Title
Resolution expressing the Common Council's frustration with the Office of the Commissioner of Railroads for their failure to act in a timely manner in ordering the Union Pacific Railroad Company to repair of the crossing in West Greenfield Avenue (STH 59) and other crossings in the City of West Allis.
Body
WHEREAS, pursuant to reports made by the Director of Public Works/City Engineer and in accordance with Wis. Stat. 86.12 (1), the Common Council of the City of West Allis passed Resolution No. R-2015-0101 on May 6, 2014 requiring the Union Pacific Railroad Company to repair the railroad crossing in W. Greenfield Avenue, U.S. DOT Crossing No. 177242L at milepost 86.34 of the Milwaukee subdivision at West Allis, Wisconsin and further authorized the City Clerk to serve a copy of said resolution upon Union Pacific Railroad Company (UP) and all other state and federal officials as required by Wisconsin State Statutes. The resolution requiring the repairs was sent to the railroad on June 12, 2014; and,
WHEREAS, by letter dated February 18, 2015, the City of West Allis filed a formal complaint with the Office of the Commissioner of Railroads (OCR) under Wis. Stat. ? 86.12 that the Union Pacific Railroad Company had failed to respond to Resolution No. R-2015-0101 and maintain in good condition for public travel the W. Greenfield Avenue crossing; and,
WHEREAS, By Final Decision dated May 12, 2015, the Commissioner, pursuant to Wis. Stat. 86.12 and 195.28 and 195.29, determined that the UP had failed to maintain the crossing in good condition. The Final Decision followed a public hearing on April 21, 2015, where representatives for UP did not appear. The Office of the Commissioner of Railroads ordered the Union Pacific Railroad Company to repair the crossing by complete reconstruction with concrete panels by October 31, 2015; and,
WHEREAS, on April 4, 2017, the Office of the Commissioner of Railroads reversed its original decision to make full, permanent r...
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