HomeMy WebLinkAboutRES 23-307RESOLUTION NO. 23-307
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
BNSF Railway Company for a connector track between their existing main line and the existing
Union Pacific track ofFanulin Street located east of Goliad Street.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Bean Font this the 24th day of
October, 2023,
'S���UMO/�j.�t1�f1
AM
AV
�ayor Roy West
f i
AGREEMENT made as of the _ day of , 2023
between BNSF RAILWAY COMPANY, a Delaware
corporation (hereinafter called "BNSF"), and the CITY
OF BEAUMONT, TEXAS, a municipal corporation of
Jefferson County, Texas, acting herein by and through its
City Manager, hereunto duly authorized (hereinafter
called "City"), WITNESSETH;
RECITALS:
BNSF desires to use a certain portion of the City's property at Beaumont, Jefferson County, Texas,
upon which to construct, maintain, and use a railroad crossing, which is agreeable to the City upon the
terms and conditions hereinafter stated.
AGREEMENT
ARTICLE I
1. The City, for and in, consideration of the sum of One and Nof i 00 Dollars ($1.00) cash to it
paid by BNSF, the receipt whereof is hereby acknowledged, and of the full and faithful performance by
BNSF of its covenants hereinafter set forth, hereby licenses BNSF to use a portion of the City's property
situated in Beaumont, Jefferson County, Texas, for the purpose of constructing, maintaining and using a
railroad crossing (hereinafter called "Crossing"), license to use which is hereby given, being depicted on
the attached Exhibit "A," and made a part hereof.
2. BNSF agrees that it will, at its own expense, adjust the grade of its track and perform
incidental work required thereto to accommodate the Crossing,
3. BNSF agrees that it will, at its own expense, maintain the Crossing within the limits
depicted on the attached Exhibit "A;" however, BNSF shall be entitled to receive any contribution toward
the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance,
regulation, order, grant or by other means or sources,
ARTICLE II
In consideration of the aforesaid license, BNSF covenants and agrees to and with the City as
follows:
1. That it will use the licensed premises exclusively as a site for a railroad crossing,
2. That it will not let or sublet the whole or any part of the licensed premises for any purpose
whatsoever or assign this license without the written consent of the City in each instance.
3. That in case of eviction of BNSF by anyone owning or claiming title to the whole or any
part of the licensed premises, the City shall not be liable to BNSF for any damage of any nature whatsoever.
d. That if the licensed premises, or any part thereof, cease to be used at any time for the
purpose licensed, BNSF will deliver to the City the possession of the whole, or such part so ceased to be
used,
5. That it will, at no expense to the City, and subject to the supervision and control of the City
Engineering, locate, construct and maintain the public road in such a manner and of such material that it
will not at any time be a source of danger to or interference with the present or Riture roadbed and property
of the City, or the safe operation of its public road. BNSF shall construct the public road, and any drainage
facilities required because thereof, in such a manner as not to permit damage to the City's property or
adjoining property. In the event of a breach of this covenant at any time, BNSF will, within ten (10) days
after receipt of a written notice from the City thereof, do whatever may be neccssmy to f ilfill its obligations
under this section and, failing so to do within said time, the City may do so at BNSF's expense, bill for
which BNSF will promptly pay.
6. That it will do no work on the City's property without first contacting City's Public Works
Department and securing approval of such work.
7. That no legal right of the City to maintain, use and relocate the public road now located
upon the licensed premises, or to construct and thereafter maintain, use, and relocate any additional public
road as it may desire upon or across said licensed premises shall be in anywise affected by the giving of
this license,
8, That if, at any time during the tern hereof, the City shall desire to make any use of the
licensed property with which the Crossing will in any way interfere, including the relocation of existing or
the construction of new public roads, in which it shall have an interest, BNSF shall at no expense to the
City, make such changes in the Crossing as in the judgment of the City may be necessary to avoid
interference with the proposed use of its property,
9. That it will bear and pay the entire cost of constructing and maintaining the Crossing,
including any drainage facilities required because thereof, upon the licensed premises.
10. That if it shall become necessary in the future reconstruction and/or maintenance of said
Crossing to make any changes or alterations to the City's right of way fences, signal, power and/or
communication pole and wire lines, and/or other facilities located upon the licensed premises, such changes
or alterations, if agreeable to the City, will be made by BNSF at its own expense.
