HomeMy WebLinkAboutRES 86-005 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute
an agreement with Southern Pacific Transportation Company, a copy
of which is attached as Exhibit "A" hereto, for the removal and
relocation of grade crossing and traffic protection devices in
connection with the College Street T.I . P. Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 198Ea
Mayor -
[RAF - VI - 1,1/12/85 - 79250/323-21
THIS AGREEMENT, made this 12 day of ��� t „,}�� r- , 1985,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad, " and CITY OF BEAUMONT, a
municipal corporation of the State of Texas , herein termed "City" ;
RECITALS:
The parties hereto desire to set forth by this instrument
their agreements with respect to the improvement of College
Street where same crosses tracks and property of Railroad, at
or near Beaumont, in the County of Jefferson, State of Texas
(Crossing No. TSA-29 . 38 ) .
AGREEMENT:
1 . Railroad, at City' s expense, shall provide the necessary
labor , tools and equipment and shall perform the following work:
(a) relocate three existing warning devices from
locations shown in yellow to locations shown
in red in Railroad ' s Drawing No . 84-0151 , which
is attached and hereby made a part hereof;
(b) remove existing crossing surface;
(c) prepare its track, including relay of rail and
ties ; and
(d) install a rubber pad crossing.
w 2 . City agrees to reimburse Railroad for one hundred percent
( 100% ) of all cost and expense incurred by Railroad in connection
with furnishing materials and performing the work specified in
Section 1 above.
3. Following execution of this instrument, Railroad will order
the delivery of all materials required to perform the work contem-
plated herein and shall submit to City a bill for eighty percent
(80% ) of City' s share of the estimated cost of materials to be
furnished by Railroad . As soon as the crossing signals and/or the
crossing surface have been placed in operation, Railroad shall
submit to City bills for eighty percent ( 80% ) of City' s share of the
estimated cost of applicable labor furnisher by Railroad . Following
completion of audit, Railroad shall submit to City a final bill for
Exhibit "A"
b
the actual total cost of the work performed by Railroad, less the
progress payments made by City hereunder . City shall pay all of
such bills promptly.
In the event progress payments made by Grantee exceed the
audited total final cost, the difference shall be promptly refunded
to Grantee by Railroad.
4 . After installation of said signals has been completed,
Railroad shall maintain same so long as they remain in place .
If federal funds or any other governmental funds for maintenance
become available , Railroad shall be reimbursed to the extent of such
availability.
5 . The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available , following
execution of this instrument, and shall be completed within one ( 1 )
year thereafter .
6 . This agreement shall be binding upon and inure to the
benefit of the successors and assigns of Railroad and the assigns of
City.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
By
Title :
CITY OF BEAUMONT
By
Mayor
By
Clerk
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