City of Milbank ORDINANCE NO. 834, May 2021

Published by admin on Fri, 05/28/2021 - 1:49pm

City Street Closure Ordinance

City of Milbank

1001 East 4th Ave.

Suite 301

Milbank, SD 57252

ORDINANCE NO. 834

AN ORDINANCE CALLING FOR THE CLOSING OF THE RAILROAD CROSSING LOCATED ON EASTMAN ST., RAILROAD MILEPOST 610.67 IN THE CITY OF MILBANK

WHEREAS, The BNSF Railway Company, the State of South Dakota, and the CITY OF MILBANK have joined together to consolidate redundant and unnecessary street/railroad crossings; and

WHEREAS, the City of Milbank, met in regular session on April 19, 2021 and May 10, 2021 and there discussed and approved the railroad crossing closure at Eastman St. in the City Limits of Milbank;

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY OF MILBANK, that the Eastman St. DOT No. 393634F crossing be permanently closed to vehicular traffic and vacated at the time the City places appropriate end-of-road treatment on both of the roadway approaches at a minimum distance of 30 feet from nearest rail of the track. The City will then remove both roadway approaches between the end-of-road treatment and the track. The Railroad will remove the crossing surfaces from between the rails.

In lieu of installing permanent end-of-road barriers, the City may re-establish the natural parallel ditch line.

City shall coordinate removal of roadway approaches with the BNSF Roadmaster in order for the Railroad to provide the required flagging for notification of train operations.

Passed and approved this 10th day of May 2021.

/s/ Pat Raffety, Mayor

ATTEST:

/s/ Cynthia Schumacher,

Finance Officer