HomeMy WebLinkAbout10221 1 RESOLUTION NO. J
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER-
NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE CITY
3 OF RIALTO, A MUNICIPAL CORPORATION, AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, A CORPORATION, RELATING TO THE INSTALLATION OF FLASHING LIGHT SIGNALS
4 AND AUTOMATIC GATES, AND WIDENING AND IMPROVEMENT TO PAVED WIDTH OF 40 FEET, ON
EUCALYPTUS AVENUE AT PUC CROSSING NO. 2-84.2.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER-
G NARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby author-
8 ized and directed to execute on behalf of said City an Agreement between said
9 City and the City of Rialto, a municipal corporation, and the Atchison, Topeka
10 and Santa Fe Railway Company, a corporation, relating to the installation of
11 flashing light signals and automatic gates, and widening and improvement to
12 paved width of 40 feet, on Eucalyptus Avenue at PUC Crossing No. 2-84.2, a copy
13 of which is attached hereto, marked Exhibit "A" and referred to fully as though
14 set forth at length herein.
15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
16 Mayor and Common Council of the City of San Bernardino at a
17 meeting thereof held on the day of y 1970, by
18 the following vote, to-wit:
19 AYES: Councilmen '?
20
21 NOES: �L D
n
22 ABSENT: /
23
24 — f
25 City er
26 The foregoing resolution is hereby approved this ay of
1970.
27
28 f . c
G /
29
Mayor of the City of an Bernardino
30 Approved as to form:
ai ,r'c c
31
32
��-- ��� APR 2 11970
�'
City Attorney LUCIL7jA G+OFORTH, City Clerk
f ' THIS AGREEPIEr� made this 6th day of
April 1970 , by and between THE
ATCHISON) TOPEKA AND SANTA FE RAILWAY COMPANY,
a Kansas corporation, hereinafter referred to
as "Santa Fell and CITYS OF RIALTO AND SAN
BERNARDINO,municipali.ties, in the State of
California, hereinafter referred to as "Cities".
WITNESSETH:
WHEREAS, Cities propose a program of widening and improvement
to paved width of 40 feet that portion of Eucalyptus Avenue on each side
r
of and including the crossing -of Santaf Fels tracks, designated by Public
Utilities Commission, State bf California as Crossing No. 2-84.2, and;
WHEREAS, Santa Fe and Cities are in accord as to said program,
and Santa Fe is willing that Cities, or Citysl Contractor, do all work
under said program except -preparation of Santa Fe's tracks to receive
paving, placing of header planks and installation of two flashing light
signals and automatic crossing gates.
NOW THEREFORE IT IS AGREED:
1. Cities, or Cityst Contractor, will do all work under said
program, including placing of pavement within track areas of said crossing,
except that work hereinafter specified to be done by Santa Fe.
2. Cities, or Citys.► Contractor, will comply with Santa Fe►s
. rules and regulations and instructions of Santa Fe's representatives in
relation to proper manner of protecting Santa Fels track and traffic
moving thereon, as well as wires, signals and other property of Santa Fe,
or its tenants or licensees, at or in vicinity of the work during the
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period of construction o1= said improvement, and shall perform the work
in a manner satisfactory to Santa Fe or its designated representatives,
and at such times as shall not endanger or interfere with safe and timely
operation of Santa Fe's tracks and other facilities.
3. Santa Fe will at its expense prepare its tracks to receive
paving, including placing of header planks to width of existing crossing
being average of 24 feet.
4. Santa Fe will at expense of Cities, place header planks, in
addition to those specified to be placed in above Paragraph 3, to
accommodate paved width of 40 feet.
5. Santa Fe will, at equal 'expense of Santa Fe and Cities,
remove existing crossing protection and install two flashing light signals
supplemented by automatic crossing gates.
6. Work specified to be done in above Paragraphs 4 and 5 by
i. Santa Fe shall be done as soon as practicable, considering completion of
said program, availability of materials and manpower, and in consideration
thereof Cities by apportionment agreement between themselves will pay to
r
Santa Fe, (a) the actual total cost of work specified in said Paragraph 4
j presently estimated by Santa Fe to be One Thousand One Hundred Forty Six
($1,146.00) Dollars, and, (b) City of Rialto 25% and City of San Bernardino
25" of the actual total cost of work specified in said Paragraph 5, which .:
total cost is presently estimated by Santa Fe to be Twelve Thousand One
Hundred Fifty Two ($12,152.00) Dollars.
7. That upon completion of the work specified in above
Paragraphs 4 and 5, Santa Fe will render Cities a bill for its costs
and Cities will promptly reimburse Santa Fe for such costs.
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' 5...
8. Santa Fe will at its expense maintain street paving
` between rails of the tracks and for two feet outside thereof.
9. After installation of railroad crossing protection signals
and appurtenances under terms of this agreement, Santa Fe shall physically
maintain same so long as they remain in place. The maintenance cost of
said signals and appurtenances shall be divided in the same proportion as
the cost of constructing such automatic grade crossing protection as pro-
vided in Section 5 hereof, in accordance with Section 1202.2 of the
California Public Utilities Code.
10. Cities will at their expense maintain any street improvement
within said crossing other than specified to be maintained by Santa Fe
in above Paragraph 8.
IN WITNESS WHEREOF, THE CITIES OF RIALTO AND SAN BERNARDINO
have caused these presents to be executed by their duly qualified and
authorized officials pursuant to authority regularly granted them by their
City Councils and THE ATCHISON, TOPEKA AND SANTA FE RAI IAY CO11PA1,dY has
executed these presents both as to year and day first above written.
THE ATCHISON, TOPEKA AND SP.NTA FE RAIL^STAY COI,IPANY
� r~•r•"` �.n„w:�rr Its
r�r��r, •� tr%� r � . CITY RIAhTO/j
L
FRANK LOWELL
Its MAYOR
CITY OF .PAN BERNARDINO
By.
Its
1
ATTE�,T: As
CI LERK JIMMIE W. FROST_
_i