HomeMy WebLinkAboutO-2003-2643
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ORDINANCE NO. 2003- ~ "cJ.~
AN ORDINANCE CLOSING THE FAIRMONT PARKWAY AT-GRADE
CROSSING OF THE UNION PACIFIC RAILROAD COMPANY'S TRACK
NEAR 16TH STREET WHEN THE PROPOSED FAIRMONT PARKWAY GRADE
SEP ARA TION (OVERPASS) IS PLACED IN SERVICE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, Fairmont Parkway crosses the Union Pacific Railroad tracks at-
grade at one location near 16th street in the City of La Porte on both the eastbound and
westbound lanes of the divided four-lane roadway; and
WHEREAS, the City and the Texas Department of Transportation seek to
implement a Fairmont Parkway Railroad Overpass Project to provide a grade separation
(overpass) for Fairmont Parkway over the Union Pacific Railroad tracks in order to
improve mobility on Fairmont Parkway; and
WHEREAS, pursuant to 23 U.S.C.A. ~ 130(b), and 23 C.F.R. ~ 646.21O(b) (3),
the railroad shall fund five percent (5%) of the project costs for the elimination of
existing at-grade crossing(s); and
WHEREAS, the Texas Department of Transportation, in order to obtain such
funding from the railroads, has requested that the City pass an Ordinance permanently
closing the Fairmont Parkway at-grade crossings of the Union Pacific Railroad tracks
near 16th Street when the proposed Fairmont Parkway grade separation (overpass) is
placed in service.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council hereby ratifies, confirms, and adopts the findings
and recitals contained in the preamble to this Ordinance and further finds that said
findings and recitals are true and correct. The City agrees to permanently close the
Fairmont Parkway at-grade crossin&s of the Union Pacific Railroad's tracks (DOT NO.
758 826K milepost 24.60) near 16 Street when the proposed Fairmont Parkway grade
separation (overpass) is placed in service.
Section 2. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
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thereof has been discussed, considered and formally acted upon. The City Council
fUlther ratifies, approves and confirms such written notice and the contents and postings
thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 28th day July, 2003.
By:
CITY OF LA PORTE
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Mayor
ATTEST:
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Ma ha A. Gillett
City Secretary
APPROVED: d
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Knox W. Askins
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
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Appropriation
Requested By: S. Gillett
Source of Funds: N/A
Department: Public Works
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
TexDOT is managing the design of the proposed overpass over the railroad on Fairmont
Parkway. An element of the design is the permanent closure of the at-grade crossing when the
Project is complete. The same closure was done on the Spencer Highway railroad overpass
many years ago. The Union Pacific Railroad will fund 5% of the project costs to eliminate the
at-grade crossing.
Action Required bv Council: Approve an Ordinance closing the Fairmont Parkway at-grade crossing of
the Union Pacific Railroad when the proposed Fairmont Parkway Overpass is placed in service.
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