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. , <br /> -- -- - �:_ <br /> • ' STATE OF ILLINOIS <br /> � ILLINOIS��vvCOMMERCE COMMISSIODj � fi�'K � <br /> .,y^;y, 'a r^'.`S ',��� �.._r _,� ' � � !�� .'j /n. ` /',. ,'ti:,' ! � <br /> ' �� . l ` ,,�. <br /> i ��. ��. � � J ,,,'1 <br /> �1��`'' �`The City of Decatur, Illinois and Pai�k� ��1 '� � <br /> Development Company of Indianapolis, Indiana : �.,`�•� <br /> .. -vs- .:-, - '� <br /> Illinois central Gulf Railroad Company and � . �`�'�'J�g� <br /> the State of Illinois, Department of Trans- � ' `� <br /> portation • i <br /> • 59809 � <br /> Petition for an order authorizing the � <br /> construction of a crossing at grade on � <br /> Hubbard Avenue just west of S.B.I. Routes � <br /> � . 47 and 48. ' <br /> _ <br /> � ' DRDER ' <br /> By the Commission: � <br /> On May 22, 1975 the City of Decatur and Park 101 Development <br /> Company filed their joint petition for authority to extend Hubbard <br /> Avenue at grade across Illinois Central Gulf Railroad Company's <br /> single main track in the northeast part of Decatur. <br /> On June 20, 1975 joint Petitioners filed their Amencln;ent to <br /> Petition asking that the Grade Crossing Protection Fund bear a <br /> portion of the cost of installing any automatic protect�ion required <br /> at the Hubbard Avenue crossing and further requesting that the � <br /> Commission authorize the establishment of two spur track grade <br /> crossings with Business Boulevard approximately 350 and 385 feet <br /> respectively north of Hubbard Avenue within the industrial park. <br /> Pursuant to notice as required by law and by the rules and <br /> regulations of the Commission, this matter came on for hearing <br /> before a duly authorized examiner of the Commission at its offices <br /> in Springfield on June 20, 1975. At said hearing appearances <br /> were entered by counsel on behalf of the city, by counsel on <br /> behalf of Park 101 Development Company and by a representative of <br /> the Illinois Department of Transportation. There were no other <br /> appearances. At the conclusion of hearing on said date the <br /> matter was marked "Heard and Taken". ' � <br /> The Commission having given due consideration to the evi- <br /> dence both oral and documentary introduced at the hearing held in <br /> this matter and.being fully advised in the premisea is of the <br /> opinion and finds that: <br /> . (1) Illinois Central Gulf Railroad Company, a <br /> Respondent herein, is a corporation en <br /> ga ed <br /> i 5 <br /> n the transportation of passengers and/or <br /> - goods for hire i <br /> n the <br /> „ State of Slli <br /> as such, is a nois and, <br /> Section 10 of PAn1Actuconcernin defined in <br /> utilities" 9 Public <br /> , as amended; this Commission has <br /> jurisdiction of the subject matter and of <br /> the parties to this proceeding; � <br /> (2? Park 101 Development Company is in the <br /> process of develoFing a:, industrial park <br /> in the northeast part of the City of Decatur; <br /> SBI Routes 47 and �3 extend generally north- <br /> east - southwe�t u1�;q the easterly side of � <br /> said industrial park; a single main track of <br /> Illinois Central Gulf Railroad Company <br /> extends generally parallel to said highway <br /> aad appro::imately 50 feet west thereof; � <br /> in connection with the development of said <br />