HomeMy WebLinkAboutResolution - 032775F - Agreement - ATSF Railway Co - URA - 03_27_1975JWF:dw
RESOLUTION
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby
authorized and directed to execute for and on behalf of -the CITY OF
LUBBOCK an AGREEMENT between THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY and the CITY OF LUBBOCK and the URBAN
RENEWAL AGENCY, attached herewith, which shall be spread upon the
Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 27thday of March 1975.
- ROY ASS, MAYOR
ATTEST:
Treva-Phillips, Cityr, - ecretary-Treasurer
APPROVED AS TO FORM:
- r
Fred O. Senter, Jr., Cit3(,Altorney
RESOLUTION
Motion was made by Commissioner Campbell , seconded
by Commissioner Jordan , that the Mayor be instructed to
f
sign, on behalf of the City of Lubbock, Texas, license agreement
between The Atchison, Topeka and Santa Fe Railway Company, City of
yubboek, Texas, and The Urban Renewal Agency of the City of Lubbock,
Texas, covering right of wag across said Railway Company's property
for a public road and drainage facilities at Cornell Street, and that
a copy of said agreement be recorded in the Minutes.
Motion carried.
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000
THE. STATE OF TEYAS
` COUNTY OF LUBBOCK
CITY OF LUBBOCK X
I, Treva Phillips City Secretary, do hereby certify
that the above and foregoing is -a full, true and correct copy of the
Minutes of the meeting of the City Commission of Ma h 270
19 75 , insofar as the same pertains to the execution of an agreement
with The Atchison, Topeka and Santa Fe Railway Company and The Urban
Renewal Agency of the City of Lubbock, Texas.
Given under my hand and seal of office this the 27 day of
March , 19 75
City Secretary
9
CONTRACT SECRETARY'S 110.
000
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF LUBBOCK, TEXAS
and
THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS
000
AGREMENT: Relating to the relocation of a
grade crossing from Baylor Street
to Cornell Street at Lubbock,
Lubbock County, Texas, Neighborhood
Development Program 4B and 4C Areas,
Urban Renewal Project Tex.A-14(C)
DATED: A acH r2, lq "?S
AGREEMENT, made this r.rH day of
fxKCH , 19 7S , between THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPtNY, a Delaware corporation (herein-
after called "Santa Fe"), as First Party;
the CITY OF LUBBOCK, TEXAS, a municipal
corporation of Lubbock County, acting
herein by its Mayor, hereunto duly
authorized (hereinafter called "City"),
as Second Party, and THE URBAN RENEWAL
AGENCY OF THE CITY OF LUBBOCK, TEXAS, a
Texas corporation operating in the City of
Lubbock, acting herein by its Chairman of
__- Board, hereunto duly authorized (hereinafter
called "Agency"), as Third Party.
WITNESSETH:
R E C I T A L S:
WHEREAS, Santa Fe owns and operates a line of railroad through the
State of Texas, which line of railroad is now crossed by Baylor Street at
Lubbock, Texas, at grade at Plainview District Mile Post 673 + 0577.5 feet.
WHEREAS, the Agency has entered into a Neighborhood Development
Program Funding Agreement, further identified as Funding Agreement Number
TEX A-14(C) (LG) effective February 1, 1974, as amended the 21st day of
August, 1974, with the United States of America, providing for financial
aid to the Local Public Agency under Title 1 of the Housing Act of 1949 as
amended by all amendatory acts; and,
WHEREAS, in exercising the powers conferred upon it under Article
1269L-3, V.A.C.S., the Urban Renewal Law of the State of Texas, the Agency
intends to extend Cornell Street from North Avenue U to the bridge across
Avenue Q North Drive (U.S. 87) thus requiring a railway grade crossing at the
intersection of Cornell Street and Santa Fe right-of-way and the closing of
the Baylor Street grade crossing, and it will be necessary for Santa Fe to
remove, re-route, and/or change the grade and/or alter said existing facilities
as delineated on print A.G.M.-Engineering, Amarillo, Texas, dated January 8,
1975, hereto attached, marked Exhibit "A", and made a part hereof.
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1. Santa Fe, for and in consideration of the sum of One and No/100
Dollars ($1.00) cash to it paid by City, the receipt whereof is hereby
acknowledged, and.of the full and faithful performance by City of its covenants
hereinafter set forth, hereby licenses City to use a portion. of
Santa Fe's property situated at Lubbock, Lubbock County, Texas, for
the purpose of constructing, maintaining and using a public road and
drainage facilities for Cornell Street.
