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HomeMy Public PortalAboutORD10711 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY FOR THE INSTALLATION OF A RUBBERIZED CROSSING ON WEST MCCARTY STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1: The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Missouri Pacific Railroad Company, a Delaware corporation, for the installation of a rubberized crossing on West McCarty Street . The contract shall not call for the payment (-)f money to the railroad but shall provide for joint funding and installation of the crossing. Section 2 : The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A, provided that nothing in the agreement shall be construed to make the City liable for any act or omission of the railroad. Section 3 : This ordinance shall be in full force and effect from and after its passage and approval. Passed Approved /9 PRE ID NG OFFI A----T MAYOR ATTEST: CITY CLERK 1 10 McCARTY.PX THI AGREEMENT, executed in duplicate, this day of , 198,6 , by and between MISSOURI PACIFIC RAILROA COMPANY—, ! Delaware corporation, hereinafter called "Railroad" , and the CITY OF JEFFERSON CITY, a Municipal corpo- ration of the State of Missouri, hereinafter called "City" , WITNESSETH: RECITALS: As part of its program to improve West McCarty Street, City desires that Railroad improve the existing West McCarty Street crossing, at grade, along, over and across Railroad' s Track No. 115 in the City of Jefferson City, Cole County, Missouri. City shall furnish rubber pad crossing material at the location and perform and bear the expense of grading, paving and surfacing at the location. Railroad shall bear the cost of installing said crossing as it is more fully set forth herein. Railroad is agreeable to all of the foregoing but solely upon the terms and conditions here- inafter set forth. NOW, THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1 . (a) City, at its sole cost and expense, shall . furnish the rubber pad crossing material, described in Subsection (b) of this Section 1 , at the location, and shall provide or cause to be provided all the labor, material, equip- ment and other instrumentalities needed for, and shall perform or cause to be performed the work of, grading, paving and surfacing at the crossing location. (b) Railroad, at its sole cost and expense, shall furnish all labor, material, equipment and supervision for, and shall remove the existing crossing, install rubber pad crossing furnished by City, furnish and install sub-ballast, subgrade filter fabric, 6-inch perforated subdrains and heavy-duty timber crossing, relay and field weld rail, and renew cross ties and ballast at the intersection of Railroad's Track No. 115 with West McCarty Street in the City of Jefferson City, Cole County, Missouri, as shown generally on Print File No. 5-1-15, dated April 3 , 1986 , attached hereto and marked Exhibit "A" . 2. City, its successors and assigns, except as pro- vided in Section 1 (b) hereof, shall perform or cause to be performed, all of the work incident to improving and maintaining LU11.1WE ORIGMAL the roadway over Railroad' s track, including grading, drainage, drainage structures and paving, at City's sole cost and expense. 3. Railroad assumes no liability for injury to or death of persons or for loss of or damage to property arising or growing out of, or which may be due, in any manner, to or in connection with, the performance of the aforesaid work by or for the account of City on or about Railroad' s track. 4. City hereby agrees to see that the work conducted by it or on its behalf hereunder on or about the affected premises is performed in a manner satisfactory to Railroad' s Chief Engineer or his authorized representative and in such manner and at such times as not to delay, interfere with, or obstruct the safe passage of Railroad' s trains or the functioning of its signal and communication systems, and as well not to damage any property of Railroad, its tenants or licensees. 5. City hereby agrees to reimburse Railroad for the cost of repairing any property of Railroad, or others, damaged, lost or destroyed in connection with the performance of the aforesaid work by or for the account of City on or about Rail- road' s track. 6. City, for itself and for its successors and assigns, hereby waives any right of assessment again3t Railroad, as an adjacent property owner, for any and all improvements made under this agreement to the existing West McCarty Street crossing, including, but not limited to, paving, curbing, guttering, and sidewalks on or adjacent to the right of way to the existing West McCarty Street crossing. 7. Covenants herein shall inure to or bind each party's successors and assigns; provided: no right of City shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Railroad. Railroad or City may waive any default at any time of the other without affecting or impairing any right arising from any subsequent default. 