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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 f,OF fk. . Z t o9,, ``' .�� 150 DEXTER COURT ELGIN, ILLINOIS 60120 oyrrru ttu�� 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