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Home My Public Portal AboutORD09358 . 1 • . , BILL NO. >Lj, INTRODUCED BY COUNCILMAN woo ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK, ON BEHALF 0P SAID, CITY, •TO EXECUTE AN INDUSTRIAL TRACK AGREEMENT FOR AN INDUSTRIAL RAIL CROSSING UPON AND ACROSS INDUSTRIAL DRIVE BETWEEN THE CITY AND . THE MISSOURI PACIFIC RAILR0�1D. BE IT ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1, The Mayor and Clerk of the City of Jefferson are hereby authorized and directed, for and in the name of the City, to execute an Agreement for the construction of an industrial rail crossing upon and across Industrial Drive, between the City and the Missouri Pacific Railroad, a copy of said Agreement, dated October 1, 1979, being attached hereto and by reference made a part hereof, Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. Passed Approved Z:VZ P L 9 ew P esi nt of the uncil Mayor i Attest '-Z16, C j, • FORM 13002 2/69 INDUSTRIAL TRACK AGREEMENT U THIS AGREEMENT, executed in duplicate October 1 , 19 79 , WITNESSETH: The undersigned Shipper ( a municipal corporation ) to be addressed at Jefferson City, (individual, copartncre or core. 6 state where incorporated) Missouri 65101 , shall be served by the easterly 288.3-foot section of that certain proposed track, 1,098 feet long, more or less, , and appurtenances, herein called Switch. Switch is located at or near Jefferson City Cole , heavy solid and cross�Qe) (oounerxdt)(auBes�U ur(i , approximately where shown by -hatched solid blue, line, on the undersigned Carrier's state) attached print, map number Q5-2 , dated at St. Louis , Missouri- July 20 , revised September 12, 1979 (Place) (state) (month) (day) 1979, /. "Switch" also-means, except as respects cost, ownership and maintenance,any addition to or extension of Switch. "Connection" means the easterly 130-foot section of Switch. 1. Shipper shall, at Shipper's cost, furnish the material for and construct Switch, complete in place; install a rubber pad crossing in Industrial Avenue; adjust the roadway approaches; and adjust any underground utilities to provide required clearances and protection. Shipper's material and work shall conform to Carrier's current requirements, standards and practices for industrial spur tracks. Carrier shall, at Carrier's cost, furnish the materials for and construct Connection. 2. Carrier may use Switch when not unnecessarily detrimental to Shipper. Carrier shall maintain Connection at C ' % cost. Remainder of Switch _ shall be maintained by Shipper, at S 's cost. Shipper,at Shipper's cost, shall provide anything required by law for protection or benefit of owners of lane( adjacent to Switch. Shipper, at Shipper's cost, shall adjust Switch to any additional tracks installed by or for Shipper or by reason of changes desired by Shipper for the benefit or convenience of Shipper. If any adjustment of Switch is made necessary by public improvement work required by governmental authority Shipper shall bear the cost of adjusting that section of Switch the maintenance of which is assumed by Shipper. Carrier on Shipper's written request may, as agent of Shipper, furnish or do anything required of Shipper hereunder; and Shipper on request shall deposit with Carrier in advance estimated cost thereof. If any deposit under this agreement be less than Carrier's cost, Shipper shall pay difference; if more, Carrier shall repay difference. Shipper shall pay Carrier's customary charges for labor, materials, equipment and supplies, and for handling, accounting and supervision. 3. Shipper shall not erect or maintain, or allow to be erected or maintained,any building, structure or fixture, or place or store, or allow to be placed or stored, material, equipment or obstruction of any kind, over or adjacent to Switch at distances less than those prescribed by competent public authority; and in no event shall any such building, structure, fixture, material, equipment or obstruction be erected, maintained, placed or stored at a height less than twenty-three feet above nearer rail, or at a distance less than eight and one-half feet from the center line, of Switch; provided: (i) the overhead minimum clearance of wires shall be in accordance with specifications of the current National