11. To make any and all arrangements that may be necessary to secure the location or relocation
of wire lines, pipelines and other facilities owned by private persons, companies, corporations, political
subdivisions, or public utilities other than the City, which it may be found necessary to locate of relocate in
any manner whatsoever due to the construction of said Crossing.
12. To appoint and keep competent inspectors, engineers or other authorized parties on the
work to be done by BNSF during the progress of such work, and to give the City reasonable advance notice
of the performance by BNSF, or any contractor employed by BNSF to construct said Crossing, of any work
upon, along, over or across the right of way of the City which Wright render unsafe the operation of the
public road of the City.
13. BNSF has permission to self -insure and has the financial resources to respond to liabilities
arising from its contractual obligations under this license. Adequate reserves are maintained for claims
within our retention. Upon request, BNSF will provide a letter of self-insurance.
14. That if it is determined necessary by the City during the construction or maintenance of
said Crossing to provide flagmen and inspectors to ensure the safety of the public road, the cost of providing
such flagmen and inspectors will be borne by BNSF.
15. That it will release and vacate the licensed premises occupied by the Crossing, remove the
Crossing from the licensed premises and otherwise fully restore the premises to the condition in which they
existed prior to the beginning of the work herein covered, irrunediately after the need for such Crossing
ceases to exist.
16. BNSF agrees that if it is deemed necessary by the public agency that has jurisdiction for
maintenance of the public road to install additional traffic control systems or illumination at the Crossing,
this will be installed at no cost to the City.
17. BNSF will furnish, install, and thereafter maintain pavement markings, advance warning
signs, and traffic control signs in accordance with applicable portions of the Texas Department of Highways
and Public Transportation on Manual on Uniform 'Traffic Control Devices.
18, That this license is made subject to all valid, existing and future contracts, agreements,
licenses and easements which may affect said licensed property, covering roads, public and private; pole
lines and appurtenances; water lines, or other facilities,
19. That all of the covenants hereof shall inure.to the benefit of the successors and assigns of
City, to the same extent as to the City.
ARTICLE III
1, The parties mutually agree that this license shall be effective from its date, and thereafter
until terminated in writing by mutual agreement of the parties or in the event that BNSF is in default under
this Agreement. BNSF will be in default under this Agreement if it fails to perform any of its obligations
under this Agreement and such failure is not cured within one hundred eighty (180) days after written notice
of default fxo►n the City. Upon such or any other termination, BNSF will surrender possession of the
licensed premises to the City.
IN TESTIMONY WHEREON, the parties have executed this agreement, effective as of the day
and year first written above.
BNSF Rai [way Company,
a Delaware corporation
Name James A. Ball
Title: Sr Mgr - Real Estate
Date: 10/11 /2023
City of Beaumont, Texas,
a municipal corporation
By:
Name: Kenneth R. Williams
Title: City Manager
Date:
Li XIIIBIT "A"
Depiction of tine Crossing
Kywm J. I3uRitm (BNSF Railway Company
Dheetor-Risk: Marx,enresl
f7A/L WAY
R0, l3na 961073
Port Wot1h, TX, 76171-0073
2301 Lou hicnk Ddyc G013-MV
Port Worth, '1% 76131-2828
Phonc 817 352-3,177
Fax 817 352-4860
E-mail kevh0)ur6n(a lrns%conn
August 30, 2023
City of Beaumont, TX,
Attn: Antoinette Hardy
P.O. Box. 3827
Beaumont, TX.77704
RE: Status of Self -Insurance for PZ2022-186 & PZ2022-187
Dear Ms. Hardy;
The BNSF Railway Company is insured -under Burlington Northern Santa Fe, LLC's Excess
Property and Liability Policies, Our self -insured retention is in keeping with our net worth and
cash flows and is consistent with that of other corporations of similar operations and size.
Adequate reserves are maintained for claims within our retention.
In lieu of a Certificate of Insurance, please accept this letter to you that the BNSF Railway
Company has the financial resources to respond to liabilities arising from its contractual
obligations. This covers the BNSF Railway Company's operations anywhere in North America,
If you have any questions, please feel free to contact me directly.
