HomeMy WebLinkAboutReso 1976-8093RESOLUTION N0. 8093
RESOLUTION OF THE CITY COUNCIL OF 3'~iE"CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY
FOR CROSSING AT WOODLAWPI AVENUE AND "F" STREET MILE
POST 36B-7.65-X-N
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, for installation of
warning devices on F Street immediately west of the intersection with
Woodlawn Avenue
dated the 23rd day of March 19 76 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the sum of $8950 be, and the same
is hereby appropriated and authorized to be expended from the unappro-
priated balance of 2106 Gas Tax funds.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
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William J. Robens, Director of
Public Works
Approved as to form by
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Geor e D. Lindberg, City A rney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 23rd day of March , 1976 , by
AYES : Councilmen Egdahl , Scott, Hobel , Hami 1 ton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
~.~
Mayor of the City of Chula Vista
_ ~.,
-~ City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
~tue and correct copy of Resolution No.
and that the same has
not been amended or repealed. DATED
City Clerk
I3AF - VI - 1/28/76 - 48340/321-2
~ ~
Mile Post 368-?.65-%-N
THIS A+GREBMRNT, made this 23rd day of March 1976
by and between 8AN DIlCCt3 & ARI NA A3TSEtN N1A , a corpora- ~
tion, herein termed "Railroad", and CITY CI' CHULA VISTA, a municipal
corporation of the State of California, address: City Hall, Chula Vista,
California, herein termed "City";
RRCITALS:
The parties hereto desire to evidence by this
instrument their agreements with respect bn the installa-
tion of warning devices at the crossing of "y't' Street,
over tracks and property of Railroad, at or near Chula
Vista, in the County of San Diego, State of California
(Crossing No. 368-?.65).
AC•R+TT:
NON, THMR~'t~RF, it is mutually agreed as follows:
1. Railroad shall furnish all necessary labor, materials, tools and
equipment to install and shall install one (1) flashing light grade cross-
ing signal with additional light unit mounted on cantilever arm, together
with necessary actuating and operating circuits and adequate instrument
housing, hereinafter referred to as "signal", at said crossing. Said
signal shall be located approximately as indicated on the print of Rail-
road's Drawing No. 5-1822 dated August 8, 19?5, attached and made a part
hereof. Installation of and all materials for said signal shall be in
accordance with Railroad's usual standards.
City agrees to reimburse Railroad for fifty percent (50~) of all cost
and expense incurred by Railroad in connection with the furnishing and
installation of said signal.
2. Notwithstanding the apportionment of construction and maintenance
costs to be incurred by Railroad as hereiaabove set forth, should City be
allotted federal funds for all or a portion thereof, Railroad shall be
reimbursed in accordance with applicable laws and regulations; and Rail-
road's right to reimbursement shall not be limited by any other provision
of this agreement.
City shall reimburse or arrange for reimbursement to Railroad prompt-
ly upon receipt of bills for City's share of construction expenses in-
curred by Railroad.
City upon being informed that an allotment of said funds has been
made tc City for construction or installation hereiaabvve contemplated,
shall immediately notify Railroad of such allotment.
3. following execution of this instrument, Railroad will order the
delivery of all materials required to perform the work contemplated here-
in and shall submit to City a bill for eighty percent (BO~i) of City's
share of the estimated cost of materials to be furnished by Railroad.
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As aeon as the signal has been placed in operation, Railroad shall
suTaaxit to City bills #or eighty percent {8096) of City's share of
the estimated cost of applicable labor #urnished by Railroad.
Following coapietian of audit, Railroad shall submit to City a
final bill #or the actual total cost of the work performed by Rail-
road, less the progress payments made by City hereunder. City shall
pay all of such bills promptly.
In the event progress payments made by City exceed the audited
total, #inal cyst, the di##erence ssball be promptly re#unded to City
by Railroad.
4. The work to be per#ormed by Railroad hereunder shall be con-
ateneitd as soon as labor and materials are available, #ollowing execution
of this instrument, and shall be completed within one {1) year thereafter.
5. Alter ine~ttallation of said croBSing signal has bean completed,
Railroad shall physically maintain same so long as it remains in piece.
Irvespe~cti~-e of the source of construction #unds and the resultant
method of apportioning the cost of constructing the crossing signal,
the cost of ataintaining said signal shall be borne and paid #i#ty percent
{gA~) by Railroad and #i#ty percent {30~',) by City; and City's liability
fvr such maintenance cost shall be limited to such #unds as are set aside
for allocation by the Cali#ornia Public Utilities Commission pursuant to
Section i231.i of the Cali#ornia Public Utilities Cod®, provided that if
fedrral #unds for maintenance become available, Railroad shall be reim-
bursed to the extent of such availability. The precise manner and method
of determining applicable charges, manner and method of paym®nt and other
procedures under said section shall be governed by any applicable decisions
of the Cali#ornia Public Utilities Commission.
6. This agreement shall be binding upon and inure to the benefit
of the sucaestsors and assigns of Railroad and the assigns of City.
IAT WITNESS WHbR~F, the parties hereto have caused these presents
to be executed in duplicate the day and year #irst herein written.
8AN DI ~iRIZON ~,TAST£RN RAILWAY
COMP ,
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CITY o VIST
'`~ ` Mayor
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SAN DIEGO & ARIZONA EASTERN RAILl~/~Y -:COMPANY
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45 - 12TH AVENUE, SAN DIEGO, CALIFOR171A"~327O1 • ~ '
R. G. THRLISTON ~ ~" ;f IN REPLY PLEA6E REFER T^
VICE PRESIDENT AND GENERAL MANAGER 14 ~ ~ ~ "'' ~ ~ J /~~I'~ li ` `
W. T. HARRAL
6l1PE RINTENDENT Ma.y 17, 1976 W.O. 24.1-.2
Mr. William J. Robens
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
SUBJECT: Installation of Warning Devices at
"F" Street in Chula Vista (PUC No.
36B-7.65) Your file AY 029
Dear Sir:
Please refer to previous correspondence,
above subject,
Attached hereto, please find one copy of a
fully completed Agreement covering proposed
installation of appropriate warning device
at 'iF" Street in Chula Vista. Attached
copy is for retention in your files.
Yours truly,
l~,
W. T. HARRAL
Superintendent
KC:do
Attachment
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