HomeMy Public PortalAboutORD11221 BILL NO. 89-11
SPONSORED BY COUNCILMAN MASON
-- ORDINANCE NO. Lf l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNION PACIFIC
RAILROAD FOR RUBBERIZED RAIL CROSSINGS AT BROOKS AND INDUSTRIAL.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Union Pacific Rail for
rubberized rail crossings at Brooks and Industrial for a sum not
to exceed $18,000.00.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed l / /Z R S Approved
resid' Officer yor
ATTEST:
OIL
City Clerk
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THIS AGREEMENT, executed in duplicate this day of
19�, by and between MISSOURI PACIFIC RAILROAD COMPANY, a
Delaware corporation (hereinafter the "Railroad"), and CITY OF JEFFERSON CITY, a
municipal corporation of the State of Missouri (hereinafter the "Political
Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve
the existing Brooks Street crossing, at grade, along, over and
across the Railroad's track No. 115 and right of way at DOT No.
442 647T in Jefferson City, Cole County, Missouri to which the
Railroad is agreeable, but solely upon the terms and conditions
hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises
and conditions hereinafter set forth, the parties hereto agree as follows:
I. The Railroad shall furnish all labor, material, equipment and
supervision for, and shall (a) remove the existing 88 ft FDST crossing
and (b) install 90 ft rubber crossing, (c) install perforated drain
pipe and filter fabric, (d) relay and field weld rail, and (e) renew
crossties and ballast, all at the intersection of the Railroad's
track no 115 with Brooks Street in Jefferson City, Cole County,
Missouri, as shown generally on Railroad's Print dated January 12,
1989, attached hereto and marked Exhibit "A".
II. The Political Body agrees to pay the Railroad the actual costs of the
crossing materials supplied by the Railroad pursuant to Section 1
above, which is estimated to be Eighteen Thousand Dollars
($18,000.00). Actual costs to the Railroad Company shall include
customary additives to materials, services and labor provided by the
Railroad. Bills for work performed and materials supplied by the
Railroad shall be paid by the Political Body promptly upon receipt
thereof.
III. The Railroad, at its cost, shall maintain the crossing(s) between the
track tie ends. If, in the future, the Political Body elects to have
the surfacing material between the track tie ends replaced with paving
or some surfacing material other than timber planking, the Railroad,
at the Political Body's expense, shall install such replacement
surfacing.
IV. The Political Body, for itself and for its successors and assigns,
hereby waives any right of assessment against the Railroad, as an
adjacent property owner, for any and all improvements made under this
agreement.
- 1 -
V. Covenants herein shall inure to or bind each party's successors and
assigns; provided, no right of the Political Body shall be transferred
or assigned, either voluntarily or involuntarily, except by express
written agreement acceptable to the Railroad.
VI. The Political Body shall, when returning this agreement to the
Railroad (signed), cause same to be accompanied by such Order,
Resolution, or Ordinance of the governing body of the Political Body,
passed and approved as by law prescribed, and duly certified,
evidencing the authority of the person executing this agreement on
behalf of the Political Body with the power so to do, and which also
will certify that funds have been appropriated and are available for
the payment of any sums herein agreed to be paid by the Political
Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first hereinabove written.
MISSOURI PACIFIC RAILROAD COMPANY
cl� /
Gem ect , Contracts & Real Estate
ATTEST: CITY OF JEFFERSON CITY
By
Its 01 C.VA r
(Seal)
Orc�o n ar.c C
Pursuant to diet/Order
dated //S 19 ,
hereto attached.
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