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Home My WebLink About78-0322 Railroad m 11- o3a RESOLUTION AUTHORIZING AN AGREEMENT WITH THE • • CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY --.- WHEREAS, the City of Elgin desires to coordinate traffic signals at the intersection of McLean Boulevard and Big Timber Road with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company's automatic flashing light warning devices with roadway gates at the grade crossing of said railroad tracks with McLean Boulevard; and WHEREAS, the City of Elgin proposes to improve the intersection of Big Timber Road and McLean Boulevard by widening the approaches to said intersection; and WHEREAS, the City of Elgin desires to make a temporary interconnection of existing railroad signals with proposed temporary traffic signals of the ! existing two-lane roadway; and v, ' WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific Railroad Company • has agreed to make such interconnection upon certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo I. Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with Stanley E. G. Hillman as Trustee of the property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for the installation of a temporary inter- connection of existing railroad signals with proposed temporary traffic signals at McLean Boulevard near Big Timber Road, located in the City of Elgin, a copy .i of which is attached hereto and made a part hereof by reference. Richard L. Verbic, Mayor Presented: March 22, 1978 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk fi t / ._ ..._ F a + /la ✓b.d.t td,e �• y CITY OF ELGIN, ILLINOIS • AGREEMENT FOR INSTALLATION, OPERATION, AND MAINTENANCE OF AN INTER- CONNECTION BETWEEN THE TRAFFIC SIGNALS AT MC LEAN BOULEVARD AND BIG TIMBER ROAD AND RAILROAD GRADE CROSSING WARNING DEVICES THIS AGREEMENT made and entered into this day of 1978, by and between the City of Elgin, hereinafter referred to as the "CITY", Party of the First Part, and Stanley E. G. Hillman as Trustee of the property of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor, herein- after referred to as the "TRUSTEE", Party of the Second Part. WITNESSETH THAT, WHEREAS, in the interest of public safety, the CITY desires to coordinate the traffic signals at the intersection of McLean Boulevard and Big Timber Road with the railroad's automatic flashing light warning devices with roadway gates at the grade crossing of the railroad's tracks with McLean Boulevard, and the TRUSTEE is agreeable to such an interconnection. WHEREAS, the CITY proposes to improve within two years the intersection of Big Timber Road and McLean Boulevard, Sleepy Hollow Road in the City of Elgin, Kane County, Illinois, by widening all four approaches to provide multi- lane facilities, complete with new traffic signal, all substantially as shown on the print of the intersection detail marked Exhibit A, attached hereto and made a part hereof; and WHEREAS, for the purpose of safety and traffic movement, the CITY pro- poses to convert the existing two-lane roadway on McLean Boulevard from Big Timber Road southerly for an approximate distance of six hundred feet from the center line of Big Timber Road to a four-lane facility; and WHEREAS, the said McLean Boulevard crosses the railroad's dual main line tracks and the crossings thus formed are equipped with automatic flashing light signal and gate units; and WHEREAS, the existing twenty-four foot wide pavement at the railroad's tracks is proposed to he widened to fifty-eight feet to provide four moving lanes and turning traffic; and I � WHEREAS, the CTTY desires the temporary interconnection of existing railroad signals with proposed temporary traffic signals for the existing two- lane roadway; and NOW, THEREFORE, in consideration of the premises and the mutual cove- nants and agreements hereinafter set forth, the parties hereto agree as follows: SECTION I - The detailed railroad plans (including surveys and other engineering service) , estimates of cost, and any required specifications for the proposed coordination, consisting of interconnecting the control mechanisms of the two types of the signals, shall be prepared by the TRUSTEE at the expense of the CITY. The CITY, at its expense, shall furnish or cause to be furnished, the temporary traffic signals and controller in accordance with drawing dated February 1, 1978, hereto attached and made a part hereof, marked "Exhibit B", and the CITY, at its expense, desires to install within two years the permanent traffic signals and controller in accordance with drawing dated May 24, 1977, hereto attached and made a part hereof, marked "Exhibit A." Any future changes to either the basic sequence or the railroad pre-emption sequence of the tem- porary or permanent traffic signals and controller shall be resubmitted by the CITY