Office of the City Clerk - Record #: O2021-1648

• Record #: O2021-1648
• Type: Ordinance
• Status: Passed
• Intro date: 4/21/2021
• Current Controlling Legislative Body: Committee on Transportation and Public Way
• Final action: 5/26/2021
• Title: Construction and associated agreements with CSX Intermodal, Inc. for grade separation on 71st St, viaduct repairs on 69th St and grant of easement for property on 79th St
• Sponsors: Lightfoot, Lori E.
• Topic: AGREEMENTS - Miscellaneous

Date	Journal Page Number	Action By	Action	Result
6/2/2021		Office of the Mayor	Signed by Mayor
5/26/2021	30810	City Council	Passed	Pass
5/17/2021		Committee on Transportation and Public Way
4/21/2021	29436	City Council	Referred

ORDINANCE

WHEREAS, the City of Chicago (the "City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, pursuant to an ordinance (the "1912 Ordinance") passed by the City Council of the City (the "City Council") on April 22, 1912, and published in the Journal of the Proceedings of the City Council (the "Journal"") for such date at pages 3510 through 3543 (attached hereto as Exhibit A) and an ordinance (the "1928 Ordinance") passed by the City on July 11, 1928, and published in the Journal for such date at pages 3310 through 3324 (attached hereto as Exhibit B), the City authorized and required the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company ("PCC&SLRR") and the Baltimore & Ohio Chicago Terminal Railroad Company ("B&OCTRR") to elevate the plane of certain of their respective roadbeds and railway and railroad tracks within the City of Chicago and to construct, where appropriate, subways and bridges; and

WHEREAS, CSX Intermodal, Inc., a Delaware corporation ("CSX"), is the successor to PCC&SLRR's and some of B&OCTRR's ownership of and interests in their lines, as described in Section 1, Paragraphs 1 and 3 of the 1912 Ordinance and in Section 1, Paragraph 4 and 5 of the 1928 Ordinance (the "main line"), and therefore CSX has succeeded to PCC&SLRR's and B&OCTRR's rights and obligations under the 1928 Ordinance and the 1912 Ordinance; and

WHEREAS, beginning with a Joint Statement of Understandings ("JSOU") in 2003, the Chicago Regional Environmental and Transportation Efficiency ("CREATE") Program has resulted in joint and coordinated projects by and among the Class 1 freight railroads (including CSX), Amtrak, Metra, the Illinois Department of Transportation, Cook County and the Chicago Department of Transportation ("CDOT") to restructure, modernize and expand the freight an...