2020-1786 RESOLUTION NO. 2020-1786
A resolution requiring the repair of an at-grade railroad crossing.
WHEREAS, The Fischer Creek Trailhead in the City of Janesville includes a public shared-use
path connection to the Peace Trail, which crosses the tracks of the Canadian Pacific Railroad
at-grade (WisDOT Inventory No. 924693C); 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 Fischer Creek Trailhead path crossing is not in good condition and is in need of
repair for public travel due to broken and degraded wooden railroad ties; and
WHEREAS, the City of Janesville hereby requires that the Canadian Pacific Railroad pave,
plank, repair, change, or otherwise improve the crossing as the needs require; and
NOW, THEREFORE, 13E 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 Canadian Pacific Railroad requiring the railroad to repair the rail-highway crossing of the
Fischer Creek Trailhead path with the tracks of the Canadian Pacific Railroad in the City of
Janesville, County of Rock, State of Wisconsin:
NOW, THEREFORE, 13E IT FURTHER RESOLVED, that in the event that the Canadian Pacific
Railroad 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 the Fischer Creek Trailhead path with the
tracks of the Canadian Pacific Railroad in the City of Janesville, County of Rock, State of
Wisconsin.
ADOPTED: July 13, 2020 Motion by: Consent
Second by: Consent
APPROVE D' � Councilmember Aye Nay Pass Absent
Benson X
// ` Conley X
Mark - . -reitag, City Manager 1111.• Farrell X
Johnson X
ATTES / MerKlein X
Williams X
/—, 'r� Wolfe X
Mll V . . Godelc, Ci y Clerk-Treasurer
APP'RO�V�EDAS TO FORM:
e �Wal li�yk, " iAttorney
Proposed by: Engineering Division
Prepared by: Engineering Division