Electrical Safety Code, and in no event less than twenty-seven feet above nearer rail of Switch, (ii) the horizontal minimum clearance with respect to curved tracks shall be increased one inch for each degree of curvature,and (iii) loading platform of car floor height may be constructed with a horizontal Glee which is not prohibited under clearance regulations established by competent public authority and which shall havrMe approval of Carrier's Chief Engineer, Shipper assumes full responsibility for, and shall defend, indemnify and save harmless the Carrier from and against, any and all liability, suits, claims, damages,costs (including attorneys'fees), losses, outlays and expenses in any manner caused by, arising out of or connected with the failure or refusal of Shipper to comply with, observe or perform any of the provisions of this Paragraph 3, notwithstanding any possible negligence (whether sole,concurrent or otherwise) on the part of Carrier, its agents or employes. 4, Page 1 • '' FORM 13002 2/69 4. It understood that movement of railroad locomotives involves some risk of fire and, unless solely caused by the neglige ce of Carrier, which Shipper shall have the burden of proving, Shipper assumes all responsibility for and agrees to indemnify Carrier against loss or damage to property of Shipper or to property upon Shipper's premises arising from fire caused by locomotives operated by Carrier on Switch, or in its vicinity, for purpose of serving Shipper or Shipper's tenant, if any, except to premises of Carrier and to rolling stock belonging to Carrier or to ethers and to shipments in course of transportation. Shipper also agrees to indemnify and hold harmless Carrier for loss, damage or injury from any act or omission of Shipper, Shipper's employes or agents, to the person or property of the parties hereto and their employes and to the person or property of any other person or corporation, while on or about Switch;and, except as otherwise provided inthis agreement, if any claim or liability shall arise from joint or concurring negligence of both parties hereto,it shall be borne by them equally. . Term hereof shall be concluded (axtyxcdthempx&tyxgmkrpcam)&zxog=)ea rly)MQdxygxwldttmxvicivcitWx;mck kAxxkbDmX(b)-by Shipper failing for 20 days to cure any default after written notice thereof, or(c) at Carrier's election without notice by Shipper's nonuser of Switch for six consecutive months. Any notice of Carrier shall be deemed served when deposited, postage prepaid, in U. S. mail addressed to Shipper as aforesaid. Any of Switch on Carrier's premises Connection shall belong to Carrier, who may remove same upon conclusion of this agreement. "Carrier's premises" includes any public highway within Carrier's right of way produced. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Shipper shall be transferred or assigned,either voluntarily or involuntarily, except by agreement acceptable'to Carrier. Carrier or Shipper may waive any default of the other without affecting, or impairing any right arising from, any subsequent default. Knowledge of or notice to Carrier of any default by Shipper hereunder and Carrier's continued operation over Switch thereafter shall not be a waiver by Carrier of any such default or of any covenant. 6. Shipper, when returning this agreement to Carrier (signed) shall cause same to be accompanied by such order, resolution or ordinance of the governing body of the city of Jefferson 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. MISSOURI PACIFIC RAILROAD COMPANY WIT S: .. ' "5r. ice"Presi { Deratip"ii' Aa tamer,tint party herein. .... .. . ...�c... ......................... CITY OF JEFFERSON CITY, MISSOURI ATTEST:/119 "� lxz�.............. BY... .... . .. . . .. .. . . . .. (At Seal) , ? J(� y S�eeNasy a ?Shippm ad party berein. K(X.X x)('J(XXxxxx.x(X?(XX.XIXX'X'XIXO(%IXOEXXOCN.XxX X X-XXX XXX XXX•X X X?(XX!XXXXXXXX'XIX%XXXXX%N% Page a � � r .r •rr •A. HM mow•• Y/. �. r .. `.• - .. ♦.,may. •. Will Willi ' r„"''•1-vill"�--•""`�..� �' Ja Road • • • . - . • . . • fin! r �'! • M19�C�tJ4�1 PAC�F�C RA��.ROACi C,o.: • •Wes-�-c�n 0��c-4' . Industrial Track Agreement with r City of Jefferson City, Missouri O�i �c� air G' �esir t4:r ' 'R�•°��12�'ict A�ty��ec,�,d�acnage�, b\d9. SCa�t : p►K�,�,,�iWR �r��t s Q'S"-�;: