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HomeMy WebLinkAbout2019-4112 - Ordinance - 07/25/2019ORDINANCE NO. 2019-4112 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS, ESTABLISHING CONDITIONS AND REQUIREMENTS, AND PROVIDING FOR THE CLOSING OF THE CAIN ROAD UNION PACIFIC RAILROAD CROSSING IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, CONTINGENT UPON UNION PACIFIC RAILROAD ALLOWING, PERMITTING, AND OPENING A NEW RAILROAD CROSSING AT DEACON DRIVE AND FM 2154 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, as part of the project to construct a new Union Pacific Railroad Crossing at Deacon Drive (“Deacon Drive Crossing”) and close the Union Pacific Railroad Crossing at Cain Road (“Cain Road Crossing”), being further described as the Cain Road Crossing, DOT 743220X, as shown in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Cain Road Crossing”); and WHEREAS, in order for the Cain Road Crossing to be closed by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the closure of the Cain Road Crossing, as described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1. Closure of the Cain Road Crossing is contingent upon Union Pacific Railroad allowing, permitting, and opening the new railroad crossing at Deacon Drive and FM 2154 (Deacon Drive Crossing). 2. Closure of the Cain Road Crossing will not result in property that does not have access to public roadways or utilities. 3. Upon completion of the new Deacon Drive Crossing, the closure will result in no public need or use for the Cain Road Crossing. 4. Upon completion of the new Deacon Drive Crossing, there is no anticipated future public need or use for the Cain Road Crossing. 5. Closure of the Cain Road Crossing will not impact access for all public utilities to serve current and future customers. PART 2: That the Cain Road Crossing, as described in Exhibit “A”, be closed pursuant to the findings, conditions, and requirements made by the City Council. ORDINANCE NO. 2019-4112 Page 2 of 3 PASSED, ADOPTED and APPROVED this 25th day of July, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4112 Page 3 of 3 EXHIBIT A Cain Crossing (DOT743220X) to beremoved withinUPRR ROW by CityOrdinance