HomeMy WebLinkAbout026469 ORD - 09/20/2005
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH THE PORT OF
CORPUS CHRISTI (OWNER) FOR THE RIGHT TO CONSTRUCT,
OPERATE, REPAIR, REPLACE, AND MAINTAIN FOUR (4) RAILROAD
TRACKS (EACH TRACK CONSISTING OF TWO RAILS, CROSS TIES,
AND BALLAST) ACROSS THE SAM RANKIN STREET PUBLIC RIGHT-
OF-WAY AND FOUR (4) RAILROAD TRACKS (EACH TRACK
CONSISTING OF TWO RAILS, CROSS TIES, AND BALLAST) ACROSS
THE TANCAHUA STREET PUBLIC RIGHT-OF-WAY, BETWEEN
BREWSTER STREET AND RESACA STREET; ESTABLISHING A FEE
OF $6,543.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with The Port of Corpus Christi (Owner) for the right to
construct, operate, repair, replace and maintain four (4) railroad tracks (each track
consisting of two rails, cross ties, and ballast) across the Sam Rankin Street public
rrght-of-way and four (4) railroad tracks (each track consisting of two rails, cross ties,
and ballast) across the Tancahua Street public right-of-way between Brewster Street
and Resaca Street
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
following conditions as part of the use privilege agreement:
1 That the Port of Corpus Christi ("Owner") pay the recommended $6,543.00 UPA
fee for the four railroad track crossings across each of the Sam Rankin Street and N.
Tancahua Street rights-of-way"
2 Owner is responsible for maintaining all the railroad railing (timber grade and pre-
fabricated concrete grade) at the crossings on both the Sam Rankin S1. and N.
Tancahua Street rights-of-way,
3 Owner is responsible for providing and maintaining all necessary advance
warning railroad crossing signs and equipment within both the Sam Rankin and N"
Tancahua Street rights-of-way, as per approved plans,
4 Owner is required to construct and maintain the transition to the top of pavement
grade on both Sam Rankin and N" Tancahua Street rights-of-way to accommodate the
construction of the new railroad track crossings.
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5 Owner must notify City Water, Wastewater, Gas, and Storm Water Departments
and all private utility companies 48 hours prior to any construction work"
6 That all city utilities be adjusted as per approved plans, per meeting of August 5,
2005, with subsequent revisions" As-built construction plans must be submitted to the
City upon completion of the construction of the railroad railings, showing all eight
railroad crossings within city public rights-of-way"
An Engineering Permit will be required for any future maintenance or removal of
the railroad crossing across both the public rights-of-way"
8 Owner agrees to comply with all the specified conditions and provisions as set
out In the Use Privilege Agreement.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 20th day of September, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
_/~~
Armando Chapa
City Secretary
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Henry arrett
Mayor
Approved
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" 2005
By
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Joseph ~rney \
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
) (;1 i ~ day of ){ /;1- .i "v-t"k /,-_ ,2005
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TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
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Brent Chesney
Bill Kelly
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Melody Cooper
Jerry Garcia
Rex A. Kinnison
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John E. Marez
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Jesse Noyola
Mark Scott
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