HomeMy WebLinkAboutCC Reso No 1965-1162
RESOLUTION NO .//;.; c<'_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ELSINORE 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 Commission 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 maintenance 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 crossings con-
structed or altered since October I, 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 crossing;
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 rail-
roads in that the railroad is given the unregulated right of way over vehicular
and pedestrian traffic using the publ ic highway; and
WHEREAS, vehicular and pedestrian traffic using the public highway
at a grade crossing is interfered with and traffic 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 con-
struction 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
WHEREAS, the railroad Should bear such cost because special Construc-
tion is needed in such area in order to permit trains to pass over the highway
without causing an extraordinary amount of maintenance to the highway.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Elsinore that it does hereby declare and state that the City Council of the
City of Elsinore is opposed to Assembly Bill 346.
BE IT FURTHER RESOLVED, that the City Council of the City of Elsinore
is opposed to Assembly Bill 431 insofar as it attempts to apportion construction
costs for that area with 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 Gordon Cologne, State Senator, and to the
Honorable Craig C. Biddle, State Assemblyman from Riverside County.
THE FOREGOING RESOLUTION is approved and signed by me this 5th day of
Apr iI, 1965.
CITY CLERK OF THE CITY OF ELSINORE
MAYOR OF THE CITY OF ELSINORE