R-86-894 - 7/10/1986WHEREAS, it is necessary to construct railroad crossing warning signals at
the Regional Wastewater Treatment Plant Site; and
WHEREAS, Union Pacific Railroad has submitted an agreement which will
permit the construction of said warning signals; and
WHEREAS, the City Council wishes to approve and execute said agreement and
pay the required fees; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby authorized and
directed to execute on behalf of the City, an agreement to construct railroad
crossing warning signals at the Regional Wastewater Treatment Plant Site, a
copy of such agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this iMi day of9i , 1986.
ATTEST:
NE LAND, City Secretary
RESOLUTION NO. MO
MIKE ROBINSON, Mayor
City of Round Rock, Texas
• • 4.
CITY OF ROUND ROCK'S ORIGINAL
H. P. KNIPMEVER
REGIONAL MANAGER
CONTRACTS &JOINT FACILITIES
351-7515
G.W RANDOLPH
ASST REGIONAL MANAGER
CONTRACTS &JOINT FACILITIES
350-7524
The Honorable Mike Robinson
Mayor
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
GWR:slb
UNION PACIFIC RAILROAD COMPANY
=ft
24125 ALDINE- WESTFIELD ROAD
SPRING, TEXAS 77373
TEL. AREA CODE 713
September 22, 1986
M. B. STEVENSON
ASST. REGIONAL MANAGER
CONTRACTS S JOINT FACILITIES
350-7517
R. K. JOHNSON
JOINT FACILITIES AUDITOR
350-7532
GWR - Crossing: PUBLIC: Round Rock,
Texas
The Regional Wastewater Treat-
ment Plant
(Brusly) Creek - MP 157.9
Dear Mayor Robinson:
Attached, for the City's records, is original of Public Road Cross-
ing Agreement No. CA- 88381, dated August 22, 1986, covering a 33 -foot rubber
pad crossing at Mile Post 157.9, in Round Rock, Texas.
Sincerely,
•
ROUW) .ACC
THIS AGREEMENT, executed in duplicate, /16usr �<
19 gip, by and between MISSOURI PACIFIC RAILROAD COMPANY, a
Delaware corporation, hereinafter called "Railroad ", and CITY OF
ROUND ROCK, a Municipal corporation of the State of Texas,
hereinafter called "Licensee ", WITNESSETH:
1. Railroad hereby grants and the Licensee hereby
accepts permission to construct, maintain and use, and allow
Licensee's officers, agents, employees, licensees and invitees to
use, the herein - defined Crossing, as a means of travel from one
side to the other of Carrier's right of way, including any track
at any time thereof, herein called "Premises ", situated in
Williamson County, near Round Rock, Texas.
2. "Crossing" means one certain roadway, extending
across Premises and crossing at grade any intersecting track on
Premises, together with all appurtenances to such roadway belong-
ing, including, but not limited to, paving, grading, drainage
structures 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
Carrier's main track at Engineer's Chainage Station 8338 +58, Mile
Post 157.9, near Round Rock.
3. Approximate location of Premises upon which
Crossing is located is shown on Railroad's Texas District white
print, File No. 4- 250 -85, dated March 5, 1985, last revised
May 13, 1985, prepared in Office of District Engineer at Dallas,
Texas, 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 Railroad,
except Railroad, as agent and at cost of Licensee, shall remove
the existing crossing, renew ballast and cross ties, field weld
rail joints and furnish and install subgrade filter fabric,
6 -inch perforated drains, rubber pad crossing, and flashing light
signals with gates, for the lump sum of $96,000.00 payable in
advance.
