TITLE 8
TRANSPORTATION AND PUBLIC UTILITIES

ARTICLE 1
COUNTY HIGHWAY

Chapter 1
County Highway Department
Administration, Construction, Maintenance

County Highway Department Administration, Construction, Maintenance.  WHEREAS, the existing statutes relating to county highway administration place the responsibility for construction and maintenance of these highways upon the County Commissioners of the County.

WHEREAS, construction, maintenance and repair of county highways is today a complex and scientific undertaking.

WHEREAS, providing for necessary traffic loads in respect to local topographical and climatic conditions in an economical manner requires technical data and skill.

WHEREAS, it is the policy of the County Commissioners to carry out their responsibilities and duties in county highway administration by providing for systematic planning and operation of the county highway system; of securing employees who are technically competent to aid them in the discharge of their duties.

NOW, THEREFORE, be it ordained by the Board of Commissioners of DeKalb County in Indiana, as follows:

Driveway Permits to be Approved by Highway Superintendent.  WHEREAS, the DeKalb County Commissioners have reviewed the need for public safety and the preservation of public roads from erosion, and therefore it is duly ordained that no private driveway permits shall be approved by the DeKalb County Building Administrator and no building permits shall be issued until the applicant has obtained a driveway permit from the Superintendent of Highways of DeKalb County, who shall not issue said driveway permit until the applicant agrees to comply with the tile and driveway pipe installation requirements affixed hereto and made a part hereof.

This ordinance shall be enforced as a part of and pursuant to the penalty provisions set forth in the DeKalb County Zoning Ordinance and shall be subject to enforcement by all legal proceedings provided therein and pursuant to the laws of the State of Indiana for enforcement thereof.

(Ord. o052885, passed May 28, 1985)

County Highway Supervisor Appointment of Miser.  RESOLVED, That Elmer Johns, DeKalb County Highway Supervisor, duly appointed for one year, beginning January 1, 1961 and ending December 31, 1961, at an annual salary of $5,000.00.

FURTHER RESOLVED, That Elmer Johns died on the 17th day of December, 1961, while acting County Highway Supervisor and the said Elmer Johns during the year 1961 did not receive his annual vacation:

FURTHER RESOLVED, that Charles T. Miser of Garrett, Indiana, has submitted his consent to the Board of County Commissioners to serve the remainder of the current year as County Highway Supervisor without compensation.

IT IS HEREBY RESOLVED, by the Board of County Commissioners of DeKalb County, Indiana, that the salary for the balance of the current year due and payable to Elmer Johns deceased be paid to his estate; that the said Charles T. Miser of Garrett, Indiana be appointed temporarily as DeKalb County Highway Supervisor without compensation for the balance of the current year.

(Res. 61-17, passed December 18,1961)

Chapter 2
County Roads

County Roads. 

Holiday Lakes Sub-Division of Certain Roads Accepted into Highway System.  BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, THAT:

WHEREAS. More that ten (l0) resident freeholders of the Holiday Lakes Subdivision, Butler Township, DeKalb County, Indiana, had petitioned the Board of County Commissioners, DeKalb County, Indiana for assistance in grading highways improved situated in the Holiday Lakes Subdivision, Butler Township, DeKalb County, Indiana, described as follows, to wit:

Cottonwood Drive, South Cottonwood Drive, North Cottonwood Drive, Pine Tree Drive, Skyline Drive and Thornwood Drive.

WHEREAS, the County Highway Supervisor had prepared the specifications and plans for their improvements, which were approved by the Board of County Commissioners;

WHEREAS, the freeholders in the Holiday Lake Community Association have at their own expense, under the direction of the county highway supervisor, established grades and improved the roads according to plans and specifications.

WHEREAS, the DeKalb County Highway Supervisor has submitted in writing to the Board of County Commissioners that the grading and draining is completed on said roads in accordance with the plans and specifications.

NOW, THEREFORE, BE IT ORDAINED THAT Cottonwood Drive, South Cottonwood Drive, North Cottonwood Drive, Pine Tree Drive, Skyline Drive and Thornwood Drive shall be accepted as improved highways and hereafter they shall be deemed a part of the improved roads of DeKalb County Highway System and shall be maintained by the County an provided by law.

(Ord. 62-5, passed May 28, 1962)

State Highway Commission Takes Over Maintenance of County Highway.  WHEREAS an improved gravel road and a part of the County Highway System begins at the Ohio State line on the section line between sections Twenty-Eight (28) and Thirty-Three (33) in Newville Township and runs in a westerly direction a distance of Twenty and One-half (20-1/2) miles and terminates at the Noble County line on the section lines between Sections Thirty (30) and Thirty-One (31) in Butler Township, and

WHEREAS said county highway constitutes the most direct and best route for the People of southern DeKalb County and northern Allen County to reach the new state park to be established in Noble County, and

WHEREAS both DeKalb and Allen Counties have made appropriations to assist in the establishment of said State Park in Noble County and should have an improved highway to reach said park, and

WHEREAS said county road connects at it's east terminus with an outlet to several Ohio State Highways, giving an outlet both north and south and east to various points in Ohio.

NOW THEREFORE be it resolved that the Board of Commissioners of DeKalb County now petition the State Highway Commission of Indiana to take over said county highway for maintenance as a part of the state highway system of Indiana and further resolve to procure any and all additional right of way for said highway, at the expense of DeKalb County, that may be designated or required by the State Highway Commission of Indiana.

BE IT FURTHER RESOLVED that the Auditor of DeKalb County certify and file with the State Highway Commission, a copy of this resolution.

(Res. 110546, passed November 5, 1946)

State Highway Commission Takes Over Maintenance of Road Beginning on State Road 101, West to State Road 3.  BE IT RESOLVED by the State Highway Commission of Indiana that the following highway be taken into and made a part of the State Highway System of Indiana whenever the conditions hereinafter set out are compiled with , to-wit:

THAT said highway shall not be taken over for maintenance until (1) the proposed Chain of Lakes Park is property of the state of Indiana and (2) a right of way of sufficient width, to be determined by the Commission, is obtained and paid for by the counties in which such highway is located.

In DeKalb and Noble Counties: Beginning at a point on State Road 101, thence west to State Road 3.

