1965-219RESOLUTION 65R- 219
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM OPPOSING ASSEMBLY BILLS
346 AND 431 RELATING TO THE APPORTION-
MENT 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 Com-
mission 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 main-
tenance expense between the railroads and public agencies in
the same proportion as the cost of constructing or altering a
grade crossing; and
WHEREAS, Assembly Bill 346 would apply to grade cros-
sings constructed or altered since October 1, 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 cros-
sing; and
WHEREAS, it has been the policy of the Public Utilities
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 interferred with and traf-
fic 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 Bill 431 purports to apportion the
costs of construction 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
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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 without causing an extraordin-
ary amount of maintenance to the highway.
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Anaheim that it does hereby declare and state
that the City Council of the City of Anaheim is opposed to
Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of the
City of Anaheim is opposed to Assembly Bill 431 insofar as it
attempts to apportion construction costs for that area within two
feet outside each rail at grade crossings to public agencies.
BE IT FURTHER RESOLVED that a certified copy of this
resolution be prepared and sent to the Honorable John G. Schmitz,
State Senator, and to the Honorable William E. Dannemeyer, the
Honorable James E. Whetmore and the Honorable Robert E. Badham,
State Assemblymen from Orange County.
THE FOREGOING RESOLUTION is approved and signed by
me this 23rd day of March 1965.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ANAHEIM
(SEAL)
CLERK OF HE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a regular
meeting of the City Council held on the 23rd day of March, 1965, by the
following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Pebley.
AND I FURTHER CERTIFY that the Mayor of the City of
and signed said resolution on the 23rd day of March, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
of the City of Anaheim this 23rd day of March, 1965.
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MAYOR OF THE 'IT OF AN
Anaheim approved
affixed the seal
CITY CLERK OF THE CITY OF ANAHEIM