2013-1063 Resolution No. 2013 -1063
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PETITION THE OFFICE OF THE COMMISSIONER OF RAILROADS FOR THE
ESTABLISHMENT OF A NEW AT -GRADE RAILROAD CROSSING AT TODD DRIVE
WHEREAS, the CITY OF JANESVILLE, a Wisconsin Municipal Corporation ( "CITY ") proposes
to cross the tracks of the WISCONSIN AND SOUTHERN RAILROAD at -grade with Todd Drive,
a public street, south of Delevan Drive and
WHEREAS, the crossing is necessary to promote public safety, convenience for truck traffic,
and to make additional land available for industrial development in the CITY's south side
Industrial Park, and
WHEREAS, the establishment of the crossing is advisable under all the circumstances, and
necessary for further economic development to occur on the CITY's south side, and
WHEREAS, Section 195.29 Wisconsin Statutes authorizes the Office of the Commissioner of
Railroads to determine whether the establishment of the crossing is necessary to promote
public safety and convenience and is advisable, to determine the necessary warning devices for
the new crossing, and to apportion all costs for the new crossing, including the costs of any
automatic warning devices, and
WHEREAS, the CITY proposes to pay all costs necessary to safely establish the crossing
contingent upon the commitment from adjoining land owners and the commitment for future
development in the area that would help support the railroad crossing and Todd Drive
extension; and
WHEREAS, said funding is proposed to come from a future CITY note issue budgeted
appropriation(s); and
WHEREAS, the Common Council of the CITY hereby find this crossing and cost payment to be
in the best interests of, and of benefit to, the CITY.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the CITY that the City
Administration is hereby directed to take all necessary steps to petition the Office of the
Commissioner of Railroads for an investigation and order to approve the establishment of the
new crossing, to determine the necessary warning devices, and to apportion the costs for the
new crossing of Todd Drive with the tracks of the WISCONSIN AND SOUTHERN RAILROAD in
the CITY of Janesville, County of Rock.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the CITY staff shall comply with
Chapter 195, Wisconsin Statutes and RR 1.025, Wisconsin Administrative Code in the filing of
the petition.
Resolution 2013 — 1063
Page 2
Motion by: Liebert
ADOPTED: December 9, 2013 Second by: Kealy
Councilmember Aye Nay Pass Absent
APPROVED: / Farrell X
d Fitzgerald X
�� Kealy X
Mark A. F eitag, City Manager
Liebert X
ATTEST: Marklein X
Severson X
Voskuil X
Je. ' Ann Wulf, City Clerk- Treasure
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Assistant City Manager
Prepared by: City Attorney