HomeMy WebLinkAboutRESO 628..
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'ffr::>OLUTICN 01" THF. BOARD CF Pt'BLIC WORKS OF THE CITY .,;.;.....;.:;..;..;.-;......;;..o,.._.-,-~-----.;..;..,;--~...;...;~;.;;,;.;. ~
OF Pi\LO ,AL'tO IN THE MAT!F:R OF APP.1ICAT!.Q..!._ NO. 370~
~F'ORE THE RAILROAD COM~iTSSICN OF TP.E STATE OF CALIFORNIA. --....... -·-
The Board of fublic works of the City of Palo
Alto DO RESOLVE aa follows:
THAT WHEREAS, the Railroad Commission of the
State or California, eOOd cause therefor appearing,
has s.pr:iointed a rehearing and further dotermina tion
of Appl:tcot1on 113708, being an application or pet1 tion
of the City of Palo Al to for 1m order granting the
privilege of a tempora.ry grade crossing at or nenr the
intersection of Palo Alto Avenue and Alma Streat in
said City over the trac'e<s of the Southern Pac1fi.c
Company, Rnd hos set said time for hoa.ring on the
14th day of 1''Gbruary, 1928, at tb.e <:lty hall in Pe.lo
Alto:
NOV/ 'l"HERBFORF., tbis Bonrd believes 1 t for the
b~st 1nter!Hits of all parties cor:.ce!'.1ed to make the
following statement of 7.'Mts and opinions 1.n sa.1d
matter, for the consideration or said Raq.roact Commission:
The 'tUOStion cf e grade crossing arose undel:'
Application No. ~52, entitled: nin the Matter of the
kppl1cat1on of' the Bos:rd of Suporvisors of Se.ntB. Clara
County, California., fo:r Pe~1ss1on to construct a
Public Highway at grade across the tracks of the
Southern Pacific Company near the City df Palo Alto."
At o. hen:r-ing held unon this matter, the Southern
Pac.1f1c Company made 1 ts offer to const?".lct a subway
at said point., and pay for the ct".instructton of the
s1~bway over its right-of-way, the City of Palo Alto
and the County of Santa Clara to pay for the
appronch0s to sn1d subway.
On Jilly 23, 1913, the Railroad Commission of
the 3tate of CaU fornie. rendered 1 ts decision No. 806
1n snid matt~r and ordered St)parat1on of grades and
a si.lb'.vay to be construe ted at sa,,d. point, the total
eati.mated cost of whi.ch aggregated $26965.00. The
ast:tmat-::id cost to the Southern Paci.tic Company was
~13,440.00} the estimat~d cost of the east approach
on t:r.e oi ty side or the Southern Pacific tracks,
was c911matod nt ~9,000.00, to be borne by said City;
and th•j estimated cost of the west approach to be
borne by the County of 39.nta Clara was $4525.0r).
Theree.:t'ter the City of Palo Alto was auth.ori.zf3d
by the voters of said City, to craate a bonded
indebtedness of i9,000.00 to truce care of the
estimated cost of th~ City. Said subway was, by
the order of said Commission, to be completed w1 thin
eighteen months from t.hc date of said order.
Shortly after said order, the world W11.r
oommenced, a.'ld se.id work WfH'J delayed from time to
time, due to the fact, as alleged by the Southern
Pt\c..ific Company, that 1 t was d1ffi:eul t to obtain
the material ordered :f:rom the East for the construction
of said su'bway.
443
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444
The Ra.1..lroa.d Commisfd.on,, in consequence of
at1d delay, mad.e an. order tor a temporary grade
orotrning at sa11 point. And from year to yeAr ha9
eontinued to ext~11d the time tor the ma1ntenanea of
said temporary grado crossing; that Application No.
3708 was !or th0 purpose of obtaining a further
permit for the tempora.ry grode crose1ng at this
po~nt and was g:rantad by the lta1lroed Corwnission,
with a human flagman to prevent accidents; that after
sa:tct cr·de1• wa:t :'!lac.la, tho roadway le~ding over the
Soiithern Pacific r1ght-<:)f-way to thE1 State liighway
becsme ~ public street of the City of Palo Alto by
rea~on of th~ snn~xat1on of tho territory emorac1ng said
roadway.
That the cost of material and labor has so
la1•gely increased above the cost t:OOr-eof at the time
of making so.id order that it would be 1mpoas1ble to
c<mstruct said subws.y and approaches thereto, for
tht;} sum estimated at that time.