2. Santa Fe will, at Agency's expense, make adjustments to
railway communications lines at the grade crossing location.
3. Santa Fe will, at Agency's expense, remove the existing
crossing at Baylor.Street and install l - 56 ft. full depth timber
plank crossing at Cornell Street in the main track, provided that in
the event of discontinuance of use by Santa Fe of said track all obligations
assumed by it hereunder as to such track shall cease and be at an end.
4. Santa Fe will, at Agency's expense, relocate the existing
standard flashing light signals from Baylor Street to Cornell Street and
install crossing gates on the signals.
5. Santa Fe will, at its own expense, maintain.the full depth
timber crossing between the ends of its ties.
6. Santa Fe will, at its own expense, maintain the automatic
warning.devices. It shall be understood that Santa Fe shall be entitled
to receive any contribution toward the cost of such maintenance as may
be now, or hereafter made available by City by reason of any law, ordinance,
regulation, order, grant or by other means or sources.
7. Santa Fe agrees that it will fulfill its obligation of Section 3
clause of Title 24 - Housing and Urban Development, Part 135 - Employment
Opportunities for Businesses and Lower Income Persons in Connection with
Assisted Projects. Said Section 3 clause of title 24 is incorporated in and
made a part of this agreement by reference.
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ARTICLE II
In consideration of the aforesaid license, City covenants and
agrees to and with Santa Fe as follows:
1. City will use the licensed premises exclusively as a site
for a public road and drainage facilities.
2. City 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 Santa Fe in each instance.
3. City will deliver up to Santa Fe the premises, or any part
thereof, if at any time it shall cease to be used for the purpose
licensed.
k. That in case of eviction of,City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall
not be liable to City for any damage of any nature whatsoever.
5. That no legal right of Santa Fe to maintain, use and relocate
any railroad facilities,now located upon the licensed premises, or to
construct, maintain, use and relocate such track, or tracks, or other
railroad facilities as it may deisre upon or across the licensed premises
shall be in anywise affected by the giving of this license.
6. That if it shall become necessary in the future reconstruction
and/or maintenance of said public road and drainage facilities to make any
changes or alterations in Santa Fe's right of way fences, signal, power
and/or communications pole and wire lines, and/or other facilities located
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.upon the licensed premises, such changes or alterations, if agreeable
to Santa Fe, will be made by Santa Fe at City's expense, bill for the
cost of which City will promptly pay.
i
7. City will bear and pay the entire cost of maintaining
the public road and drainage facilities on the licensed premises (except
that portion to be maintained by Santa Fe as provided in Article I hereof)
in such manner as not to interfere with, hinder, or in any manner obstruct
or endanger the use by Santa Fe of its railroad and other Santa Fe property
adjacent thereto.
t
ARTICLE III
Agency joins in the execution hereof to evidence its agreement
to the provisions hereinafter contained:
1. Agency will prepare, or cause to have prepared, design,
detail plans and specifications for the construction of the grade crossing.
2. Agency will require that its Contractor do no work on Santa Fe's
property without.first contacting Santa Fe's superintendent at Amarillo,
Texas, and securing his approval of such work.
•
3. That if it is determined necessary, by Santa Fe during the
construction of said public road and drainage facilities, to provide flagmen
and inspectors to insure the safety of railroad operations, the cost of
providing such flagmen and inspectors will be borne by Agency.
4. That based upon the details of the reimbursable items
of work to be performed as shown on Exhibit "B" hereof, it is agreed
that payment shall be the actual and indirect cost; accumulated in
accordance with the Santa Fe's standard accounting practices,
incurred in removing, rerouting or changing the construction of any
Santa Fe owned facilities by reason of or in conjunction with the
exercise by the Agency of the power conferred upon it by the Urban
Renewal Law of the State of Texas, Article 1269L-3, V.A.C.S. in the
Projec::•.-Area, less the salvage value of the facilities so removed
by the Santa Fe hereunder; and that the total cost of all work performed
under this agreement shall not exceed the sum of twenty eight thousand
and no/100 dollars.
5. The Santa Fe's actual and related indirect costs
incurred in connection with this contract, less the salvage value of
the facilities removed by the Santa Fe, will be paid by the Agency upon
receipt of statements prepared in accordance with the Santa Fe's standard.
accounting practices. The Agency may subject any billing submitted to it
by the Santa Fe to audit and the Santa Fe shall permit the Agency to have
full access to its books and records at all reasonable times for this
purpose. Payment of costs incurred in connection with this contract is
subject to the following conditions:
1. Payment for relocation shall not be reduced because
of extended service life where facilities are
replaced with like service.
