DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Razi Hosseini, P.E., R.P.L.S.
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT: Supplemental Agreement with Union Pacific Railroad Company
SUMMARY:
An ordinance authorizing the execution of a Supplemental Agreement with Union Pacific Railroad Company (UPRR), authorizing payment in the amount of $20,740.00 annually to UPRR for railroad crossing equipment maintenance fees at the quiet zone railroad crossing located on East Houston Street extending from Burleson Street to East Commerce Street, funding is included and available in the Advanced Transportation District Fund’s FY 2020 Adopted Budget, located in Council District 2.
BACKGROUND INFORMATION:
A quiet zone is a section of a railroad corridor where train crews do not routinely sound the train horn at railroad crossings. The Federal Railroad Administration (FRA) published the Train Horn Final Rule in 2005 to enable public entities to request a railroad quiet zone if specific safety requirements are met.
In October 2008, the City of San Antonio entered into an Agreement regarding Quiet Zone Warning Devices (Original Agreement) with Union Pacific Railroad Company (UPRR) to install and maintain railroad crossing safety equipment required for a quiet zone in Council District 2 authorized by City Council through Ordinance 2008-10-16-0946. Under the terms of the Original Agreement, the City is obligated to pay any and all expenses associated with the fees incurred by UPRR for the construction, engineering, design, installation, operation, and maintenance of the railroad crossing warning devices.
With the installation and construction of the railroad crossing safety equipment complete and operational, TCI submitted the District 2 Quiet Zone Notice of Establishment to the FRA and UPRR on March 6, 2009. On March 27, 2009, the FRA established the District 2 Quiet Zone extending from Burleson Street to E. Commerce Street and included eight railroad crossings for a total length of 0.77 miles.
ISSUE:
This ordinance authorizes the execution of a Supplemental Agreement with Union Pacific Railroad Company for $20,740.00 annually for railroad crossing equipment maintenance fees at the quiet zone railroad crossing located on E. Houston Street in Council District 2.
In FY 2015, Transportation & Capital Improvements (TCI) began receiving billing statements from UPRR for District 2 Quiet Zone railroad crossing equipment maintenance fees. Subsequent review and reevaluation by UPRR and TCI confirmed annual maintenance fees were only required at the E. Houston Street railroad crossing in the District 2 Quiet Zone.
This Supplemental Agreement to include maintenance fees of $20,740.00 annually was provided by UPRR to TCI. Authorization of this Supplemental Agreement ensures the continued designation of the District 2 Quiet Zone and clarifies annual railroad crossing equipment maintenance fees.
ALTERNATIVES:
City Council could choose not to authorize the of the Supplemental Agreement and annual payments of railroad crossing equipment maintenance fees to UPRR. However, UPRR can move to de-establish the District 2 Quiet Zone and resume sounding train horns at all eight railroad crossings from Burleson Street to E. Commerce Street. In addition, this inaction could prevent future Quiet Zone approvals in San Antonio.
FISCAL IMPACT:
This ordinance requests City Council action to execute a Supplemental Agreement with UPRR and authorizes $20,740.00 to be paid annually beginning in FY 2020 for District 2 Quiet Zone railroad crossing equipment maintenance fees. Funding is included and available in the Advanced Transportation District Fund’s FY 2020 Adopted Budget and is contingent upon Council appropriation in future Annual Budgets.
RECOMMENDATION:
Staff recommends the execution of a Supplemental Agreement with UPRR for $20,740.00 annually for railroad crossing equipment maintenance fees in District 2 Quiet Zone extending from Burleson Street to E. Commerce Street, located in Council District 2.