HomeMy WebLinkAboutOrdinance - 1385-1953 - Providing For Installation Highway-Railroad Grade Crossing Of HWY 62 - 05/04/1953os-01.4--l.9S3
13 Lubbock County ~'iMfCE_~~--~5 Control 130-5-20 U.S. 62
AN ORDINANCE PROVIDING FOR i'HE INSTJ~TION 1 OPERATION AND MAINTE-
NANCE OF A HIGHWAY-RAILROJ\D GRADE CROSSING PROTECTION DEVICE ON .
:'} )~ .... .. .. . . . ..... _ .. _ .......................... J:L• s !..JJl~gw.A:I .... Q.~. J!9 .~h .... ~.~~~.).·-· ............. -................... ___ ..... -....... .
WHERE SAID STREET CROSSES TBE LINE OF TBE ..... ...... ... . ............................... ···-········· ....... _ ....... _ '::'V r..{ I
~f hr.. .,.,.,. .. ; •
FORT WORTH AND DENVER RAILWAY COMPANY
iN --THE. c· tTY" 6if.· ·~:·:·:.:·::J.Yl3~9G_X.::· .~.·:·=.:: .. ~ :::::~::.::.=:~::~·~~~-=··:::.~::~··:·.·.::=~~·:::··;· .. ·'M:XAs; .... ·AmrfiUTHOrf: ..
!ZING THE MAYOR OF THE CITY TO EXE~ AND THE CITY SECRETARY TO
J\FFIX THE CORPORATE SEAL AND ATrEST THE SAME 1 A CERTAIN CONTRACT
Bm'WEEN THE CITY, THE STATE OF TEXt~ AND THE RAILROAD COMPliNY FOR
THE INSTALLATION, CONSTRUCTION, EXISTENCE AND THE USE OF SIUD PRO~
r2J c, 'r
4"'r
.;--4 -~3. TECTION DEVICE PROJECT.; FOR THE Pf.n-tENT, BY THE STATE OF TEX/i51 .4tro CI~ OF
THE CONSTRUCTION COSTS OF SAID PROTECTION DEVICE PROJECT; FOR THE
INDF.l-iNIFICATION OF THE STATE BY TBE CITY AGAINST ANY AND !U DJ.Jc!t..GES
TO l\DJOINlliG, ABUTTING 1\ND Ol'HER PROPERTY BY REASON OF THE INST.'lli\-
TION OF SAID l?ROTECTION DEVICE PROJECT; FOR THE PROTECTION OF THE
STi.TE OF TEXAS AGAINSl' ALL SUCH DAW.GES A.ml EXPENSES IN CONNECTION
WITH A CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY liND PROVID-
ING THAT TliiS ORDINl\NCE SHlu.L BE EFFECTIVE FROM MID l'..FTER ITS
P.ASSAGE.
WHEREAS, the public convenience, safety and necessity ot the City, and
tbe people of the City require that the protection device project be instnlled
where ......... _.... .................... .......... ... .. ... .. .............. _ ... J J.. ... § .. ~ ..... :R.t.gh.~.~~ .. Ji-~ ... J!.9..~.h .. J?..t;-~~ .. ~1. ........................ -. ·-.... -........ -................ _ .. .
crosses the tro.ck of the······---_ ..... J.'P..r..~ ... W.9..r..~lL~~ ... P.~.~Y~t ..... ~!l~~.Y. .. C..QF.'!.P~J. ..... I!t .. ~~.l~ ... Jil;~ ... . . . . . .. .. . ........... -~.~-a.~ .... st~.u.~~ .. 9.5.~.;~}3..9. ... 1:>~~~~~~ .. AY~.~~~u ... ~9-... ~!... .......... __ ................................................... ..
1~-.. the··-c"it:ii .. ~f::.· ·:~=:::·~:~:=:~.:.ii~~9si :~==~=::.~.::.:.:::· .. ·.:~:~:.::::=:=~~: .... :::::::.·; .... i'ems·;--ainc·e· ·t:lle .... existing ........ .
railroad grade crossing constitutes a danger and serious inconvenience to the public
which ie urgently required to be rec.edied o.nd the only practical remedy is thc.t of
installing a b!ghway-ro.ilroad grade crossing protection device; and
'· WHEREAS, the City has requested the State of Texas to contribute fi-
noncinl aid in the installQtion of the protection device project; and
WHEREAS, the State of Tc:xna has mn.de it known to the City tlmt it will
assist t~~ City in the instnllntion of the protection device project by furnishing part of
the necessary funds for tbe actual construction and by supervising const ruction,
providing the City approves the plnne for said protection device; and
WBER~, the City in consideration of the providing of eaid protec-
tion device project, agrees to inder:mify the Stnte of Tex.a.s frotl any and all
liability cmd nny and all damo.ges to adjoining Wld abutting property or other prop-
party co.used by the installation, the construction, the existence and the use of
the protection device project oz: by the pasae.ge o.nd enforceoent of this ordinance.
Ordinance (Protection Device) . r
1 8-50-2255
D-5 Rev.
I NOW...t THEREJ!'ORE 1 BE IT ORD!\INED BY THE CITY COUNCIL
OF 'J.'HE CITY OF . LUl3BOCX 1 TEXAS.
Section 1. That since the public convenience 1 safety and neceesi ty
of the City and the people of the City require it, a highway·rail.road grade
croesillB protection c!evice project shall be installed where .... JJ.:.~ .. · .... ~_g~~~1 .. .9.? .......... .
crosses the track of the ................. .F.or.t ... W.o.r..~P ... ~.O.. .. P.!!!P..Y.~.r. ... ~~J~~.Y. ... QQ~~ ................................. . in~t::~&fti~-~-~--~J~.;y:-~-~---~-~-~-~-~9-~---·~!?.~.~f..J.~ ... ~~-t.~~-~~--~!~.~~fl.~ ... !. .... ~~-.. ~-................................................ .
Section 2. That the State of Texae be and i s hereby authorized ae
asenta of the City, to construct or to he.ve constructed the protection device
project at the location and in the manner as shown on the s ketch attached hereto
and marked Exhibit"A" and 'made a part hereof in all respects and approved·
chanees thereof.
Section 3. That the R&il.roe.d Company shall maintain said protection
device project.
Section 4. That nothing in this ordinance shall be construed t o r9-
quire the State of Texas to assume or p&y any direct, incidental or consequential
damages to adJoining_, abutting or other property caused by, incidental to, or in
any way connected with the passage and enforcement cf this ordinance or by reason
of the installation, the construction, the use or tbs exietaoce of the protection
device project authorized herein, or to defend aey suit or suite brought aga.inst
the State of TeJCaB by aey party or parties for the recovery of any such damages •
Section 5. Tho.t for and in considare.tion of the mtual covenants
herein contained, the City doee hereby e.sree to ind.emn1fy the state of Texas
against any and all damgee and claims for damages to adjoining, abuttins, or
other property 1 if any there be, arisins out of, incident to, or in any way_
comectsd with the installation, the construction, the use or the existence of
said protection device project, and does hereby aeree to indemnify the State of
Texas asainat any and all court costs, attorneys' fees , and all expenses in
connection With such suite for such damages and shall, if requested to do eo in
writing1 assist or relleve the State of Texas frCZll dafending any such suits brout3ht
against it •
Section 6. ~t nothina in the asreemsnt shall b~ construed to place
any liability on the City for personal inJuries arising out of the conetruction1
the installation1 the use or the existence of said protection devica project.
Section 7. That the Mayor of the City be and ia hereby authorized
to oxecuto for o.nd on behalf of the City an aereemant and contract with the state
of Texas and eaid Je.ilroad Cot!i)any in accordance with and for the purpoae of
carrying out the terms and provisions of this ordimnce in the fprm attach~d here.
to and marked Exhibit "C". 'lhe City Secretary is hereby directed to attest the
agreement and contract and to affix the proper seal of the City thereto.
/
Ordinance (Protection Device)
2 8-50-2255
D-5
..
Section 8 •. 'lhat the Jeyor of the City 1 havins requested in wr1 tina
that this ordinance taka effect forthwith and there beins in tact an emergency
and 1.Jri>erati va publlc necessity that the work herein proVided for be begun a.nd
carried out pra:upt~ and with expedition, and that the contract aforesaid shall
be ililnediately made, executed and dell vered to the end that euah work here in
proVided far my be besun and cal"l:'ied out promptly and With expedition. The
read.ins of the ord.inaooe on three several d&7B is hereby dispensed with and the
same shall be in fUll fo:roe and effect fJ'Oll1 and after 1 ts pasee,se •
' Section 9. That the City shall reimburse the Railroad Company for ten
percent (1~) of the tot~ coat of the project plue the actual coste that were
incurred in connection with the installation. prior to approval of the plans and
specification of the project by the U.S. ~ureau of Public Roads.
On motion of ~ommissioner ~~~------' seconded by Commissioner ~~~---the foregoing Ordinance was approved and passed on this the 4th day of' May,
1953, bv the following vote:
Commissioners vot ing"YEA.': Carpenter, Davis and Mavor Tripp
Commissioners voting"NAY": NONE .