That after said or<:W!' was made, it was fou.nd
that tho change of grades on Alma ~treet and Palo
Alto Avenue, nl!)cessary to construct the o.pproaches
to 3a.1d subway, would groatly damage t::i.e property
adjacent thereto, which demoge wae not est:tma ted or
considered in the or1ginnl estimate of the cost of
sa.id subway.
That nearly fifteen years have passed s1nce
the original order of tha RAllroad Commission w ns
tnnde; that condi tiona have so changed trAt'l.t 1 t would
b~come, and is neces5ary, if n subway is to be
construated s.t that point, to ha11e an entirely new
h~aring ond order made upon said matter; that any
order made would necesaitate an sdd:tt1one.l bond issuo
by tho C~.ty of Palo Alto.
That during the years since the or1eina1
order was made, a grade crossing h~.s been maintained
at this point; that no ~ccidents have occurred; t~at
said point 1s the highost point on the Southern
f'ac1f1c right-of-v11~.y between Monlo Park and Palo Alto;
t.hat traJ.ns approaching .from Menlo Park can 'be seen
f·or s. greet d1stA.nce northerly; that t.rains appronch-
1.ng from tho south can be seen from this c:roasine to
the Palo Alto station, where trains are stopped, and
all the wa.y to a~id crossing; that the tra.i::i.:s of the
Southern Pec:tfic Cor:ipany tr·avel at a low rate or speed.,
due to the fact cf the br1J.ge over tho San !~ranc1.squ1 to
Creek, and. the nearness of the st!lt.1on3 at Menlo Park
and Palo Alto; that the view from said grade crossing
is unoos·cructed, except for a few trees, and is not
nn obstructed view such as exists at the crossings of
strEH~ts w1 th buildings on e.1 ther side thereof, in
cities and towns between San Jose and :)an F'ranc1sco,
and :.uch crossing 1s less. dangerous than other grade
uross1ngs within the City of Palo Alto.
That r~cently a study was r..iade of the grade
crossing question existing 1n the City of Pa.lo Alto,
by representatives of th~ Railroad commission. the
f.·Osrd of Supervisors of Senta ,p~arS; ·Co,ui:ity, the
i:l.igir;. e.y Commission, the City o~.~o, ·1'.l1;'o and the
Southern Pacific Company; that' i't sri1d hearings 1 1 t
was e:xpect~d tha.t a favorable cor.clusion of the grade
c:rossi?'ig matter at Pa.lo Al to Avfmue cou.ld probably be ob-
t.flined by the construction of a bridge over San
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F':ra.nci.!quito Creel< at Alma Streot, and the
building of a subway on the San Mateo County
Side, where the elevation Of the tracl<S Of th~
l\a!lroad. Company-is su.ch thtlt the eonatl"'uctton
or a subway would not be expenaive; that the
grade eroso1ng at Palo Alto Avenue is & ~reat
necessity and oonvan1enoe tb the City of Palo
Alto end 1ta inhabitants, and that said grade
croaaing under no consideration should be
sbol13hed or discontinued.
NOW THEREF'ORE, thia Board 1s of the
opinion that an orde1• of the Railroad Commission
should be made, setting uide and de els.ring 1 ts
Deo1s1on No •. 806 to be no longer 1n force and
effect, and making an ord~r per:-nitting a gr~de
cros!ing &t PAlo Alto ~venue over the ~outhern
Paclf1c tracks, to be maintained 1n such condition as
deemed advisable by the Railroad Comm13sion, and
until f.urther orders of the Railroad Coljmias1on.
in s&.1d mattsr.
The above axid foregoing resolution was duly
passed on February 6, 1928, by the follo·:11ng vote:
AY'~S: Mnrx, Reynolds.
~!OES: Nc1ne.
ABSENT: Beal.
Attest: E. L. Beach
<3!erk
Approved: Che.s. D. Marx
miQ:~elfosrd.
R E S 0 L U T I ON N 0.821 ---------__ .........._.
RESOLUTION OF' THE COUNCIL OF' THE CITY OF PALO ALTO
,!!! 1.~.MA'J'.!~ OF' APPI,!CATION #3708 BEFORE THE RJ..ILROAD
COMMISSION OF THE STATE OF CALIFORNIA.
Tha Council of the City of Palo Alto DO
R'F:SOLV"E as .f'ollows:
'!hat that certP1.1n resolution passed by the
Board of Public Works February 6, 1928, a.dt1.s1ng
the maintenance of grade crossing over the Southern
Pacific right-of-way at Pa.lo Alto Avenue be'"'d
the same 1s here'by approved. /7 ~Ji/ / /
U/l;.J 1-t1t?t1 Mayor
445
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