Sincerely,
Kevin J. Burrin
NARIskTovcrageslselrlusurance\Four Letterllcanplatc- KJ8 with sig,docx
Is,
AGREEMENT made as of . the 25 day of CO— _, 2023
between BNSF RAILWA'` COMPANY, a Delaware
corporation (hereinafter called "BNSF"), and the CITY
OF BEAUMONT, TEXAS,, a municipal corporation of
Jefferson County, Texas, acting herein by and through its
City Manager, hereunto duly authorized (hereinafter
called "City"), WITNESSETH:
0
BNSF desires to use a certain portion of the City's property at Beaumont, Jefferson County, Texas,
upon which to construct, maintain, and use a railroad crossing, which is agreeable to the City upon the
terms and conditions hereinafter stated.
F AT? 61�1
L The City, for and in consideration of the sum of One and No/ I OiOi Dollars ($ 1.00) cash to I
paid by BNSF, the receipt whereof is hereby acknowledged, and of the full and faithful performance by
BNSF of its covenants hereinafter set forth, hereby licenses BNSF to use a portion of the City's property
situated in Beaumont, Jefferson County, Texas, for the purpose of constructing', maintaining and using a
railroad crossing (hereinafter called "Crossing"), license to use which is hereby given, being depicted on
the attached Exhibit "A," and made a part hereof.
2. BNSF agrees, that it will, at its own expense, adjust the grade of its track and perform
incidental work required thereto to accon-Lmodate the Crossing.
3. BNSF agrees, that it will, at its own expense, maintain the Crossing within the limits
depicted on the attached Exhibit "A-i'' however,, BNSF shall be entitled to receive any contribution toward
the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance,
regulation, order, grant or by other means or sources.
- REM AVII ff rd
In consideration of the aforesaid license, BNSF covenants and agrees to and with the City as
l . That it will use the licensed premises exclusively as a site for a railroad crossing.
2. That it will not let or sublet the whole or any part of the licensed premises for any purpose
whatsoever or assign this license without the written consent of the City in each instance.
3. That in case of eviction of BNSF by anyone owning or clamming title to the whole or any
part of the licensed premises, the City shall not be liable to BNSF for any damage of any nature whatsoever.
4. That if the licensed premises, or any part thereof, cease to be used at any time for the
purpose licensed, BNSF will deliver to the City the possession of the whole, or such part so ceased to be
used.
S. That it will, at no expense to the City, and subject to the supervision and control of the City
Engineering, locate, construct and maintain the public road in such a manner and of such material that it
will not at any time be a source of danger to or interference with the present or future roadbed and property
of the City, or the safe operation of its public road. BNSF shall construct the public road, and any drainage
facilities required because thereof, in such a manner as not to permit damage to the City's property or
adjoining property. In the event of a breach of this covenant at any time, BNSF will, within ten (10) days
after receipt of a written notice from the City thereof, do whatever may be necessary to fulfill its obligations
under this section and, failing so to do within said time, the City may do so at BNSF's expense, bill for
which BNSF will promptly pay.
G. That it will do no work on the City's property without first contacting City's Public Works
Department and securing approval of such wort{.
7. That no legal right of the City to maintain, use and relocate the public road now located
upon the licensed premises, or to construct and thereafter maintain, use, and relocate any additional public
road as it may desire upon or across said licensed premises shall be in anywise affected by the giving of
this license.
8. That if, at any time during the term hereof, the City shall desire to make any use of the
licensed property with which the Crossing will in any way interfere, including the relocation of existing or
the construction of new public roads, in which it shall have an interest, BNSF shall at no expense to the
City, make such changes in the Crossing as in the judgment of the City may be necessary to avoid
interference with the proposed use of its property.
9. That it will bear and pay the entire cost of constructing and maintaining the Crossing,
including any drainage facilities required because thereof, upon the licensed premises.
10. That if it shall become necessary in the future reconstruction and/or maintenance of said
Crossing to make any changes or alterations to the City's right of way fences, signal, power and/or
communication pole and wire lines, and/or other facilities located upon the licensed premises, such changes
or alterations, if agreeable to the City, will be made by BNSF at its own expense.