(Res. 120247, passed December 2, 1947)

State Highway 205 Extension.  WHEREAS, the Pennsylvania Railroad Company has abandoned its right of way from Auburn to Butler, Indiana, which right of way constitutes a straight level route of 100 feet width connecting these cities of DeKalb County, Indiana, and

WHEREAS, said right of way would afford an economical and advantageous route for the ex tension of State Road No. 205 to Butler and would in itself constitute a good farm-to-market highway, and

WHEREAS, State Road No. 205 and State Road No. 9 afford a convenient route by which traffic can avoid the metropolitan area of Fort Wayne, and

WHEREAS, said route would afford a convenient alternative in the event of a disaster occurring in Fort Wayne that would block traffic on the main highways, and

WHEREAS, said route constitutes a convenient access from northeastern Indiana, eastern Michigan and Northwestern Ohio to the north-central part of Indiana,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, that it is recommended that State Highway No. 205 be extended from its eastern terminus through or around Auburn to Butler, Indiana and that said State Highway Commission seriously consider the opportunity afforded by the availability of the Pennsylvania right of way for that purpose and

BE IT FURTHER RESOLVED, that said State Highway Commission is urged to consider said extension promptly before said right of way is returned to agricultural use, and

BE IT FURTHER RESOLVED, that the Auditor is directed to forward a copy of this resolution to the State Highway Commission of Indiana at Indianapolis.

(Res. 060457, passed June 4, 1957)

Road from South Wayne Street to Cemetery Road on Township Line between Jackson and Union Township.  RESOLVED, That DeKalb County, Indiana endeavor to build and construct, in connection with the City of Auburn, a road from South Wayne Street to Cemetery Road on the Township Line between Jackson and Union Townships.

BE IT FURTHER RESOLVED, That for this purpose the County employ the firm of Monical and Wolverton of Indianapolis as consulting engineers and that the contract with said firm is now executed. (Contract located in the file for Federal Aid in the Auditor's office

BE IT FURTHER RESOLVED, That the County request the State Highway Commission that the secondary road fund allocation for Federal Aid now allocated to the County be transferred to urban funds or such other funds as may be used for the construction of said road. (The request is also located in the Federal Aid file in the Auditor's office.)

BE IT FURTHER RESOLVED, That upon the transfer of such funds, the County Attorney is instructed to negotiate a contract with the City of Auburn, Indiana for the construction of said road and the relative duties and obligations of the county and city and obligations of the county and city and submit same to this board.

(Res. 60-2, passed February 29, 1960)

Pfister and Steiner Sub-Division Roads Accepted as Public Highways and County Roads.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That traffic on County Road No. 35 be required to stop before entering County Road 40A and that County 40A be not required to stop before entering said intersection.

BE IT FURTHER RESOLVED, That after studying the traffic situation at said intersection that a speed limit of thirty miles per hour be established on County Road 40A for a distance of 300 feet east and west of said intersection.

BE IT FURTHER RESOLVED, That the Highway Superintendent be and he hereby is directed to post appropriate signs to carry out this resolution and that in addition to the usual signs, said Highway Superintendent is directed to post "Stop Sign Ahead" signs on County Road 35 at a distance of approximately 200 feet north and south of said intersection and such additional warning signs as he deems justified by the traffic conditions.

(Res. 60-3, passed April 4, 1960)

Road Connecting Roads 50 and 52, Passing under Interstate 69.  WHEREAS, the designated route for Interstate road # 69 shall cross through DeKalb County, Indiana, thereby permanently closing many of the county roads as a result thereof;

WHEREAS, the final plans for the closing of DeKalb County Roads 50 and 52 has been specified by the Indiana State Highway Department for the construction of new Interstate Road # 69, as Project I-69-5 (18) 125 near station 780; and

WHEREAS, DeKalb County Roads # 50 and #52 are of the better high type black topped highways of the said county; that said highways are feeder roads leading to the Cities of Auburn and Garrett, Indiana; that said roads are used for mail and school bus routes; that there are landowners along said roads whose farm operations would be severed with no right of way having been taken; that it would be for the best interest of the county that a service road be constructed in place there,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, that service road be constructed by the Indiana State Highway Department in its project I-69-5 (18) 125, being Interstate Highway # 69, starting on DeKalb County Road #52 and running south along the west right of way line of the proposed Interstate Highway #69 to the structure over the New York Central Railroad, thence east under said structure to the east right of way of Interstate highway #69, thence parallel along said existing County Road # 50, for the purpose of continuing the feeder traffic to both the cities of Auburn, Indiana and Garrett, Indiana, which would promote and protect the welfare of the residents of DeKalb County, Indiana.

BE IT FURTHER RESOLVED, that the County Attorney be instructed to take such legal steps as are necessary to keep the road open and that a certified copy of this resolution be forwarded to the Indiana State Highway Department and the Attorney General of the State of Indiana.

(Res. 62-3, passed February 19, 1962)

County Road #14 Overpass over I-69 in Smithfield Township.  WHEREAS, the designated route for Intestate Road #69, shall cross through DeKalb County, Indiana, thereby permanently closing many of the county roads as a result thereof;

WHEREAS, the final plans for the closing of DeKalb County Road #34, in Smithfield Township, DeKalb, County, Indiana, for the construction of new Interstate Road #69, as Project I-69-5 (40) 135 near station 125; and

WHEREAS, at least 75 freeholders have petitioned the Board of County Commissioners requesting that the Indiana State Highway Commission of Indiana be required to build an over-pass for County Highway No. 14, in said Smithfield Township, over Interstate Highway No. 69; and

WHEREAS, it appears that the petitioners are members of the Cedar Lake Church of Christ, located on County Highway #14, in Section 19 of said Smithfield Township with a weekly attendance of 250 and a membership of _____________________; and

WHEREAS, the omission of such over-pass will have the effect of cutting off access to said church for many of the parishioners, and requiring a lengthy detour to attend the several church services; and,

WHEREAS, there are a number of farmers owning real estate on both sides of the new Interstate Highway No. 69, or renting lands on both sides thereof; and

WHEREAS, there will be great inconvenience in going to and from such lands and more or less dangers in transporting heavy farm machinery on the necessary detour by the owners and/or tenants of said real estate without the over-pass on County Road #14; and

WHEREAS, a considerable portion of such detouring will be on U. S. Highway #6, which is a heavily travelled highway and such additional traffic will add to the dangerous conditions prevailing on U. S. Highway #6; and

WHEREAS, the closing of County Road No. 14 will increase the travel expense, travel time required for the transportation of school pupils, and further danger will be incurred by the use of U.S. Highway #6, for the transportation of said pupils,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA that an over-pass for County Highway No. 14, in Smithfield Township, DeKa1b County, Indiana, over Interstate Highway No. 69, be constructed by the Indiana State Highway Department in its project I-69-5 (40) 135, which would promote and protect the welfare of the residents of DeKalb County, Indiana.

