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Home My Public Portal AboutORD07855 r t' i BILL NO, d INTRODUCED BY COUNCILMEN: n/�' ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY TO EKECUTE ON BEHALF OF THE CITY A WRITTEN COMMERCIAL ROAD CROSSING LICENSE 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 the Clerk of the City are hereby authorized to execute a written commercial road crossing license with the Missouri Pacific F Railroad Company relating to the crossing of the Missouri Pacific Railroad Company. Bagnell Branch line from Industrial Drive to the site of Fire Station No. 3 in.said city. Section 2. Said commercial road crossing license shall read in words and figures as follows: r Vern 10071 COMMERCIAL ROAD CROSSING LICENSE THIS AGREEMENT,executed in duplicate, 19 , by and between the Missouri Pacific Railroad Company • a Missouri corporation, hereinafter called"Carder",and the City of Jefferson City f a municipal corporation, to be addressed at City Hall, Jefferson City, Missouri hereinafter called "Licensee", WITNESSETH: 1.-Carder hereby grants and the Licensee hereby accepts permission to construct, maintain and use,and allow Licensees office",agents,em, ployees,licensees and invitees to use, the herein defined,Crossing,as a means of travel from one side to,the other of Carriers right of,way,induct- ing any,track at any time thereon,herder called :'Premises",situated in Section Z.,} ownship,.44, Range• t12— Cole *County; Missouri... 2, "Crosaing"means one certain private roadway, extending across Premises and crossing at grade any intersecting track on Premises,together with all appurtenances to such roadway belonging, including crossing planks and drains and requisite opening (and suitable gate therefor) in any fence located from time to time along either or each side of Premises. Crossing's center line shall intersect Carriers maintrack,� 970 1„ feet,more or less, ;•WeSti: s fmaint"eting'east, section lineofsaid Section 2;.' 1`r \'. � 'Vltl r .•f.•. ,. ar , .. r, tf�.. ;tjrc•. .. .... ' 3. Approximate location of Crossing is indicated by green line S. on Carrier's Eastern Division white print,File No.5 M ,prepared in Office of Assistant .Engineer at Kansas City, Mo. , dated May 17 ,•19 66 marked Exhibit "A". attached hereto as part hereof. 4. Licensee, furnishing necessary materials and performing necessary labor,shall provide Crossing complete in place under supervision and to the satisfaction of Carrier.except Carrier,as agent and at cost of Licensee,shall furnish and install crossing planks on each side and between the. rails of Carriers tracks and raise,or cause to be raised,any interfering wire line. Licensee, at Licensee's cost, shall maintain Crossing suitable for use pursuant hereto and shall adjust Crossing to any physical change when and as made at any time in any property of Carrier.Anything required of Licensee fiereundcr, including the time and manner of doing any work. each shall conform to the requirements of Carrier as well as of any Governmental authority. f. Carrier may acting for Licensee, furnish or do, and Licensee shall pay and bear the cost of,anything which,herein required of Licensee at any time, either sh2l not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at the request of Licensee; and Licensee, on request, shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cos Licensee,hall pay difference; if more, Carrier shall repay difference. Licensee when returning this agreement signed shall pay to Carrier 1. =201 O D Dollars for preparing it.Any other payment required pursuant to this agreement shall be made within twenty -.,iys follow- ing receipt of bill. Licensee.shall pay,(a) cost of all labor, including wages of foremen plus 10% to cover accounting and supervvrt;tt!, :!,, v«ca•' tion, holiday and health and welfare allowances of employees engaged in or connecters with such work, (c) Carriers cwt price..f al!' r✓c-:::::: f.o.b. Carrier's tails.plus•1196 to cover handling, accounting and transportation expenses, and (d) excise taxes applicable to said labor b'"U materials. 1.,;'; �!!'il{i1'Ylr� 1.1r'Rr-.cnp.y err rir •�; �r�' r r� 1n .r,. j MI tu.tn �)Jti i +hfG•'t'�1j��'7 i'' r► �� .i:: '!i, «.yfy� r..,r.,. ' � <jt..►:i�t_.i'.�ri1 ' . 