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HomeMy WebLinkAbout1986-12-09; City Council; Resolution 88971 2 3 4 5 6 7 8 9 10 11 12 13 14 1E 1E 17 1E 19 2c 21 22 22 24 2: 2e 27 2e 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 -2-