STATE OF 'l!EXAS I
COUNTY OF . I
I, ...................................... Laveni.a ... t.o.w.e ........................................ , the duly appointed
qualified and aoting City Secretary of the City of ........ b~J?.2.~.~ .................................................... ,
Texas hereby certified that the foregoing pages constitute a true and cor:rect copy
o~~~~--1.-~~~~~---~~-~ .. ~~-~~~-~ !~:~e 1;~~~ ;~~~\\ ~q .. ~ -~~~~-~---~-~~~--~~ 'cioc!C·;··~:~~:::::: .. M ~
To certify which_, Witness my hand and seal of the City of .. L~:b.]:l.9..<?.K ........... .
Texae1 thie due .:4~P. ......... ~Y of ... ~i-~.Y. ... , 19.?.~, in the City of _ ........ ~':l::9.'i?.Q9~ .. ....... .. ...... ..
. ........... ............ ~~:b.P.<?P.~ ......................................... 1 Texas.
Ordinance (Proteotion Device)
~ ..
. ............... ~~:P.);l_q~~ ....................... County
8-50-2255
D-5 Rev.
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Lubbock Ccnm\7
Coatnl l'o-.S-20
N-44)(21)
U.S. Bt.va, 62
THIS AGR~, made this .................................... day of ....................................................... , 19 ......... ,
by and between the State of Tf>.xss, hereinafter referred to as the "Staten 1 Party
of the :t'irst Part; and the ....... Jion .. Wo~ . .u4 .. DeDu .. .BaUw.,-... O.QQ.UI. ......................................... ..
••• ••• ••••••••••••••••• ··················································-··········································································· •••••••••••••••• u ................................ ················-····
•••••••••·•••••••••••H•••••••o••.o••o•••••ou oouooooo•o•••••••••••••••••••••u•••••••••••••••oo06•••••••••o•••••oho••••"'"'•••••••••o•••••••,.•••o•••••'••••''''',._.'•••••ooouoooooo••••"oo••••••••••u ••••••••••·••••••••noo
a corporation herein.after, whether one or more, called the "Railroad Company",
Party of the Second Part , acting by and through ............... .' ............................................................................... .,
1 ts .................................................................................................................... ., under and by virtue of authority
show in Exhibit 11D" 1 attached hereto and made a part hereof; and the City of ............. .
.......... J,u.bbM11 .................................. , .Jalabook .................................. County1 Texas, act~ by and through
its duly 'tlthorized officers under an ordinance passed the ........ ~ ......................................... day
of ....................... 1~ .................................. , 19~3.~ hereinafter referred to as the "Cit y", Party
of the Third Patt:
W I T N E S S E T H: ----------
WHEREAS, the City has authorized the construction of a ·high~y-railroad
grade crossing protection device project by ordinance passed on the ................................. day
of ................................................................... ,. 19 ...... , on ... u .. a •.. JI1aDaJ. .. .62 ... (19 ... ,h .l•r.ut.1 .................................. ..
1n the City; and
WHEREAS, the City has requested the State to contribute financial aid in
the installation of said highway-railroad grade crossing protection device project;
and
'WHEREAS, the State has made it known to the City that it will assist the
City in the construction of the highway-railroad grade crossing protection device
project by preParing plans, avarding construction contract and superVising con-
struction, providing the City approves 'the plans and specitications of same, and
-"", during and after construction by the State, the City will indemnify the State against
any and all damages and claims for damages to adjoining, abutting or other property
occasioned by or resulting from the installation, construction, existence and use of
said signal protection device project and the passage and enforcement of the ordi-
nance hereinabove referred to.
A G R E EM EN T: ---------
NOW, THEREFORE, in consideration of the premises and of the mutual cov-
enants and agreements of the parties hereto to be by them respect! vely kept and
performed, as hereinafter set forth, it is agreed as follows:
1. It i s understood and agreed between the parties hereto that the City
by virtue of the provisions of its charter and the laws of the State of Texas, has
exclusive control of and Jurisdiction of all streets and public ways within the
incorporated limits of said City, and that the City has requested and has consented
to the construction of the protection device project hereinabove named, and the
State, in the construction of the above named protection device project, does
Indemnification (Protection Device)
...
1 8-50-2254
D-5
0
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so e.t the special instance and request of the City. The locations and manner of
the installation being shown on the sketch attached hereto marked Exhibit 11A11 and
made a part hereof and approved c~es thereof. The State Highway Department of
the State of Texas acts as the agent of the City in the construction of the pro-
tection device project thereof.
2. The City, does hereby agree to and does hereby authorize the State to
construct, or to have constructed, the highway-railroad grade crossing protection
device project at the location and in the manner as shown on the sketch attached
heret o and marked Exhibit "A11 and made a. part hereof and approved changes thereof.
3. The State agrees to prepare or provide plans and specifications and
supervise construction thereof and to pay the cost of the actual construction there-
of, in accordance with Exhibit "B" and approved changes thereof •
. 4. The Railroad Co~any agrees to maintain said protection device project.
, 5. The City agrees to indemnify the State against any and all damages and
claims for damage to adjoining, abutting or other property for which the State is or
may be liable arising out of, incident to or in any way connected with the installa-
tion, the construction, the existence or the u~e of such protection device project,
and does hereby agree to indemnify the State against c::ny and all court costs,
attorneys' fees and all eJqJenses in connection with suits for such da.mB.ge and shall,
if requested to do so in writing, assist or relieve the State from defending any such
suits brought against it.
6. Nothing in the agreement shall be construed to place any liability on
the City for personal injuries arising out of the construction, the installation, the
use or the existence of said protection device project.
'• ... ft" ••• to .......... .. U... C.PI., ., , ..... w ... , Ill.... ,..,. to .. --~ .........
~ ..... -ll&t •~. • ... , ..., ., • .w • .-w '"••• "* Gta• .-•• 8d1IIMt4 c.... fta Ill)' dao .,.... to • .., .. "-laUftd C..
..., t• tile eo •••• w21t ... lllcuRCl ta ...... ,. wt.tb W• ._.,_ 4ftloe aa.wlA•sa .,_ to • p1a8 ...a ttJ)IOlltcdt .. fd tbt• ~ " ta. o. •· _,..,_oiMlleRN•
a. ,, ......... ".u. ,... .. Mnte lbat ·-boe4 "•par ,. -· ~ to ...... -ol , .. &tetaat. ................. ., tilt•,..,....
~ . t. m. ottr dU .. ~ ._ a.s.~...a tw ,,_ o1 ...-.. ...Su.,. IMtaM4 Ia ,,..,.., \hel'ft.t.e• a~ .su w. ..... p1aa
eM ttbhb ... •• -lllU• ,. -1M tata ,.,_ ..,_ of Jb:M.'lt • •
Indemnification (Protection Device) 2 8-50-2254
D-5
~~ IN TESTIMONY WHEREOF, the P.arties heretQ have caused these presents
to be executed in triplicate on the day above stated.
J101e WoaD AID ...
WLVAT OCIIPAn
By:
(Title}
MT.EST:
Secretary for Railroad Company
RECOMMENDED:
'General Manager ~or ~ailroad Company
Chief Engineer ~or Railroad Company
APPROVED AS TO FORM:
Attorneys ~or Railroad Company
Indemnification
THE STATE OF TEXAS:
Certi~ied as be~ng executed for
the purpose and effect o~ acti-
vating and/or carrying out the
orders, established policies, or
work programs hereto~ore approved
and authorized by the State High-
way Commission:
B :
Chie~ Engineer of Planning
RECOMMENDTiiD FOR APPROV .AL:
Bridge Engineer
APPROVED AS TO FORM:
Assistant Attorney General
CITY OF
D
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STATE OF TEXAS
COUNTY OF TRAVIS
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Lv.lt'book CoatF
O.tl'Ol l)G-5-20
fo-164)(21) v.s. ~ 62
THIS AGREEMENT, made this ---day of --, 19 -J
by and between ·the State .of Texas, hereinafter called the ''State,'' Party of the ·
First Part, and_ Mae ftn Yo$ M4 JWmtl' Rdl.wal' "'"QQiNNF _......._._._
a corporation hereinafter, vhether one or more I called the "Railroad Company,"
Party of the Second Part, acting by and tb:rough . ··--------··-,
its _ 1 under and by virtue of authority shown !.n
Exhibit ''D'' atte.ched hereto and made a pa.rt hereof •
. W I TN ESSE T B : -----~-..,_.-.......
·-~U .... ..._.t..,.[!IIJ 62----------·-··-· crosses the line of
the Railroad Company at . _ La. a•Uoa 6j11~JO (Mala ltlM) oa 19th ,, .. ,,
WwtM Ann•• I W I la IA))Hlr;, LUlloM
County, Texas, and the State proposes to install highway-railroad grade crossing
protection device of the type and at the crossing as shown on print lllB.rked "Exhibit
A,'' attached hereto and made a part hereof.
AGREEMENT __ ...,... ___ ,... __
NOW, THEREFORE, in considere.tion of the premises and of the mutual cove-
nants and agreements of the parties hereto to be by them respectively kept and per-
formed, aa hereinafter set forth, it is agreed as follows:·
1. The Railroad Company hereby grants to the State license and -per•
mission to install the highway-railroad grade crossing protection device and to use
the crossing across its property at the intersection of the railroad and highway as
shown on Exhibit "A."
