HomeMy WebLinkAboutTransportation Agreement Twin Creeks Rail Crossing/ODOTORDER NO. 50837
ENTERED 3/19/10
ODOT CROSSING NO. C-446.35
U.S. DOT NO. 927297W
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 (CORP), Siskiyou ) OR®ER
Subdivision, in Central Point, Jackson County, Oregon. )
On April 25, 2005, the City of Central Point (City) made application under ORS 824.204
seeking authority to construct the subject grade crossing. City submitted revisions to its application
in September 2005, and by letter dated March 30, 2006, provided revised Exhibits A, B, C and D to
its application, thereby amending its original application. The affected railroad is CORP. City is the
applicant and affected public authority in interest.
City has assumed jurisdiction of Highway 99 from ODOT Highway Division. ODOT
Highway Division is not responsible for Highway 99. City determined that Vehicle Traffic Signals
(VTS) should be installed and maintained at the Twin Creeks Road/Highway 99 intersection for the
safety of the crossing.
Rail Division staff has investigated the amended application. By letter dated May 31, 2006,
staff served the amended application and a Proposed Final Order (PFO) for ali parties to review
and acknowledge their agreement with its terms. No objections to the application or PFO were
received from any party. As set forth in the terms of the PFO, ODOT Rail Division's support for the
new Twin Creeks Road grade crossing was conditioned upon elimination of an existing at-grade
crossing.
By letter dated February 16, 2010. City provided an Intergovernmental Agreement (IGA)
between City and Jackson County (County) dated February 10, 2010. Exhibit A to this Order is a
copy of the' IGA. Under its terms, City and County agree to permanently close the Seven Oaks
Road #723 grade crossing No. C-447.70, after the Scenic Avenue/Highway 99E intersection has
been equipped with Vehicle Traffic Signals (VTS) that are interconnected with the crossing signals
to provide railroad preemption operations. By letter dated March 1, 2010, City provided clarification
of the terms of the IGA, and a copy of its Transportation System Plan (TSP), which was adopted by
City Ordinance No. 1922, effective December 22, 2008. Exhibit B to this Order is a copy of the
adopted TSP.
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.
The Appendix to this Order includes six sheets, which collectively depict the scope of the
proposed Twin Creeks crossing project. The anticipated average daily traffic (ADT) volume at the
ORDER NO. 50837
grade crossing is 2,800 vehicles. There is a daily average of 5 freight train movements through
the area of the proposed crossing at the maximum authorized speed of 20 miles per hour.
Applicant proposes to raise the elevation of Highway 99 X3.5 feet to meet the elevation of
CORP's Siskiyou Subdivision. After the highway is raised, applicant will extend Twin Creeks Road
across the track to its intersection with Highway 99. The new roadway extension will provide
access to the Twin Creeks Development, a new transit-oriented development lying south and west
of the tracks and Highway 99. The roadway will intersect the track at 90 degrees. VTS will be
installed at the Twin Creeks Road/Highway 99 intersection and interconnected with five sets of
flashing-light signals and automatic gates at the crossing. The interconnection will provide train
preemption of traffic signal phases with a pedestrian clear-out interval (PCOI) and a vehicle
clear-out interval (VCOI) to permit vehicular traffic to clear the tracks before a train enters the
crossing. The VCOI will use a GREEN signal aspect. 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 X20 seconds will be
provided. Following the PCOI, the operation of the train detection equipment will activate the
crossing signals at the crossing, preempt the normal operation of the traffic signals, and provide
a VCOI.
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 application should be granted upon the
following terms.
IT IS THEREFORE ORDERED that:
The authority to construct the subject grade crossing is granted. Construction of the
crossing shall be substantially in progress within three years from the entered date of this
Order. Otherwise, the authority expires on that date.
2. The grade crossing shall not be opened to public use until the ordered automatic signals,
circuitry, VTS, and interconnection circuitry are installed and operational.
3. 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
2, 3 and 4 of 6, 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 and VCOI as described above in the body of this Order.
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, Sheet 1 of 6, and bear all the
costs. The roadway approaches shall comply with OAR 741-120-0020 (1), (2), (3),
and (4).
2
ORDER NO. 50837
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. Fumish and install standard curbed median islands on both approaches to the
crossing, as depicted in the Appendix to this Order, Sheet 1 of 6, and bear all the
costs.
