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Council Resolutions 1499
RESOLUTION NO. /y Qq A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN ODOT CROSSING NUMBERS C-446.35 and C-447.70 Recitals: A. The Oregon Department of Transportation(ODOT)has issued two orders associated with the Twin Creeks Rail Crossing. Order C-446.35 specifies the specific equipment and plans that are to be used for the new equipment and specifications for the Twin Creeks Crossing as well as the City's construction obligations. Order C-447.70 is the order and associated plans for the closing of the existing Seven Oaks Crossing. B. ODOT requires the City of Central Point to approve both orders prior to final issuance. C. The Orders obligate the City to pay its match for the Twin Creeks Rail Crossing Project and to fund the closure of the crossing at Seven Oaks. The City of Central Point resolves as follows: Section 1.Authorize the City Manager or his designee is authorized to execute the ODOT Crossing orders Nos. C-446.35 and C-447.70. Passed1by the Council and signed by me in authentication of its passage thi day of Q� � l , 2017. Mayor Hank Williams A 1, City Recorder ORDER NO. ENTERED ODOT CROSSING NO. C-446.35 U.S. DOT NO. 927297W ODOT CROSSING NO. C-447.70 U.S. DOT NO. 756052G Crossing Closed BEFORE THE OREGON DEPARTMENT OF TRANSPORTATION RX 1242 In the Matter of the Construction of a New Railroad- ) Highway Grade Crossing at Twin Creeks Road and ) CENTRAL OREGON & PACIFIC RAILROAD ) PROPOSED ORDER (CORP), Siskiyou Subdivision, in Central Point, ) Jackson County, Oregon. Department Order No. 50837, entered March 19, 2010, authorized construction of the subject railroad-highway grade crossing. An ERRATA Order, No. 50851,was issued on June 23, 2010, correcting an omission in Order No. 50837. Substantial passage of time has elapsed since the Orders were signed. By letter dated November 15, 2016 the City of Central Point(City) requested consideration of an amended Order be written to accommodate changes to Department Order No. 50837 and Order No. 50851. The Rail and Public Transit Division (RPTD) has determined that there is a need to provide a single Order to encompass the original Order and all subsequent changes. Order No. 50837 and Order No. 50851 are to be rescinded and replaced by this Order. Subsequently,the RPTD has determined that the vehicle clear-out interval (VCOI) is inessential. Additionally the RPTD has determined the need for the addition of one ground mounted signal head and two mast mounted signal heads to be installed in conjunction with the "No Tum on Red"signs. The closure of Seven Oaks Road#723 grade crossing (C-447.70) is included as part of this Order. The affected railroad is CORP and the affected public authorities in interest are the City of Central Point and Jackson County. By letter dated November 16, 2016, Proposed Order(PO)was distributed for all parties to review and acknowledge their agreement with its terms. No objections to the PO were received from any party. All parties in this matter have agreed that the proposed grade crossing is required by the public safety, necessity, convenience and general welfare. Therefore, under ORS 824.214,the Department may enter this Order without hearing. ORDER NO. The Appendix to this Order consists of 8 sheets,which collectively depict the scope of the proposed project. The anticipated, average daily traffic(ADD volume at the grade crossing is =6,800 vehicles. There is a daily average of 4 freight train movements through the area of the proposed crossing at the maximum authorized speed of 20 miles per hour. City proposes to raise the elevation of Highway 99=3.5 feet to meet the elevation of CORP's Siskiyou Subdivision. After the highway is raised, City intends to construct Twin Creeks Road across the track. The new roadway will originate at Highway 99 and extend to the southwest to provide access to the Twin Creeks Development, a new transit-oriented development tying south and west of the tracks and Highway 99. The roadway will intersect the track at 90 degrees.Vehicle Traffic Signals(VTS)will be installed at the Twin Creeks Road/Highway 99 intersection and interconnected with four sets of flashing light and automatic gate signals at the crossing. The interconnection will provide train preemption of traffic signal phases with a pedestrian clear-out interval (PCOI) before a train enters the crossing. The track circuits will include=3,268 track feet of continuous welded rail (CWR). The interconnected crossing and traffic signal systems shall operate such that when an approaching train is