HomeMy WebLinkAboutAgenda Report - July 2, 2003 I-05CITY OF LODI�q: u
COUNCIL COMMUNICATION
AGIENDA TITLE-. Adopt Resolution Authorizing the City Manager to Execute an Amendment to the Memorandum
of Understanding between the City of Lodi and Various Railroads Approved by Councii on
September 18, 2002
MEETING DATE. July 2, 2003
PREPARED BY Public Works Director
RECOMMENDED ACTION. That the City Council adopt a resolution authorizing the City Manager to execute an
amendment to the Memorandum of Understanding between the City of Lodi and
Union Pacific Railroad Company (UPRR), Euriington Northern and Santa Fe Railway
Company (BNSF), and Central Caiifornia Traction Company (CCT) approved by
Council on September 18, 2002.
BACKGROUND INFORIMATIONl On September 18, 2002, Council adopted a resolution authorizing the City
Manager to execute a Memorandum of Understanding (MOU) between the City
of Lodi and the Raiiroads. The MOU set forth terms and conditions under which
the City would be authorized to remove and abandon the existing railroad tracks
along Lod! Avenue between the UPRR mainline and a point approximately 200 feet easterly of Cherokee Lane.
Snortiy after the MOU was executed. the tracks were temporarily paved aver by City crews to improve safety and
driveability along this corridor.
=.-he existing N40U allows the Raiiroads and the City to construct agreed upon alternative improvements in lieu of
rehabilitating and reopening the existing Kentucky House Branch (KHB) railroad and accompanying switchyard
facilities. The alternative currently being considered includes rehabilitating the existing CCT short line between Lodi
and Stockton In accordance with the original MOU, the Railroads would facilitate the construction work and bill the
oily for each progress payment Aside from a reduced project cast to the City, this alternative would further enhance
Central Citv iail safety by eliminating five (5) additional vehicle crossings aiong Lockeford Street and all east and
westbound rail traffic between the UPRR mainline and the CCT Mainline.
Selection of the above mentioned alternate plan would sigriificantiy reduce the design and property acquisition costs
associated with the original Rail Plan It is anticipated the cost savings to the City will exceed the additional funds to
be provided to the Raiiroads by the City. as outlined in the Amendment to the MOU. Therefore, appropriating
additional funding is no; required as part of this Couiicil action.
-7he Amendment to the MOU does not change the terms and conditions of the original MOU, unless the City and
Railroads mutually agree to implement alternate rail improvements.
Staff recommends Council adapt a resolution authorizing the City Manager to execute the Amendment to the MOU
between the pity and the Railroads approved by Council on September 18, 2002.
FUNDING No additional appropriations are needed.
8
Richard C. Prima.
Public Works Director
!-�repared by Chiarlle Swimley Senior Civil Engineer
RCP/C�ESlpe cif
Attachment
cc: Randy Flays, C1, , --ney
i:=. Waliv Sandelin, City Eni
UZIZIMIMM
Wes Fujttani. Senior Civil Engineer
H.`Dlxon' lynn -- City manager
Sharon Welch, Senior Civil Engineer
CActree,nent:A nendmer:1 wi1W03
(Draft) AMENJ
WIJEIa EAS on. Septcrtiber 18, 2002 the City of Lodi, a municipal corporation of the State
c f C atifotula, (heveinafter r f rictl to as "City"), the Central Califorwa Traction Corr pany
("C'(. a Califoraia c oij)orabon owned iointly by The BLL lington Northcrn and Santa Fe
Rail,v,,ay C:onipanzy ("�BNSF°'-) and the L,fn.oii Pacific Railroad Company ("UP"), both .UP and
B Sar boing i_)c.iaware corporations, (CCT, I jP and BNS ' hereinafter referred to coltecovely as
"Ral oids") erit.ei�ed into a nienioranduni of Lind*rstandiri (hereinafter referred to as "MOC"}
thy,, t� i peis� of �� l ich �,w�ts to et foul the terms and conditions tinder which Cd��.C� �woukl be;
allmved to retiiov CCT's rail Eine from Lodi .Ave and the City would provide funding for
1 E"tciiities as cdcwrIbed oii . xhibit A. to the I .OLJ and referred to therein and herein
—S th..c, "Raip Nan"; and
WHEREAS, Section 71 of the i OU allows Railroads and City to inake alternate
!inproveilients M pieta of rehabilitating and reopening that line of railroad referred to in the i� OU
as tht Kentucky Rouse Br,,nch (" KTIB-) as described within the Rail Plan; and
