HomeMy WebLinkAbout1986-12-09; City Council; Resolution 88971
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e RESOLUTION NO, 88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AN APPLICATION BY THE CITY
TO THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA FOR AN ORDER AUTHORIZING CONSTRUC- TION OF THE SEPARATION STRUCTURE OVER THE MAIN LINE TRACKS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AT AVENIDA BATIQUITOS.
WHEREAS, the City of Carlsbad proposes to construct a railroad
crossing at separated grades between Avenida Batiquitos and the
railroad tracks of The Atchison, Topeka and Santa Fe Railway Com-
pany; and
WHEREAS, the actual construction of the crossing at separated
grades will be performed by Sammis Properties and its contractors
as part of the comprehensive development of the project known as
Batiquitos Lagoon Educational Park; and
WHEREAS, the City of Carlsbad will arrange financing through
the formation of an assessment district and the sale of bonds; and
WHEREAS, the tracks are the property of The Atchison, Topeka
and Santa Fe Railway Company; and
WHEREAS, no public road, highway or street may be constructed
over and across the tracks of any railroad corporation without
first having secured the permission of the California Public
Utilities Commission: and
WHEREAS, Streets and Highways Code Section No. 989 and Section
Nos. 1800 et seq. provide that the City of Carlsbad shall have. --
jurisdiction over the construction and maintenance of all City
streets in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad, as follows:
1. All of the above recitals are true and correct.
.,.
Exhibit 3
2. The Mayor is hereby authorized to execute and verify on
behalf of the City of Carlsbad, an Application by the said City to
the Public Utilities Commission of the State of California for an
Order authorizing construction of a separation structure over the
mainline tracks of The Atchison, Topeka and Santa Fe Railway Com-
pany at Avenida Batiquitos.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 9th day of December , 1986, by the
following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Kulchin, Pettine and Mamaux
ABSENT: None
4TTEST:
CLAUDE A. LEWIS, Mayor -
: SEAL )
APPROVED AS TO FORM:
iPPROVED AS "0 F. BIONDO, JR., CITY ATTORNEY
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