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BILL NO.
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IN'T'RODUCED BY COUNCILMAN �A c.� ' L�V'tk;-tV
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A
WRITTEN AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
SECTION 1 . The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
execute a written agreement with the Missouri Pacific Rail-
road Company relating to the railroad grade crossing at the
intersection of Dix Road and Industrial Drive.
SECTION 2 . Said agreement shall read in words as
follows :
(SEE ATTACHED)
SECTION 3 . This ordinance shall take effect and be in
force from and after its passage and approval.
Passed: ApprovecL:_
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P e ent d1f Council M ur
ATTEST:
City clefk
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Street or Route Dix Bond County Cole
' Jefferson City, Missouri:
DJUGIHAL Project No.
CONTRACT
This contract, made and entered into by and between the City of Jefferson
City, Missouri, hereinafter referred to as "City", and the Missouri Pacific Rail-
road Company, hereinafter referred to as "Railroad".
WITNESSETH:
RECITALS
WHEREAS, additional protection appears to be warranted at an existing grade
essing at Dix Road, Cole County, in Jefferson City, Missouri, and Railroad tracks
at a point where Dix Road intersects the tracks of the Railroad and known as Rail-
road DOT AAR No. 442669T and
WHEREAS, the parties hereto agree that Railroad preemption of City traffic
signala, similar to those shown at Figure 20, Page 32, of Bulletin No. 7, Recommended
Practices, Railroad-Highway Grade Crossing Protection, of the Association of American
Railroads, will provide additional safety and protection to both railroad and highway
traffic at said grade crossing.
AGREh?,ENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
Sin contained and subject to approval of the Public Service Commission, State of
Missouri, be it agreed as follows:
(1) Railroad shall promptly submit to the City five (5) copies of detail
lans and five
p (5) copies of detailed estimate of costs for the installation.
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(2) Hailron-1, upon receipt or notification from the City, shall furnish
all labor and material and complete the installation in accordance with the rules and
regulations contained in Federal Highway Program Manual 1-4-3 dated April 25, 1975,
and any revisions thereto which by reference are made a part of this agreement; and
Railroad further will notify the City of Jefferson City, Missouri five (5) days in
advance of the day it proposes to start work. Railroad will advise the City when the
installation has been placed in operation.
(3) Upon completion, Railroad shall furnish City five (5) copies of a
statement showing actual costs of the installation, such costa to be in accordance
with the provisions of said Policy and Procedure Memorandum 30-3.
(4) The City shall inspect and keep a record of the work performed by Rail-
r3ad.
(5) it is mutually agreed by the parties hereto that this project consists
of adding additional protection to an existing grade crossing. Under the provisions
of FHm 6-6-2-1 dated April 25, 1975, Railroad has no liability in connection with the
cost of construction of the preemption of the traffic signals.
(6) The City shall, upon receipt of Railroad's statement of costs and after
a preliminary check by the Resident Engineer, reimburse Railroad for 90 percent of the
amount of City and Federal obligation subject to final audit by City and/or Federal
Iiighway Administration. Upon completion of final audit, the City will reimburse Rail-
road for the retained percentage of costs less any amount found through audit to be
®eligible for reimbursement. If audit reveals that Railroad has been overpaid, Rail-
road will immediately refund to City such overpayment.
(7) Upon completion, Railroad shall maintain said Railroad preemption iu-
stallation at its cost.
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(8) Railroad shall have title to the preemption and shall operate and main-
ain it as long as it operates trains across said street crossing or until it is
mutually agreed between the parties hereto, subject to the approval of the Public
Service Commission of Missouri, that Railroad preemption is no longer necessary at
the said crossing; or until the said crossing is abandoned, closed, or for any reason
the operation and maintenance of the Railroad preemption thereat become unnecessary.
IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be
executed by their duly appointed officials.
Executed by Railroad this day of 197?-
Executed by City this day of 1977-
MISSOURI PACIFIC RAILROAD COMPANY CITY J C
B
Vice President-Operation
APPROVED: ATTEST:
By
Secretary
APP OVED AS TO LEGAL FORM:' APPROVED AS TO FORM:
By
Attorney Legal Counsel
ATTEST: EXAMINED AND APPROVED
Date
istant Secretary District Engineer
Federal'Highway Administration
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