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HomeMy WebLinkAboutRes 39-77 12/06/1977 II II ) II Ii If I' Ii II II " II II 1'1 'vVHIIEREASf'Mon AtPpl'il 5, 19t7d7.'dthe presld'dent and Booadr~ of TruNstee2s7007f the II i . age 0 oun rospec 1 pass an approve r Inance o. , en- i I titled "An Ordinance Amending the Official Comprehensive Plan"; and I i i II II i II I' II Ii I II II It I I I i I I " RESOLUTION NO. 39-77 A RESOLUTION AUTHORIZING THE EXECUTION AND FILING OF A PETITION BEFORE THE ILLINOIS COMMERCE COMMISSION WHEREAS, said Ordinance No. 2707 establishes the need for the improve- ment of Maple Street " Prospect Avenue, and Northwest Highway with an at-grade crossing across the tracks of the Chicago and North Western Transportation Company's right-of--way, including appurtenant inter- section and signalization improvements; and WHEREAS, in order to accomplish the recommendations of said Ordinance No. 2707 in relation to said at-grade crossing improvement, the Rules of Practice of the Illinois Commerce Commission require that a Petition be filed by the Village of Mount Prospect before said Illinois Commerce Commission praying that an Order be entered granting permission to the Village of Mount Prospect to. construct a crossing at Maple Street, Prospect Avenue, and Northwest tlighway at grade across the tracks of the Chicago and North Western Transportation Company; a copy of which Petition is attached hereto and hereby made a part hereof as Exhibit I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village Attorney of the Village of Mount Prospect be and he is hereby authorized and directed on behalf of the Village of Mount Prospect to execute said Petition and to cause filing of same by service upon the Illinois Commerce Commission, the State of Illinois Depart- ment of Transportation, and the Chicago and North Western Transportation Company, as provided for in said Petition. SECTION TWO: That this Resolution shall be in full force and effect from .. .....- and after its passage and approval in the manner provided by law. I AYES: II Ii Ii 'I I. II II II L II II 6 NAYS: o 6th December PASSED this day of , 1977. 6th day of _ Dee.ember APPROVED this , 1977. //1/ J;.i (-- {l./CL :t.~. Mayor ') )j~~ ATTEST: II II ~_A(}. ~ Village Clerk _ . .' STATE OF ILLINOIS ILLINOIS CO~~ERCE COMMISSION IN THE MATTER OF THE PETITION OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS FOR AN ORDER OF THE ILLINOIS CO}~ffiRCE COMMISSION GRANTING PER~ISSION FOR THE CONSTRUCTION OF A CERTAIN PUBLIC STREET KNOWN AS MAPLE STREET AT GRADE ACROSS THE TRACKS OF THE CHICAGO AND NORTH WESTERN TR&~SPORTATION COMPANY OF CHICAGO, ILLINOIS AND PRESCRIBING THE M&~NER, INCLUDING THE PARTICULAR POINTS OF ~ROSSING AND THE TERMS OF INSTALLATION, OPERATION, MAINTENANCE, USE, AND PROTECTION : OF SAID CROSSING, PURSUANT TO SECTION 62, CHAPTER 111-2/3 OF THE ILLINOIS REVISED STATUTES, 1975. ?ET1TION r To the Illinois Commerce Commission: . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . Now comes your petitioner, the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, a municipal corporation, with offices at 100 South Emerson Street, Mount Prospect, Illinois, by JOHN J. ZI~~ID~N, its attorney, and in conformance with the Rules of Practice of the Illin?is Commerce Commission, states as follows: 1. That the respondents in this matter are the Chicago and North Western Transportation Company of Chicago, Illinois, with offices at 400 West Madison Street, Chicago, Illinois, and the State of Illinois, Department of Transportation, with offices at 1000 Plaza Drive, Schaumberg, Illinois. F ~1f'~/T f ~ 2. That your petitioner has, by action of its Board of Trustees, authorized the improvement of Northwest Highway, Prospect Avenue, and Maple Street, in the vicinity of the res- pondent, Chicago and North Western Transportation.Company of Chicago's tracks at Maple Street for ~he purpose of facilitating a proposed grade crossing, described hereinafter, across said tracks necessary to improve and facilitate highway traffic in and through the Village of Mount Prospect. 