Furnish, install and maintain three stop clearance lines at the crossing, located as
depicted in the Appendix to this Order, Sheet 5 of 6, 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 westerly 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, Sheet 5 of 6.
h. Furnish, install and maintain one advance warning pavement marking on the
westerly bicycle lane approach to the crossing, located as depicted in the
Appendix to this Order, Sheet 5 of 6, and bear all the costs.
Fumish, install and maintain two side road advance warning (W10-3) signs on
the Highway 99 approaches to the crossing, located as depicted in the Appendix
to this Order, Sheet 5 of 6, and bear all the costs.
Furnish, install and maintain one SIDEWALK CLOSED (R9-11 a) sign, located as
depicted in the Appendix to this Order, Sheet 5 of 6, and bear all the costs.
k. Furnish, install and maintain two STOP HERE ON RED (R10-6) signs with
attached High Level Warning Device flag kits, and bear all the costs. Mount the
signs at the crossing as depicted in the Appendix to this Order, Sheet 5 of 6,
[reference OAR 741-115-0040(15) (c)]. The signs shall not obstruct approaching
motorists' view of the ordered automatic signals.
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-
light signals and automatic gates installed at the crossing, and bear all the costs.
Failure to maintain the trees and vegetation shall result in immediate removal of
the offending obstruction.
m. Bear all the cost of work items listed in paragraphs 4.a., 4. b., and 4.c., below.
n. Notify the Rail Division of the Department in writing or by facsimile transmission not
less than two weeks prior to the date that the ordered VTS will be activated and
placed in service.
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.
3
ORDER NO. 50837
b. Subject to reimbursement by applicant, furnish and install five flashing-light signals
and five automatic gates at the crossing. The signals shall be located as depicted
in the Appendix to this Order, Sheet 6 of 6, 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 the interface box,
equipped with contact terminals 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.
d. 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.
e. Notify the Rail Division of the Department in writing or by facsimile transmission not
less than two weeks prior to the date that the ordered automatic signals will be
activated and placed in service.
5. City shall apply to ODOT Rail Division for an Order seeking authority to alter the Scenic
Avenue grade crossing and to permanently close the Seven Oaks Road grade crossing No.
C-447.70. Reference Exhibits A and B to this Order.
6. Each party shall notify the Rail Division of the Department in writing upon completion of its
portion of the project.
Made, entered, and effective %~' les'~~~7 ~ ~, ~l ~
etly T for
Rail ision Administrator
G:1WG RAILtXORDERSIRX 1242 Ord7winCrksCentPt.doc
4
- Exhibit A to Order No. 50837
RX 1242
ODOT Crossing C-446.35
Twin Creeks Rd, Central Point
INTERGOVERNMENTAL AGREEMENT
IMPROVE AND ELIMINATE RAILROAD CROSSINGS
This agreement is made and entered into by and between Jackson County, Oregon, a
political subdivision of the State of Oregon, hereinafter referred to as "County", and the City of
Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". County and
City are collectively referred to as "Parties".
~CI'd'Ag,S
A. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
"INTERC40VE~TAL COOPERATION", the County is authorized to jointly provide for
the performance of a function or activity in cooperation with a "unit of local government" that
includes a commission or other governmental authority in Oregon. By acceptance of this
Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with
the County.
ls. City has applied to the Oregon Department of Transportation ("ODOT"),Rail Division for
authority to construct a rail crossing (ODOT Crossing No. C-446.35) from Highway 99 to the
Twin Creeks Transportation Oriented Development to the west on Twin Creeks Crossing.
C. ODOT Rail Division has prepared a proposed final order authorizing construction of the
crossing, with the pre-condition that County and City fast enter into an agreement that results in
the elimination of an existing public grade rail crossing.
Based on the foregoing, the parties agree as follows:
AGREEIV~NT
g. Coaanty Itespo®sabilntees:
A. Elimination of an At-Grade Crossing. County agrees that upon completion of the
upgrades by City to the Scenic Avenue rail crossing as described in City
Responsibilities paragraph 2A, below, County will initiate the legal process to
eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C-
447.70 or some other public at•grade crossing on the Siskiyou mainline in
Jackson County, subject to approval by the ODOT Rail Division.