2 • The Railroad Company and the State agree Jointly to prepare plans and 1
estimates based upon specifica-tions approved by the Chief Engineer of the Railroad
Company and the State Highway Engineer for the proposed highway-railroad grade
crossing protection device and1 after having been approved in wi tine; by the Chief
Engineer of the Railroad Company· and the State Hi~hway Engineer, said, plans1 specip
ficationsl and estimates are he~eby .adopted as plans, specifications, and estimates
covering the installation cf said protection device and when so approved shall be
attached hereto marked "Exh1bi t B" and made a :part hereof. No changes in these
plans, specifications and estimates a:-e to be mtlde witbo·~t written approve! of
such changes by the Chief Engineer of the Railroad Company and the Stat~ liighwa.y
Engine€r.
L-;.., .... ;-;,-~ ;~-~~ T ·"r -~o ~~ -.. Lt.--.: l ,..~~ ~ · ti._.. o::·:r:-.: .Jf.,~ !. :'.! ' .~ r ._""'.,.
-. -·-.. ·--·--Protection Device 1
8-46-2£78
D-5
3. REIMBURSEMENT
A. Where the Railroad Company or a utility company is not obligated to move or to
change its facilities at its own expense, reimburs~ent will be made for the costs
without surcharge, except as hereir~fter provided, of labor, materials, equipment
and other services incurred by the Railroad Company or by a utility company in maki
or !ncident to making changes to its properties which are required in connection
with the construction of the highway project.
B. Where the facility required to be changed or relocated is jointly owned by two
or more companies, the materials and supplies furnished and billed and the material
replaced and retired and credited sh~l be furnished and billed and credited by one
of the owning companies .
C. Where the ownership of one of the two or more integral parts of a jointly used
facility, such as a transfer track, is different than the ownership of the other
integral parts, the costa incurred, a3 provided herein, in m&king and incident to
making the required changes to the joint facility as an entity may be included for
reimbursement. Reimbursement, however, shall not be made for the cost of the ma-
terials incorporated in an addition to one inte~7al part which is fully compensated
wi'ttiin the entity of the joint facility by an equal reduction in length or size of
another integral part of the joint facility.
D. Wnere an addition to an existing facility is required, such as an incresse in
the length of a track or the increase in the length of a relocated pole line, the
actual costa of tlw items of' materio.la in the addition may be included for reimburs
ment to the extent the materials in the addition are not superior to the materials
in the facility to which the addition is extended. The cost of any improvement in
t~~e or size which is required in connection with the construction of the project
may be included for reimbursement.
E. Where a grade crossing protective device of an approved type is in place at the
site of the abandon~d grade crossing, which by agreement with the State the Railroe
Company is obligated to r~install at another highway -railroad grade crossing, the
cost of the removal of the protective device from the &bando~d grade crossing may
be included for rdmbursement. Except for such changes as are determined to be es·
sential to the normal operation of the railroad, the cost of any adjustment to the
Railroad Company's track structure or to its other facilities which the Railroad
Company may elect to make incident to the removal of the protective device shall be
borne by the Railroad Company.
F. The cost of the required relocation of buildings and other structures of the
Railroad Company or of a utility company is re:ilnbursable. Where it is determined
to be impracticable to move a building or another structure aa a unit intact, the
relocation may be effected by dismantling the building or structure at its original
site and reassembling or reconstructing it at the new location. The reimbursable
eosts of relocation may include those of new foundations of a type equal to those
formerly in place at the original site and of the adjustment of utilities without
betterment. The costs of the items of material used in the reassembling or recon-
struction of bui·ldings and other structures in new locations which ~e required to
replace items of like materials deteriorated in place below a condition suitable fc
reuse shall be borne by the Railro~d Company or by the utility company. Except to
10-50-2865
D-5
the cxt~nt an improvement to a relocated building or structure is determined to be
r~quired in connection vith the construction of the project, the ~ntire cost of a~
improvement in the relocated building or structure in type, size or in i11Corporater
ma~erials shall be borne by the Railroad Company or by the ut ility company.
G. When a building or other structure is required to remain in place and in ser-
vice until the building or structure which replaces it in new location is in ser-
vice, or when the bui lding or other structure which is required to be r el ocated
cannot either be moved as a unit intact or it is determined to be impracticabl e to
effect the relocation by dismantling the existing building or other structure at
its original site and by reconstructing it at the new location for reasons other
than that of the condition of deterioration of. t he incorporated materials in place
the credi t to be given to tl~ cost of the project shall be the values of the ma-
terials as recovered from the building or other structure when removed as appraise'
end recorded by representatives of the State and of the Railroad Company or of the
utility company. In no event shall the reimbursable cost of salvaging materials ·
from the ret ired building or other structure when removed exceed the appr~is~d
values of the meterials as recovered. Except 'tO t he extent an il:Iprovement in a ne·
building or other struct ure which is constructed to replace a retired building or
other structure is determined to be required in connec~ion with the construction o:
the proJect, the entire cost of er~ improvement in the type or size, or in the in-
corporated materials over the type, size or incorporated materials of the retired
building or other structure shall be borne by the Railroad Company or by the utili·
company.
4. CONSTRUCTIOrl
A. The Railroad Company shall commence the work to be done by it hereunder within
two weeks after receipt of written notice from the State that the work may proceed
and shall proceed diligently to the conclusion of its obligations herein. Reimburr
ment will not be lllade for work undertaken by the Ra1lro&d Company which is perform.
at the site of the project prior to the issuance of such work order by the State.
This does not apply to the assembly at the railroad stores or loading points of ma ·
terials vrcich might be used on the project. Such asseml)ly tliAY be undertaken suffi
ciently in advance to assure prompt delivery but reimburseuent for any materials o
handling chargee will be contingent upon the issuance of a work order by the State
to the Railroad Company. ·
B. Except for t he construction of t he highway-railroad grade separation structure
or where i t is othe~rise agreed to by the State, all required changes to the prop-
erties of the Railroad Company or of a utility compar~ and all work i~cident to su
changes shall be performed lly the Railroad Com.paey or the ut ility company With its
own forces.
c. No reimbursement Will be made for the cost of any change in any property of th
Rail road Company or of a utility company in addit ion to t hose shown on the plans f
t he const ruction of the project which is made for the benefit or convenience of t h
contractor.
D. In the event it is determined that a change from the statement of work contaiL
in the agreemenc is required, it shall be authorized only by a written change or
extra work order issued by the State prior -to the performance of the work involveQ
\.. ~ in the change.
"--10-50-2865
D-5
5 • LABOR COSTS
A. The actual salaries, woges and expenses paid by the Railroad Conpany or by a
utility coL~any to individuals dUring tbe periods of tine they ~e directly enga-
ged in t~akiog and incident to t10king the changes to its fc.cil1ties and properties
which are required in connection with the construction of the highvc.y project wil.
be subject to reicburseoent. This slmll include individuc.ls who are engaged in t
direct and inmedic.te supervision of the work at the site of the project and those
who are directly engaged in essential engineering nt the site of the project and
in the actual preparation of the plans and estiontes of the work .in connection
with the changes required by the construction of the project. In no event will
the cost of the preparation of "as constructed" plane for record only by the Rail
roc.d Coopnny or by a utility coopany be reit!bursed . The salaries and expenses
paid to individuals within the structure of the overhead orgc.nization of the Rc.il
roc.d Coopnny or of n utility coo:pc.ny who ere directly engaged at the project site
I!lllY be reimbursed only where n reasonable showing is onde that the work perforoed
by such individ~ls was essentic.l to the prosecution of the construction of the
proj~ct and could not have been c.cconplished as econooically by eoployees outside
of the structure of the overhead organization of the Railroad Company or of the
utility company. The costs of pr&liDinc.ry engineering which c.re incurred prior t
th~ date on which the prograo which includes the project is approved will not be
reinbursed with F~derc.l funds. !tens of prelioinc.ry engineering cost ruled to be
ineligible for reiobursecent with Federal funds because it vns incurred prior to
date of progrntl c.pprovcl1 will be reimbursed with State funds if incurred after
the State's request for plan preparation. ·
B. Rei'mbursable labor coste shall include retroactive. pay c.djuetlJlents which are
included in c. claim submitted by the Railroad Company prior to the final payment
of the force account bill by the Bureau of Public Ronde.
C. The amounts of the actual salaric:s and wages paid by the Railroad Company
or by a utility company to employees who are directly engaged in the preparation
of the billings of costs to the State and to employees who are directly engaged
in essential accounting at the site of the project will be subject to reimburse-
ment.
D.· Vacation pay or allowance which accrues to the credit of certain employees is
reimbursable to the extent it is determined to be the perquisite of the employee
and the clear obligation of the Railroad Company or of the utility company.
E. ·Vacation pay or allowances for Railroad Company employees and for Western
Union Telegraph Company employees is subject to r e ilJlbursecent under the following
terms c.nd conditione:
(1) Vacation pay or allowances earned by all classes of railroad employees
will be subject to reimbursement at the rot~ of three percent {3~) of
the vnges earned ot basic rc.tes of pay.
