R2004-12 AUTHORIZING AGREEMENT - Laserfiche WebLink

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• . . � , � STATE OF ILLINOIS ILLINOIS COMMERCE Commission STIPULATED AGREEMENT NO. 1072 This agreement made and entered into, by and between the State of Illinois acting by and through the Illinois Commerce Commission, hereinafter referred to as the "Commission", the NorFolk Southern Railway Company, hereinafter referred to as the "Company", the City of Decatur, hereinafter referred to as the "City", and the State of Illinois, Department of Transportation, hereinafter referred to as the "Department". WITNESSETH: WHEREAS, it has come to the attention of the Commission through informal correspondence that inquiry should be made into the matter of improving public safety at the Woodford Street highway-rail grade crossing of the Company's track located in the City of Decatur, Illinois, designated as crossing DOT 328 490E, milepost 4.70-ITG; and WHEREAS, proper investigation has been made of the circumstances surrounding the aforesaid crossing by a staff member 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 all other pertinent data relating to the crossing have been obtained and shown on Exhibit A, attached to the agreement; and WHEREAS, the parties are mutually agreeable to accomplish the proposed improvement upon a determination of the Commission by Order. NOW, THEREFORE in consideration of the premises 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 requiring that a certain improvement as hereinafter stated be made and that the cost for the proposed improvement be divided among the parties according to law and that in the interest of the statewide traveling public the Grade Crossing Protection Fund of the Motor Fuel Tax Law be required to bear a substantial portion of the cost; To Wit the parties agree as follows: Section 1 The improvement 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 proper improvement in the interest of public safety at the aforesaid crossing should be: 1