2. City Resg~onsibaln4ies:
A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic
Avenue and Highway 99, which is identified as ODOT Crossing No, C-447-10 is
in need of upgrading. City agrees to construct the necessary upgrades to that
crossing to the satisfaction of County and the ODOT Rail Division, including
Intergovernmental Agreement -Jackson County / - 1
necessary elevation changes, vehicle traffic signals, and an interconnection with
the crossing signals. The City will complete all engineering design, right-of--way
purchase, permit acquisition, public notice and coordination, construction, and
construction inspection. These upgrades will be constructed at City expense. The
City will provide the County engineered plans for our review and approval prior
to construction. The City agrees to begin work on such project as soon as
practicable and to pursue completion with reasonable diligence.
B. Elimination of an At-Grade Crossing. If the Board of Commissioners agrees to
remove the Seven Oaks Road crossing identified as ODOT Crossing No. C-
447.70, or some other public at-grade crossing on the Siskiyou mainline in
Jackson County, City agrees that upon completion of the upgrades to the Scenic
Avenue crossing as described in City Responsibilities at paragraph 2A, City will
reimburse County for the costs to eliminate said crossing.
3. ASP®RTI®NMEliTT ~®R ~'~tIDING
A. City shall pay all construction costs for the elimination of the Seven Oaks Rail
crossing identified as ODOT Crossing No. C447-70, or some other public at-
grade crossing on the Siskiyou mainline in Jackson County. The County will
provide an engineered design for this closure.
fl$. City shall pay for all- costs associated with upgrades to the Scenic Avenue
crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C-
447.10.
C. County shall pay for an engineered design for the elimination of the Seven Oaks
Rail crossing identified as ODOT Crossing No. C447-70, or some other public at-.
grade crossing on the Siskiyou mainline in Jackson County.
D. In the event insufficient funds are appropriated for the payments under this
Agreement and the County has no other lawfully available funds, then the County
may terminate this Agreement at the end of its current fiscal year, with no further
liability or penalty to City. The County shall deliver written notice to City of such
termination no later than thirty (30) days from the determination by the County of
the event ofnon-appropriation.
Intergovernmental Agreement -Jackson County / - 2
4. 1L~lihlI'g'A'Y']l®NS ®F 1<,~s~fll<.II'II'~'
All parties agree that each party shall not be subject to claim, action, or liability arising in any
manner whatsoever out of any act or omission, interruption, or cessation of services by the other
party under this agreement. Each party shall not be liable or responsible for any direct, indirect
special or consequential damages sustained by the other party to this agreement, including, but
not limited to, delay, or interruption of business activities that may result in any manner
whatsoever from any act or omission, interruption, or cessation of services.
5. EV~EIV~TI~CA'I'fl~D1o1
Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and
Article Xi, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely
responsible for its own actions and/or failure to act and shall indemnify and hold the other party
harmless from any liability, cost or damage arising therefrom. Provided, however, that neither
party shall be required to indemnify the others for any claim, loss or liability arising solely out
of the wrongful act of the others officers, employees or agents. The provisions of this paragraph
shall survive the expiration or sooner termination of this agreement.
6. C~1VS'g'ItiJCTflO1V, I~®DCA'H'g0)iTS ®~' TES AGR~lE1~N'II'
a. This Agreement shall not become effective until all parties hereto have executed
this Agreement.
b. This Agreement shall be governed and construed in accordance with the laws of
the State of Oregon without resort to any jurisdiction's conflict of laws, rules or
doctrines. Any claim, action, suit or proceeding (collectively, "the claim")
between the County (andlor any other County or department of the State of
Oregon) and the City that arises from or relates to this Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought
in a federal forum, then it shall be brought and conducted solely and exclusively
within the United States District Court for the District of Oregon filed in Jackson
County, Oregon.
c. Agreement Managers:
i. County has designated as its Agreement Manager:
John Vial; Roads and Parks Director,
200 Antelope Rd.
White City, OR 97503
(541) 774-6238
vialjnna jacksoncount ~~or~
Intergovernmental Agreement -Jackson County / - 3
ii. City has designated as its Agreement Manager:
Chris Clayton, Deputy Public Works Director,
455 S. 4~` Street
Central Point, OR 97502
(541) 664-1567
chrisc@ci.central-point.or.us
iii. The governing bodies of City and the County may designate successor
Agreement Managers in each of their sole discretion. All notices required
or convenient to be given under this Agreement shall be given, in writing,
or by a-mail, by the Contract Manager, directed to the other Agreement
Manager.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR
IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN
THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED,
CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT
SIGNED BY ALL PARTIES HERETO.
