HomeMy WebLinkAbout77-0727 Railroad RESOLUTION
DIRECTING THE REPAIR OF AN UNSAFE RAILROAD CROSSING
WHEREAS, Section 62 of Chapter 114 of the Illinois Revised Statutes,
1975, provides that railroad corporations have the duty to construct and
maintain their railroad crossings at streets and highways so at all times
they shall be safe as to persons and property; and
WHEREAS, Section 63 of Chapter 114 of the Illinois Revised Statutes,
1975, provides that if a railroad corporation neglects the duty imposed upon
it to maintain railroad crossings, it shall be the duty of the proper public
authorities charged with such highways or streets to notify, in writing, the
nearest agent of the railroad corporation of the condition of the railroad
crossing or approaches and direct the same to be constructed, altered or
repaired in such manner as they deem necessary for the safety of persons
and property; and
WHEREAS, the City of Elgin has received numerous complaints about the
condition of a railroad crossing within the City of Elgin and has caused an
inspection to be made of said railroad crossing within the City of Elgin and
has found said crossing to be hazardous and unsafe for vehicles and pedestrians.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
rLLINOIS, that the Chicago and NorthWestern Railroad Company crossing at
Wing and State Streets is unsafe and in disrepair in the following respects:
rails depressed below surface, holes in pavement, cracked surface, timbers
parallel to tracks deteriorated. Said railroad corporation is hereby directed
to remove and replace defective pavement and to remove and replace timbers
paralleling tracks so as to make said crossing safe for persons and motor
vehicles.
BE IT FURTHER RESOLVED that the Chicago and NorthWestern Railroad
Company is hereby directed to make repairs as described and render said
railway crossing safe for pedestrians and vehicles within 30 days following
receipt of a certified copy of this resolution.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to cause a certified copy of this resolution to be served by
registered mail on the nearest agent of the Chicago and NorthWestern Railroad
Company.
s/ Richard L. Verbic
Richard L.Verbic, Mayor
Presented: July 27, 1977
Adopted: July 27 , 1977
Vote: Yeas 5 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
RESOLUTION
DIRECTING THE REPAIR OF AN UNSAFE RAILROAD CROSSING
WHEREAS, Section 62 of Chapter 114 of the Illinois Revised Statutes,
1975, provides that railroad corporations have the duty to construct and
maintain their railroad crossings at streets and highways so at all times
they shall be safe as to persons and property; and
WHEREAS, Section 63 of Chapter 114 of the Illinois Revised Statutes,
1975, provides that if a railroad corporation neglects the duty imposed upon
it to maintain railroad crossings, it shall be the duty of the proper public
authorities charged with such highways or streets to notify, in writing, the
nearest agent of the railroad corporation of the condition of the railroad
crossing or approaches and direct the same to be constructed, altered or
repaired in such manner as they deem necessary for the safety of persons
and property; and
WHEREAS, the City of Elgin has received numerous complaints about the
condition of a railroad crossing within the City of Elgin and has caused an
inspection to be made of said railroad crossing within the City of Elgin and
has found said crossing to be hazardous and unsafe for vehicles and pedestrians.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
TLLINOIS, that the Chicago and NorthWestern Railroad Company crossing at
Wing and State Streets is unsafe and in disrepair in the following respects:
rails depressed below surface, holes in pavement, cracked surface, timbers
parallel to tracks deteriorated. Said railroad corporation is hereby directed
to remove and replace defective pavement and to remove and replace timbers
paralleling tracks so as to make said crossing safe for persons and motor
vehicles.
BE IT FURTHER RESOLVED that the Chicago and NorthWestern Railroad
Company is hereby directed to make repairs as described and render said
railway crossing safe for pedestrians and vehicles within 30 days following
receipt of a certified copy of this resolution.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to cause a certified copy of this resolution to be served by
registered mail on the nearest agent of the Chicago and NorthWestern Railroad
Company.
s/ Richard L . Verbic
Richard L.Verbic, Mayor
Presented: July 27, 1977
Adopted: July 27 , 1977
Vote: Yeas 5 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
TELEPHONE 312/695-6500
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August 17 , 1977
Certified Mail
Chicago and Northwestern Railroad Co.
500 West Madison Street
Chicago, Illinois
Attention: Legal Department
Gentlemen:
Enclosed please find certified copy of
Resolution adopted by the Elgin City Council on
July 27 , 1977 .
Your attention and cooperation will be
greatly appreciated.
•
Very truly yours,
Marie Year an, City Clerk