detected, the normal operation of the pedestrian signals will be preempted, and a PCOI of=24 seconds will be provided. Following the PCOI, the operation of the train detection equipment will activate the crossing signals at the crossing and preempt the normal operation of the traffic signals. In conjunction with the opening of the new crossing Jackson County agrees to dose Seven Oaks Road#723 grade crossing (C-447.70). The RPTD's support for the proposed Twin Creeks Road grade crossing is conditioned upon the closure as set forth in the ordered provisions of this Order. The closed crossing shall be removed from the Department's Catalog of Public Railroad- Highway Crossings. From the foregoing, the Department finds that the proposed grade crossing is required by the public safety, necessity, convenience and general welfare. It is neither practical nor necessary to construct a separated crossing at this location. The Department further finds the existing grade crossing No. 047.70 will no longer be required by the public safety, necessity, convenience and general welfare and shall be closed upon opening of the new grade crossing. The application should be granted upon the following terms. IT IS THEREFORE ORDERED that: 1. Orders 50837 and 50831 are hereby rescinded. 2. The authority to construct the new grade crossing and close the existing grade crossing is granted. Construction of crossing No. C-446.35 shall be substantially in progress within two years from the entered date of this Order. Otherwise, the authority expires on that date. Upon opening of the new grade crossing, crossing No. C-447.70 shall be permanently closed and removed from the Department's Catalog of Public Railroad- Hiahwav Crossings. No authority to establish a Quiet Zone is granted by this Order. 3. The grade crossing shall not be opened to public use until the ordered automatic signals, circuitry, VTS, and interconnection circuitry are installed and operational. 2 ORDER NO. 4. Applicant(City of Central Point)shall: a. Furnish, install and maintain a VTS at the Twin Creeks Road/Highway 99 intersection to accommodate the train preemption operations described above in the body of this Order, and in accordance with the Appendix to this Order, Sheets 1,2,3,4 and bear all the costs. b. Furnish and install an interconnection between the VTS and ordered crossing signals, and bear all the costs. The interconnection shall consist of an interface box equipped with contact terminals attached to the crossing signal house. The interconnection shall provide train preemption of the normal operation of the VTS with a PCOI as described above in the body of this Order, sheet 2 of 8. c. Construct and maintain that portion of the crossing lying outside lines drawn perpendicular to the end of ties to accommodate the roadway configuration and sidewalks depicted in the Appendix to the Order, Sheets 1,4, 5 and bear all the costs. The roadway approaches shall comply with OAR 741-120-0020 (1), (2), (3), and 4). d. Furnish, install and maintain standard curb according to OAR 741-110-0030 (7) adjacent to the ordered automatic signals located in the SW quadrant of the crossing, and bear all the costs. e. Furnish and install standard curbed median islands on both approaches to the crossing, as depicted in the Appendix to this Order, Sheet 1 of 8, and bear all the costs. f. Furnish, install and maintain one stop clearance lines at the crossing, located as depicted in the Appendix to this Order, Sheet 6 of 8 and bear all the costs. The crosswalk marking on the west side of the track constitutes the stop clearance line for that approach to the crossing. g. Furnish, install and maintain one advance warning (W10-1) sign and two advance warning pavement markings on the eastbound roadway approach to the crossing, and bear all the costs. The sign and markings shall be located as depicted in the Appendix to this Order, Sheets 6 of 8. h. Furnish, install and maintain one advance warning bicycle pavement markings on the West side of the crossing, located as depicted in the Appendix to this Order, Sheet 6 of 8 and bear all the costs. Furnish, install and maintain two side road advance warning (W10-3) signs on the Highway 99 approaches to the crossing as depicted in the Appendix to this order, Sheet 6 of 8 and bear all costs. j. Furnish, install and maintain one SIDEWALK CLOSED (R9-11a) sign, located as depicted in the Appendix to this Order Sheet 6 of 8. k. Furnish, install and maintain two STOP HERE ON RED (R10-6) signs with attached High Level Warning Device flag kits, bear all the costs. Mount the signs 3 ORDER NO. at