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HomeMy WebLinkAboutO-2003-2643 . . 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 . . 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 J11f~?!Jr/~ Mayor ATTEST: tJ~~ d./Ulp/ Ma ha A. Gillett City Secretary APPROVED: d 0:::4:~ . \ , /. . P/~ Knox W. Askins City Attorney . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: ~ 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. '1./~-/D3 Date