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Novato drops lawsuit against rail authority
Author: DAVE L
Date: 10-28-2008 - 08:48
Novato drops lawsuit against rail authority
Brent Ainsworth marin ij
Article Launched: 10/27/2008 10:55:34 PM PDT
Two days before heading back to court, the city of Novato decided Monday to drop its lawsuit and settle with the North Coast Rail Authority about the provisions of freight service on the city's railroad tracks.
After the Novato City Council voted 4-0 to pass a consent decree Monday night, Mayor Pat Eklund signed the document that had been signed earlier in the day by the NCRA board. If Marin County Superior Court Judge James Ritchie approves the document later this week, freight trains could be riding the rails through Novato as early as the end of 2009.
Novato's settlement benefits include the reimbursement of nearly $325,000 in legal fees and stipulations that the rail authority operate state-of-the-art, low-emission diesel locomotives; install protective fencing and decorative landscaping to minimize glare from train headlights; weld rails together to minimize sound; and provide "quiet zones" that keep horns from sounding at the city's 13 railroad crossings.
The NCRA must repair and upgrade 62 miles of track that run from Windsor in Sonoma County south through Novato and east to Napa. If the provisions are met, trains will run through Novato at approximately 40 mph on no more than six one-way trips during daytime hours only.
If the NCRA fails to deliver on the agreed provisions, freight service cannot continue after Dec. 31, 2011.
"We felt it was imperative to protect the residents of Novato, and I believe we have very successful with this decree," Eklund said.
Had
Novato decided to continue its suit, both sides would have appeared in court Thursday before Ritchie, who could render a decision immediately or take it under submission and rule at a later date. Novato elected not to take the chance.
"It's not only about the attorney fees but the untold man-hours devoted to this issue," said Councilwoman Jeanne MacLeamy. "We are facing a deficit of $1.7 million this fiscal year and an estimated $1.2 million the next fiscal year."
In its lawsuit, filed last year, the city charged that the rail authority was neglecting to weigh the environmental impact of its proposed freight operation. Since 1998, the tracks in Novato have been deemed unusable by the federal government.
Service was supposed to resume this year with the aid of $50 million in state money to repair the unsafe lines, but Novato's lawsuit stopped the final phase of repairs.
Proponents of the freight service have said it would ease traffic on Highway 101 because of fewer large trucks hauling raw material. Critics have spoken out against potential train noise, traffic tie-ups at rail crossings, air pollution and environmental costs of rail upgrades.
Brent Ainsworth marin ij
Article Launched: 10/27/2008 10:55:34 PM PDT
Two days before heading back to court, the city of Novato decided Monday to drop its lawsuit and settle with the North Coast Rail Authority about the provisions of freight service on the city's railroad tracks.
After the Novato City Council voted 4-0 to pass a consent decree Monday night, Mayor Pat Eklund signed the document that had been signed earlier in the day by the NCRA board. If Marin County Superior Court Judge James Ritchie approves the document later this week, freight trains could be riding the rails through Novato as early as the end of 2009.
Novato's settlement benefits include the reimbursement of nearly $325,000 in legal fees and stipulations that the rail authority operate state-of-the-art, low-emission diesel locomotives; install protective fencing and decorative landscaping to minimize glare from train headlights; weld rails together to minimize sound; and provide "quiet zones" that keep horns from sounding at the city's 13 railroad crossings.
The NCRA must repair and upgrade 62 miles of track that run from Windsor in Sonoma County south through Novato and east to Napa. If the provisions are met, trains will run through Novato at approximately 40 mph on no more than six one-way trips during daytime hours only.
If the NCRA fails to deliver on the agreed provisions, freight service cannot continue after Dec. 31, 2011.
"We felt it was imperative to protect the residents of Novato, and I believe we have very successful with this decree," Eklund said.
Had
Novato decided to continue its suit, both sides would have appeared in court Thursday before Ritchie, who could render a decision immediately or take it under submission and rule at a later date. Novato elected not to take the chance.
"It's not only about the attorney fees but the untold man-hours devoted to this issue," said Councilwoman Jeanne MacLeamy. "We are facing a deficit of $1.7 million this fiscal year and an estimated $1.2 million the next fiscal year."
In its lawsuit, filed last year, the city charged that the rail authority was neglecting to weigh the environmental impact of its proposed freight operation. Since 1998, the tracks in Novato have been deemed unusable by the federal government.
Service was supposed to resume this year with the aid of $50 million in state money to repair the unsafe lines, but Novato's lawsuit stopped the final phase of repairs.
Proponents of the freight service have said it would ease traffic on Highway 101 because of fewer large trucks hauling raw material. Critics have spoken out against potential train noise, traffic tie-ups at rail crossings, air pollution and environmental costs of rail upgrades.
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 Novato drops lawsuit against rail authority |
DAVE L | 10-28-2008 - 08:48 |