(2) Vacc.tion allowances and holiday excused time e3rned by Western Union
Telegraph Compc.ny employees will be subject to reimbursement at the
rate of six and thirty-nine hundredths percent (6.39~) of the total
salc.ries, voges and taxnble subsistence earned.
4 10-50-286~ R
D-5
F. ~1ere the Railroad Cow.paP~ oro utility company sponsors employees' benefits
such o.s added retirement compensation, hospitalizo.tion, 1:4nd others similar, which
can be det ermined to be the perquisite of the employee and the obligation of the
employing compa~, reimbursement tlrerefor will be limited to the experience rate
which is developed by dividing the actual cost of the sponsored benefit to the
employing company by the total amoUllts paid to tbe benefited employees earned at
bnsic rntes of pcy, to include vacation allowances, both over the s~nc completed
:period of not less than one year and as ncnrly next preceding the period in which
the ro.tea are billed as is practicable •. For the W~stern Union Telegraph Company
reinhuraement will be r:pnde nt the approved rate of eight and fifteen hu.Tldredths
per~ent (8.15~) of total sclaries, wages and taxable subsistence, including voca-
tion allowance and holiday excused time for added pensions, death benefits, sick·
ness benefits nod other benefits.
G. Unless it has been the policy of the R~ilroad Company or the utility compcny tc
carry insurance regularly with an insurance compc~ on its own construction c_~d
maiuteno.nce projects and opera·tions, insurance preoiums paid to an insurance com-
paP~ by the Ro.ilroad Coopany or by the utility cO'l!lpany for protection incident to
the employnent of labor engaged in making changGs required in connection with the
construction of any project will not be reimbursed except where the approval of
the Stat e for reimbursement of such protection is given prior to the date on which
the fcrces of the Railroad Company or the utility company begi~ work on the project
rr. Where a Railroad Compnny or a utility company is a self-insurer and hna devel-
oped experienc~ rates from actual coots, and the method of computation is determine
to be correct, reimbursement will be limited to the developed rates which are not i
excess of ·t.hose of a. regula.r insurance company for the clc.ascs of employment cover~
I. Where a etenm railroad which is a self-ins.urer has not developed acceptable ex·
pcricnce rates of self-insurance, reimbursement will be made c.t the Wliform rate ot
3 percent of the salari~s and wag~s paid to all. railroad employees engaged on
hitshwey projects as represe:nt.o.tivc of the costs of Horkmen's Compenso.tion Self-
Insurance.
J. Reimbursem~nt for the cost of workmen's componsa tion insur.'J.nce to e lcctric rai:
rocd con~o.nies, interurban railw~y companies, interurban street railwny companies,
street railwc.y comp:::mies, :t.nd utility compc.nies 1 except the Western. Union Telcgro.p.
Company, wrlich are self-insurers and which have not developed acceptable rates of
self-insurance will be limited to a rate which is not in excess of three and one-
half percent of the salaries end wages pc.id to employees. Rdmbursemc::nt for the
cost of workmen's c~pcnsation insur~nce to the Western Union Telegraph Comp~ny
will be limited to a rate of three percent of the salaries ~nd wo.gcs paid to
employe-::s.
K. Re imbursement for the costs of public liability and prop~rty damage insurance ·
a Railroc.d Company and to utility com;po.nies which are self-insurers and which have
not dovoloped c.cceptablo rc.tes of self-insurance will be limited to a rate which i
not in excess of one percent of the salaries end wages paid to employees.
L. Tr.e nL1ount of vacation pay or allowances which is poid by the Railroad Compo.ny
or by o. utility company or for which ~he Railroad Compc.ny or the utility company 1
obligated to pny, os outlined above, nay be included with the total of the salarie
~) and wages paid to employees to which the rates are applied in billing self-insuraol
,· J v
5
0
The amount of insurance premiums paid by the Railroad Company or by a utility
compe.~1y to a.n insurance company f'or workmen • s compcnso:~ion 1 public liability and
property dllli:Ulge: ins.urance is reimbursable to the extent it is determined tmt the
amolmts of the ~remiums ore the products of the proper rates applied to the amounts
of paid s::U.a.r1es c>.J1d wages cxclusi ve of v·::.ca.tion pa.y or allowe.nces.
1·!. The e.mounts paid by the Railroad Company for ~axes under the Carrier Tcxing Act
of 1937, a:nd t,he amounts paid by the Railroad Co~:tpa.ny and by utility compan5.es for
taxes for unemployment and for tnxes tor old age and other benefits ULder the pro~
visions of statutes will be eligible for reimbursement.
6. MATERIALS .AND SUPPLIES
A. Except for minor qu.o.ntities and Group No. 1 signa.l ma.terials as listed in Gen-
eral Administrative Memorcndum No. 37J all. items of materials and supplies which al
required in the work to be performed by the Re11roa.d Company or by a utility compar
in connection with the construction of a project, and which cn!lllot be furnished
from the Railroad Company or utility compuny stock sluill be purchased under campetj
~ive bids. This shall not be construed to prohibit the Railroad Company or a.
utility compeny from purchasing materials or supplies under existing continuing
contracts under which the 10\orest avr.!.ileble prices az·e developed, nor to require thE
Railroad Company or a utility company to change its existing standards for ite!llS
of materials which are used in the permanent changes to its facilities. Major
q~nntities of materials whic~ are not covered by existing contracts shall be pur··
chased as follows:
$100 and less: By personal contacts.
Over $100 end less than $1,000: By posting notices in public places ana
by means of circulcr letters to at lea~t three responsible and competent
individuals known or believed to be in a position to quote in accordance
with the requirements.
$1,000 end over: By the publication of advertisements or such alternate
method as may be approved by Stete.
Bids for Group No. 1 si gnal material listed in General Administrative Memorandum
No. 37 sr~ll be received in accordance with the provisions of Gener~l Administrati'
Memor~ndum ilo. 330.
B. Items of new m.o.tcrials and supplies sr..o.ll be billed ct actual costs to the Rai:
rood C~pany delivered to the point of entry on the Railroad Companyts lines ncare~
the source of procurement. Items of new materials and supplies shall be billed at
actual costs to a utility comp~~Y delivered to the point of normal storage or to t!
point where deli•.rery co.n be made with the greatest over-all economy to the cost o:f
the proJect. Averages oi' actual unit costs of items of materials and supplies fur·
nished from the Railroad Company stock or from utility company stock are rcimbursat
provided the method of computation of ·i:.he average unit cost is correct. The costs
of transportation over its own lines of materials and supplies furnish~d by the Rn:
road Company, hereincfter provided for, shall not be included in the computation o.
the prices of materials and supplies. The costs of handling at stores or at m~ter.
6 10-50-2865
D-5
·-
yards, hereinafter provided for, and the costs of purchasing and ~ny clm.rge f'or ge:.
cra.l overhead expense sl'!D.ll not be included in th.:; comput~tion of the pric..:es of ma
teri~ls or supplies which are furnished by the Railroad Company or by a utility cot
puny. A reasonable cost of plnnt inspection and testing moy be included in tl~ co:
of Illll.terials end supplies where such expense has been incurr~d. The computation o:
actual costs of materials and supplies s~~ll include the deduction of ~~l offered
di~countD, rebates and allowances. T!~ deduction of offered discounts sholl inclu.
the pro3ressive discounts which accrue to the benefit of the purchaser and nrc de-
termined by the volume of purchases within a period of ttme. When billings are m~
for the purchase of materials or supplic:s prior to tho end of the progressive dis-
count period, the rnte of discount d~termined in the period next preceding shall
apply.
C. Items of used materials and supplies furnished from the R:lilroad Company stock
or from utility company stock sha.ll be charged at the book volucs o1' the Rnilroa.d
Company or of the utility company where such bool~ values arc representative of the
reasonable value resident in the item of used material or supply.
D. When materials which rove been furnished by tt:a Railroad Compc.ny, or cy a
utility company a.nd used in tecpornry tracks, structt~es, forms, locations, pole
lines or pipe linus are released, the Rcilrond Compar~ or the utility comp~ sl~l
give credit for the appraised vnlues of tl~ items of mntcrials recovered which arc
accepted for return to their stock.· The nppraisQls of values shall be made andre
corded by the representatives of th~ Railroc.d Company or of the utility eompC\ny un
of the Sta.t0. There shall b e no prcd<:.-tcmined depreciation. When the i t eLl of m£l,t
ri~l 1s recovered in a condition and length suitnbl~ to be reused for the purpose
fO!' ·o~hich the m.c.terial was originQlly manufactured or processed, and which. is
accepted for return to the stock of the R~ilroad Company or of a u~ility company,
the appr:liaed vnlue of the item of material to be credited shall be the cost nt
which t~£ useable lengthG or unita were originally billed to the project less a
measure of depreciation or loss in service life of not to exceed the following:
(1) Twenty-five percent of ~he unit price originally billed for heavy tim-
bers such as cnps, stringers, bridge ties, switch ties, nnd crossties,
~~d for all other lumber except poles in (2) below.
{2) Fifteen percent of the cost originally billed for wood poles such
ns tel~graph, telephone or power line poles.
(3) Six percent of the unit price originally billed for steel girders
a.nd bec.ms, rail, switches, switch stcnds, frogs, a.ll rnil joints,
tic plates, other track fasteniugs (except track spikes), on~ sit~
ilar items of heavy i:::-on or st~el.
