NUMB:
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing and directing the proper City officials to petition the Office of the Commissioner of Railroads of the State of Wisconsin for a Finding of Fact and Order relative to a new industrial rail spur at-grade crossing of West Mt. Vernon Avenue, approximately 1,000 feet east of North 17th Street, serving City-owned property at 1313 West Mt. Vernon Avenue, currently under lease by USA CRINC, Inc., the City of Milwaukee's Recycling Contractor, in the 12th Aldermanic District of the City of Milwaukee.
ANLS:
- Analysis -
This resolution authorizes and directs the City Engineer to petition the Office of the Commissioner of Railroads for a Finding of Fact and Order for a new at-grade spur railroad crossing across West Mt. Vernon Avenue, east of North 17th Street, which will serve City-owned property at 1313 West Mt. Vernon Avenue, and also authorizes the Commissioner of Public Works to enter into an Industry Track Agreement for the operation and maintenance of the spur track.
BODY:
Whereas, A new industrial rail spur at-grade crossing of West Mt. Vernon Avenue, approximately 1000 feet east of North 17th Street, is proposed to be constructed; and
Whereas, The new rail spur track will serve City-owned property at 1313 West Mt. Vernon Avenue, which is currently under lease by USA CRINC, Inc., the City of Milwaukee's recycling contractor; and
Whereas, USA CRINC, Inc. has agreed to bear the full cost of the railroad spur track construction and maintenance of same during the term of their lease; and
Whereas, Approval from the Office of the Commissioner of Railroads of the State of Wisconsin (OCR) for authority to establish a new at-grade crossing across West Mt. Vernon Avenue is necessary; and
Whereas, An Industry Track Agreement, a sample copy of which is attached to this file by reference as though set forth in full, will need to be entered into between the City of Milwaukee, as owner of the spur track, USA CRINC, Inc., as user of the facility and the Canadian Pacific Rail System; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City Engineer is hereby authorized and directed to petition the Office of the Commissioner of Railroads of the State of Wisconsin for authority to establish a new at-grade crossing across West Mt. Vernon Avenue, approximately 1,000 feet east of North 17th Street; and, be it
Further Resolved, The Commissioner of Public Works is hereby authorized and directed to negotiate and execute on behalf of the City an Industry Track Agreement along with CRINC and the Canadian Pacific Rail System for operation and maintenance of the at-grade spur railroad crossing with such minor nonsubstantive revisions which may be necessary in the standard form of these documents required to address issues encountered during the finalization of these documents, as approved by the Commissioner and the Office of the City Attorney; said agreement to be recorded with the Milwaukee County Registrar of Deeds and, be it
Further Resolved, The Commissioner of Public Works is hereby authorized and directed to issue permits to CRINC and its Contractor(s) for the construction of said spur track, as soon as acceptable plans are available, in advance of formal action of the OCR to allow for installation of the spur track this construction season with the understanding that should the OCR fail to approve the crossing or should the City, CRINC or CP Rail System fail to come to consensus on the Industry Trade Agreement, CRINC will remove
all construction and restore the public way to its preexisting condition or to the satisfaction of the Commissioner of Public Works at no cost to the City.
DFTR:
Infrastructure Services Division
JJM:cjt
October 20, 1997
FINDING