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HomeMy WebLinkAboutReso 1966-4206Form No. 342 RESOLUTION N0. 4206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY AND THE COUNTY OF SAN DIEGO FOR MOSS STREET CROSSING PROTECTIVE DEVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the San Diego & Arizona Eastern Railway Company and the County of San Diego for the installation of protective devices at the Moss Street Railroad crossing near the City of Chula Vista dated the 30th day of August 19~_, 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 Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. BE IT FURTHER RESOLVED that the approval and execution of this agreement is undertaken in accordance with California Public Utilities Commission Decision No. 70549 and does not affect the policy position of the City of Chula Vista of long standing regarding participation in such projects beyond the boundaries of the City of Chula Vista. Presented by -, -~ i ~i'' La e Cole, City Engin er Approved as to form by George ]~;C Lindberg, City At ~ney -1- ~ ~l~ ADOFTE'J AND APFRO~JF~D b_v thti. CITY COUNCIIr of the CITY OF CH(JLA VISThy CAl~IFORNI.A, this 4th day of to-wito October :966 , by the following vote, AYES Councilmen Sparling, Sylvester, Anderson, McAllister NAYESo Councilmen McGorquodale ABSENTo Coainci.lmen None __~ -~ -~ ,~ ~ ~ ~ _ __- ~'Iayor of the City of China Vist ATTEST '_~_ ._.- -~- { cc City Clerk STATE OF CAT,IFORNIA COUNTY OF SAN DIEGO g ss, CITY OF CHU3,A VISTA. ~ I, KENNETH po C.4'~1FBEL~, C;_ty Cler?c of *_he City of Chula Vista, California, DO HEREBY CERTIFY' that the abo~~e ar:d foregoing is a full, true and correct copy of or repealed. DATED o ., and that the same has not been amended City Clerk CC-652 ~ ~{ao~ RAF - YI - ~3/12/6S •- 936~j3Z1-~ ~~~t ~ AGRRiCfU~T, made this ~ ~ day Of~.~~ ,• ~ ~........, 1966, by and between SAR DISC ~ ARIgtStA T~ILS'!'EitU RAIL~AY~ , s corpora- Lion, herein termed !'Ratilroad", ~'~ ~' SAC DI~GQ, apolitical sub- divi+siom of the State ©f California, herein termed pCcuaty", a3ad CIT9" 0~`~ YYi~TA, s municipal corporation of the Mate of California, hex~eia tear~-ed ^Citpw; O ~~ ua 1 tl O p 'fhe parties hereto desire to evidence by this instru- z ~ ~ meat their agreee[ents with r®sgect to t~ installation of ,~ a ° protective devices at the crossing of 1[n-ss Street over the ,~ ~ tracks and gropertg of Railroad, at oz near Chula Xista, in0 Z o ta~hQ¢e~aCounty of Salt }.ego, State of Cali#ornia {Crossing Rio. ~- ~' 4 ~Tf7~S7 . 1; • Z M AV+~T ~F ~ n ,..-...~....-~ V ~ ~i4wi T$$~4R$, it is mutual~.y 8greed as foliose; ~ 1. ~aiirnad shell fura~ all n~eeraary labor, materials, tools and equipment to isstsll, and shah install, two flashing light grade crossing signals equipped with automatic gate eras, together With actuating aAd operating cirCt~ite wed adequate instrument housing at said crossing. 8ueh si,gtstls shall be located apiproximately as indicated in red on the print of Rai7:rnad's Drawing 8-1S5S, dated April. 2?, 1966, attached sad made a part hereof. ~, County nerd City each agreasto reimburse Railroad promptly upon receipt o#: bills therefor for twenty-five per cent (R5~) of ail cost and eaGpease incurred by Railroad in coxtnectian with the furnishing and installation of said flashing light signals with automatic gate arms and appurtenances. 3. After work contemplated hereunder has been completed, Railroad shall maintain said signals so long as they remain in place. County and Gity each shall pap twenty-five (25'x) of the cost of such ~aaiatenance if allocated funds, as provided in Section 1.231.1 of the Public Utilities Code, are asvailab7.e , 4. the work contemplated hereunder is being performed and this agreement is entered into pursuant to the California Public Utilities Commission Decision ~Io. ?4549. ~^ 2 ~a~~ ~ RJIF ~• YI - ~/laJcs - 83B4/3~1-.~ 5. The work to be pexform~ed by 8a.ilrcaad hereunder shall be coa+- ~tet~ced as s~ors n.s labor and materials arc available ~©llow~.~ag execution of this agreea-ent anal shad be ecsmpleted withfn one (I) year thereafter. 6. '~Eatis agre~awent shall be 8indit~g ~a and in~e to the benefit of the succe~atsors and asa3.gns of Railroad and the assigns of County anQ City. lR wITl~RRSt , the parties h~zr~etg have caused these presents ts~ be ~cecuted in triplicate the day.asd gear first herein written. Rte' ~l~ 1k ;~T~Q~tA RAR~'P~N 8A2Lg'AY t~Q d11Y is Preside & Gene al E~anage~ At e6#>-- ~~ .s ~'"'~'8ecr'e~a y ~ QF BADt 2fIRC0, By f ~ , ~ r o .rperv -sore l i ~Z7.er r a uperv~"soxs By-> f ~ ~ ~ ~,-- ~- ~,L.. - t,y ~ r yor ~.~, .~~~ er - 2 -. ~ U~