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R2013-114 AUTHORIZING THE EXPENDITURE OF MOTOR FUEL TAX FUNDS
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R2013-114 AUTHORIZING THE EXPENDITURE OF MOTOR FUEL TAX FUNDS
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8/14/2015 1:39:24 PM
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Resolution/Ordinance
Res Ord Num
R2013-114
Res Ord Title
AUTHORIZING THE EXPENDITURE OF MOTOR FUEL TAX FUNDS FOR DECATUR JUNCTION RAILWAY COMPANY REIMBURSEMENT
Approved Date
11/18/2013
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1 <br /> T12-0135 i <br /> responsible for any costs of such.installation.and materials in excess of$51,925 except ! <br /> to the extent the Commission, pursuant to petition of DJR, enters any further Order <br /> requiring the City to be responsible for any of such additional costs. Th$ parties agree <br /> that DJR may request such additional contribution by supplemental petition filed within <br /> 120 days of completion of the work or within any extended time granted by the <br /> Commission, and DJR, as the party submitting the estimate upon which the $51,925 is <br /> premised, and as the party responsible for incurring the costs, shall have the burden to ! <br /> establish the reasonableness of the amounts and reasonableness of the purposes by a <br /> preponderance of the evidence. The parties agree that DJR's payment for any costs in <br /> excess of$51,925 shall not prejudice DJR's right to seek reimbursement from any other <br /> entity, other than the City, outside of the supplemental petition process. <br /> PARTIES and STAFF POSITIONS <br /> All parties and Staff filed stipulations to the facts, findings and ordering <br /> paragraphs of this Order. <br /> PROPOSED ORDER <br /> All parties and staff waived issuance of a Proposed Order. <br /> i <br /> COMMISSION ANALYSIS <br /> When an interconnection between traffic signals and a e-c <br /> gra rossing is <br /> proposed at a location where traffic signals are not yet installed, the traffic signals may <br /> not be installed without Commission approval, based upon considerations directly <br /> affecting the public safety at the railroad-highway grade crossing. The Commission <br /> may determine the number, type, and location of the traffic control devices on the track <br /> approach legs of the intersection and the.timing of the railroad preemption sequence of ` <br /> operation. The design plans submitted with the "Warning Time Study" attached to the <br /> Petition have been reviewed by and approved by' Staff of the Corrimi$sion, and the <br /> parties have agreed with the terms of this Order. ` <br /> FINDINGS AND ORDERING PARAGRAPHS <br /> I <br /> The Commission, having reviewed the entire record, finds that: <br /> 1) The Commission has jurisdiction over the parties and the subject matter of <br /> this proceeding; <br /> 1 <br /> 2) The City of Decatur is a Municipal Corporation organized and existing <br /> under the laws of the State of Illinois, with its principal offices located at <br /> One Gary K. Anderson Plaza, Decatur, Illinois 62523; <br /> i <br /> 4 <br /> i <br />
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