8 . City shall, when returning this agreement to Railroad signed, cause same to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of City with the power so to do, and which shall also certify that funds have been appropriated and are available for the payment of any sums agreed to be paid by City hereunder. RUPUCATE ORIGINAL IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. W TNESSES: MIS URIAC FIC RAILROAD COMPANY By Title: General Manager � U ATTEST: CITY OF JEFFERSON CITY, MISSOURI ' i 88488 -- 3 OUPLIGATI ORIGINAL r V New construction owed and ; capitalised by Railroad Co. ......................... Yellow 6, Portion paid far by Industry v owned but not capitalised. by Railroad Co. ......................................... Green Portion paid for and oanQd byIndustry ........................................... Pink Track relald ........................... Dashed Red 3 Yellow Facilities retired. shifted \ ar relocated .......................... Dashed Slue or Black � � � \• \__ � Relaeated, shifted or rearranged facilities ............................... Orange Track relocated/shifted and rslaid ............................. Dashed Red i Orange Railroad right-of-way outlined ............................................... Dad EXHIBIT A i 6 1V1SS011R1 P14C/F/G' RA11-ROA0 ,-cN T,4.4L RE 10 N 11V,. TAGG ,PU��Fk CRO. S/NG v M c CAR T Y S7Re4.-e7- c%-�'r�'�'�',S GN CITY, ��ssO�rR�' 2A ne. BILL NO. SPONSORED BY COUNCILMAN T ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY FOR THE INSTALLATION OF A RUBBERIZED CROSSING ON WEST MCCARTY STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1: The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Missouri Pacific Railroad Company, a Delaware corporation, for the installation of a rubberized crossing on West McCarty Street. The contract shall not call for the payment of money to the railroad but shall provide for joint funding and installation of the crossing. Section 2 : The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A, provided that nothing in the agreement shall be construed to make the City liable for any act or omission of the railroad. Section 3: This ordinance shall be in full force and effect from and after its passage and approval. Passed �LGC Gu.a. /�1 / 5SG Approved_���� lz..� FR• ID NG OFFI R MAYOR ATTEST: ' •CITY CLERK I hereby certify that this is a true and correct photocopy of Ordinance No. 10711 of the City of Jefferson, Missouri, which is in effect at the date of this certification. Brenda M. Czrtin City Clerk Dat of Certification DUPLICATE ORIGINAL STRUCTURAL RUBBER PRODUCTS COMPANY SPRINGFIELD,ILLINOIS 82705 P.O. SOX 2639 PHONE: 217 / 783.2960 October 3, 1986 Mr. R. M. Bates Director of Public Works 320 E. McCarty Street Jefferson City, MO 65101 Re: Grade Crossing in McCarty Street Dear Mr. Bates, Enclosed herewith please find Fidelity and Deposit Company, CONTRACT BOND, NO 30006773. The work at Structural Rubber is on schedule and deliveries will be made before the due date. s very truly, 4 � �Tacoob O.Whitlock RFCE IVE ® OCT 061986 PUBLIC WORKS DEPT. �. Srers or»—ILLINOIS.... ..__. 'p COUNTY OF.__GffRj_S-�. ---.. (+ An this—_ 8th »._.day of«.»..»September_ 86 PPa� «»_.__._«_..»_.».«. ....._«.__ »»« .19_.._« before me a to me personally known,who being by me duly sworn,did say that he is Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,a corporation organized under the laws of the State of Maryland,and that the seal affixed to the foregoing instru. ment is the corporate seal of said corporation;and that said instrument was signed and sealed on behalf of said corporation by a.. Reilly authority of its Board of Directors and the said........Jahn L.».»_...._»:_«»......_.».«»»»».._..__.._._._.._.........»._«»»«..__.�...._.»........ :< acknowledged said instrument to be the free act and deed of said corporation. Ix TasrimoNY WnEssor, I have hereunto set my hand and no n seal,the day and year first above written. I *. OFFICIAL SEAL //'/ ANGELA KAY FASSERO My_germ�gi yrp ubt�3ta r•orttrinots--».._._»_X.-_--_............... . :< `� Notary Public !. My commission expires 6.26.90 T BR t Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOM!OFFICE,&AtTIMOat,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C. M. PECOT, JR. , Vice-President. and C. W. ROBBINS Assistant Sxcratary,in pursuance of authority granted by Article VI,Section 2,of the By•t.&ws of said Company,which read&as follows: "Me Chairman of the Beard,or the PrrwL,mq,or any Eatcutzve Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents spatially auilioriaed so to do by the Board of Dti octors or by the Executive Commit lee,shall have power,by and with the concurrence of the Secrets►y or any one of the Assistant Secretaries,to appoint Resident Vice.President s,Assistant Vice•Presidents and Attorneys-In-Fact as the business of the Company may require,or to authorise any person or persons to execute on behalf of the Company any bonds,undertakings,recognisance,, stipulations.polities.contract@,agreements,deeds,and re:oases and assignments of judgements,decrees,mortgages and Instruments in the nstureof &sere•...and to affix the seal of the Company thereto." does hereby nominate constitute and appoint John L. Reilly, G. Joseph Nicoud, Jr. , William H. Sowle, Philip L. Robinson, Henson C. Robinson and John S. Hester, all of Springfield, Illinois, EACH. . • •rue an a�+F u agent an Attorney-in ,act,to ma• I s e.execute,sea and deliver,for,and on ita behalf as surety,and as itsact and deed: any and all bonds and undertakings. . . . . . . . . .. . . . . . . . . . . . An he execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their own proper persons. This power of attorney revokes that issued on behalf of John L. Reilly, etal, dated, March 1, 1985. The said AoWatem Secretary doer hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the Bylaws of said Company,and is now in force. IN WITNESS WHEREor,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLkND, this ..........3rd................day of............ft fiat?g.