(4) The current cost of new insulation members of insulated track joints
and of other insulated !tens of truck rnnteriQl in audition to the
depreciction for metal p~ts provided f or above under (3).
(5} Twenty-five percent of the price originally billed for track spikes.
7 10-50-2865
D-5
,'
(6) Fiftc~n percent of the unit price originnlly billed for electriccl
items and appurtenanc~s of ~ mcchaniccl t~~e such as relays, tr~~s
fonaer.s, rectifiers, etc . ·
{7) Ten percent of the unit price originally billed for valves, metal
pipe a.nd o.ll pipe fittings.
(8) Ten percer-t of the unit price originally billed for all conductor
cable, o.erial or underground, vhich was nev when instellcd; and six
percent of the unit price.: origino.l.ly billed for all conductor cable
which was other than new when installed. Useable lengths or all
conductor cable will be determined by appropriate tests and in-
spections. The cost of such tests ~~d inspection~ are reicbursable.
(9) Ten percent of the unit prices originfllly billed for minor items of
pole line fittings such as crossarms, crossarm brackets, insulators,
insulator pin51 bolts, lag screws, guy rode, line wire, messenger
cable, cable clamps, etc.
E. Items of materials recovered from. temporary I.!Se in 6 condition an~ length suit~
able for reuse for the purpose for which originally manufactured or processed whicl.
are returned to the Railroed Company or utility co~nny stock shall not in any
event be appraised for credit at value which is less trAn fifty percent of the
current market price of similar items of new materials excc~t when such appraisal
exceeds the price at which en item was origino.lly billed to the project, in which
event the credit appraisal shall be at a unit price which is equal to thn.t c.t whid
the item waa originally billed to the project.
F ,, !teras of materials recovered from. tem.por!lry use in conditions or lengths un-
suited for the purpose for which originally manufactured or processed, which the
R~ilro~d or tho utility company accepts for return to its stock shall be credited
as appraised and recorded by represent~tivcs of the State o.nd of the Railro~d Com-
pany or of the utility company.
G. Items of r;~tcrio.ls recovered from temporary usc in conditions or lengths un-
suited for acceptance by the Railroo.d Company or by the utility company, which hll.w
been determined to have a sale value, shall be sold following an appropri~tc solic·
tation for bids to t he hig}:l.est bidder; c.nd the proceeds of the sale shell b~ credi·
to tb~ cost of the project. The sale sl~ be conducted by the Reilroad Company o:
by the utility coeyany. In no event shall the Railroad Company or the utility com-
pany be considered as an acceptable biddt::r for such materio.l.
R. Except for the cost of the clean-lip required to leave the site of the project
a nco.t and presentable.: condition, the rt:;imb'lJ,l"sablc costs of the removal, of the
transportation nnd of the handling of materials, following release from temporary
use, shall not exceed the vo.J.ue to be credited of the m~tcrials recovered.
I. Where the construction of a project :J.ecessitates a change. in type or loco.tion
a betterment in a f~cility of the Railroad Company or of a utility company, the Ra
road Company or the utility compo.ny shnll give credit for the items of material re
tired at the current price of similo.r items of new material except:
8 10-50-2865
D-5
(1) When a change in type or a change in type 'nth a ch_ange in length or
size of a facility of the Railroad Company or of a utility company
results in a reduction in tbe value of the facilty, the credit re~
quired for the parts retired shall not exceed the amounts charged
for all of the items of materials incorporated in the facility and
billed in making the change.
(2) ~Then a part retired in a required change in type or betterment is
replaced by a part which is charged at less than new value, the
credit to be given for the retired part shall bear the same rela-
tion to its current value new that the amount which is charged for
the part installed bears to its current value new.
(3) When as the result of a required change in telegraph, telephone,
signal, or power transmission pole line, wood poles are retired and
replaced with poles of either greater or lesser tengths, the poles
retired shall be credited at the current value of new poles equal
in length of the retired poles when originally installed and of the
type and class of the poles installed in making the change less
fifteen percent to compensate for the loss in service life occasioned
by the removal. In the event the total amount of the current value
new of all of the poles retired on a project less the consideration
for loss in service life exceeds the total amount billed for the
poles installed, the credit required for the poles retired shall
not exceed the total amount billed for the poles installed.
When as the result of a required ch.::mge to the Railroad Company's
tracks, ~ross ties or switch tics are retlrcd and replaced by other
cross ties or Slritch ties or by bridge tics, the credit required
for the cross ties or switch ties retired shall be at the current
pricos of' similar nc't.r cross tics or new switch ties less fifteen
percent to compensate ior the loss in service life occasioned by
the r~oval. In the event the total amount of the current value
new of all the cross tics nnd switch ties retired on a project
less the consideration for loss in aervice life exceeds the total
amount billed for the cross ties, switch ties and bridge ties in-
stalled, the credit required ·for the cross ties and switch ties
retired on a project shall not exceed the total amount billed for
the cross ties, switch tics and bri~e ties installed in replace-
ment of the tics retired. No consideration for loss in service
life in bridge tics retired shall be reimbursed • . •
-~T.hen the required relocation of a pole line is accomplished by
trenching over the poles, or when the required relocation of the
Railroad track is accomplished by skcletoni~ing and lining over
the track, ~o consideration for loss in service life of the poles
~renched or in the cross tics or switch tics in the track which
is skeletonized and lined over shall be reimbursed.
(4) When as the result of required change in type or relocation of a
facility of the Railroad Company or a utility company the cost of
the removal in serviceeble conditio~ of materials retired, such
as sewer pipe, water pipe and others, can reasonably be estimated
to exceed the new ve.J..ue of the materials to be removed, and the
retired facilities are left in place, no credit will be required.
9
10-50-2865
D-5
. .--·
(5) ·No credit shall be required for the reasonable lose of ~inor iteos
of poie line fi~;tings such as croseflnls, cross!l.m brackets, insulators,
insulator pins, bolts, l~g screws, guy rods, anchors, messenger cable,
cQble clamps, line wire other than copper line wire, etc. Items of
this clnss of cnterial which ere recovered in serviceable condition
shall be credited at current prices of s1m1lar itema of new material
unless they !l.re reused on the project without charge. Ooppar wire
which is recovered in a condition unsuited for reuse shall be
credited at the nurrent value of the scrap copper recovered.
(6) In changes to or relocations of tracks, no credit vill be required
for .bond vires other than those of cop~er which are retired or for
the reasonable loss of traclc spiltes. Track spikes which are re-
eovered in serviceable condition shall be credited at 75 percent
of the current ~rice of new track ~pikes of the same size and type
unless they are reused on the preject without charge. ('o~er bond
wires which are recovered in a condition unsuited for reuse shall
be credited at the current market value of the scrap co~per re-
covered,
(7) The credit to be given for retired conductor cable need not in-
clude the total length of the required terminal splices.
(8) N~ credit will be required for the materials 1~ masonry or coxcrete
foundations or footings which are retired and replaced by founda-
tions or foctings constructed in new locationo. The costs of sal-
vaging materials from masonry or cone rete foundations ("'r footings
which have been retired and removed will not be reimbursed.
(9) When a grade crossing protective deviae.of a type not approved for
reinstallation is retired and replaced by an approved type of gra~
crossing protective device, the credit to be given shall be at the
current costs of similar items of new materiale for those items of
materials, except as provided above under (5) and (6), which are
repla.eed 1n kind in the new installation; and at the appraised
value as recovered for the items of materials which are either
not replaced in kind or are replaced in function.
Non-insulated rail joints and other non-insulated items of track
material which are retired and reylaced by insulated rail joints
e.nd other insulated items cf track material. in connection vith
the installatian of a grade crossing protective device shall be
credited to the cost of the project at their appraised values as
recovered.
The appraiea.l.s of values shall be made and recorded by the repre·
sentatives of the Railroad Company and of the State.
(10) When a highway-railroad grade separation structure is retired Blld
not replaced or is retired and is replaced by a new structure
constructed in place or adjacent to its lo~ati~n, and the cost of
the removal of the existing structure is financed as a part of
this project, the a,ppraieed va.l.ues or the items or materials as
10
10-50-2665
D-5
·.
recovered which are not reused in the construction of the n~f
structure will be credited to the cost of the project, unless the
materials recovered from a highway overpass are accepted by the
State for future use on the State Highway System. The appra.iso.ls
of values of materials recovered from underpass structures will
be made by representa.ti ves oi' the State and of the Railroad Com ..
pany. Recovered materials which are not accepted by the Railroad
Company shall be sold by the Railroad Company following appropriate
solicitation for bids1 and the proceeds of the sale shall be credit-
ed to the cost of the project.
J. The actual and direct costs of handling and of loo.di.og out of materio.ls
o.nd supplies at and from the Railroad Company or a utility compony stores or
material yards and of unloading ond handling of recovered materials accept-
ed by the Railroad Company or by a. utility company at its stores or materio.l
yo.rds are reimbursable. A rate representative of all such actua.l handling,
loading and unloading costs which is not in excess of five percent of the
amounts billed for the materials and supplies which are issued from the Rail-
road Company or utility co~any stores and material yards will be reiinl:rurGcd.