BE IT FURTHER RESOLVED, that the County Auditor forward a certified copy of this resolution to the Indians State Highway Department, Indianapolis, Indiana.

(Res. 62-11, passed December 5, 1962)

Weeds and Obnoxious Growth on County Highway Rights of Way.  WHEREAS, Burns Indiana Statute 36-714 provides for the cutting of weeds on County Highways wherein the County Highway Supervisor shall out down or cause to be out down all obnoxious growth within the limits of the County Highway rights of way between the 15th day of June and the 15th day of September in each year, and

WHEREAS, It in the intent of the DeKalb County Commissioners to see that the provisions of this Statute are carried out, and

WHEREAS, There are numerous miles of County Highway throughout the County of DeKalb and the County Highway Department does not have sufficient man power to closely supervise and check all obnoxious growth within the limits of the entire County Highway rights of way.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, That any property owner, in the event obnoxious growth being present on the right of way adjoining their property and the County Highway Supervisor having knowledge thereof, said property owner shall make application to the Highway Supervisor to have relief as made and provided under the Statute hereinabove mentioned. Further, said Supervisor shall out down said obnoxious growth or cause the same to be cut down.

(Res. 68-4, passed July 1, 1968)

State Road 101 (Abandonment of Portions).  Be it resolved that the County of DeKalb, State of Indiana, by and through the DeKalb County Board of Commissioners does hereby release and abandon and disclaim all its rights, title and interest in to the following portion of State Road 101 in Section 13 & 14, Township 33 North, Range 14 East, DeKalb County, Indiana which is described by the Indiana State Highway Commission as follows:

SR 101, Section S (Old Portions) Contract # B-6228, Project # FAS-169 (2)

From: A point 40 feet left of Station 1843+18, Line B, thence Northerly along the old property line of SR 101

To: A point 60 feet left of Station 1848+79, Line B,

From: The West side of the St. Joseph River, left of Station 1853+41, Line B, Northerly along the old road

To: A point 60 feet left of Station 1868+38.65, which was abandoned by the Indiana State Highway Commission on November 14, 1968 in accordance with Section 17 of the Indiana State Highway law approved February 14, 1933 as amended under Chapter 238, approved March 1935, Chapter 214 approved March 1949 and Chapter 44 approved March 1957 for a total distance of 0.41 mile.

(Res. 062369, passed June 16, 1969)

Abandonment of Portions of State Road 101. 

Townships Made Part of County Highway System.  The Board now orders the following highways made a part of the County Highway System:

Load Limit on County Road 68.  A resolution was introduced and passed establishing a 15 ton load limit on County Road #68 between Old 427 and County Road 11A. The Highway Supervisor was ordered to post this stretch of road and after posting, the Sheriff was ordered to enforce this resolution.

(Ord. 74-3, passed August 26, 1974)

Intersection of County Roads 34 and 40 A. 

Maintenance of Oil or Bituminous Surface in Front of Residences.  A motion was made by Robert Wilder and seconded by James Herzer that when oil or bituminous surface in front of homes, farms or businesses placed there by the property owner on gravel roads deteriorates with chuck holes and/or roughness to the condition that it becomes a traffic hazard, the DeKalb County Highway will maintain this oiled or bituminous portion as a gravel road, unless the home owner or business agrees to patch and maintain, in good condition, such portion of road at their own expense.

(Res. 032183, passed March 21, 1983)

County Road 42 Temporary Closing.  WHEREAS, the county commissioners have determined that it is in the best interest of the health, safety and general welfare of the general public traveling in the vicinity of the construction of the new Steel Dynamics, Inc. plant in Wilmington Township, that County Road #42 be closed from the east right-of-way of the N & W Railroad west to County Road #59.

SO BE IT RESOLVED, that County Road #42 be temporarily closed from the east right-of-way line of the N & W Railroad west to County Road #59 during the construction of the Steel Dynamics, Inc. facility, or until final action can be taken to close said portion of County Road 42.

(Res. 95-4, passed April 3, 1995)

Extension of Auburn Drive Project.  WHEREAS, the DeKalb County Commissioners desire to maintain and improve the County road system;

WHEREAS, the City of Auburn and the DeKalb County Commissioners have discussed a joint project for the extension of Auburn Drive from County Road 46A to State Road 8 and the DeKalb County portion of this project is eight tenths (.8) of a mile from County Road 35 to State Road 8;

WHEREAS, the DeKalb County .8 mile portion of the extension of Auburn Drive to State Road 8 is known as Project FAS & Rte. No. J-070 under the governmental matching grant program;

WHEREAS, the DeKalb County Commissioners believe this County road will improve traffic and has been preliminarily approved by the Indiana Department of Transportation after conducting a traffic study;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Auditor of DeKalb County, Indiana, is directed to withdraw the amount of ninety thousand dollars ($90,000.00) from the DeKalb County Industrial Revolving Grant Fund Recovery proceeds and to use these funds for purposes of the DeKalb County matching share of the extension of the Auburn Drive from County Road 35 to State Road 8 in DeKalb County, Indiana, pursuant to an Interlocal Agreement dated August 10, 1995 between the City of Auburn and DeKalb County, Indiana for Federal And State Project Route No. J-070.

This Ordinance shall become effective after passage of the third reading as adopted by the DeKalb County Commissioners and the publication of this Ordinance, if any, thereafter as required by law.

(Res. 96-7, passed July 29, 1996)

Chapter 3
County Bridges

County Bridges. 