£........................... A.D. 19....85.. (FIDELITY AND DEPOSIT COMPANY OF HARYLA amr " ATTEST: n=SEAL 0 � (2 .............................................................. By ................................................................ .tfidiftsl S�e=7 4ice•Fresidarw STAR OF MARYLAND SS: CITY OF BALTIMORE on this 3rd day of October A.D.14 85 ,before the subscriber,a Notary Public of the State of Maryland.in and for the City of(Baltimore,duly commissioned and qualified,came the above-named Vice-president and Assistant Secretary of the FIDELITY AND DEmrrComrANY OF MARYLAND,to me personally known to be the individuals and officers described in ani who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and asith,that they art the said officers of the Company aforesaid,and that the teal affixed to the preceding instrument is the Corporate Seal of said Company,and that the eoidCorporste Seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto rat my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above writ n. :[fji0i4Rr1e� Notary Public �Ommissio11 a 8...July....I......1.90.6 \°•�•-' CERTIFICATIi 1,the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPA\Y nF MARYLt9D,do herchv certify that the original Power of Attorney of which the foregoing is*full,true and curreet copy,is in full force and effect on the date of this ceridicale:and I do further certify that the Vice-President who executed the amid Power of Attorney was one of the additional Vice-president*specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the Byl&ws of the FIDFLTY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DtrOStr COMPANY Of MARYLAND u a raaesing duly called and held on the 164h day of July,1969. Rtnctt.vzD:'That the facsimile or mechanically reproduced signature of any Asnslant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any dower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHrAtor.I have hereunto subscribed my name and affixed the corporate seal of the said Company,this...........th..... day ci......September...................... .19.....86 wa�sr.-riF. 079-3326 ....Aeg..............1" FOR )'(WR PROTHCHON LOOK FOR '1'I II; F&1) W:\'1 F,101ARK Fidelity an d Deposit Company ROME OFFICE OF MARYLAND BALTIMORE,MD,2i2o3 CON TRACT BONB BOIJD NO. 30006773 KNOW ALL MEN BY THESE. PRESENTS: That_.,••--_...-.STRUCTURAL RUBBER PRODUCTS COMPANX .............................................................................. ................. 2245 South 9th St. , Springfield, Illinois .............................................._..-•-•-----..._......._..........................._.................................---•---•-•-•---........._......._............_........_....�. (hereinafter called Principal), as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation Of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and licensed to do business in the State of......_I. inoi.........................................(hereinafter called Surety),as Surety, are held and firmly bound unto...--...CI,:ty-...a-f..Jefferson,__Mismur_i......................_.......................................... Jefferson, Miss.ouri. .....................................(hereinafter called Owner), in the full and just sum of ................. ..Qna-lia ins :ed...2`Jaenty... _exexl..�hs�us ,nsl..eighty.__FivQ__-and..0Q/1QQ........Dollars ($12.7_.Q6-5..QQ....... ). to the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their and each of their heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this................Zighth.............................day of.........Q .Rtzmbe.x:....................19_...$6. WHEREAS, the Principal has entered into a certain written agreement, dated the__--JUgbth................... day of..........September __19___-_..___, with the Owner for---_furni.slti.rig._�OQ..i in�lx...fet._.... of structural rail crossong material including necessary accessories and rubber feYc7-siimsw.............. _ ..._.._...........................•-----.._.._...._._......----.._..._.....-------•-------•--.._.................................... ..........................---..-_-----...._____-______._________-_-_-__--_____--____---.-•---_.._.... - wl2ich agreement is or may be attached hereto for reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall well and truly perform and carry out the covenants, terms and conditions of said agreement, then this obligation to be void;otherwise to remain in full force and effect. WITNESS: - STRUCTURAL.. .. BER PRODUCTS COMPA ) ......................... . AL ...._....._.__...---............ �j � k. I�. Whitlock, res. C -�" - - _ �.1� .dyte... ............. .............................. ,�-....... .......(SEAL ....... ) (IF IIdD1VIDiIAtIRM� Jacobb O. oc,t, Secy /ATTEST: ................................................................................(ScAL) ............................................_................................_...._......-.... (IF CORPORATION) ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ....... ..: � G { .. I3y._.. .. . ....... .... ............ 0319--7hl,ls-r3 1941% ohn L. Reilly Attor ey—in—Fact- R. W. TROXELL & COMPANY .214 South Grand Avenue, West Springfield, Illinois 62704