The amounts credited for the value of recovered materials accepted at the
Railroad Company Ol· a utility com:po.ny stores or material yo.rds sho.ll not be
included in the amount to which the rate is applied for reUnbursement of the
costs of handling, loading and unloading of materi~ls and supplies at stores
and material yards. The costs of hor.dling material.s and supplies shall be
billed either at the ~ctual and direct costs incurred in handling, loading
and unloading of materials and supplies or at a ro.te representative of such
costs, ~s provided above. In no eve:1t will a combilllltion of a billing of a.c-
tual and direct costs and rate representative of actual and direct costs on
the project be reimbursed.
7. EQUIPZv'..EN'l'
A. The R~ilroad Company or a utility compo:cy shall make use of ita avnil-
able equipment without ~ charge for general. overhead expense.
B. The following unifo:n!l rates for reimbursement will govern for the use of
equipment of all railroad compenies.
1. Locomotives
Repairs
Operations
Wo.ter
Lubricants
Other Supplies
Engine-house expense
Fuel
Total operation
Depreciation
2. C~s--box, flc..t, balle.st, auto dump,
bunk, tool and others similar
11
Per 8-
Per Mile 1iour Da.y
$0.500 $24.00
0.063 3.025
0.016 0.789
0.009 0.461
0.247 11.836
0.699 ~3.5~8
$1.0~4 $49.649
$ 5.76
Repairs
Per Hour
Deprecintion
Per Day
$0.097 $0.24
10-50-286S R
D-5
,.-v :3. Cranes, wrecking, all sizes :5.04 3.28
4. Cranes, locomotives, all sizes 0.59 1.47
5. Pile drivers, self-propelled 1.07 2.58
6. Steam pile hammers, (separate
from driver or crane) 0.41 0.35
7. Excavating machines, gas or stee.m
(ditchers, shovels, draglines) 0.96 2.28
8. Tractors and attachments, all sizes 0.85 1.22
9. Portable generators, with tools 0.12 0.34
10. Compressors, air1 all sizes
with air tools 0.57 0.74
11. .Power tools, miscellaneous, (power
1.mit self-contained) 0.34 0.29
12. \>Telding machines, all sizes 0.12 0.46
13. Rail motor cars, with or without
trailers 0.07 0.18
14. Rail layers 0.20 0.96
15. Track shifters 0.55 1.00
C. The rates for locomotives are applicable to the use of all locomotives, steam,
diesel or electric. Mileage rates ar~ approved only for locomotives. The unit of
use of a locomotive is the mile in hauling and the hour or 8-hour day in working.
The use of other railroad equipment will be paid for only at the approved hourly an
daily rates. Reimbursement for depreciation will be allowed, if claimed, at the
approved dai~· rate for each day of use regardless of the actual hours a piece of
equipment is employed on a project, but not on any calendar day in which repairs tc
the unit ,of equipment are not paid.
D. The costs of fuel and lubricants for units of powered equipment, other than
those for locomotives, shall be billed direct as used on the project and the costs
of salaries and wages of enginemen and of operators of other equipment shall be
billed separately
E. The Railroad Company shall not bill at commuted rates for equipment other
than those units shown in the above list. 'r.'bere such other equipment is used on
the project, the Railroad Company shall use rates established above for equipment
most nearly conforming to the equipment used. If the equipment actually used is
not comparable with any of the equipment listed, the Railroad Company shall omit
all charges other than those for fuel and lubricants.
F. The above hourly rates for repairs were determined to provide for the reimburse·
ment of the use of equipment either in transit to or from a project or actual use
on a project of less than or in excess of eight hours in one calendar day. Camp
cars standing near or at a project site incur little or no need for repairs, and
eight hours is the maximum which will be paid during any one calendar day. Payment
will be made for repairs to camp cars for the actual hours they are in transit.
Except where camp care are in transit over eight hours in one calendar day, payment
for repairs in excess of eight hours will not be made for the combination of time
in transit added to time standing at or near the project site in one calendar day.
Where the time in tra.nsi t is over eight hours on the calendar day the Cal:Ip car also
stands at or near the project site, repairs will be paid for only the time in
transit.
12 10-50-2865 R
D-5
0
(l) On other units of railroad equipment, reimbursement for repairs will
be limited to the actual hours of use and not for the time such equip-
ment is tied up and not in use, either at. the project sl te or elselfhere .•
The use of rail motor cars shall conform to the hours of employment of
the ga.ng on the project. If the ga.n.g does not vork on Sundays or holidays,
neither depreciation nor repairs of the rail motor cars will be paid for
hours not in use on those days. Repairs ·co and depreciation of un1.ts of
equipment ·vh:!.ch move on their own lolheels coupled in either revenue train
or work tl~a.in for the time in transit to a ·project and from a project,
when such lat·ter znove is not destined to another activity as outlined
under Section S.I of this agreement, are reimbursable. Since a. unit of
equipznent ,.,hich cannot be moved on its own vheele coupled in trains is
not in actual use vhen loaded in or on a car, no claim for repairs or for
depreciation ~~ll be allowed during the period such equipment is in transit.
G. Where the unit of use of automotive equipment which uses the highway is the
mile, a rate of five cents may be billed in lieu of all costs of operation, in-
cluding depreciation and maintenance, for each mile recorded to have been used
directly in essential work in connection wlth the project.
H. Reimoursement for the use of small tools on the project will be limited to
reasonable loss or damage during the perLod of use, when such loss or damage is
not due to negligence. Claims for such loss or damage should be billed in detail.
I. Where the Railroad Company or a utility company does not ovn available equip-
ment of the kind or type required, reimbursement l·rilJ. be limited to the amount of
rental paid to the lowest bidder following an appropriate solicitation for quota-
tions from ovme~s of the required kind or type of equ1pment.
J, Where the .Railroad Company does not own available equipment of the required
kind or type and it is rented from another railroad company, reimbursement wi 11
be limited to the bare rates set up in the General Manaeers 1 agreements. When
eJ.-ther the lessee m-the lees::>r is not a party to a General Manager's agreement,
re1mbursement w.:.ll be Unli ted to the bB!'e rates set up in the General Managers'
agreements wtu.cil a.L'e in effect in the district in which tbe rented equipment is
owned.
K. Where the Railroad Company uses the equipment of a '"holly···ovned affiliated
company, or lfhere the Railroad Company is the vholly-ovned e.ffiliate of the
company vhose equi~ent it uses, reimbursement will 'be limited to the payment of
the equipment O?erating costs, af the coats of light aod running repairs to the
equipment and of the costs of equipment depreciation as provided above.
8 . TRANSPORT/,.TICrJ
A. ReimburseLtent ,n.ll not ·::>e made to the Ra1.lroad Company for the railroad trans--
portation of Railrvad Company employees except under circ~etances where it is de-
termined to be essential to the economical prosecution of the vork to transport CE
ta~n employees ou the trains of another railroad company vith whom the employing
Rail road Comp~1y has no agTeement to provide for the interchange of pass privilegE
The cost of transpo~tation ln excess of the most economicai usually travel ed rout~
13 10-50-2865 R2
D-5
,() .. at a rate which is greater than lowest first class will not be reimbursed. The m
cost to the Railroad Company of sleeper ~res when night travel is required will :
reimbursed.
B. The cost of the required transportation of utility company employees, includi.
t~e cost of sleeper fares when night travel is involved, over the most economical
usually traveled route and at not to exceed the lowest first cl&ss rate will be r•
imbursed.
C. The cost of essential transportation performed in automobiles or trucks owned
the Railroad Company or by a utility compe.ny shall be held to have been reimburse
in the payment of the operating costs of the conveyance equipment or of the rates
representative of the e!?uipment operating expenses as provided herein under "Equi~
ment".
D. Relmbursertent for the reQuired use of automobiles which ere privately o~med b:
employees of the Railroad Company or of a utility company will be limited to the
rates established at which the Railroad Company vr t'he utility company retmburses
j, ts employees for each mile of use in connection w1 th its own constructior:. and
maintenance projects and operations.
E. Materials and supplies shall 'be moved by the most economical met'hod of trans-
portation. The cost of transportation of materials and supplies furnished by the .
Railroad Company over its own lines in revenue train is reimbursable at rates
which do not exceed either ten mills a to~1-m1le or the published tariff rate :for
tne commodity transported. No charge will be made for the t ransportation of ma-
terials and supplies which are moved by work train other than the operating ex-
penses of' the work train, as provided herein under "Equipment".
F. When materials and supplies of a utility company are moved by common carrier,
reimbursement '\Till be limited to :freight charges paid at t'he published tariff rat.
for the commodities transported. The cost of t'he transportation of materials and
supplies by trucks or other equipment owned or controlled by a utility company or
by the Railroad Company shaJ.J. be held to have been reimbursed in the payt!lent of t·
oper&ting costs of the equipment or of the rates representative of the equipment
operating costs as provided herein under "Eqnipment11 •
13 A 10-50-286[
D-5
•
·0 at a rate wtich is greater than lo~est first class will not be reimbursed. The n<
cost to the Railroad Company of sleeper ~res when night travel is required will
reimbursed.
