HomeMy WebLinkAboutCC Resolution 2549 (RAILROAD)l RESOLUTION NO. At; L� WHEREAS for in excess of Seventy Five (75) years last past the Northwestern Pacific Railroad Company, (hereinafter referred to as "Railroad") and its predecessors, have exercised exclusive franchiseSto provide the City of San Rafael, Marin County, California, (hereinafter referred to as "City") and its business and industries with rail service, and the industrial and commercial development of "City" has been and is dependent upon continuation of said rail service, and WHEREAS, on the 20th day of July, 1961 a tunnel con- stituting a portion of the system of said "Railroad" and located in San Rafael, was damaged and partially destroyed, to an un- determined extent, by fire, and ever since has been and now is impassable, with the result that "City", its citizens, businesses and industries have been and are wholly without rail service from the remainder of "Railroad's" system to the north and have been compelled to rely upon barging operations across San Francisco Bay in order to receive freight shipments originating elsewhere than on "Railroad's" system, with resultant delays and other failures in service, and WHEREAS, on ,/'ze,(- /c� , 1961 "Railroad" filed its application with the IV&erstate Commerce Commission, in Pro- ceedings numbered Finance Dochet No. 21725, for a certificate of public convenience and necessity authorizing "Railroad" to abandon Z,Y,f ,L miles of its main line, extending from approximately the center of San Rafael and including said damaged tunnel and on October 4, 1961 "City" filed in said proceedings its Petition for leave to intervene as a protestant in op os tion to said applica- tion and for affirmative relief and on �G� /d /y6 "Rail- road" filed in said proceedings its "Return to'Que�stionnaire" and said proceedings are now pending and wholly undetermined, and WHEREAS, this Council, as governing Board of "City", is informed that in the ordinary course of affairs said application will not be heard by the Interstate Commerce Commission sooner than late in February, 1962, and that final determination thereof will not be for several months thereafter and WHEREAS, until said application is heard and finally determined,"Railroad" will make no effort to resume or re-establish its rail service to Marin County through said damaged tunnel and in the meantime the business and industry heretofore conducted in said "City" will be without said service and will suffer thereby to such an extent that it may be anticipated that much of that business and industry will either terminate or will re -locate in areas other than San Rafael and where adequate rail service is available to the great and lasting detriment of "City" and its economy. NOW THEREFORE BE IT RESOLVED: 1) That this Council, on behalf of the City of San Rafael and its citizens, make direct request to the Interstate Commerce Commission that said application hereinbefore referred to be treated as urgent and that an early and definite date be immediately fixed for a hearing thereof. 2) That the Interstate Commerce Commission be further requested to direct "Railroad", pending hearing of said applica- tion, to make available to attorneys for "City", upon their re- quest, statistical and technical data relied upon by "Railroad" in the preparation of its "Return to Questionnaire" to the end that "City" may adequately -prepare for,said Hearing. 3) That these requests be communicated to the Inter- state Commerce Commission by forwarding said Commission a certi- fied copy of this resolution. 4) That copies of this resolution be forwarded to the Congressman representing the District of which San Rafael is a part, and to the U. S. Senators from the State of California, with request that they assist in bringing about compliance with the requests herein contained. Passage of the foregoing Resolution No. 2 119 was moved by Councilman Abv , seconded by Councilman Baar and passed by the follow- ing vote this 4th day of December, 1961. Ayes: Councilmen: Aby, Baarp Jensen, Menary & Mayor McInnis Noes: Councilmen: None Absent: Councilmen: None i