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