B. The cost of the re~uired transportation of utility company employees, includi.
the cost of sleeper fares when night travel is involved, over the most economical
us~ally traveled route and at not to exceed the lowest first cl&ss rate will be r·
imcursed.
C. The cost of essential transportation performed in automobiles or trucks owned
the Railroad Company or by a utility company shal] be held to have been reimburse·
in the payment of the operating costs of the conveyance equipment or of the rates
repreeentati ve of the e<;1uipment operating expenses as provided herein under .. Equi·
ment".
D. Reimbursement for the required use of automobiles which are privately owned b;
e~lcyees of the Railroad Company or of a utility company will be limited to the
rates established at which the Railroad Compa.ny or the utility company rel.mburses
:l.ts employees for each mile of uae j_n connection with its own construction and
maintenance projects and operations.
E. Materials and s•;pplies shall be moved by the most eco1wmical method cf trans-
portation. The cost of transportation of materials and s~~plies furnished by the
Railroad CompaP~ over i~s own lines in revenue train is reimbursable at rates
which do not exceed either ten mills a ton-mile or the published tariff rate for
the commcdity transported. No c!~rge will be made for the transportation of ma-
terials and supplies which are moved by work train other than the operating ex-
penses of the work train, as provided herein under "Equipment".
F. When materials and supplies of a utility company are moved by common carrier,
reimbursement will be limited to freight charges paid at the published tariff rat·
for the commodities transported. The cost of the transportation of materials and
supplies by trucks or other equipment owned or controlJ.ed by a utility company or
by the P.ailroad Company shall be held to have been reimbursed in the payment of t·
operating costs of the equipment or of th·~ rates representative of the equipment
operating costs as prov:i.ded herein under 11Equipment".
13 A l0-50-2BSr
D-5
G Railroad Company and utility company equipment and small tools shall be moved
to the project site from the nearest point they are available and by the most eco-
nomical method of transportation. When a work train is required in connection with
the construction of a project, equipment sr.all be moved iD and by work train where-
ever it is practicable. No charge sr~ll be made for the transportation of equip-
ment and small tools which are moved in and by work train other than the operating
expenses of the work train. When it is more practi.cable or more economical to move
a unit of railroad equipment on its osn wheels, coupled in and by revenue train, re·
inbursment will be limited to rates not in excess of twenty cents a car-mile haul
for ~~its of heavy construction equipment such as pile drivers or locomotive cranes
and not to exceed six cents a car-mile ba\11 for all. units of other equipment. The
car mile haul :-ate for any unit of heavy construction equipment sha.l.l include the
free haul. of the idler car which may be required for safe mov~ment in trains. When
e unit of equipment which cannot be ooved on its own wheels, coupled in trains, is
loaded in or on a car in a revenue train, reimbursement will be liQited to a rate
not to exceed ten mills a ton-mile for its lading in tons multiplied by the Diles
of haul.
H. The costs of loading equipment in or on cars to be moved either in revenue
train or by work train at the point from which it is moved to the project, of un-
loading frOiil cars and of reloading in or on cars at the project site, as well as of
unloading from cars at ~he point of storage, when the equipment which is released
from the project is not destined for use on anotheriEOJoct, are reimbursable.
I. When equipment and small tools released from the project are moved to another
project or operation, the project from which the equipment and smE~.ll tools are re-
leased shall bear no part of the cost of their transportation to the other project
or operation. When equipment and small tools are released from the project and are
not destined to be moved to another proJect or operation, reimbursement will be
l~nited to the cost of their transportation, as provided above, to the nearest poirr
of norma.l storage or tie-up over a distance which is not greo.ter than the distance
over which they were moved to the proJect.
9. PROTECT! ON
A. The cost cf the services of inspectors, telegraph or telephone operators,
switch tenders, light tenders, or othem who, in the opinion of the Railroad Com-
pany 1 are required to insure safety to railroad operations during certain periods o.
the construction of a project, is reimbursable provided an item for such services i
included in the project plans, specifications and estimates or in an extra work or-
der issued by the State and only to the extent such services are essential. It is
to be understood trAt the Railroad Company bears the sole responsibility for the
safety of its operations, and that this responsibility cannot in any way or sense
be delegated to others.
B. The aruo~'lt by which the cost of the services of watchmen or fl..agtlen required
at o. temporary highway.railroad grade crossing during the period of construction
exceeds the cost of the services of watchmen or flagmen~eh were required at the
closed higlNay-railroad grade crossing be~ore construction, is reimbursable.
c. The cost or the services of watchmen or flagmen required at a highway-railroa ..
grade crossing for the protection of highway traffic on account of and during the
prosecution of work on the project performed by the Railroad Company ~orces is re-
imbursable.
14
l0-50-2865R
D-5
D. The cost of the services of railroad flagmen is reimbursable to the extent it is
· determined they are requi'red to 1-nsUl'e safety to the movement of t.r6.1ns o.nd locomo ·
tives during the prosecution of the work on the project performed by the Railroad
Company forces.
E. The RailroEld Company will not be reimbursed by the State for the costs of ser ..
viees of railroad flagmen reqUired to insure safety to rnil trD.ffic due to prosecu-
tion of work performed by the State's Contractor .
10. MAINTENJ\NCE DURING CONSTRUCTION
A. The cost of the mlU.ntenance of the temporary structures of the Railroad Company
or of a utility company during the period of their use is reimbursable. The runount
by which the costs of maintaining the tracks and other facilities of the Railroad
Company and the facilities of a. utility company during the period of the construction
Qf the project can be determined to exceed the costs of the maintenance of the rail-
road tracks and facilities or of the facilities of a util ity company during the nor-
mal operations is reimbursable.
B. Where the permanent tracks of the Railroad Company are required to be relocated
on nev grade, the cost of the grade correction which can be determined to have been
occasioned by the settlement of the new embankment during the first six months per4
iod of the operation of the Railroad Company's revenue trains on the relocated ·
tracks is reimbursable. When, because of the type of material or the height of the
embo.nkin.ent, it is agreed by the State a.nd the Ro.ilroad Company tbut a grade correc-
tio~will b~ necessitated by the settlement of the new embankment beyond the period
of the first six months period of operation of the Railroad Company's revenue trains
on the relocated tracks, the cost of such grade eorrection which can be determined
to have been occasioned by the settlement of the new embankment during the first
twelve months period of the operation of the Railroad Company's revenue trains on th(
relvcated tracks will be re.imbursed. Reimbursement for such grade correction costs
shall not exceed the amount set up for that item in the project plans, ~ecificationr
Ellld e stimates.
11 : RAILROAD AND UTILITY COMPANY BILLS
A. In the event that the Railroad Cocpany desires, it may submit monthly bills pre ..
pared in satisfactory form for work performed in compliance w1 th this a.greei!l.ent.
Up3n receipt of eaid monthly bills, the State Will make a payment to the Railroad
Campa.ny. The amount of such payment may be up to 90~ of the cost of the vork per··
formed o.nd as covered by so.id bill. Subsequent to the final a.udi t as provided here-
in below, the State will moke final payment to the Reilroad Company for work per··
formed and materials furnished in accordance with this ogreeccnt and approved plans
and specifications nna·appro1red change s thereof.
B. In the event that the Railroad Company does not desire monthly payments, then
upon satisfactory aompletion of the work performed by the Railroad Company unde r thi:
agreement ond receipt of a statement in proper form, the State shall mD.ke payment to
the Railroad Company . The amount of said payment ma.y be up to 90% of the cost of
such work. Subsequent to the audit as provided herein below, the State will make
final payment to the Railroad Company for work performc..>d and mo.terials furni she& in
accordance with this agreement and approved plans and specifications and approved
changes thereof.
C. Before finoJ. reimbursement Will be made by the State for the cost of the work
performed by the Railroad Compo.ny or by a utility company, the cost records ond
accounts of the Railroad Com]?o.ny or the utility company will be audited by represen-
tat1 ves of the Sta.te end of the Bureau of Public Roads for the determin~~ion of
15 10·50-2865
l"'eimbursable actual costs. The statement of the finu.l and coi:Iplete billH1g shall
sh~v tho description and site of the project, the Federal ProJect n~bor, the date
on "which the first 'WOrk wne perfort!lL'<l or on vhich the eo.rliest 1 teo of billed ex-
p ense tro.s inc~red. and the date on which the last work ws perfort:led or the last
itco of billed expense was incurred, nnd the location where the records and ac-
counts of the coats billed can be audited. The Railroad Company or the util.i ty
company shall make available an adequate reference from the statement of final ani
complete billing to its recorda, accounts and other relevant documents.
D. The statement of final. ond complete billing shall be compil.ed in sections end
summarized . Each section shall include all of the i temn of costs for each sepo.rate
phase of the work performed, 8Ild be ir.. the order of the items in the estimate por-
tion of tbe project plans, specifications and estimates. AJ.1 elements of cost shal.
be stated in i temiz.OO. detail. The costs of l.abor 1 trave~ expense, transportation,
equipment repairs, operation and de~reciation, loss and damage of small tools, and
oiher services shall be stated by months in which incurred. Vacation allowances,
payroll taxes and insurance, and travel expenses shall follov the statement of
labor costs. Handling and loading of materials and supplies at stores and material
yards shall follow the itemized statement of moter!als and supplies billed. The
costs of transportation shall follov the itemized statement of materials and ~e.
furnished and billed, the itemized statement of materials credited, and the state-
ment of the coats of equipment repairs, operations and depreciation.
