Subject: 9711/CSX Transport./Central Avenue Date: Thu, 4 Jan 1990 13:14:00 -0500 ORDINANCE NO. 9711 AN ORDINANCE TO REQUIRE CSX TRANSPORTATION COMPANY AND NORFOLK SOUTHERN CORPORATION TO CONSTRUCT AND MAINTAIN AT THEIR OWN EXPENSE, A VIADUCT OR BRIDGE OVER THE TRACKS OF SAID RAILROAD AT THE POINT WHERE THE SAME CROSS CENTRAL AVENUE IN THE CITY OF CHATTANOOGA. _________________________ WHEREAS, the tracks of the two railroads known as CSX Transportation Company and Norfolk Southern Corporation cross Central Avenue in the City of Chattanooga, and the respective rights of way of said railroads are at said crossing, contiguous to each other; and WHEREAS, in order to avoid a grade crossing, a viaduct or bridge was some years ago constructed over the tracks and rights of way of said railroads; and WHEREAS, reports by the Tennessee Department of Transportation dated April 18, 1989 and April 15, 1991, assessed the condition of the bridge superstructure as critical; and WHEREAS, the superstructure on the Central Avenue Viaduct is in a serious state of disrepair as evidenced by spalled and deteriorated concrete members and loose or missing reinforcing steel; and WHEREAS, the superstructure is not considered salvable and must be replaced in its entirety; and 0C WHEREAS, on account of the importance of said avenue and the heavy traffic thereon, the public safety and convenience require that said viaduct shall be the full width of the street and of such design and construction as that the street thereon may be paved with permanent paving materials; NOW, THEREFORE: SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that CSX Transportation Company and Norfolk Southern Corporation be and they are hereby required, at their own expense, to take down said viaduct over their tracks on Central Avenue and replace the same with a viaduct and approaches thereon which shall be the full width of said street, including the sidewalks, and of such design and construction as will permit, with safety the paving of the street thereon and with suitable and permanent paving material. Said railroad companies further shall, at their own expense, complete the construction of said viaduct and approaches so that the same shall be in proper condition to receive such paving, with its foundation, as the proper authorities may decide to use thereon, but said railroad companies shall not be required to furnish said paving or the foundation therefor. SECTION 2. BE IT FURTHER ORDAINED that said viaduct shall be of such design and material and construction as shall be approved by the Mayor, as complying with the requirements of this ordinance. The Mayor shall cause proper plans and specifications to be prepared by the Traffic Engineer and it shall be the duty of said railroad companies to construct said viaduct and approaches thereto in accordance with such plans and specifications. SECTION 3. BE IT FURTHER ORDAINED, that said railroad companies shall not begin to take down the present viaduct until they shall have procured the materials for the new one and are prepared to proceed with and push to completion the work of constructing the same. But immediately upon the approval or adoption of the plans and specifications by the City Traffic Engineer, they shall proceed to procure the necessary materials and, within a reasonable time thereafter shall begin the work of the taking down the present viaduct and building the new one and shall push said work with all practicable dispatch so that said street over said viaduct shall be open to travel in the shortest practicable time. SECTION 4. BE IT FURTHER ORDAINED, that after the conclusion of said viaduct and approaches, as herein provided, it shall be the duty of said railroad companies to maintain them, except as to the paving thereon, and to keep them in such condition of repair as shall be reasonably necessary to the safety and convenience of the public. SECTION 5. BE IT FURTHER ORDAINED that immediately upon this ordinance becoming effective, the City Attorney shall deliver to the attorney for CSX Transportation Company, and of Norfolk Southern Corporation, William Foster, Esq., Hall, Haynes, Lusk & Foster, 515 Pioneer Bank Bldg., Chattanooga, Tennessee, certified copies of this Ordinance, and shall also mail, by certified mail return receipt requested, certified copies of this Ordinance, thereof addressed respectively to John W. Snow, President, CSX Transportation Company, 500 Water Street, Jacksonville, Florida 32202, and A. B. McKinnon, President, Norfolk Southern Corporation, 8 North Jefferson Street, Roanoke, Virginia 24042. The City Attorney shall immediately furnish to the Mayor and also to the Clerk for the City Council a certificate showing that he has complied with this section. SECTION 6. BE IT FURTHER ORDAINED that the Mayor is authorized by virtue of this ordinance, to institute and prosecute such legal proceedings as may be necessary to compel said railroad companies to comply fully with this ordinance and to incur all necessary and reasonable expenses including the employment of expert witnesses and/or special counsel. SECTION 7. BE IT FURTHER ORDAINED, that this ordinance shall take effect from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading May 5, 1992 _/s/______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1992. __________________________________ MAYOR PAN:jrm