DENALI BOROUGH, ALASKA

RESOLUTION NO. 95-03

A RESOLUTION OF THE DENALI BOROUGH ASSEMBLY REQUESTING

THE ALASKA STATE LEGISLATURE TO ENACT LEGISLATION TO

RESOLVE THE ROADWAY/RAILROAD CROSSING ISSUES.

WHEREAS, Municipal road authorities along the Alaska Railroad have experienced an ongoing controversy with the Alaska Railroad Corporation over costs and policies relating to roadway crossings; and

WHEREAS, specific issues include:

1.) creation of new railroad track crossings,

2.) the advisability of abandoning existing railroad crossings,

3.) the necessity or desirability of upgrading the traffic safety control devices used at railroad crossings,

4.) allocation of the capital construction costs that follow these types of decisions,

5.) allocations of the costs of general maintenance focusing on the maintenance of safety devices and further focusing on the costs of clearing vehicular approach field of vision, and

6.) financial responsibility for claims that may arise by reason of injuries occurring in relation to common use of roadways crossing railroad tracks.

WHEREAS, the subject or roadway/railroad crossings was reviewed in depth by the State Ombudsman's office in a report dated November 16, 1989; and

WHEREAS, examples of uniform statewide policies collected for the Ombudsman have been used to develop a first draft legislative proposal.

NOW THEREFORE BE IT RESOLVED by the Denali Borough Assembly that the Alaska State Legislature, Governor and Alaska Railroad Corporation are encouraged to consider and adopt new legislation to establish uniform statewide policies for municipal road crossings of railroad tracks.

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 12th day of February, 1995.

SIGNATURE ON FILE

Mayor

ATTEST: SIGNATURE ON FILE

Borough Clerk