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R15-124 1 RESOLUTION NO. R15 -124 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN THE NECESSARY DOCUMENTS ON BEHALF 6 OF THE CITY OF BOYNTON BEACH TO ESTABLISH 7 QUIET ZONES ALONG BOTH THE CSX AND FEC 8 RAIL CORRIDORS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 1 11 WHEREAS, as All Aboard Florida moves forward with crossing upgrades necessary 12 to support passenger traffic on the FEC rail corridor they will also be installing improvements 13 necessary to garner a quiet zone through the City of Boynton Beach; and 14 WHEREAS, despite extraordinary background cooperation to achieve quiet zones, 15 there remains a solitary process on the part of the City of Boynton Beach; and 16 WHEREAS, each municipality must request and implement a quiet zone through a 17 process established by the Federal Railroad Administration which requires the City to submit 18 two written requests for quiet zones; and 19 WHEREAS, because the completion dates are not yet known for all work, staff 20 recommends that the City Manager be authorized now to sign the Notice of Intent and Notice 21 of Implementation documents which will ensure rapid approval of the quiet zones. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 hereby ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach hereby 27 authorizes the City manager to sign the necessary documentation on behalf of the City of 28 Boynton Beach to establish quiet zones along both the CSX and the FEC Rail corridors. 29 Section 3. That this Resolution will become effective immediately upon passage. C:\ Users\ Prainitoj\Appdata\Local\Microsoft\Windows \Temporary Internet Files \Content.lE5 \9155K2YF \CM Authorized_To_Establish_Quiet Zones_- Reso.Doc 31 PASSED AND ADOPTED this 6 day of October, 2015. 32 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor — Jerry Taylor 39 40 Vice Mayor — Joe Casello c/ 41 42 Commissioner — David T. Merker ✓ 43 44 Commissioner — Mack McCray 45 46 Commissioner — Michael M. Fitzpatrick �✓ 47 48 49 VOTE J' ` 50 51 ATTEST: 52 53 54 !I. _ , , is 55 Jane t M. Prainito, MMC 56 C Clerk iro 58 59 60 rp a Seal) 1 61 0 4 ' T .., : C:\ Users\ Prainitoj\Appdata\Local\Microsoft\Windows \Temporary Internet Files\ Content. IE5\ 9155K2YF\ CM _Authorized_To_Establish_Quiet Zones_- _Reso.Doc 5 -tail Notice of Intent to Create a Quiet Zone Who should submit this notice: A public authority seeking to create a New Quiet Zone or a New Partial Quiet Zone should submit notice of its intent. Parties to be notified: Before a public authority establishes a quiet zone either through public authority designation or through FRA approval, it must provide written notice to several parties. These parties include the following: o All railroads operating over the public highway -rail grade crossings within the quiet zone; o The State agency responsible for highway and road safety, and o The State agency responsible for grade crossing safety. All notices must be provided by certified mail, return receipt requested. Deadlines: A party may submit information or comments to the public authority during the 60 -day period after the date on which the Notice of Intent was mailed. This 60 -day comment period may terminate early, if the public authority obtains from each party either written comments or written statements that the parties do not have any comments. Notification contents: • The notice must unambiguously state which crossings will be contained within the quiet zone. Each public, pedestrian, and private crossing must be identified by both the U.S. DOT National Highway -Rail Grade Crossing Inventory number and street or highway name. w The notice must indicate the time period during which train horn restrictions would be imposed (i.e. 24 hours or from 10 pm to 7 am). • The notice must contain a brief explanation of the tentative plans for implementing improvements within the quiet zone. i The notice must clearly indicate the name, title, and contact information for the person who will act as point of contact during the development process. • All notifications must contain a list of the names and addresses of each party notified. SAMPLE NOI THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED DATE Railroad Name Railroad Address DOT Name DOT Address RE: Notice of Intent to Establish a Quiet Zone This letter is a Notice of Intent for the creation of a quiet zone at the following public highway-rail grade crossings in CITY/COUNTY , STATE LIST BY USDOT # and Street Name (in geographical order, n-s, DOT# SEQUENCE) (Include Private and Pedestrian Crossings within the Quiet Zone). ' THE LIST CAN BE INCLUDED HERE OR AN AS ATTACHMENT, DEPENDING ON SIZE OF LIST. This Quiet Zone will be in effect 24 hours per day. The CITY / COUNres plan to implement a quiet zone includes upgrading the crossings, where needed, to include gates, lights, constant