Spencerville Bridge Speed, Weight and Height Control.  Be it ordained by the DeKalb County Commissioners of DeKalb County, in the State of Indiana that at the bridge on the South Auburn-Garrett Road, approximately at the township line of Keyser-Jackson townships, traffic entering said bridge from the west shall have right of way over traffic entering said bridge from the East and any vehicle entering said bridge from the east shall yield the right of way to any vehicle approaching said bridge from the west unless said vehicle proceeding west shall be able to complete passage through said bridge before said vehicle from the west shall have approached said bridge so closely as to constitute an immediate hazard and the County Highway Superintendent is hereby authorized and directed to post at the east of said bridge an appropriate road sign and marker warning vehicles proceeding west to yield the right of way as required by this ordinance,

(Ord. o030657a, passed March 6, 1957)

Bridge Across Cedar Creek on County Line Between Allen and DeKalb Counties.  Be it remembered that on the llth day of the regular September 1878 session of the Board of Commissioners of Allen County, State of Indiana, the following resolution was passed in the matter of the erection of a bridge across Cedar Creek on the highway dividing the Counties of Allen and DeKalb, to wit:

It is hereby resolved, the Board of Commissioners of DeKalb County, Indiana concurring herein, that Wm. H. Goshen,, county surveyor, shall proceed in accordance with law and make the proper survey and estimates and submit plans and specifications therewith or cause the same to be done and present the same to the Board.

And it is further resolved, said Board of Commissioners of DeKalb County concurring herein that a joint session of said board and this board be held on the 2nd day of October, 1878, at the court house in the City of Fort Wayne, for purpose of estimating and determining the kind of bridge which shall be erected and time and manner when payments shall be made for the erection of such bridge.

And the auditor is hereby directed to transmit a copy of this resolution to said Board of DeKalb County for this concurrence herein.

(Res. r092678, passed September 26, 1878)

Bridge 13-A Road 10, Williams County, Ohio and DeKalb County, Indiana.  "Whereas, Bridge 13-A on Road 10 which is located on the boundary line between Williams County Ohio and DeKalb County, Indiana, is in a bad state of repair and unsafe for traffic and there is a public necessity existing for the construction of a new concrete bridge on the site now occupied by the old bridge, and

"Whereas, the cost of the erection and construction of such new bridge should be paid one-half by Williams County, Ohio and one-half by DeKalb County;

"Be it therefore resolved that the County Surveyor of DeKalb County Indiana, make a survey and estimate of the construction and erection of said bridge and submit plans and specifications therewith for the construction of said bridge and present the same to the respective Boards Of County Commissioners of said counties on June 2nd, 1924, for their approval.

"And be it further resolved that upon the approval of such plans and specifications by said respective Boards of Commissioners, the Board of Commissioners together with the Auditor and County Surveyor of DeKalb County shall take the necessary steps and proceed with the advertising and letting of the contract for the construction of said work and they shall supervise and have charge of the construction thereof, and upon the final completion thereof said Board of Commissioners of DeKalb, County shall submit a report to the Board of Commissioners of Williams County Ohio, showing the total cost of said work and they shall file there with a claim against Williams County Ohio for one-half of said total cost of said work, and the Board of Commissioners of Williams County shall thereupon reimburse said DeKalb County Indiana for one-half of said total cost of said work".

(Res. 050624, passed May 6, 1924)

Bridge over Cedar Creek in Northeast Corner, Section 26 Fairfield Township.  WHEREAS, the bridge over Cedar Creek on the Sedan Road in the Northeast corner of Section 26 in Fairfield Township, DeKalb County, Indiana was destroyed by reason of having been struck by the vehicle operated by one Otis Burdette Parr, and

WHEREAS, it has been determined that replacement value of said bridge is in the amount of approximately $12,000.00; that said bridge was at least fifty years old and was approximately 2/3 depreciated in value by reason of age and condition, and

WHEREAS, said Otis Burdette Parr has offered to pay the sum of $4000.00 in full payment and satisfaction of said damages accruing to DeKalb County, Indiana by reason of the collapse of said bridge, and

WHEREAS said sum of $4000.00 constitutes the full value of said bridge as so depreciated and constitutes the full damage accruing to the County by reason of the collapse of said bridge,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, that said sum of $4000.00 be and is hereby accepted by the Commissioners in full payment and satisfaction of all damages accruing to said county by reason of the collapse of said bridge.

(Res. 041257a, passed April 12, 1957)

Cumulative Bridge Fund Investment.  WHEREAS, The DeKalb County Auditor has advised the Board of County Commissioners of DeKalb County, State of Indiana, that there is a total sum of $121,485.45, in the cumulative bridge fund in the county treasury of DeKalb County, which has remained uninvested; and

WHEREAS, The DeKalb County Auditor has advised the Board of County Commissioners of DeKalb County, State of Indiana, that there will be approximately $20,000.00 added to the cumulative bridge fund in the county in the month of December from the December 1961 draw; and

WHEREAS, The Board of County Commissioners of DeKalb County, Indiana, further finds that it would be to the best interest of the county if the Cumulative Bridge Fund of DeKalb County, Indiana, were invested in United States Government Treasury Bills not to exceed maturity of one year, under and pursuant to Chapter 9 of the Acts of the General Assembly of the State of Indiana, for the year 1945, and all acts amendatory thereof and supplemental thereto; that said funds shall be kept invested, with a reserve to be maintained uninvested in the Cumulative Bridge Fund for the first year in the sum of $20,000.00 and there after the amount to be maintained in the uninvested reserve of the Cumulative Bridge Fund shall be in such amounts as may be from time to time determined by the Board of County Commissioners.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA:

SECTION 1. That the County Treasurer and Auditor of DeKalb County, Indiana, shall proceed to invest the Cumulative Bridge Fund of DeKalb County, Indiana, in United States Government Treasury Bills, having a maturity date one or less years from the date of purchase, provided however, that an uninvested reserve in the Cumulative Bridge Fund be maintained in the amount of $20,000.00 for the first year and the amount to be maintained in the uninvested reserve in said fund thereafter shall be in such amounts as may from time to time be determined by the Board of County Commissioners.

(Res. 61-16, passed November 7, 1961)

Covered Bridge on County Road 68, Butler Twp.  RESOLVED, that Whereas, there is a need to replace the covered bridge over County Road 68, Butler Township, DeKalb County, Indiana.

