R-77-14RESOLUTION R -77- 14
A RESOLUTION DIRECTING THE REPAIR
OF AN UNSAFE RAILROAD CROSSING
WHEREAS, Section 62,.,of Chapter 114 of the Illinois Revised Statutes, 1975,
provides that railroad corporations have the duty to construct and maintain their
railroad crossings at streets and highways so at all times they shall be safe as to
persons and property; and
WHEREAS, Section 63 of Chapter 114 of the Illinois Revised Statutes, 1975,
provides that if a railroad corporation neglects the duty imposed upon it to maintain
railroad crossings, it shall be the duty of the proper public authorities charged with
such highways or streets to notify, in writing, the nearest agent of the railroad cor-
poration of the condition of the railroad crossing or approaches and direct the same
to be constructed, altered or repaired in such manner as they deem necessary for
the safety of persons and property; and
WHEREAS, the Village of Deerfield has received numerous complaints about
the condition of a railroad crossing within the Village of Deerfield and has caused
an inspection to be made of said railroad crossing within the Village of Deerfield and
has found said crossing to be hazardous and unsafe for vehicles and pedestrians:
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF DEERFIELD, ILLINOIS, that the Chicago,,
Milwaukee, St. Paul and Pacific Railroad Company crossing at Osterman Avenue is
unsafe and in disrepair in the following respects: rails depressed below surface,
holes in pavement, cracked surface, timbers parallel to tracks deteriorated, serious
deterioration of cross ties on westernmost switching line, and pedestrian crossing
on the south side of the crossing is in particularly dangerous condition - especially
in regard to the west main line. Said railroad corporation is hereby directed to re-
move and replace defective pavement and to remove and replace timbers paralleling
tracks and to repair pedestrian crossing so as to make this crossing safe for persons
and motor vehicles and bicycles.
BE IT FURTHER RESOLVED that the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company is hereby directed to make repairs as described and render
said railway crossing safe for pedestrians and vehicles within 30 days following re-
ceipt of a certified copy of this resolution.
BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and
directed to cause a certified copy of this resolution to be served by registered mail
on the nearest agent of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company.
RESOLVED this day of , A.D. 1977
BERNARD FO EST, President
ATTEST:
Catherine B. Price, Village Clerk