warning time (where practicable) and power- out indicators. Supplemental Safety Measures will be installed as indicated by the FRA Quiet Zone Calculator. The point of contact for the CITY / COUNTY is: LIST INFO FOR CONTACT PERSON This is provided as a guide only. Please consider the date of this notice as the beginning date of the 60-day comment period. This notice is being mailed to: LIST REQUIRED PARTIES ONLY HERE. REQUIRED PARTIES MUST BE NOTIFIED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTE COURTESY COPIES AS "CC" AND LIST AT END OF NOTICE. Signed, cc: as needed SEND CERTIFIED MAIL / RETURN RECEIPT PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE OF INTENT (N01). INVOLVEMENT OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY RECOMMENDED. This is provided as a guide only. Notice of Quiet Zone Establishment Who should submit this notice: A public authority wishing to establish a New Quiet Zone, a New Partial Quiet Zone, a Pre -Rule Quiet Zone, or a Pre -Rule Partial Quiet Zone must submit a notice of Quiet Zone Establishment. Parties to be notified (05222.43 (a)(4)) The public authority must provide written notice to several parties. These parties include the following: o All railroads operating over the public highway -rail grade crossing within the quiet zone, o The highway or traffic control authority, or the law enforcement authority with jurisdiction over motor vehicle traffic at the quiet zone crossings, o Landowners with control over any private crossings within the quiet zone, o The State agency responsible for highway and road safety, o The State agency responsible for grade crossing safety, and o The FRA Associate Administrator. All notices must be provided by certified mail / return receipt . Deadlines: Notice of the establishment of a Quiet Zone should be mailed no later than 21 days before the date on which train horns are scheduled to cease sounding. For New Quiet Zones and New Partial Quiet Zones, the Notice of Quiet Zone Establishment cannot be served earlier than 60 days after the Notice of Intent was mailed, unless the Notice of Quiet Zone Establishment contains a written statement affirming that written comments and/or `no comment' statements have been received from each party that received the Notice of Intent. For Pre -Rule Quiet Zones that qualified for automatic approval, the Notice of Quiet Zone Establishment should be mailed out before December 24, 2005. SAMPLE NOE THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED. Associate Administrator for Safety Federal Railroad Administration 1200 New Jersey Ave., S.E. Washington, DC 20590 DATE The CITY / COUNTY of , STATE is establishing a New 24 -hour Quiet Zone effective . (At least 21 calendar days from date of letter) This Quiet Zone is established under authority of 49 CFR 222 (REGULATORY PROVISION ). i.e. IF QZ HAS 4 CROSSINGS AND 2 HAVE SSMs, AND THE QZRI is S RIWH, THE REGULATORY PROVISION WOULD BE 49 CFR 222.39 (a)(3). A Notice of Intent was sent on DATE " ' and (no comments were received from any applicable parties) OR (comments were received and addressed) ATTACH COMMENTS IF RECEIVED. The crossings in this Quiet Zone are: LIST BY USDOT # and Street Name (In geographical order: i.e. — n -s, DOT# SEQUENCE) (Include Private and Pedestrian Crossings within the Quiet Zone) THIS LIST CAN BE INCLUDED HERE OR AS AN ATTACHMENT, DEPENDING ON SIZE OF LIST. Attached are Grade Crossing Inventory forms for the crossings in this Quiet Zone reflecting conditions at the crossings before any modifications and reflecting any modifications made to establish the Quiet Zone. (PRINT TWO (2) COPIES OF DOT INVENTORY FORMS AND HAND - CORRECT ONE TO REFLECT BEFORE AND AFTER CONDITIONS, MAKING CORRECTIONS (in red) TO ALL FIELDS) MAKE THIS AN ATTACHMENT, MAKING PAIRS OF THE INVENTORY FORMS AND SHOW IN SAME ORDER AS ABOVE. This notice is being mailed to: LIST ALL REQUUIRED PARTIES ONLY HERE. NOTE COURTESY COPIES AS "cc:" AND LIST AT END OF NOTICE. The contact person for CITY / COUNTY is: LIST INFO FOR CONTACT PERSON 1 certify that the information submitted herein is accurate, correct, and complete to the best of my knowledge and belief, (this statement can be the signature block). MAYOR, CEO, COMMISSIONER, etc. cc: as needed SEND CERTIFIED MAIL / RETURN RECEIPT. This is provided as a guide only. The Notice of Establishment does not need to be an intimidating document. PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE OF ESTABLISHMENT. IF YOU HAVE ERRORS OR OMMISSIONS, IT WILL BE KICKED BACK AND YOUR QUIET ZONE WILL BE DELAYED. INVOLVEMENT OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY RECOMMENDED. THE RAILROADS HAVE BEEN VERY HELPFUL IN REVIEWING NOTICES OF ESTABLISHMENT AND THEY WILL ALERT YOU OF PROBLEMS THAT THEY FIND. ALONG WITH THIS, THEY WILL CONTINUE TO SOUND THE HORN UNTIL ERRORS ARE CORRECT AND PROPER NOTICE OF ESTABLISHMENT IS PROVIDED.