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Resolution 2008-32 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- STATEMENT OF REGIONAL OPPOSITION TO THE CANADIAN NATIONAL RAILWAY PURCHASE OF THE Ed &E WHEREAS, on October 30, 2007, the Canadian National Railway Corporation, along with its United States subsidiary, Grand Trunk Corporation (collectively, "CN ") filed an application with the federal Surface Transportation Board ( "STB ") seeking approval to acquire the EJ &E West Company, a wholly owned subsidiary of the Elgin, Joliet and Eastern Railway Company (collectively, "EJ &E "); and WHEREAS, regionally thousands upon thousands of people would be negatively impacted by the overwhelming increase of freight traffic CN plans to run on the EJ &E railroad based on its current projections as well as the traffic onslaught that would ensue with planned expansion of the Port of Prince Rupert, Canada; and WHEREAS, area communities are united in a concern that the negative community impacts on safety, traffic gridlock, property values and overall quality of life along the EJ &E created by this acquisition cannot now or ever be adequately resolved to accommodate transforming the EJ &E from the equivalent of a small country road into a rail freight "superhighway"; and WHEREAS, this purchase would further aggravate commuter gridlock into the future by precluding the use of the EJ &E for the planned Metra commuter rail Star Line; and WHEREAS, a business wishing to open or develop in an American community is required to be a good citizen and make infrastructure investment that integrates it into the community in which it is locating; and WHEREAS, the cost of fully mitigating the community problems CN would create through its operations on the EJ &E would run into the billions of dollars and CN has committed to shouldering only $30 to $40 million of these costs; and WHEREAS, it is not in the interest of American taxpayers — nor their obligation — to underwrite mitigation costs for a private business deal that benefits only a foreign corporation; and WHEREAS, we acknowledge that freight congestion in Chicago is a reality and that fixing this problem is a matter of careful planning followed by a commitment of substantial dollars to get the job done, and that this planning has already occurred through a project started a decade ago called CREATE. NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville that: 1. CREATE should be pursued as the regional solution for freight congestion; 2. If it chooses to pursue the acquisition of the EJ &E, then Canadian National Railway should be held to the same corporate community standards as Amercian businesses are held to in 2008; 3. Until the Canadian National Railway is willing to invest the dollars necessary to alleviate the problems it is creating in area communities, area communities will stand united in opposition to this transaction. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this as day of C, U y , A.D. 2008. 'bv-Pu CITY CLERK ROBYN SUTCLIFF V JOSEPH BESCO V GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS y ROSE ANN SPEARS BOB ALLEN 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this as day of (A 1—y , A.D. 2008. MAYOR