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2016-1357 RESOLUTION NO. 2016 -1357 A RESOLUTION REQUIRING THE REPAIR OF AN AT -GRADE RAILROAD CROSSING; WHEREAS, North Jackson Street, a public street in the City of Janesville, crosses the tracks of the Union Pacific at -grade (WisDOT Inventory No. 177- 416F); and WHEREAS, section 86.12 of the Wisconsin Statutes requires railroads to maintain public at- grade crossings in good condition and repair for public travel; and WHEREAS, the North Jackson Street crossing is not in good condition and repair for public travel due to missing rubber panels previously patched with wood panels, concrete panels, and asphalt that has now significantly settled; and WHEREAS, the City of Janesville hereby requires that the Union Pacific pave, plank, repair, change, or otherwise improve the crossing as the needs require; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE 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- highway crossing of North Jackson Street with the tracks of the Union Pacific in the City of Janesville, County of Rock, State of Wisconsin: NOW, THEREFORE, BE IT FURTHER RESOLVED, that in the event that the Union Pacific fails to repair the rail- highway crossing within 30 days after service of the Resolution, the Common Council of the City of Janesville 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- highway crossing of North Jackson Street with the tracks of the Union Pacific in the City of Janesville, County of Rock, State of Wisconsin. ADOPTED: October 24, 2016 Motion by: Jorgensen Second by: Liebert APPROVED: / Councilmember Aye Nay Pass Absent Deupree X Z " Gruber X Mark A. F eitag, City Manager Jorgensen x Liebed X ATTES ': Marklein X Tidwell X r ` Williams X Da d T. Godek, City Clerk- Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Engineering Prepared by: Engineering -