WHEREAS, there is available upon request Federal Aid Secondary Construction that shall be made a part of the Appropriated Federal Aid Secondary Program upon approval by the U.S. Bureau of Public Roads.

NOW THEREFORE, Be it resolved that The Board of County Commissioners of DeKalb County, Indiana shall make application for Federal Aid Secondary Construction for covered bridge over County Road 68, Butler Township."

(Res. 63-2, passed March 11, 1963)

Indiana & Michigan Electric Service to be moved during Bridge Construction Across Hursey Drain.  RESOLVED BY THE DEKALB COUNTY BOARD OF COMMISSIONERS, that the electric service of Indiana & Michigan Electric Company must be moved during the construction of the bridge across Hursey Drain across County Road #56 in Concord Township.

BE IT FURTHER RESOLVED, that the Board of Commissioners, being obligated to pay for moving the electric service, do hereby authorize the payment to Indiana & Michigan Electric Company, not to exceed $2000.00 for the moving of the electric services.

(Res. 67-10a, passed November 6, 1967)

19th Street Bridge Over Cedar Creek.  WHEREAS, the County Commissioners of DeKalb County, Indiana, and the Board of Public Works and Safety of Auburn, Indiana, have determined that the present Nineteenth Street Bridge structure over Cedar Creek is in a deteriorating state and needs replacement; and,

WHEREAS, it has been determined that the site of said Nineteenth Street Bridge is within the corporate limits of the City of Auburn:

NOW THEREFORE, BE IT JOINTLY RESOLVED, by the County Commissioners of DeKalb County, Indiana, and the Board of Public Works and Safety of Auburn, Indiana, that the Nineteenth Street Bridge should be and shall be immediately replaced with the City of Auburn providing the approaches to said new bridge structure and acquiring any necessary permanent and temporary right of way as may be determined by engineering and survey; and, DeKalb County providing the engineering and construction of said bridge;

BE IT FURTHER RESOLVED, that prior to construction or obtaining right of way the plans and specifications shall be approved by endorsement thereon by the said County Commissioners and the Board of Public Works and Safety of the City of Auburn.

(Res. 060969, passed June 9, 1969)

Chapter 4
Sewer Construction

Auburn City Across County Highways.  WHEREAS, the City of Auburn, Indiana proposes to construct a system of sewers that will reduce the pollution of Cedar Creek, both by sewers of the City of Auburn and by drains of DeKalb, County, Indiana, and

WHEREAS, it is to the benefit of DeKalb County, Indiana that the sewage carried in said drains of DeKalb County, Indiana be treated in the sewage disposal works of the City of Auburn where possible, and

WHEREAS, the plans of said sewer system of the City of Auburn, Indiana, as so proposed, extend in or across the right of way of certain county highways, all as shown on the plans of said sewer system on file in the office of the City Clerk of the City of Auburn, Indiana, and which plans have been examined by this Board of Commissioners, and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, That the city of Auburn, Indiana is hereby granted the right, power and authority to construct said sewers as designated in said plan in and across the county highways therein designated according to said plans and specifications on file in the office of the Clerk of the City of Auburn, Indiana, on conditions that said highways be restored substantially to their present conditions.

(Res. 011766, passed January 17, 1966)

Chapter 5
Private Drain Repair

Highway Departments No Longer Obligated.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That although the DeKalb County Highway Department has over the past several years engaged in making minor repairs to private drains which discharge water in or along the County Highway right of way and

FURTHER, It in now become apparent to the Commissioners that there are numerous residents through out the County who are causing polluted water to flow into the open drains and ditches along the Highway throughout the County, and

FURTHER, Said work which heretofore been done as a voluntary service, in now creating a burden on the DeKalb County Highway Department.

BE IT FURTHER RESOLVED, That the DeKalb County Highway Department will no longer be obligated or make repairs to private drains, even though they discharge water in or along the County Highway right of way.

BE IT FURTHER RESOLVED, That the Highway Superintendent be and is here by directed to cease and desist in making such repairs to private drains as set forth by this resolution.

FURTHER, all resolutions heretofore passed by the DeKalb County Commissioners which are in conflict with this resolution are hereby repealed.

(Res. 67-5, passed May 15, 1967)

Chapter 6
Driveway Variance

Driveway Variance. 

Driveway Variance on County Road 35 Estates.  This board of commissioners having received a request for a variance of the requirement of the DeKalb County Highway Department requirement that all driveways entering DeKalb County roadways must be no closer to another driveway entrance to the same roadway than 275 feet which request is submitted on behalf of Ron Betz for a four lot subdivision platted and approved in 1979.

Specifically the request seeks to install two (2) driveways entering public highway county road #35 which shall be centered on the lot lines between lots #l and #2 and another drive centered on the lot line between lots #3 and #4 in County Road 35 Estates according to the recorded plat thereof.

This board finds that the paved driveways will be 200 feet apart.

This board finds that a hardship exists since the plat was fully approved in 1979 according to the then existing requirements.

This board finds that a variance of 55 feet is needed to utilize the land as platted.

THEREFORE, be it RESOLVED:

That the DeKalb County Highway Superintendent shall issue two driveway permits for County Road 35 Estates for entrance from said platted subdivision to county road #35, each driveway to be twenty feet wide, with one centered on the lot line between lots #1 and #2 and one centered on the lot line between lots #3 and #4 of said platted subdivision.

(Res. 040990, passed April 9, 1990)

ARTICLE 2
PUBLIC UTILITIES

Chapter 1
Conditions and Terms for Public Utilities

Conditions and Terms for Public Utilities.  An Ordinance fixing the conditions, terms and limitations upon which rights shall be granted for the use of county highways by public utilities.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section l. Whenever the Board of Commissioners of DeKalb County shall hereafter consent to the use of the county highways by any public utility for constructing, maintaining or operation of any pipeline, electric line, communication line or any other facility, such consent shall be conditioned upon the terms, agreements, conditions and limitations contained herein, with which the utility agrees to abide by acceptance of said consent of the Board of Commissioners.

Section 2. Said utility agrees to repair and restore to good condition to the satisfaction of the County Highway Supervisor and this Board of Commissioners, all pavements, surfaces, drains, bridges, structures and improvements within the highway right-of-way which are in any manner disturbed by the construction maintenance, or operation of said pipeline, electric line, communication line, or other facility.

Section 3. Said utility shall at all times during any maintenance or construction operations maintain warning signs and/or lights, as prescribed by the County Highway Supervisor.

Section 4. Said utility shall notify the County Highway Supervisor at least five (5) days before commencing any work on any highway and submit to said supervisor its proposals for protection of traffic for his approval, provided, however, that in the event of an emergency and with the consent of the Highway Supervisor, said five (5) days notice may be waived by said supervisor.

Section 5. The utility agrees that it will not backfill any tile drain or any other buried structure until it shall notify and receive the consent of the County Highway Supervisor.

Section 6. The utility agrees that it will indemnify the county for any liability incurred by the county as a result of the construction, maintenance, or operation of any such pipeline, electric line, communication line, or other facility, including attorney's fees, if any, or cost of litigation incurred by the county, and will pay the cost of any work required to be done by the county as a result of the construction maintenance, or any operation of any such pipeline, electric line, communication line, or other facility.

Section 7. Said easement for any such pipeline, electric line, communication line, or other facility shall at all times be subject to the superior easement for highway purposes, and if it shall be necessary at any time to move, remove, alter or modify said pipeline, electric line, communication line, or other facility, said utility shall either perform said work of moving, removing, altering or modifying at its own expense or shall reimburse the county for the cost of such moving, removing, altering or modifying.

(Ord. 60-6, passed July 18, 1960)

Chapter 2
Tri-State Pipeline, Inc.

Tri-State Pipeline, Inc.  WHEREAS, the Common Council of the City of Fort Wayne, Indiana has heretofore by Ordinance No. S-19-72 adopted on April 11, 1972 and pursuant to the Municipal Economic Development Act of 1964, being Burns Indiana Statutes, Sections 48-8701 et seq., and pursuant to Section 18-6-4.5-1 to 18-6-4.5-28, inclusive, of the Indiana Code of 1971, as supplemented and amended created the Fort Wayne Economic Development Commission (which is now known as the "Fort Wayne Development Commission") and the members of the Commission have been duly appointed and qualified and the Commission has recognized and undertaken the duties imposed upon it; and

WHEREAS, the Fort Wayne Development Commission has entered into a Memorandum of Agreement with Tri-State Pipeline, Inc., reciting that, based upon the facts in its possession, the Commission considers the acquisition of certain industrial facilities for the use of Tri-State Pipeline, Inc. would promote. and further the purposes of the aforesaid Act; and

WHEREAS, it is now proposed by the Commission and Tri-State Pipeline, Inc. that such facilities will be used by Tri-State Pipeline, Inc.

WHEREAS, such facilities will be located in DeKalb County, Indiana outside the corporate boundaries of the City of Fort Wayne, Indiana; and

WHEREAS, IC 1971, 18-6-4.5-15, Burns Indiana Statutes Section 48-8742 provides that when facilities ere located outside the jurisdiction of a City or Town that the consent of the governing body of the municipality wherein such facilities are to be located shall be obtained; and

WHEREAS, such facilities of Tri-State Pipeline, Inc. will benefit the prosperity, economic and general stability and general welfare of DeKalb County, Indiana.

NOW THEREFORE, Be it Resolved that the County Council of the County of DeKalb hereby consent to the economic development facilities being acquired for the use of Tri-State Pipeline, Inc., which facilities are located within the corporate boundaries of the County of DeKalb, Indiana.

(Ord. 74-1, passed November 6, 1974)

Chapter 3
Cable Television

CABLE TELEVISION.  AN ORDINANCE OF THE COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, STATE OF INDIANA GRANTING TO AUBURN CABLE CO., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE A CLOSED-CIRCUIT ELECTRONIC SYSTEM WITHIN THE COUNTY LINES OF DEKALB COUNTY AND TO USE AND OCCUPY THE UTILITY POLES, STREETS, ALLEYS, AND OTHER PUBLIC PLACES OF SAID COUNTY FOR SUCH PURPOSES.

WHEREAS, the County Commissioners of the County of DeKalb have investigated the granting of a cable television franchise including holding a full public proceeding affording due process and has fully informed itself concerning Auburn Cable Co.'s legal, character, financial, technical and other qualifications and the adequacy of its construction arrangements.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, STATE OF INDIANA:

SECTION 1. PERTAINING TO THE ACTUAL PURPOSE OF THE ORDINANCE. That the County of DeKalb, Indiana does hereby grant to Auburn Cable Co. and to its successors, assigns, or designees, hereinafter called the "Company", the right, authority, power and franchise to establish, construct, acquire, maintain, and operate a closed-circuit electronic system within the County of DeKalb, hereinafter called the "County", to furnish and sell electronic service from such system to the inhabitants of the County and its environs, and to use and occupy the utility poles, streets, alleys and other public places within the county line boundary of said County for its closed-circuit electronic system, including the right to enter and construct, erect, locate, relocate, repair and rebuild in, on, under, over, across and use the streets, alleys, bridges, utility poles and other public places of said County, all towers, poles, cables, amplifiers, conduits, and other facilities owned, leased or otherwise used by the Company for the furnishing of closed-circuit electronic service within the County and environs thereof during the continuance of the franchise hereby granted.

SECTION 2. TEARING UP AND RECONSTRUCTION OF STREETS AND SIDEWALKS. Any pavement, sidewalk or curbing taken up or any and all excavations made by the Company shall be done under the supervision and direction of the County Commissioners or its representative, and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the County, and the public inconvenience to the inhabitants of the County, and the public generally, and all such pavements, sidewalks, curbing, and excavations shall be replaced and repaired in as good condition as before, with all convenient speed, by and at the expense of the Company, which shall at all times, make and. keep full and complete maps, plats, and records showing the exact locations of its facilities located with the public utility poles, streets, alleys, and other public places within said County. In the event that at any time during the period of this Agreement, the County shall lawfully elect to alter any street, alley utility poles, or other public way, the Company, upon reasonable notice by the County shall, remove, relay, or relocate its poles, wires, cables, conduits, or other fixtures at its own expense.

SECTION 3. PERTAINING TO OPERATION AND RULES FOR SAME. The Company shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform their services under this Agreement and to assure the best service possible to each and all of its customers, subject to the rules and regulations set forth; in the remainder of the ordinance.

SECTION 4. PERTAINING TO THE POLES TO BE USED FOR DISTRIBUTION. The poles used for the Company's distribution system shall be those erected and maintained by the utility companies or the County of DeKalb when and where practicable, providing mutually satisfactory agreements need to be entered into with said agencies. When the use of such poles is not practicable or the mutually satisfactory agreements cannot be reached, the Company shall have the right to erect and maintain its own poles, as may be necessary for the proper construction, maintenance, and continuity of the distribution system in such situations, subject to the following conditions: Plans for the erection of poles which are not in locations already occupied by other poles, but which are necessary for the operation of the system, or parts of the system, shall be filed in detail with the County Commissioners or its representatives, and they shall approve such erection of poles after consideration of any special factors involved. The Company shall, to the best of its ability, consider the desires of persons residing at the location of any proposed poles and of persons who are to receive electronic services provided by said poles.

SECTION 5. DURATION OR TERM OR FRANCHISE. Duration or term of franchise granted herein shall be for a period of fifteen (15) years. In the event the Company has not begun construction of the electronic system within six (6) months from the date on which a certificate of compliance is received from the Federal Communications Commission and substantially completed same in all areas which contain at least a density or forty (40) homes per mile and which are contiguous to areas presently served by the Company within one (1) year following the start of construction, then County may elect, by written notice to the Company, to terminate this franchise, rescind all rights, powers, privileges, and authority herein granted. The Company shall have the right to extend the term of this franchise for an additional period of fifteen (15) years from the termination of the original term.

SECTION 6. PERTAINING TO PSCI OR FCC CONTROLS OR OTHER REGULATIONS. If at any time during the duration of this Agreement the operation of closed-circuit electronic distribution systems should come under the control or be governed by the regulations of the Federal Communications Commission, the Public Service Commission of Indiana or any other State or Federal Agency with regulatory power over the Company as it is operated, any Sections of this Agreement which conflict with operation under and in compliance with said regulatory bodies shall, if legally necessary, at that time, be altered so as to conform with said regulation. The remainder of the Agreement shall not be changed, except as necessary to comply with the above.

SECTION 7. SERVICES TO BE PROVIDED. The Company shall, at all times, endeavor to provide to the people of DeKalb County a programming of entertainment which coincides with the preferences of the majority of the customers of the system, which can be reasonably and justifiably provided. This includes services provided by the television networks NBC, ABC, and CBS, or their equivalents, due to future change. The Company agrees to maintain and to keep pace, to the best of its ability, with any technological advances which do not now exist but which may be developed during the tern of this Agreement. The Company shall endeavor to poll the opinion of their viewers by its own means to determine stations and services which will have local preference and favor.

SECTION 8. PERTAINING TO INSTALLATION AND MONTHLY FEES. The normal installation fee shall be Ten ($10.00) Dollars. In the cases in which television sets are located in peculiar, remote, or locations quite distant from the building entry, the Company shall not charge a fee greater than actual, or wholesale cost, plus labor.

The maximum monthly rate for the use of the closed-circuit electronic services shall not exceed Six ($6.00) Dollars for each first outlet. The rate shall not exceed One-and One Half ($1.50) Dollars for each successive connection in the same dwelling unit.

Any tax, copyright fees or charges or taxes whatsoever assessed or assessable against the scheduled installations and/or services shall be in addition to installation fees and monthly charges.

Any charges for equipment improvements ordered by the subscriber to deliver other than conventional CATV services shall be in addition to the charges already listed.

The Company agrees that any subscriber may discontinue service at the end of any month without penalty by reason of such discontinuance, and that the Company may discontinue service for nonpayment for such service and remove its property from the premises of said subscriber. However, the Company may charge a Ten ($10.00) Dollar reconnection fee to a subscriber, who has suspended service and subsequently elects to again become a subscriber.

SECTION 9. PROCEDURE FOR CHANGING THE RATES. The aforementioned service rates shall be in effect upon the signing of this Agreement and shall continue thereafter; provided, however, that the Company reserves the right to establish new rates in the following manner and procedure, namely:

SECTION 10. PERTAINING TO FREE USE OF HOOKUPS BY THE COUNTY. In consideration for the rights and privileges granted to the Company by the County by virtue of this Ordinance, the Company will provide free service to the County Court House for use at its offices. In the event that the County Court House expands its facilities and additional sets are required for use by the County Court House at its offices, the Company shall provide for free use of the system for additional sets as may be required.

SECTION 11. PERTAINING TO USE BY NON-PROFIT ORGANIZATIONS. The Company will provide free monthly service to bona fide charitable organizations, churches, and schools in the County of DeKalb so long as the same are situated within areas of the County which contain at least a density of forty (40) homes per mile and which are contiguous to areas presently served by the Company.

SECTION 12. PERTAINING TO INSURANCE AND LIABILITY PROTECTION FOR THE COUNTY.

All insurance required by this Ordinance shall remain in force for the entire term of the franchise and copies shall be on file with the Clerk-Treasurer of the County of DeKalb.

SECTION 13. PERTAINING TO OPERATIONS.

SECTION 14. PERTAINING TO COMPLAINTS. All complaints received by the Company shall be kept at its local office in a file that shall be open to the public. The Company will investigate and resolve all complaints regarding the quality of service, equipment malfunctions, and similar matters. The County reserves the exclusive right to terminate this franchise and rescind all rights, powers, privileges and authority herein granted by written notice to the Company , if after construction is completed, the Company fails to provide alternate service under the terms of the franchise for any period of one (1) year after notice that service is not adequate in a particular respect.

SECTION 15. That all provisions of this Ordinance shall be binding upon the Company and its successors, lessees, and assigns whether expressly stated herein or not, and all the rights, privileges, authorities, powers and grants secured herein shall be held to inure to the benefit of the Company and all its successors, lessees and assigns of the Company shall be bound by the terms of this Ordinance as if they were the Company itself and obligated to the duties, rules and regulations described herein.

SECTION 16. In the event any section, clause, paragraph, or provision of this Ordinance shall be declared invalid by any Court of Record, such invalidity shall not affect the validity of said Ordinance as a whole or any part thereof other than the part declared invalid.

SECTION 17. An emergency is declared to exist and this Ordinance shall be in full force and effect on and after its passage as provided by law.

(Ord. 74-2, passed October 21, 1974)

Cable Television Franchise Ordinance Amended. 

Section 1. That Paragraph two of Section Eight (8) of the County Code of Ordinances is hereby amended to read as follows:

(B) The maximum monthly rate for the use of the closed- circuit electronic services shall not exceed $7.21 for each first outlet. The rate shall not exceed $1.50 for each successive connection in the same dwelling unit.

Section 2. BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from and after its passage and approval by the President and the County Commissioners of the County of DeKalb.

(Ord. 78-2, passed October 2, 1978)

Cable Television Franchise Ordinance Amended.  Section 1. That Paragraph Two of Section Eight (8) of the County Code of Ordinances No. 74-2 is hereby amended to read as follows:

(B) The maximum monthly rate for the use of the closed-circuit electronic services shall not exceed $9.50 for each customer.

Section 2. The word "clerk-treasurer" shall be "Auditor" in Section 12.

Section 3. BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from and after its passage and approval by the President and the County Commissioners of the County of DeKalb.

Cable Television Franchise Ordinance Amended.  Section 1. That Paragraph Two of Section Eight (8) of the County Code of Ordinances No. 74-2 is hereby amended to read as follows:

(B) The maximum monthly rate for the use of the closed circuit electronic services shall not exceed $11 .40 for each customer, effective January 1, 1985.

Section 2. BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from and after its passage and approval by the President and the County Commissioner of the County of DeKalb.

(Ord. 84-4, passed October 29, 1984)

Transfer of Cable Television Franchise.  A resolution , approving the transfer of the Cable Television Franchise held by DeKalb County Cable Company to Jones Spacelink, Ltd., a Colorado Corporation, was signed by the Commissioners.

(Res. 071888, passed July 18, 1988)

Cable Television Franchise.  WHEREAS, the cable television franchise of County of DeKalb (the "Franchise") is currently owned and operated by Triax Associates I, L.P. ("Triax I"); and

WHEREAS, Triax I and Triax Midwest Associates, L.P. ("Triax Midwest") have entered into an Asset Purchase Agreement dated February 25, 1997 (the "Agreement"), and County of DeKalb (the "Authority") has received a valid and complete request from Triax I for consent to the assignment of the Franchise and the transfer of control of and certain ownership interests in Triax I to Triax Midwest (the "Transaction"); and

WHEREAS, the Authority has determined that it is in the best interests of the community and residents thereof to consent to the Transaction, and that Triax Midwest possesses the requisite legal, technical and financial qualifications;

NOW, THEREFORE BE IT RESOLVED, that the Transaction is hereby permitted and approved, and

BE IT RESOLVED FURTHER, that the Franchise is in full force and effect without default thereunder by Triax I to the date hereof in accordance with its terms and conditions as set forth therein and that no breach or default has occurred or is continuing under the Franchise; and

BE IT RESOLVED FURTHER, that Triax Midwest may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to Triax Midwest ("Secured Party"), from time to time, and that the Authority agrees that consent to a transfer is hereby deemed approved if the Collateral is assigned and transferred as a result of a foreclosure.

BE IT RESOLVED FURTHER, that the consent to the Transaction herein provided shall be effective upon and only effective concurrent with the closing of the transactions described in the Agreement.

(Res. 97-6, passed April 28, 1997)

Triax Cable Television. 

Chapter 4
Utility and Telephone Payments

Utility and Telephone Payments.  Be it resolved that the DeKalb County Auditor shall be authorized to pay all utility bills and telephone bills upon receipt prior to approval by the DeKalb County Commissioners and any errors or challenges by the commissioners shall be offset against subsequent bills from the same provider.

(Res. 100190, passed September 24, 1990)

ARTICLE 3
RAILROADS

Chapter 1
Baltimore & Ohio Railroad Grants
DeKalb County the Right to Maintain a
Certain Storm Drain Near Patton (St. Joe)

Baltimore & Ohio Railroad Grants DeKalb County the Right to Maintain a Certain Storm Drain Near Patton (St. Joe).  Be it resolved by the Board of County Commissioners in regular meeting assembled that the Chairman of said Board be, and he hereby is, authorized to enter into an agreement with THE BALTIMORE AND OHIO RAILROAD COMPANY, and to sign same on behalf of said County whereby B & O grants unto DeKalb County Commissioners and DeKalb County Drainage Board the right or license to install and maintain that certain 30 inch storm drain, near Patton (St. Joe), Indiana, as more particularly described in said agreement dated October 31, 1986, a copy of which agreement is filed with DeKalb County Commissioners and DeKalb County Drainage Board.

(Res. 121586, December 15, 1986)

Chapter 2
Railroad Crossing at County Road 3, South of U.S. 6

Railroad Crossing at County Road 3, South of U.S. 6.  WHEREAS, the DeKalb County Commissioners have received information that there is a dangerous railroad crossing at County Road 3 just south of US 6 in DeKalb County, Indiana, and

WHEREAS, the county residences near that crossing one of whom is a Purdue University graduate engineer and another resident injured at that crossing, and

WHEREAS, the DeKalb County Sheriff's Department and the DeKalb County Highway Supervisor have both stated that this is one of the, if not the most dangerous railroad crossing in DeKalb county, and

WHEREAS, the grade on the south side is approximately estimated to be 35% and trucks are engineered for only a 15% grade based upon the Purdue Engineer Graduate, and

WHEREAS, the DeKalb County Commissioners are very concerned about several near accidents at that location that have been reported to them,

NOW THEREFORE, the DeKalb County Commissioners resolve that Conrail Railroad Company should take some action to reduce the grade on the south side and take any other action necessary to increase the safety of that intersection for DeKalb County residents. The Conrail Railroad Company should report what action they plan to take to resolve the problem and report to the DeKalb County Commissioners.

(Res. 042197, passed April 21, 1997)

Chapter 3
Closing of Selected County Railroad Crossings

Closing of Selected County Railroad Crossings.