3. That it is proposed to extend Maple Street at grade across the three-track section of respondent, Chicago and North Western Transportation Company of Chicago's railway tracks; that no crossings are now in existence at the location of the crossing proposed; and that said improvement is required in the interest of public convenience and necessity. 4. That ~lour petitioner proposes the construction of said crossing in accord with the provisions of General Order 138 of the Illinois Commerce Co~~ission in the location and in the manner as shown on certain drawings marked for identification as Exhibit A attached hereto ~nd hereby made a part of this Petition. WHEREFORE, your petitioner prays that this Honorable Commission set the aforesaid matter for hearing at an early date, with due notice to the parties hereto, and after such hearing, enter an order granting permission for the construction of a grade crossing at Maple Street, Prospect Avenue, and Northwest Highway - 2 - " in the Village of Hount 'Prospect( Cook CountYf .Illinois( .at grade across the tracks of tfie Chicago and North.~'Testern Tl:'a..nsPQ;t"'t,ation Company of Chicago, Illinois, ,the location heretofore. set fortht and prescribing the manner, ,includi!19 the 'l?articular poi.nt~ ot crossing, and the terms of installation( ,operationf )1Ia,intenance, use, and protection of said crossi!1g, ,i'ncludf~g warni!l~ l~gh.t~t signals, gates, wa!ning signs, and marki'ngs, .and further finding that the grade crossing proteCtion fund of the motor fuel vehicle tax, as established By Chapter 120, Section 424 of tne J;llinois Revised Statutes, 1975, be called upon to bear a part of the cost of the installation and construction of tne. grade crossi~g( and for such other relief as the Commission may deem appropriate, - Dated at Mount Prospect, .I"llinois:i .this"(, ~.'.. . .-. day of~V , ,1977. VILLAGE OF MOUNT :J;>ROSPECT" . a municipal corporation of the County of Cook and State of Illinois ' JOHN J. ZI~U~E~~N Attorney for Petitioner 100 South Emerson Street Mount Prospect, Illinois 6Q056 Telephone: 392-6000 y - 3 - STATE: OF ILLINOIS 1- 1 ss t COUNTY OF COO K VERIFICATION JOHN J. ZI}'1,,~ERMANN( ,bei~g first duly sworn! ,on oa.tn deposes and says: That I am tne Village Attorney' q~ tne Vill~ge . . , of Mount Prospect, Cook County., .Illinois, a muni'ciI?a,l cqrl?ora,tiQni that-~ nave read the above 'and for~going petition b~ ~e subscribed and know the contents thereof; and that said contents ~~e true in substance and in fact. SUBSCRIBED and SWORN to before me tIllS' '1.7 ~ d~y of ,/Ct10-?~t/ , 19.77.. ....",~ f~ t? ~ Notary Public My Commission Ex~ires: . - 4 - , . . . . ;' STATE OF ILLINOIS ) ) SS ) COUNTY OF COO K AFFIDAVIT OF SERVICE JOHN J. ZI~.lliRMANN, being first duly sworn, on oath deposes and says: That he served the foregoing Petition by placing a true- and correct copy thereof in envelopes properly addressed and stamped to the following: Rose Claggert, Acting Secretary Illinois Commerce Commission . 527 East Capitol Avenue Springfield, Illinois 62706 Department of Transportation, State of Illinois 1000 Plaza Drive Schaumberg, Illinois 60172 George Brandt, Esquire Chicago and North Western Transportation Company 400 West Madison Street Chicago, Illinois 60606 and by depositing them in the United States Mail at 100 South Emerson Street, Mount Pr?spect~ Illinois, on /~~v 7 , 1977. SUBSCRIBED and ~WO~~ t:;C to befo~~_me thlS __ day ofA~~ , 1977. t~cl ~ Notary Public . / /' My Com~ission Expires: 9~7~Rd '-"~ - 5 - \k ~ ~./) -- P J? OP 0 .s E D _.h____ ... ,MAPLE.. - :57:..._. CR.OS5JN_G ---OJ(~.__ - _____c. .IN,. ~_uhRX._ rLRA.CJC5 {[ NORTH \.lJ ..J 0- .<( ~ 1 1. l I ~ EVERGRtt~ ~ A Ro ~p~ CI' EXHIBIT A ENGINEERING DEPARTMENT VILLAGE OF MOUNT PROSPECT 100 SOUTH EMERSON S~ MT. PROSPECT, IL 60056 ?111'1> 10/1