1~ ''!: .Jii''4 ,. l�.f.r�,.;,', 1 \ fie, Licensee at Licensee's cols cost and r,sp nsibiiity shall provide and keep at Crossing such number of flagmen, having approval of • Car►. at such times as in Carrier's opinion shall be required to properly safeguard operations over Crossing, 7, Licensee shall require the person in charge of each vehicle operating onto and over the tracks of the Carrier via the Crossing to (let) bring ouch vehicle to a full stop at a safe distance from the tracks'of the Carrier before operating thereover, and (2nd) receive a proceed signal from the gagman stationed at the intersection of said roadway and said tracks before attempting to operate said vehicle across said tracks. 8. If the Licensee shall operate over Crossing when there is no gagman at the Crossing, the Licensee shall require the person in charge of each vehicle operating onto and over the tracks of the Carrier via the Crossing to first bring said vehicle to a full stop and determine that there is no train approaching on Carriers tracks so near as to strike him or any property in his custody before attempting to operate thereover. 9, Licensee shall promptly report to Carrier's representative any accident or casualty happening in or incident to the exercise by Licensee of the grant herein contained, 10. Licensee shall keeQ any now ice,earth, rock or other and different obstructions removed from about said Crossing,as well as keep the tracks of Carrier free and clear of earth,rock or other and different obstructions at said intersection by reason of Licensees operations on or in the vicinity of said Crossing. 11. This grant is made by Carrier to Licensee subject to the right in Carrier, Carrier's servants, employees, patrons and licensees, hereby confirmed by Licensee, to use any or all of Crossing for or in connection with the operation by Carrier of Carrier s line of railroad and Carrier shall,at all times,have the right to intersect Crossing at any place with any tracks. 12. Licensee shall and will,and does hereby agree to, assume and discharge.,and indemnify and save harmless the Carrier, its successors and Real ns, from and against,any and all liability, loss,cost or expense for or on account of injuries or fatalities to all persons, or damage to or loos nor destruction of any property,caused by, arising out of or incident to the provision,maintenance,operation,use, existence or removal of Cross- ' •,,ing on Premise9 and regardless of whether any such injury, death, damage, loss or destruction shall have been caused or contributed to by any y... act or omission, negligent or otherwise,of the Carrier or of Carrier's officers, agents, servants or employees. 13. Term hereof shall begin with the date first hereinbefore written and continue thereafter until concluded,as it may be at any time, is)by expiration of 30 days following serving by either party on the other of written notice of such being the intention, (b) by Licensee failing or 20 days to cure any default after written notice thereof, or (c) at Carrier's election, without notice, by Licensee a non•ueer of Crossing for six consecutive months. Any notice of Carrier shall be deemed served when posted conspicuously on Crossing or when depposited, postage prepaid, in U. S. Mail, addressed to Licensee at the above address. Not later than last day of term hereof Licensee shall restore Carrier's premises to rela- tively their condition before provision of Crossing,except that Carrier, acting for Licensee and at Licensees sole cost and responsibility, shall remove any eroasing planks comprised in Crossing. 14. Covenants herein shall inure to or bind the Licensees successors and assigns, and the successors and assigns of the Carrier; provided:. no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier.•; Either party hereto may waive any default at any time of the other without affecting,or impairing any right arising from,any subsequent default. S, IN WITNESS WHEREOF, the parties hereto -have duly executed this agreement the day and year first above written. .r ; Wrrrrt*aaas: MISSOURI• PACIFIC+ RAILROAD COMPANY .....................................................:...........:......... By................................................................................................ ATT68T: .......................................................................... t., CITY OF JEFFERSON CITY, SSOURI Sstassztsr G = Attest : By.. ....... ...... . ... ..... ....... ohn G. Christy t Mayor.r...r J ••r' Marga t Christian lark..............::....................... t'. a 7 ,f l Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: / Approved: •dr �� ._. . President of the Cou c Mayor Attest: 221s rlw-a r-16d �771 ity Clerk