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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 -1- 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. -2- MAYOR OF THE 'IT OF AN Anaheim approved affixed the seal CITY CLERK OF THE CITY OF ANAHEIM