
ii
I
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
amended to read as follows:
.SECTION 9. That the Atchison, Topeka and Santa Fe Railway
Company, its successors or assigns, is hereby required to file a
written acceptance of the terms and conditions thereof with the
City Clerk of said City within thirty (30) days after the
adoption of this Resolution..
SECTION 6. Resolution No. 12786 Section 10 is hereby
amended to read as follows:
"SECTION 10. The Atchison, Topeka and Santa Fe Railway
Company, its successors or assigns, agrees to relocate its
facilities at its own expense where the relocation of such
facilities is required for a proper governmental purpose."
SECTION 7. Resolution No. 12786 Section 11 is hereby
repealed.
I HEREBY CERrIFYthat the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the ,:{ yj day of
, 1977, by the following
meeting thereof, held
vote, to wit:
AYES:
Councilmen ca)&/h('< ~~A/' ~kJ?4
~J'... . ~ cd .//_~ .x#..k~/./J
~/-..~ ;;;:-J/~..J
NAYS:
ABSENT:
. . . . .
. . . e. .
-3-
il . . -.
1 amended to read as follows:
2 "SECTION 5. That the Atchison, Topeka and Santa Fe Railway
3 Company, and its successors and assigns, shall conform at all
4 times to the City of San Bernardino's engineering street improve-
5 ment plans, including widening and change of grade, and shall do
6 all work within the City's street rights of way as set forth and
7 approved in this Resolution 1 and shall at its expense maintain
8 the surface, align, realign, rework, repair, construct, recon-
9 struct, locate, relocate and maintain the tracks and roadbed, in
10 order to conform to the standards and requirements of the City
11 of San Bernardino, and further shall complete said work within
12 six months after notice of the location and description thereof
13 by the City."
14 SECTION 3. Resolution No. 12786 Section 6 is hereby
15 amended to read as follows:
16 "SECTION 6. That the railroad to be operated under said
17 permit shall be used for the transportation of freight, and all
18 commodities that can be conveniently handled by a common carrier
19 railroad. "
20 SECTION 4. ReSOlution No. 12786 Section 7 is hereby
21 amended to read as follows:
22 "SECTION 7. That the City, in making the grant of this
23 permit, expressly reserves the right to pave, macadamize, or
24 remove, reconstruct or install, any or all underground utilities
25 or storm drain pipes thereinl such work shall be done so as to
26 cause no substantial injury to the rails or roadbed of the
27 AtChison, Topeka and Santa Fe Railway COmpany."
28 SECTION 5. Resolution No. 12786 Section 9 is hereby
-2-
-~"'~=-
I
I .
.
1
2 of
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
?~
,
day
oreqoinq resolution
his
, 1917.
an Bernar 0
, '=. i:1
.\.
\.~.~~ ~16~.."-
i.'??L?~!~~':J~:::"'=
-4-