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JAN 2 0198?! <br />RECO�r�IE''DATIONS AND FUNDING <br />boex AS 57 <br />Based upon mandate by Florida Legislature, Chapter 77-165, it is recommended <br />that the Board of County Commissioners approve alternative #1 and accept transfer <br />of the following three crossings at this time adopting and executing the agreements <br />and resolutions: <br />1) Roseland Road (CR 505) at FEC Railroad <br />2) Glendale Road at FEC Railroad <br />3) CR 630 (South Gifford Road) at FEC Railroad <br />It is recommended that the County pay the $11,290.08 for improvements to <br />the Oslo Road Crossing. The $10,300 cost for improvements to the SR 512 Crossing <br />are.not to be paid by the County since the County has not accepted this road. <br />Funding is recommended to be accomplished by transferring $35,OOO.from account <br />#111-199.=541=99.91=Board of -.County Commission -Contingency (unencumbered balance as of <br />January 13, 1982 is $ 53,700.00 ) to a new account # 111-214-541-34.46 -.Rent- <br />Florida East Coast Railway. <br />ATTACI-D�ZENTS <br />1) Agreement between Florida DOT and Indian River County dated Oct. 1, 1981 <br />transferring the Secondary Road System to the County. <br />2) Letter from Joseph M. Austin, DOT District Utility Engineer to Neil Nelson <br />dated November 13, 1981 <br />3) Railroad Crossing Transfer Agreements (Typical) <br />Commissioner Fletcher stated that he wanted the <br />cost sharing between the County and the State discussed. <br />He wondered where the liability would lie regarding the <br />crossings and traffic control devices. <br />Attorney Brandenburg explained that it would lie <br />with the individuals charged with the maintenance; it was <br />the railroad, and in his opinion, they would be liable if <br />their people were negligent. <br />Engineer Davis agreed with the Attorney. <br />The Attorney stated the original agreement <br />provided that the railroad would bear the cost of <br />maintaining all signals; after that, the Department of <br />Transportation would pay the cost of up to 50% of <br />,maintaining the signals. He added that was why the County <br />was picking up 50% of the cost. <br />Commissioner Bird inquired if it were possible for <br />the County to get any kind of a hold harmless agreement. <br />