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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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T12-0135 <br /> 12) DJR should be responsible for the installation, of the interconnect circuitry <br /> from the railroad control cabinet to and through the railroad track; and <br /> Topflight and DJR or their successors shall be responsible for the future <br /> operation and maintenance, and costs thereof; Topflight and DJR or their <br /> successor should continue to be responsible for the maintlenance of the <br /> crossbuck and yield signs, and the costs thereof; <br /> 13) Costs of Materials and Installation to the Railroad Control Kabinet The <br /> City has should be responsible for all costs of the interconnection circuitry <br /> and appurtenant hardware from the traffic signals to the railroad control <br /> cabinet and for the costs of installation of the circuitry and hardware from <br /> the traffic signals to the railroad control cabinet. <br /> 14) Costs of Materials and Installation from the Railroad Control!Cabinet: The <br /> City should be responsible for the costs of the circuitry and appurtenant <br /> hardware.from the railroad control cabinet to and along the rails and the <br /> costs of installation thereof up to $51,925, and for the reasonable amount <br /> of any additional costs incurred for reasonable purposes as determined by j <br /> the Commission pursuant to petition of DJR for sulch additional i <br /> contribution. DJR should be responsible for any costs of such installation i <br /> and materials in excess of $51,925 except to the extent tho Commission, <br /> pursuant to petition of DJR, enters any further Order requiring the City to <br /> be responsible for any of such additional costs. Provision should be made <br /> that DJR may request such additional contribution by i supplemental <br /> petition filed within 120 days of completion of the work or within any <br /> extended time granted by the Commission, and DJR, as the party <br /> submitting the estimate upon which the $51,925 is premised, and as the <br /> party responsible for incurring the costs, should have the burden to <br /> establish the reasonableness of the ,amounts and reasonableness of the <br /> purposes by a preponderance of the evidence; DJR's payment for any <br /> costs in excess of $51,925 should not prejudice DJR's right to seek <br /> reimbursement from any other entity, other than the City, outside of the <br /> supplemental petition process. <br /> 15) The City should be responsible for the future operation and! maintenance <br /> of traffic signals, signing and pavement markings at the highway <br /> intersection and the grade crossing, and the costs-thereof, except the city <br /> shall not be responsible for maintenance or costs associated With the <br /> crossbuck signs; <br /> 16) The City of Decatur, DJR, and Topflight should, upon entry of this Order, <br /> proceed tow cJ___tbe___mmpletiDn e—proposed__-#provements, <br /> 6 ` <br />
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