to the TRUSTEE for approval. SECTION II - The TRUSTEE shall petition the Illinois Commerce Commission in accordance with the Commission's General Order 138 to take jurisdiction of the proposed interconnection of traffic signals and railroad warning signals and to enter such Orders or Resolutions as may be necessary. SECTION III - All material and labor for the complete assemblage and installation of the interconnection within the railroad's control cabinet shall be furnished by the TRUSTEE at the expense of the CITY, and the CITY, at its sole cost and expense, shall install the temporary and permanent interconnect- ing electrical cables between the CITY'S traffic control signal cabinet and the railroad's control cabinet, with the understanding that the terms, stipu- lations and conditions as contained in the Federal Aid Highway Program Manual, -2- ft • • Volume 6, Chapter 6, Section 2.1, effective March 28, 1975, and supplements will apply and govern. SECTION IV - The interconnection shall be placed in service immediately after installation is completed, pending final inspection by representatives of the CITY. The TRUSTEE shall notify the CITY of the date on which the inter- connection will be ready for final inspection. SECTION V - Upon completion of the temporary work, the TRUSTEE shall submit to the CITY a detailed statement (in sets of six) of the actual expense incurred by the railroad. After the CITY has audited the statement, the CITY shall reimburse the TRUSTEE promptly for the actual expense incurred. The estimated total cost of the work to be performed by the TRUSTEE at the expense of the CITY for the temporary work is eight hundred seventy five dollars (S875) contemplated by the detailed estimate of cost dated July 1, 1976, hereto attached and made a part hereof, marked "Exhibit C." SECTION VI - Upon completion of the permanent work, the TRUSTEE shall submit to the CITY a detailed statement of actual expense incurred by the rail- road. After the CITY has audited the statement, the CITY shall reimburse the TRUSTEE for the actual expense incurred with the understanding that the terms, stipulations, and conditions of a separate agreement or order of the Illinois Commerce Commission shall apply for the work to he performed by the TRUSTEE to accommodate the CITY'S permanent modification and improvement of the traffic signals, controller, and grade crossing of the railroad's tracks with McLean Boulevard. Plans for any future modifications by either the CITY or the TRUSTEE shall be submitted for approval and any change will be made at the sole expense of the party desiring such change. SECTION VII - After the interconnection has been installed in the rail- road's control cabinet and is ready for operation, it shall be owned, operated, ( ; and maintained by the TRUSTEE, at its expense, insofar as the equipment located in the railroad control cabinet is concerned. The CITY shall own, operate, andi maintain at its expense the traffic control signals, traffic controller, and aid interconnecting electric cables between the traffic control signal cabinet and - the railroad control cabinet. -3- r A 1 SECTION VIII - The CITY agrees to indemnify the TRUSTEE against and save it harmless from any and all liability whatsoever for loss or damage to any property whatsoever, and injury to or death of any person whomsoever, including all costs and expenses incident thereto, however arising, in whole or in part, from or in connection with the existence, construction, maintenance, repair, renewal, operation, use or removal of the traffic signals or the interconnect- Iing electrical cables between the traffic control signal cabinet and the rail- road control cabinet that are to be operated and maintained by the CITY or any defect therein or failure thereof. SECTION IX - It is understood that this agreement and the interconnec- tion of the traffic control signals with the railroad grade crossing warning devices described herein shall be terminated upon the agreement by both parties that the interconnection is no longer necessary or desirable. SECTION X - This agreement is binding on S. E. G. Hillman, not as an individual, but solely in his capacity as TRUSTEE. SECTION XI - This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors or assigns. 1 IN WITNESS WHEREOF, the parties have caused this agreement to be jexecuted in duplicate copies, both of which shall be considered originals by ! their duly authorized officers on the dates below indicated. Executed by the CITY, this CITY OF ELGIN Day of , 1978 Attest: By Marie Yearman, City Clerk Leo I. Nelson, City Manager Stanley E. G. Hillman, as Trustee of the Property of Executed by the TRUSTEE, this CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor Day of , 1978 Attest: By Secretary - °um APP ov p.:D -4- HIrt C.M. tP.&r'k.% u. A i. Coif.ENGR. SIG. COMM,