Note: This document is only a sample. Changes should be made for local circumstances
as needed. The municipality may use its standard resolution format.
This document is sent to the railroad to demand the repair of the crossing – the first
formal step in the process under 86.12 Stats. This document COMBINES the demand for
the repairs with the authorization to the municipal staff to file the complaint if the railroad
fails to repair the crossing within 30 days after service of the demand for repairs.
A copy should also be sent to the OCR. If this form is used then the municipal staff
would need to send a letter to the OCR in order to start the formal hearing process.
Resolution No. (_______)
YEAR
MUNICIPAL GOVERNING BODY
RESOLUTION REQUIRING THE REPAIR OF AN AT-GRADE CROSSING
WHEREAS, ROAD, a public street in the MUNICIPALITY crosses the tracks of the RAILROAD
at-grade, and
WHEREAS, section 86.12 of the Wisconsin statutes requires railroads to maintain public at-grade crossings is in good condition and repair for public travel, and
WHEREAS, the ROAD crossing is not in good condition and repair for public travel
[DESCRIPTION OF THE CONDITIONS IS HELPFUL] and
WHEREAS, the MUNICIPALITY hereby requires that the RAILROAD pave, plank, repair,
change or otherwise improve the crossing, as the needs require and
NOW, THEREFORE, BE IT RESOLVED, that the GOVERNING BODY hereby directs the
MUNICIPAL staff to serve a copy of this resolution upon the RAILROAD requiring the railroad to
repair the rail-highway crossing STREET with the tracks of the RAILROAD in the
MUNICIPALITY, COUNTY.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that in the event that the RAILROAD fails
to repair the rail-highway crossing within 30 days after service of the resolution, the
GOVERNING BODY hereby directs the MUNICIPAL staff to take all necessary steps to petition
the Office of the Commissioner of Railroads for an investigation and order for the repair of the
rail-highway crossing of STREET with the tracks of the RAILROAD in the MUNICIPALITY,
COUNTY.
Sample Drafted by Douglas S. Wood
July 19, 2007
