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BILL NO.
INTRODUCED BY COUNCILMAN
i!ORDINANCE NO. 7 7 9
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AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING AND
( DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE
jiCITY, A CONTRACT WITH MISSOURI PACIFIC RAILROAD COMPANY TO INSTALL
' RUBBER PAD CROSSING MATERIAL AT A CROSSING ON INDUSTRIAL DRIVE IN
THE CITY OF JEFFERSON , MISSOURI .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS : .
SECTION 1. The Mayor and City Clerk of the City of
Jefferson, Missouri, are hereby authorized and directed, for and
in the name of the City, to execute a written contract with
`Missouri Pacific Railroad Company to install a rubber pad
+ crossing material at a crossing on Industrial Drive, said contract
to be substantially the same in form and content as the contract
attached hereto and by reference made a part hereof.
SECTION 2 . This ordinance shall take effect and be in
full force from and after its passage and approval.
Passed Approved Pao
® (7esigent of the Cduncil Mayor
ATTEST :
�j J Cit3h Cierk
• JK- 1-20-82
THIS AGREEMENT, executed in duplicate, this /I+ day of
1982, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation,
hereinafter called "Railroad", and the CITY OF JEFFERSON, a Municipal corporation
of the State of Missouri, hereinafter called "City", WITNESSETH:
R E C I T A L S:
As part of its program to improve railroad crossings in
the City of Jefferson, City desires that Railroad improve the
existing crossing, at grade, of Railroad's Track No. 115
(formerly Bagnell Branch main track) by Industrial Drive
approximately fifty (50) feet southwest of the intersection
of West McCarty Street and Industrial Drive, in the City of
Jefferson, the length of which is specified on the attached
Exhibit A. City shall reimburse Railroad the expense of
furnishing rubber pad crossing material at the location, and
Railroad shall bear the cost of installing said crossing as
is more fully set forth herein. Railroad is agreeable to
all of the foregoing but solely upon the terms and conditions
hereinafter 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. Railroad, at the sole cost and expense of City, shall furnish the rubber
pad crossing material at the location for the new crossing described in Section 2,
below.
2. Railroad, at its sole cost and expense, shall furnish all labor,
material, equipment, and supervision for, and shall remove the existing crossing,
renew the rail, ballast, and cross ties, and install new rubber pad crossing, at
the crossing located on Industrial Drive approximately fifty (50) feet southwest
of the intersection of West McCarty Street and Industrial Drive, in the City of
Jefferson, Cole County, Missouri.
3. City hereby expressly stipulates and agrees to reimburse Railroad the
actual costs incurred by Railroad of acquiring the crossing material set forth
in Section 1 hereof, said costs shall not exceed $14,200.00.
4. The Railroad will furnish, at its own expense, crossing material beyond
the synthetic surface to the street right of way line.
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5. City hereby agrees that the work to be performed by Railroad hereunder
on or about the affected premises may be performed at such times as not to delay,
interfere with, or obstruct the safe passage of Railroad's trains or the function-
ing of its signal and communication systems.
6. The Railroad will notify the City Engineer's office in advance of the
date that work on the project is to be started.
7. Term hereof shall begin with the date first hereinabove written and
continue thereafter so long as City occupies Railroad's right of way for the
location and use of said roadway crossing upon, over and across same.
8. 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 affect-
ing or impairing any right arising from any subsequent default.
9 . In the event the Railroad discontinues its use of the rail line and
removes its track, all materials furnished by the City under this Agreement
will revert to and become the property of the City.
1Q. 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.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement
as of the day and year first hereinabove written.
ES MISSOURI PACIFIC RAILROAD COMPANY
?7.
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By
-�/ 9 Vice President
CI
ATTEST: CITY OF JEFFERSON, MISSOURI
By
ity Clerk Mayor
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EXHISIT: A
•' '�. �� MISSOURI PACIFIC RAII.R- c;i11�
z.� WESTERN DISTRICT
PKAOSED RUBBER PAr, C2oSSIwo ,
1 , S INDUSTRIAL. DRIVE I x ING FO P,
INDV STRI A L. DRIVE
DOT No. 442 b 45 E - MP 125.40 AT
'X00 -BAGULL BRANCH) JUFFRSgW CIT`I', COL-E Cor 1.tS�od
Office at District Engineer, Kansat 1
` "~• " ' Note Book
<< r Dra mom. Da '2. 2 File No 1