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STATE OF ILLINOIS <br /> ILLINOIS COMMERCE COMMISSION <br /> STIPULATED AGREEMENT 2309 <br /> This Agreement made and entered into, by and between the State of Illinois acting by and <br /> through the Illinois Commerce Commission (Commission), the Illinois Central Railroad <br /> Company (Company), City of Decatur (City), and the State of Illinois, Department of <br /> Transportation (Department or IDOT). <br /> WITNESSETH: <br /> WHEREAS, it has come to the attention of the Commission through staff evaluation that <br /> inquiry should be made into the matter of improving public safety by replacing antiquated <br /> warning devices and traffic signal interconnect equipment at the Martin Luther King, Jr. <br /> Drive highway-rail grade crossing (AAR/DOT #291241 P railroad milepost 77.54-A) of the <br /> Illinois Central Railroad's track in the City of Decatur, Macon County, Illinois; and <br /> WHEREAS, proper investigation has been made of the circumstances surrounding the <br /> subject crossing by a representative of the Commission's Transportation Division Railroad <br /> Section; and <br /> WHEREAS, the physical aspects, including geometrics of the intersection, train movements, <br /> vehicular traffic volume, and sight distances and other pertinent data relating to the crossing <br /> have been obtained and shown on Exhibit A attached to this Agreement; and <br /> WHEREAS, the parties are mutually agreeable to accomplish proposed improvements to <br /> the crossing upon determination of the Commission by Order. <br /> NOW, THEREFORE in consideration of the premises and of the mutual covenants and <br /> agreements as hereinafter contained the parties pray that the Commission enter an Order <br /> according to the provisions of Section 18c-7401 of the Illinois Commercial Transportation <br /> Law, 625 ILCS 5/18(c)-7401, requiring that certain improvements as hereinafter stated be <br /> made and that the cost for the proposed improvements be divided among the parties <br /> according to law and that in the interest of the traveling public the Grade Crossing Protection <br /> Fund (GCPF)of the Motor Fuel Tax Law (MFT) be required to bear a substantial portion of <br /> the cost; To Wit the parties agree as follows: <br /> Section 1 All improvements encompassed by this Agreement shall be made in <br /> accordance with all applicable State laws, rules, standards, regulations and orders and <br /> procedures in general. <br /> Section 2 The parties are of the opinion that the following improvements in the interest of <br /> public safety at the aforesaid crossing should be: <br /> (a) Replace the existing antiquated automatic flashing light signals and control <br /> circuitry with new automatic flashing light signals with bells controlled by <br /> constant warning time circuitry, and equipped with an event recorder and a <br /> remote monitoring system, by the Company. <br /> [Note: Crossing gates are not feasible at this location due to the extreme width and <br /> angle of the crossing. No crossing gates required.] <br />