the crossing as depicted in the Appendix to this Order, Sheet 6 of 8. The signs shall not obstruct approaching motorists' view of the ordered automatic signals. Furnish, install and maintain two NO TURN ON RED (R10-11) signs. Mount the signs at the crossing as depicted in the Appendix to this Order, Sheet 5, 6 of 8. The signs shall not obstruct approaching motorists'view of the ordered automatic signals. m. Notify the ODOT Rail and Public Transit Division in writing or by email transmission not less than two weeks prior to the date that the ordered VTS will be activated and placed in service. n. Maintain all trees and vegetation in the immediate vicinity of the crossing so that they do not obstruct approaching motorists' view of any portion of the flashing lights and automatic gate signals installed at the crossing. Failure to maintain the trees and vegetation shall result in immediate removal of the offending obstruction. o. Bear all the cost of work items listed in paragraphs 4.a.,4.b., 4.c., 4.d.,4.g., and 5.a., below. 4. CORP shall: a. Subject to reimbursement by applicant, construct that portion of the crossing lying between lines drawn perpendicular to the end of ties to accommodate the roadway configuration and sidewalk depicted in the Appendix to this Order. b. Subject to reimbursement by applicant,furnish and install four flashing light signals and four automatic gate signals at the crossing. The signals shall be located as depicted in the Appendix to this Order, Sheets 3 of 8, interconnected with the VTS at the Twin Creeks Road/Highway 99 intersection, and activated according to OAR 741-110-0070. c. Subject to reimbursement by applicant, furnish and install =3,268 track feet of CWR on the track approaches to the new grade crossing. d. Subject to reimbursement by applicant, furnish and install the interface box, equipped with contact terminals and attached to the crossing signal house, and interconnection circuitry on the railroad side of the contact terminals to facilitate the traffic signal preemption as described above. e. Maintain the ordered automatic signals, circuitry, traffic signal interconnection circuitry on the railroad side of the contact terminals in the interface box, that portion of the crossing lying between lines drawn perpendicular to the end of ties, and bear all the costs. f. Notify the ODOT Rail and Public Transit Division in writing or by email not less than two weeks prior to the date that the ordered automatic signals will be activated and placed in service. 4 ORDER NO. g. Subject to reimbursement by applicant, CORP shall comply with all requirements of OAR 741-120-0050(2)and (4)at the dosed Seven Oaks Road#723 crossing (C-447.70). 5. Jackson County shall: a. Subject to reimbursement by applicant, close the Seven Oaks Rd#723 grade crossing(C-447.70) as depicted in the Appendix to this order sheet 8 of 8 and comply with all requirements of OAR 741-120-0050(1)and (4). 6. Each party shall notify ODOT Rail and Public Transit Division in writing upon completion of its portion of the project. Made, entered, and effective Notice of Rights You are entitled to a hearing as provided by the Administrative Procedure Act(ORS chapter 183). If you want a hearing, you must file a written request with ODOT Rail and Public Transit Division within 21 days from the date of this notice. You may mail a request for hearing to Oregon Department of Transportation, Rail and Public Transit Division, 555 13'" Street NE, Suite 3, Salem, OR 97301-4179 or fax the request to (503) 986-3183. CORP, the City of Central Point, and Jackson County must be represented by an attorney licensed to practice law in Oregon pursuant to OAR 137-003-510 and 137-003-0550. If a person other than an Oregon- licensed attorney signs the hearing request, an Oregon-licensed attorney must ratify the request for hearing in writing within 28 days of the date that the request for hearing was received by the agency. OAH 137-003-0550(4). If you request a hearing, at the hearing you have the right to respond to, and to present evidence and argument, on all issues. An Administrative Law Judge from the Office of Administrative Hearings will preside at the hearing. ORS 183.635. A copy of a Notice of Contested Case Rights and Procedures is attached. If you do request a hearing, but later withdraw your request for hearing, fail to appear at the hearing, or notify ODOT Rail and Public Transit Division or the Administrative Law Judge that you do not intend to appear at the hearing, you will have waived your right to a hearing. 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