',VHS R4—AS, Railroads and City agree that the selection of an alternate plat by the,
Rw'lro,id lvvM signif catitiy €`ed.tace the cost to the City referred to in Section t of the MOU
re°la(.ed to ii.=_ n-eehn- design work on the Raii Plait and for procurement of property required to
build ii connection bcttx;(;czi the ;rishn's, CC`.i' railroad line and the KHB; and
WHEREAS, City is willing to increase the funds provided to the Railroad by City if the
REaflro tOs, at their sole discretion, choose to implement a plan that does not re,bu lcdln- CC
t v XI . i B ,
NOW, THEREFORE. it is mutually agreed and understood by and between City and
Ri.ilr-oages:
in the event that Railroads choose, a rail plan that continues to provide rail service to the
City of is-odi; Califoi-ilia., but cites not include txaat portion of the current Rail Plan that requires
r lat.latiit:F::t.:ic�ti and reopening of We 1CHB, them. the MOM shall he amended as follows:
I. 0-tv shall not be obligated or required to provide any engineering design work
Esther than is €lecquircd for traci� constmaJon ai d track rearrangement along Lodi Aveniae east of
Bc;t:k.man. Road,
J SmIlion 5 of the N40t), that requires purchase by the City and deeding over to
CA -1- the necessary property for a rail connection between the K.H.B and the CCT, shall he
de"eted in its entirety and NId for naught,
Hannon"
I -be t"wids provided to Railroads by City under Section 6 of the MOU shall he
inemased from $6, 694, 00(b $M92,000.
17xcept as specifically changed and provided for herein, the MOU shall remain in full
force and effect, This amendment shall be effective as of June --,1..- 2003.
kc
, 'cepted For:
City of Lodi. a municipal corporation
(Slgaatwre)
Namc: H Dixon I`Ynn
Tiflc. City
Approved as to Fomi:
Randall' A. 1 -lays, City Attorney
S
,usan J. Bhackston, City Clerk
Accepted For:
Union Pacific Railroad Company
(Signature)
Accepted For:
Central California Traction Company
(Signature)
Name:
Title: President
Accepted For.
The Burlington Northern and
Santa Fe Railway Company
(Signature)
Nami��:
Title:
RESOLUTION NO, 2003-119
WHEREAS, on September 18, 2002, the City Council adopted a Resolution
authorizing the City Manager to execute a Memorandum of Understanding (MOU)
between the City of Lodi and Union Pacific Railroad (UPRR) Company, Burlington
Northern and Santa Fe Railway Company, and Cential California Traction (CCT)
Clompany to construct railroad track improvements to facilitate the abandonment of the
existing Lodi Avenue railroad tracks as part of be Lodi Central City Railroad Safety
Improvement Project; and
WHEREAS, the MOU set forth the terms and conditions under which the City
would be authorized to remove and abandon the existing railroad tracks along Lodi
Avenue between UPRR mainline and a point approximately 200 feet easterly of
Cherokee Lane. Shortly after the MOU was executed, the tracks were temporarily
paved over by City crews to improve safety and drive -ability along this corridor; and
WHEREAS, the alternative currently being considered includes rehabilitating the
existing CCT short line between Lodi and Stockton, and in accordance with the original
COU, the Railroads would facilitate the construction work and bill the City for each
progress payment; and
WHEREAS, aside from a reduced project cost to the City, this alternative would
further enhance Central City rail safety by eliminating five (5) additional vehicle
crossings along Lockeford Street and all east and westbound rail traffic between the
UPRR mainline and the CCT Mainline; and
WHEREAS, the selection of the above-mentioned alternate plan would
significantly reduce the design and property acquisition costs associated with the
original Rail Plan,
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
auqhorize the City Manager to execute an amendment to the MCU between the City of
Lodi and various Railroads approved by the City Council on September 18, 2002.
Dated: July 2, 2003
I hereby certify that Resolution No. 2003-119 was passed and adopted by the
Lodi City Council in a regular meeting held July 2, 2003, by the following vote."
AYES: COUNCIL MEMBERS — Beckman, Jansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT. COUNCIL MEMBERS — None
ABSTAIN- COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk