Railroad crossing fixes part of new agreement

Repairs to the controversial railroad crossing at New Salem are included in plans to install warning devices at the same location. Crossing signals, flashing lights and gates are included in improvements planned for the 141st Street crossing.

“It might take some time,” Martin Miller, spokesman for the Kansas Department of Transportation, said.

An agreement between the Southern Kansas and Oklahoma Railroad Company, the KDOT, and the Cowley County commission was reached last month.

“I keep getting telephone calls from people out in the area. People stop me in the grocery store. I’m afraid somebody is going to be killed,” said Commissioner Carmelita Clarkson.

The crossing is in Clarkson’s commission district and has been a source of contention since last summer.

“They put new railroad ties in the area there between that road at New Salem and Cowley 18…. but they never touched the crossing,” she said.

County Engineer Dale Steward inspected the crossings in late summer and found the vertical alignments out of? compliance. Deep pot holes developed adjacent to and in between the steel rails. County Attorney Chris Smith wrote the railroad in August, after the commission agreed to begin legal proceedings against the company.

Smith received an answer in September that?two crossings could be repaired within the month. However, no work has begun said Steward, who checked the crossing earlier this week.

“It’s pretty rough, that’s for sure,” Steward said.

Commissioners discussed their safety concerns again during a meeting last Tuesday night. Smith was contacted Wednesday by County Administrator Leroy Alsup and told to initiate proceedings against the railroad, they both said.

“I’m not really sure what our legal position is. It’s my understanding that the county signed some sort of agreement,” Smith said. “The county really didn’t contact me when they (signed the agreement). I’m not sure what they agreed to.”

Smith said he isn’t sure his office can do anything to speed the process along. “I drive those roads. I want the thing to be fixed and will do whatever I can,” he said.

“I guess it would have been kind of nice had the commission brought me in and said ‘what do you think about this’ ” before signing the agreement, Smith said. “Again, I’m not sure who is responsible for what.”

Steward said he wasn’t sure at first that?the new agreement included smoothing the surface at the crossing, so he called KDOT and learned the work is included.

“The railroad doesn’t have to pay. The county doesn’t have to pay anything,” Steward said. “The only thing I’m concerned about is the timing.”

The agreement states that the total cost of the project will be funded with federal highway administration funds, including engineering, construction, sales tax, users tax and “such other items as are properly chargeable to the project…”

The county will install and maintain the advance warning signs and pavement markers. The railroad will purchase concrete crossing panels, crossties and rail for the crossing.

In addition, the railroad – at its own expanse -? will remove the existing crossing surface, provide and place ballast, install crossties, rail and the new concrete crossing surface. The company will also place temporary traffic control, the agreement states.

The three parties involved in the agreement have up to a year to complete the project, Miller said. It is one project but will likely be?completed by two separate crews at separate times, he said.

The signals sometimes have to be custom made to a specific location. They don’t just?come off shelves, Miller said.

The railroad will hold title to the signals, gates and crossing surface and, at its own cost and expense, will maintain the signals, gates and crossing surface, the agreement said.

“It’s going to be better eventually,” Steward said. “It will have to be better. It can’t be much worse.”