11. To make any and all arrangements that may be necessary to secure the location or relocation
of wire lines, pipelines and other facilities owned by private persons, companies, corporations, political
subdivisions, or public utilities other than the City, which it may be found necessary to locate or relocate in
any manner whatsoever due to the construction of said Crossing.
12. To appoint and keep competent inspectors, engineers or other authorized parties on the
work to be done by BNSF during the progress of such work, and to give the City reasonable advance notice
of the performance by BNSF, or any contractor employed by BNSF to construct said Crossing, of any work
upon, along, over or across the right of way of the City which might render unsafe the operation of the
public road of the City.
13. BNSF has permission to self -insure and has the financial resources to respond to liabilities
arising from its contractual obligations under this license. Adequate reserves are maintained for claims
within our retention. Upon request, BNSF will provide a letter of self-insurance.
14. That if it is determined necessary by the City during the construction or maintenance of
said Crossing to provide flagmen and inspectors to ensure the safety of the public road, the cost of providing
such flagmen and inspectors will be borne by BNSF.
15. That it will release and vacate the licensed premises occupied by the Crossing, remove the
Crossing from the licensed premises and otherwise fully restore the premises to the condition in which they
existed prior to the beginning of the work herein covered, inunediately after the need for such Crossing
ceases to exist.
16. BNSF agrees that if it is deemed necessary by the public agency that has jurisdiction for
maintenance of the public road to install additional traffic control systems or illumination at the Crossing,
this will be installed at no cost to the City.
17. BNSF will ftimish, install, and thereafter maintain pavement markings, advance warning
signs, and traffic control signs in accordance with applicable portions of the Texas Department offlighways
and Public Transportation on Manual On UllifOrnlTraffic Control Device,11
18. That this license is made subject to all valid, existing and future contracts, agreements,
licenses and easements which may affect said licensed property, covering roads, public and private; pole
lines and appurtenances, water lines, or other facilities.
19. That all of the covenants hereof shall inure.to the benefit of the successors and assigns, of
City, to the same extent as to the City.
The parties mutually agree that this license shall be effective from its date, and thereafter
until terminated in writing by mutual agreement of the parties or in the event that BNSF is in default under
this Agreement. BNSF will be in default under this Agreement if it fails to perform any of its obligations
under this Agreement and such failure is not cured within one hundred eighty (180) days after written notice
of default fro rri the City. Upon such or any other termination, BNSF will surrender possession of the
licensed premises to the City.
IN TESTIMONY WHEREOF, the parties have executed this agreement, effective as, of the day
and year first written above.
BNSF Raililway Co�mpan
a Delaware corporation I
B
Y:
Name•�� James A. Ball
Title: Sr Mgr - Real Estate
Date: 10/11/2023
Clity of Beaumont, Texas,
a municipal corporation
By:
Name: Kenneth R. Williams
Title,: City Manager, 1,11.1 1
e d,"' , Y,
Date-,
WAX
Depiction of the Crossing
KENTINJ. BURRIN BNSF Railway Company
Diredor-RiskAlan(i gelvent
RA 1Z WA r
P.O. Box 961073
Fort Worth , P FK 76171-0073
2301 Lou Mcnk Drive GOB-2W
Fort Worth, TX. 76131-2828
Phone W 352-3477
Fax 817 352-4860
E-mail kevi,n.burrin@bnsf.com
August 30, 2023
City of Beaumont, T'
Attn: Antoinette Hard
P.O:, Box 3827
Beaumont, TX.7770441
The BNSF Railway Company is insured under Burlington Northern Santa Fe, LL,Cs Excess
Property and Liability Policies. Our self-iinsured retention i's in keeping witn our net worth and
cash flows and is consistent with that of other corporations of similar operations and size.
Adequate reserves are maintained for claims within our retention.
In lieu of a Certificate of Insurance, please accept this letter to you that the BNSF Railway
Company has the financial resources to respond to liabilities arising from its contractual
obligations. This covers the BNSF Railway Company's operations anywhere in North America.
If you have any questions, please feel free to contact me directly.
NARisk\Coverages\Se1f InsuranceWomi LetteiATemplate- KJB with sig.doe x