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2016-1358 RESOLUTION NO. 2016 -1358 A RESOLUTION REQUIRING THE REPAIR OF AN AT -GRADE RAILROAD CROSSING; WHEREAS, East Memorial Drive, a public street in the City of Janesville, crosses the tracks of the Union Pacific at -grade (WisDOT Inventory No. 177 815S); 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 East Memorial Drive crossing is not in good condition and repair for public travel due to several settled rubber panels; 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 East Memorial Drive 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 East Memorial Drive 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 APPROVE : Councilmember Aye Nay Pass Absent Deupree X G Gruber X Mark . reitag, City Manager Jorgensen X Liebert X ATTES . ' / Marklein X Tidwell X -/Z ; / Williams X Godek, City erk- Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Engineering Prepared by: Engineering