5. 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 Railroad. Anything required of Licensee here-
under, including the time and manner of doing any work, each
shall conform to the requirements of Railroad as well as of any
governmental authority. Railroad 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
shall not be furnished or done within ten days following Railroad's
written request therefor or shall be undertaken by Railroad at
the request of Licensee; and Licensee, on request, shall in
advance deposit with Railroad the estimated cost thereof. If
deposit be less than actual cost, Licensee shall pay difference;
if more Railroad shall repay difference. Licensee when return-
ing this agreement signed shall pay to Railroad Fifty Dollars to
cover administrative, clerical and handling expenses. Any other
payment required pursuant to this agreement shall be made within
twenty days following receipt of bill. Licensee shall pay (a)
cost of all labor, including wages of foremen, plus 10% to cover
accounting and supervisions, (b) vacation, holiday and health and
welfare allowances of employees engaged in or connected with such
work, (c) Railroad's cost price of all materials f.o.b. Railroad's
rails, plus 15% to cover handling, accounting and transportation
expense, and (d) excise taxes applicable to said labor and
materials.
6. Licensee, at Licensee's sole cost and responsibility,
shall provide and keep at Crossing such number of flagmen, having
approval of Railroad, at such times as in Carrier's opinion shall
be required to properly safeguard operations over Crossing.
7. Licensee shall promptly report to Railroad's repre-
sentative any accident or casualty happening in or incident to
the exercise by Licensee of the grant herein contained.
8. Licensee shall keep any snow, ice, earth, rock or
other and different obstructions removed from about said Crossing,
as well as keep the tracks of Railroad free and clear of earth,
rock or other and different obstructions at said intersection by
reason of Licensee's operations on or in the vicinity of said
Crossing.
9. This grant is made by Railroad to Licensee subject
to the right in Railroad, Railroad's servants, employees, patrons,
lessees and licensees, hereby confirmed by Licensee, to use any
or all of Crossing for or in connection with the operation by
Railroad of Railroad's line of railroad and as access to Railroad's
adjoining property, and Railroad shall, at all times, have the
right to intersect Crossing at any place with any track.
10. Licensee shall and will, and does hereby agree to,
assume and discharge, and indemnify and save harmless the Railroad,
its successors and assigns, from and against, any and all liability,
loss, cost or expense for or on account of injuries or fatalities
to any person, including, but not limited to the officers,
agents, employees, licensees or invitees of Licensee or Railroad,
or damage to or loss or destruction of any of their or others'
respective property, caused by, arising out of or incident to the
provision, maintenance, operation, use, existence or removal of
Crossing on Premises.
11. Term hereof shall begin with the date first herein -
before written and continue thereafter until concluded, as it may
be at any time, (a) by expiration of thirty days following the
- 2 -
serving by Licensee on Railroad, or vice versa, of written notice
of such being the intention, (b) by Licensee's failing for 20
days to cure any default after written notice thereof, or (c) at
Railroad's election, without notice, by Licensee's non -use of
Crossing for six consecutive months. Any notice of Railroad
shall be deemed served when deposited, postage prepaid, in
U.S. Mail, addressed to Licensee at the above address. Not later
than last day of term hereof Licensee shall restore Railroad's
premises to relatively their condition before provision of
Crossing.
12. Covenants herein shall inure to and bind the
Licensee's successors and assigns and the successors and assigns
of the Railroad provided: no right of Licensee shall be trans-
ferred or assigned, either voluntarily or involuntarily, except
by express agreement acceptable to Railroad. Either party hereto
may waive any default at any time of the other without affecting,
or impairing any right arising from, any subsequent default.
13. Licensee, when returning this agreement to Railroad
(signed), shall cause same to be accompanied by such order, reso-
lution, or ordinance of the governing body of Licensee, passed
and approved as by law prescribed, and duly certified, evidencing
the authority of the person executing this agreement on behalf of
Licensee with the power so to do and which shall certify that
funds are available and have been appropriated for the payment of
any sums agreed to be paid by Licensee hereunder.
IN WITNESS WHEREOF, the parties hereto have duly
executed this agreement as of the day and year first hereinabove
written.
WITNESSES:
ATTEST:
MISSOURI PACIFIC RAILROAD COMPANY
By Title: -Operumm
CITY OF ROUND ROCK, TEXAS
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