2011-797 CITY OF JANESVILLE
RESOLUTION NO. 2011 -797
A Resolution requiring the Union Pacific to repair two at -grade railroad crossings and
petition the Office of the Commissioner of Railroads for an investigation and order for
the repairs.
WHEREAS, S. Pearl Street and Johnson Street, are intersecting public streets in the City of
Janesville and cross the tracks of the Union Pacific at- grade, and
WHEREAS, section 86.12 of the Wisconsin statutes requires railroads to maintain public at-
grade crossings is in good condition and repair for public travel, and
WHEREAS, under a local public works improvement project, the City of Janesville will be
reconstructing S. Pearl Street and Johnson Street in 2011 resulting in anticipated useful life
serving the next 20 years, and
WHEREAS, the last street rehabilitation project occurred in 1990 without any improvements to
the subject at -grade Union Pacific crossings, and
WHEREAS, the City of Janesville is not aware of any rehabilitation work by the Union Pacific on
the existing rails and ties as part of the 1990 street rehabilitation project or since that project
was completed, and
WHEREAS, the existing at -grade Union Pacific crossings do not meet current industry
standards (currently a three rail installation with 112 lb rails) that will likely fail before the new
pavement has reached the end of its useful life, and
WHEREAS, the City of Janesville hereby requires the Union Pacific to pave, repair, change,
update rails & ties, or otherwise improve the crossings, as the needs require, concurrent with or
before said public works project, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby directs the City of
Janesville staff to serve a copy of this resolution upon the Union Pacific requiring the railroad to
repair the rail- street crossing of S. Pearl Street at Johnson Street and crossing of Johnson
Street at S. Pearl Street with the tracks of the Union Pacific in the City of Janesville, Rock
County.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that in the event that the Union Pacific
fails to repair the rail- street crossing within 30 days after service of the resolution, the City
Council hereby directs the City of Janesville staff to take all necessary steps to petition the
Office of the Commissioner of Railroads for an investigation and order for the repair of the rail -
street crossings of S. Pearl Street at Johnson Street and crossing of Johnson Street at S. Pearl
Street with the tracks of the Union Pacific in the City of Janesville, Rock County.
CITY OF JANESVILLE
RESOLUTION NO. 2011-797
(Page 2)
ADOPTED: April 25, 2011
MOTION BY: Steeber
APPROVED: SECOND BY: Liebert
COUNCILMEMBER AYE NAY PASS ABSENT
Eric . Levitt y Manager BRUNNER X
DONGARRA -ADAMS X
ATTEST:
LIEBERT X
an Ann Wulf, City Clerk -T asurer McDONALD X
RASHKIN X
APPROVED AS TO FORM:
STEEBER X
VOSKUIL X
Wald Klimczyk, City Attorney
_
Proposed by Engineering Division _
Prepared by Engineering Divisi�ln - -- '