— 5 —
2. Credit will not be given for unexpired service life
of facilities removed.
3. When plant betterment is involved, payment will not
be based on -the difference between estimated cost of
replacement in kind and actual cost, but will be based
on a percentage of total cost to be determined by the
ratio of required capacity to installed capacity.
Payment of any bill submitted by the Santa Fe to the Agency shall not,
however, be delayed unreasonably by the Agency in commencing or completing
any such audit.
6. That the contract or contracts to be let by Agency for the
construction of the Cornell Street extension for which the grade crossing
hereunder is made necessary, being construction work other than that which
Santa Fe is to do and perform hereunder, shall provide:
A. Standard Manufacturer's and Contractor's Liability
Insurance. The Contractor shall furnish evidence to Santa Fe
that, with respect to the operations he performs, he carries
regular Contractor's Liability Insurance providing for a
limit of not less than Five Hundred Thousand Dollars ($500,000.00).
for all damages arising out of bodily injuries to/or death of
one person, and subject to that limit for each person, a total
limit of One Million Dollars ($1,000,000.00) for all damages
arising out of bodily injuries to/or death of two or more persons
in any one accident, and Property Damage Liability Insurance
providing for a limit of not less than Five Hundred Thousand
Dollars ($500,000.00) for all damages arising out of injury to/or
destruction of property in any one accident and subject to that
limit per accident a total (or aggregate) limit of One Million
Dollars ($1,000,000.00) for all damages arising out of injury
to/or destruction of property during the policy period.
If any part of the work is sublet similar insurance shall
be provided by or in behalf of the subcontractors to cover their
operations.
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B. Contractor's Protective Liability Insurance. The
Contractor shall furnish evidence to Santa Fe that, with respect
to the operations performed for him by subcontractors, he carries
in his own behalf regular Contractors' Protective Liability
Insurance providing for a limit of not less than Five Hundred
Thousand Dollars ($500,000.00) for all damages arising out of
bodily injuries to/or death of one person, and subject to that
limit for each person, a total limit of One Million Dollars
($1,000,000.00) for all damages arising out of bodily injuries
to/or death of two or more persons in any one accident, and
Protective Property Damage Liability Insurance providing for a
limit of not less than Five Hundred Thousand Dollars ($500,000.00)
for all damages arising out of injury to/or destruction of property
in any one accident and subject to that limit per accident, a total
(or aggregate) limit of One Million Dollars ($1,000,000.00) for all
damages arising out of injury to/or destruction of property during
the policy period.-
C. Railroads' Protective Liability and Property Damage and
Physical Damage to Property Insurance. In addition to the above,
the Contractor shall have issued and furnished in favor of Santa Fe,
with respect to the operations he or any of his subcontractors
perform, a Standard Railroad Protective Liability Policy, with
coverage as outlined in General Casualty Bulletin No. 258, dated
July 9, 1958, issued by the State Board of Insurance of Texas,
providing for Bodily Injury Liability a limit of not less than
Five Hundred Thousand Dollars ($500,000.60) for each person and
One Million Dollars ($1,000,000.00) for each occurrence and for
Property Damage a limit of not less than Five Hundred Thousand
Dollars ($500,000.00) for each occurrence and One Million Dollars
($1,000,000.00) aggregate during the policy period.
ARTICLE IV
It is mutually agreed between the parties hereto:
1. That the license given herein is subject to all existing contracts,
agreements and/or easements covering roads, public or private, wire lines and .
appurtenances, pipe lines, sewer lines'or other facilities now located on the
licensed premises.
2. That no covenant of warranty, expressed or implied, shall
be construed from the use of any word or words contained herein.
3. That the license and permission given herein shall be
effective from its date and thereafter until terminated by either party
giving to the other eighteen months (18) written notice of its desire
to terminate the same.
i
IN TESTIMONY WHEREOF, the parties have executed this agreement
in triplicate as of the day and year first above written.
k
THE ATCHISON, TOPEKA AND CITY OF
SANTA FE RA AY C Y LUBBOCK, TEXAS
By: s 'By.
& I f1tc.
'
Its Assistant to General Manager Its yor
APPROVED AS TO FORM:
�t.\{:ATTEST: / City Attorney'
' � ',�' 1 i%%,/ //;• i /7
`1
ice. ,
i l -/ 1
'Assistant Secretary
THE URBAN RENEWAL AGEN F
THE CI LUBBOC T
irmaj/6p Board
ATTEST:
Secretary
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