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Home My Public Portal AboutORD11239 BILL NO. $x-37 SPONSORED BY COUNCILMAN 14ASQN . HAAKE ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR EXTENSION OF RUBBERIZED RAIL CROSSING ON WEST MAIN BETWEEN HARRISON AND MISSOURI BOULEVARD. 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 Railroad Company for extension of a rubberized rail crossing on West Main between Harrison and Missouri Boulevard for a sum not to exceed $15, 180.00. 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 Approved i. officer ATTEST: City Clerk WMAIN3.PX • Ag►ecr��nt 147904•.. Audit Na:...:............�..�.:..�. THIS AGREEMENT, executed in duplicate this of _ 19", by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delawole 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 West Main Street crossing, at grade, along, over and across the Railroad's Track No 49 and right of way DOT No. 442 632D 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 2-11 Ft FDST crossing extensions and (b) install 2-12 £t rubber crossing extensions, (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 49 with West Main Street in Jefferson City, Cole County, Missouri, as shown generally on Railroad's Print dated April 5, 1989, attached hereto and marked Exhibit "A". II. The Political Body agrees to pay the Railroad 100% of the actual costs of the rubber crossing materials supplied by the Railroad pursuant to Section 1 above, which is estimated to be Five Thousand Five Hundred Twenty Dollars ($5520.00). Actual costs to the Railroad Company shall include customary additives to materials, provided by the Railroad. Bills for 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 got C. 6eti-- c or Contracts & Real Estate ATTEST: CITY OF JEFFERSON CITY I/�t B \ Its (Seal) Pursuant to Resolution/Order dated 19 P9, hereto attached. tA 11 Wee 141904 - 2 1 � 1 1 NAQRdgON ST M L ENO 7b • .� is VA 0 y v 3 KEMOVE EX/ST. !1' COST EXfEIVS/OlV3 � h 3 AND ZAISrALL 2-12' ift,68 V PAD ? EXrENSIVA45(7o MATCH EX16 44aZVEAR 54WAACB�, ePEIYBit/ f3ALL45T i ANI Ttds. AdmL �r u w 147904 MISSOURI . PACIEIO RAILROAD. iwni5OIIR/ SER'V/GE UNIT, Na 3 EXrAND /21113/3 -R 3URAACE /WesT MAIN smacT TRl< Ali #9 nor Ns /.Yz a5z D 50,0441A 3U/3D 1V1310N JEFFERSON CITY, MD. Office of Adfs�.r� egos:Em6c St. .Lots, f�io Clots Book WMAIN2.PX j,. U. P. R. R. Co. 147905 Audit No,........._.._...._...._.__., THIS AGREEMENT, executed in duplicate this of 19 T1, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Del are 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 West Main Street crossing, at grade, along, over and across the Railroad's Track No 115 and right of way DOT No. 442 633K 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 2-16 Ft FDST crossing extensions and (b) install 2-21 ft rubber crossing extensions, (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 West Main Street in Jefferson City, Cole County, Missouri, as shown generally on Railroad's Print dated April 5, 1989, attached hereto and marked Exhibit "A". II. The Political Body agrees to pay the Railroad 100% of the actual costs of the rubber crossing materials supplied by the Railroad pursuant to Section 1 above, which is estimated to be Nine Thousand Six Hundred Sixty Dollars ($9,660.00) . Actual costs to the Railroad Company shall include customary additives to materials, provided by the Railroad. Bills for 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 - A 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 B lC.ut � 8eqt-Direct r, Contracts & Real Estate ATTEST: CITY OF JEFFERSON CITY n - 41 It (Seal) Pursuant to Resolution/Order dated j y A e- 6 19 F5, hereto attached. 1 47905 - 2 - Clb 0 4 m 0 a s �.�Qh To Af. -Mm N! //S l yaooYa�a.) m 3 � �?EMdVt EXIST. /G' POST CAi ENS1ONS �°C Avo ZAW ALL 21' RUBBER PAD EX i ENSIGNS (TD MA reM EX 157: 40,0DYWR SOACACE). k'ENEW S'Uf3fSALG4st, 4W4ZA5T ANO GROSS r16.5. IK574L.4 F/G i ER F•46K�G .� �QERF. P//�� r- b ro ti 5��w dYpo�l . 147905 MISSOURI PACIFIC RAILROAD, M/s50U,2/ SERV/CE UNIT Al 3 Z- ENO RUMER 41URFACE wE3 r MAIN im a r ?RK.K_° /!S /SOT N3 �'YZ G33 K 54DA41A 51113'U JEFFERSON C/Tf; Alto 'Office of Waozla owar. cnGe St. Lou s, Mo ('Dote Book Scala e Draftsman/2?N bate IvISI 9 I Fite No. eotx