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HomeMy WebLinkAboutRES NO 31-93RESOLUTION NO. '~ ~ 1- 9 3 RESOLUTION AUTHORIZING EXECUTION OF CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY WHEREAS, the City of Bakersfield submitted a nomination to the California Public Utilities Commission (CPUC), by letter dated November 15, 1991, to qualify for funding assistance through the CPUC's grade separation program to construct an overpass at Coffee Road and the tracks of the AT&SF Railway Company (PUC No. 2- 891.6); and WHEREAS, said project received a final priority ranking of 12 for fiscal years 1992/1993 and 1993/1994 for said grade separation program; and WHEREAS, to qualify for funding under this program for fiscal year 1992/1993, several documents need to be completed and provided to the California Transportation Commission (CTC) by April 1, 1993, including a fully executed Construction and Maintenance Agreement with the AT&SF Railway Company (Santa Fe); and WHEREAS, the City is presently negotiating said agreement with the Santa Fe, and execution of the agreement by the Santa Fe is anticipated shortly before April 1, 1993; and WHEREAS, to ensure submission of a fully executed Construction and Maintenance Agreement to the CTC by April 1, 1993, advance approval of the agreement and authorization for the Mayor to execute said agreement on behalf of the City is needed; and WHEREAS, the City Attorney has reviewed an example form of said Agreement, a copy of which is attached hereto, and has approved said example Agreement as to form. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The City Council approves the Construction and Maintenance Agreement with the AT&SF Railway Company for the construction of a grade separation structure at Coffee Road and the Santa Fe rail crossing, and authorizes the Mayor to execute said Agreement on behalf of the City. .......... o0o .......... -1- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of t~ C~y~f Bakersfield at a regular meeting thereof held on R _ , by the following vote: AYES: COUNCILMEMbERS: EDWARDS, DeMOND, SMITH, BRUNNI, KANI[, M~31~RMQTT/~ALVAI~10 NOES: COUNCILMEMBEPS /'V ~ .N ~:~ ABSENT COUNCILMEMBERS: /~ ~ AJ ~ - ABSTAIN COUNCILMEMBERS' k~ 0~J E CITY CLERK and EX OFFICIO/CLERK of the Council of the City 6'f Bakersfield APPROVED MAE ~ 4 ~9~ BOB PRICE MAYOR of the City of -Bakersfield APPROVED as to form: LAWRENCE M./LUN;[RDINI CI~ATTOR~Y of the City of Bakersfield FLK.mro COFFEERD.RES 03/19/93 -2- ORIGINAL