R2023-72 Resolution Authorizing a Stipulated Agreement Concerning Voluntary Vacation and Permanent Closure of the William Street At-Grade Crossing with the Decatur and Eastern Illinois Railroad

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STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION STIPULATED AGREEMENT 2271 This Agreement made and entered into, by and between the State of Illinois acting by and through the Illinois Commerce Commission ("Commission"), Decatur & Eastern Illinois Railroad ("Company"), the City of Decatur ("City"), and the State of Illinois, Department of Transportation ("Department" or"IDOT"). WITNESSETH: WHEREAS, it has come to the attention of the Commission through an application from the City that inquiry should be made into the matter of improving public safety by voluntary vacation and permanent closure of the William Street highway-rail grade crossing of the Company's track in Decatur, Macon County, Illinois, designated as crossing AAR/DOT #154643W; railroad milepost BD-276.13; and WHEREAS, proper investigation has been made of the circumstances surrounding the subject crossing by a representative of the Commission's Transportation Division Railroad Section; and WHEREAS, the physical aspects, including geometrics of the intersection, train movements, vehicular traffic volume, and sight distances and other pertinent data relating to the crossing have been obtained and shown on Exhibit A, attached to this Agreement; and WHEREAS, the parties are mutually agreeable to accomplish proposed improvements to the crossing upon determination of the Commission by Order. NOW, THEREFORE in consideration of the promises and of the mutual covenants and agreements as hereinafter contained the parties pray that the Commission enter an Order according to the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law, 625 ILCS 5/18(c)-7401, requiring that the crossing be closed as hereinafter stated and that the cost for the proposed closure be divided among the parties according to law and that in the interest of the traveling public the Grade Crossing Protection Fund ("GCPF") of the Motor Fuel Tax Law ("MFT") be required to bear a substantial portion of the cost; To Wit the parties agree as follows: Section 1 All improvements encompassed by this Agreement shall be made in accordance with all applicable State laws, rules, standards, regulations and orders and procedures in general. Section 2 The parties are of the opinion that the following improvements in the interest of public safety at the aforesaid crossing should be: