Title
Joint resolution authorizing an agreement with the Illinois Commerce Commission (ICC), the Illinois Department of Transportation (IDOT), and the Wisconsin Central Ltd. Railroad (RAILROAD), for improvements to the North Avenue highway-rail grade crossing east of Illinois Route 83 in Antioch, Illinois.
Staff Summary
• The RAILROAD recently performed improvements to its tracks that cross North Avenue, County Highway 3, east of Illinois Route 83 in Antioch, Illinois.
• The RAILROAD improvements, which raised the grade of the tracks, caused an unsafe condition along North Avenue and require improvements to the roadway, drainage system, and sidewalk to correct the issues.
• The County plans to lead this improvement, under an emergency declaration, with reimbursement from the RAILROAD and State Grade Crossing Protection Funds administered by the ICC and IDOT.
• This resolution authorizes an agreement with the ICC, IDOT, and the RAILROAD that state the terms and conditions for each agency’s involvement in the improvements.
• An appropriation of County funds will be required upon completion of the work, and at such time when the total projects costs have been determined. This project is designated as Section 23-00119-11-RR.
Body
RESOLUTION
WHEREAS, North Avenue, County Highway 3, is a designated route on the County highway system; and
WHEREAS, the RAILROAD owns and operates facilities within the RAILROAD right-of-way that cross North Avenue, east of Illinois Route 83 in Antioch, Illinois; and
WHEREAS, the RAILROAD recently made improvements to its facilities, which included raising the track grades, that has caused an unsafe condition for motorists and pedestrians at the North Avenue highway-rail crossing; and
WHEREAS, the Illinois Commercial Transportation Law establishes general safety requirements for railroad track, facilities and equipment, including crossings with public highways, and gives the ICC jurisdiction to administer and enforce the requirements of this law; and
WHEREAS, the ICC and IDOT administer State Grade Crossing Protection Funds and crossing safety projects paid with these funds; and
WHEREAS, the Lake County Division of Transportation (LCDOT) initiated meetings with the ICC, IDOT, and RAILROAD to determine the best path for correcting the deficiencies to the North Avenue crossing caused by the RAILROAD’s track improvements; and
WHEREAS, as a result of these meetings, it was determined that the LCDOT should lead the improvements to North Avenue, with reimbursement from State Grade Crossing Protection Funds and the RAILROAD; and
WHEREAS, Lake County, the ICC, IDOT, and the RAILROAD are desirous of entering into an agreement stating the terms and conditions for improvements along North Avenue, a draft copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that the County Engineer of Lake County, is authorized and directed to execute on behalf of Lake County, an agreement, and any subsequent amendments, between Lake County, the Illinois Commerce Commission, the Illinois Department of Transportation, and the Wisconsin Central Ltd. Railroad, stating the terms and conditions for improvements to the North Avenue highway-rail crossing east of Illinois Route 83 in Antioch, IL; and
BE IT FURTHER RESOLVED, that in the event that an agreement cannot be reached with the Illinois Commerce Commission, Illinois Department of Transportation, and the Wisconsin Central Ltd. Railroad, the County Engineer is authorized to make the necessary emergency improvements along North Avenue and to file a petition with the Illinois Commerce Commission for an order requiring reimbursement by the Wisconsin Central Ltd. Railroad; and
BE IT FURTHER RESOLVED, that the County Engineer shall transmit, in writing, the final agreement, and any subsequent amendments, to the County Clerk.
DATED at Waukegan, Illinois, on October 10, 2023.