Intergovernmental Agreement -Jackson County / - 4
~.
IN WITNESS WI~REOF, the parties hereby enter into this agreement.
Each party, by signature below of its authorized representative, hereby acknowledges that
it has read this Agreement, understands it, and agret;s to be'batind by its terms and conditions.
Each person signing this Agreement represents and warrants to have authority to execute this
Agreement.
CITY OF CENTRAL POINT
d
By 1~~~! 1•~ ~+'~ ~~'rr~'l~z. Date ~ ~ - /1-,lOd'
Title C .~- ~ (~ ra~,`.~ r ~-~- ~'~'-
,4pproved as to Legal Sufficiency
Sr. istant County Counsel
Intergovernmental Agreement -Jackson County / - S
JACKSON COUNTY OREGON
Exhibit 8 to Order IVo. 50837
Q RX 1242
ORDINANCE NO. ' -1 ODOT Crossing C-446.35
Twin Creeks Rd, Central Point
AN ORDINANCE ~-A~NDING THE CITY OF CENTRAL, POINT COMPREHEATSIVE
PLAN TO UPDATE THE <. , - ;,,
RECITALS:
1. In an effort to maintain its Comprehensive Plan in conformance with tine Statewide
Planning Coals, tine City of Central Point has completed a ~,'. for the
City's urban area; and
2. Pursuant to OAR 660-12, the amendment has been prepared in compliance with
Oregon state adopted rules governing preparation and coordination of S~ .,
which are collectively referred to as the Transportation Planning Rule and with Oregon
Statewide Planning Goal #12 - T 'on; add
3. Pursuant to O1RS Y 97.040(2)(e) and OAR 660-030-0060, the City has coordinated its
plarming efforts with the State to assure compliance with goals and compatibility with City and
County C®mprehensive Plans and with OAR 660-12-0015 to assure consistency with the State
and Regional TSP; and
4. ~ Pursuant to OAR 660-12.006(1)(a-c) and (2)(a-d), the amendment to the City's
acknowledged Comprehensive Plan and land use regulations is consistent with the identified
function, capacity and levels of service of local and regional transportation facilities; and
5. Pursuant to the requirements set forth in CPMC Sections 17.5 and 17.10, the City has
conducted the following duly advertised public hearings to consider the proposed amendments:
a Planning Commission hearings on Septernbea 2, 2008 and ItTovember 4, 2008.
b. City Council hearing on December 4, 2008.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO
ORDAIN AS FOLLOWS:
Section 1. At its public hearing on DeceYnber 4, 2008, the City Council reviewed the
City staff report, received f ndings of the Central ,Point Planning Connrnnission, and received
public testimony from all interested persons. Based upon all the inforrmation received, the City
Council adopts the findings and conclusions set forth in the staff report dated. December 4, 2008,
a copy of which is attached hereto and by reference incorporated herein, and based upon the
carne, the City Cowncil finds that them is sufficient public need and,yustification for the pa+uposed
uPd~ ~ ' and the proposed ~ ,,, ~' is adopted
entirely.
1-Ordinance No. _~~~ (120408)
Section 2. The proposed Transportation System Plan hereby supersedes and replaces the
existing Circulation/'fransportation Element of the Central Point Comprehensive Plan.
Passed by the Council and signed by me in authentication of its passage the ~_' day of
. ~„o~~~,~200g
1Vlayor Hank Williams
ATT S S:
~rty Representative
Approved by me this day of , 2008
.~ ,~--~
" ~. : 2~:~= Ordinance 1Vo. ~~a.~, (120405)
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DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF SERVICE
RX 1242
I, Sandie K. Hansen, Administrative Support of the Rail Division for the
Department of Transportation of the State of Oregon, hereby certify that on the 23~d day
of March 2010, I served copies of Staff's Service Letter and Order No. 50837 upon the
appropriate parties listed below via regular mail at Salem, Oregon, with postage prepaid
and addressed as their addresses appear in the records of the Department of
Transportation.
APPLICANT
Tom Humphrey
City of Central Point
155 S Second St
Central Point OR 97502
Parties
John Bullion
Central Oregon & Pacific Railroad
333 SE Mosher
Roseburg OR 97470
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Sandie K. Hansen, Administrative Support
Oregon Department of Transportation
Rail Division
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