E. During the audit of the records am accounts Which support the billed costs,
the represent ative of the Bureau of Public Roads will discuss With the representa-
tives of the Railroad Company or of the utility comp any all items of costs to which
exceptions me.y be taken or on which coiii!lents may be made. The Division Engiaeer of
the Bureau of Public Roads will refer copies of the excer.tions taken and of the
comments made to the State. To penni t consideration of the Railroad Company's or
the utility company's statement of explanation or rebuttal in reference to the audi
exceptions and comments, copies of such statement shall be transmitted by the Rail
road Company or by the utility company to the State within ten days following the
receipt of the audit exceptions and comments, or advice in writing should be made a
to the date on which the Railroad Company's or utility company"s statement wil.l be
transmitted.
12. In the event that any utility facilities occupying railroad right-of-wo.y are
adjusted by the owning company to accommodate the construction of the proJect, cost
may be incl.uded i:. the Rail. rood Company~ s statement provided that actU£1.1 charges ar
mtld.e in accordance With the terms of tbis agreement as if the work had been per-
formed by the Railroad Company.
13. Reimbursement to the Railroad Company for work performed hereunder shall not
exceed the proVisions of General Administrotive ~morand.um No. 299 issued by the
United States Bureau of Public Roads on May 1 1 1946, and amendments thereto in
force on the date of the approval. of the plans and specifications by the Bureau of
Public Roads.
14. The ~ailroad Company, unless otherwise provided, shall mnke such changes or
. alterations 1n the tracks, communication and signal, po~e and wire lines, pipe,
sever ond drainage or other facilities or but1Aings located upon the Railroad Oom-
·.
16 l.0-50-2865
;)-5
pany's rigb.t-o.f-Wa;y, which mo.y be displaced or required by the construction of'· the ..
project 1 o.s mny be necessary to maintain continuous service~ o.nd conf'orm them to sa.id
construction and restor~ them to .former condition .for service either prior to, dur-
ing or .following construction o.f so.id work, all of which, a.s for a.s know to the
Railroad Company 1 shall be show on said plans. The Railroad Com;po.ny shall prepare
plans and estimates subject to approval by the State, f'or the adjustment of' such
facilities. Such plans and estimates shall be o.tta.ched hereto and mode a part of
Exhibit B. Any know work to be done, not Bhow on the plans and in the estimntes
will not be paid .for.
15. It is agreed that should the property licensed hereunder or o.ny portion thereof
cease to be used for public road purposes, this license, as to the portion so aban-
dened, shall immediately cease o.nd terminate.
16. The Rail..road Compo.ny may obtain Employers' Lio.bili ty Insurance or Workmen's
Compensation Insurance and Public Liability Insurance in favor of' the Railroad Com-
pany. The Employers' Liability Insurance and Public Liability Insurance shall pro-
vide f'or a maximum lio.bility not to exceed thirty thousand ($301000.00) dollars .for
injury to or dea.tb of' any one person; and f'or a maxi~ o.f sixty thousand .
($60,000.00) dollars .for injury to or aeath o.f more than one person, resulting from
any one accident. · ·
The premi u.m.a f'or such insurance shall be basQd on the })ay rolls of' t:b.e Railroad Com-
pany f'or work performed by them hereunder.
The El!lployers' Liability Insurance or Workmen's Compensation Insurance taken out by
the Railroad Company is to cover persons employed directly on the project.
The policies to be to.ken out by the R3.ilroad. Company "Will conto.in a. provision that
the Insuronce Compo.ny "Will have the right to, upon proper notice, cancel the policy,
or portion thereof', on any project which ha.s not been placed under contract by the
State. In the event of the cancellation of the insuro.nce policy for this work1 then this paragraph is subject to modification.
17. The State expects to be reimbursed for its expenditures hereunder from funds,
provided by the United Stotes Government. Such reimbursement can only be obt3.ined
by the Sto.te by compliance with the statutes, rules and regulntions tram time to
time enacted and promulgated by the United 'States Government and its ~ureau of
Publio Roads. In case such statutes, rules or regulations shall hereafter be £'~
tered or amended in such canner as to affect the State's right to such reimbursement
or funds .from which this construction is proposed o.rc not a.vaila.ble1 the State re-
serves the right to cancel this agreement at any time prior to the o.ctuo.l letting
of a contro.ct by the State hereunder.
18. In the event that construction is not undertaken, or in tho a.bsence o.f a work
o~er being issued by the State to the Railroad Company, the State will not be re-
sponsible f'or any expenses incident to any cost incurred in connection wit~ any pro·
vision of' this contract.
19. The work con·~emplated herein sha.ll be complete in aceo~once with this contract 1
detailed approved plans and specifications and approved changes thereof', subject to
'the approvo.l o.f both the State Righway En.ginc~:r m:d the Chief Eng:l.nee:r.of tbe Ra.il-
road Company.
17
...
10-50-2865
D-5
20. lrhteric.ls re~uired for the ineta..l.lntion of the highwe.y-rcilroa.d grad.e cross-.
ing protection device are to be furnished by the .RQ.ilroad Company. Said ma.ter11lls
are to be of the kind ~nd qu~ity as described or shown on the plans, specifica-
tions and estima~ca. 1~e Rsilroad Company. will furnish to the State a detailed
~.c>tililatc of alJ. ~ te1ns :leed.ed in connecti.on vi th the proposed installation .•.
21. The Railroad. Compaey shall inete.Il materials to be furnished by it &ad shall
do other work as required to put such highway-railroad grade crossing protection
device into operation in cccord.3nce with Exhibit "B".
?.2. The Railroad Compa.ny shall maintain and operate tr.J.a highway-railroad grade
crossi~g protection device as installed aDd in accordnnce with the design of
operation as shown on Exl-.ibit "B". No changes nre to be made in the lllethod c.nd/or
design of operation of said protection devic~ without the written approval of the
State Hie;mmy Engineer. In future maintenance painting, the Railroad CQI!!Pany
agrees to retain the painting color combinations as accepted at the time of in~
stallation, unless otherwise agreed upon in writing by the Chief Engii~er of the
Railroad CoJD.l)a.ny and the State W.gm<tay Engineer. ·
23. The State ugrees to furnish such constructio~ stakes and/or elevations as
are required for the proper construction of the project. ~ field engineering
performed by the Railroad Comp~ to check or verify the &ccuracy of any work per-
formed shall be vi thou t; expense to the Ste.te.
24. The license, granted hereby, ehall not in any V&Y prevent the Railroad
Company from operating its trains across the land over which license has been
granted. It is eXpressly agreed that no legal right of the Ra.ilroad Company to
to maintain, use, locate, align, re-align and relocate the railroad track now
located across the licensed premJses, and to construct and thereafter maintain,
use and relocate any additional track or tracks, or other facilities, as it may
desire, across said hig~vay at said intersection, shall be in anywise affected
by the granting of this license, subject, however, to the provisions of paragraph
22 hereof. In the event of acy such changes the Railroad Company a ball restore
the highway to a prope~ condition for the use of the tra~ public to the
s&tisfaction of the Sta.te Highway Engineer.
25. If the crossing of the highway, street or road. and railroad as shown on Ex-
hibit 11A" and "B" ia ever abe.nC.::med, the highway-railroad grade crossing pro"
tection device installed under this contract shall not be removed by the Railroad
Company to aey point other than that which might be approved by the State Higmray
Engineer.
Protection Device 18
•.
26. It is being required that the City of LG'b'boak pass e.n
ordinance and execute a contract indemnifying the State against clajms
for damages 7 copies of said ordinance e.nd contract when finally passed
and executed, to be attached hereto and marked "Exhibit C" and made a
part hereof. Exhibit 11A" referred to in the City o:.•dina.nce and indem!'li-
fica1;ion contracts being identical to Exhibit "A" as referred to in the
agreement; hence this exhibit is to be included in Exhibit "C" of this
contract. The mal.:ing of said ordinance &nd indemnification contrac";s a
pa~t of this contract does not increase the State's obligation. The
State's obligatton to the Railroad Company are those as specifically
mentioned in the several contracts and no more.
27. This agre~ent is not to be effective until and unless the City
of ~)Oct has passed the ordinance as above referred to
in such form as is satisfactory to the State and the Railroad Co~any,
end until the contracts as referred to in paragraph 26 hereof have been
fully executed by all parties •
21. la aoaoMaace vl tb the pro'Yl.Sou ot Geae.ral .U.lnlatratln Memonada
l'lo. ]25, tanM. b7 taut ....._ ot Ml1c Jloa41. A1apa\ 26, 1941, thl• pro.Jeot
hae been clt\el'lllu4. to ooai'on to Olaea ), •Grau Croaabc hoteott.oa•.
UD481" thlt olae.Uloa,loa. a ba.etl t llball be ooaatnecl •• acon.lq to tar.-
Rallfta4 co~ AD4 taw JaUroat ClollpNQ' acne• to ooa\nbatt ta (10)
)Mal'CIJlt of the total oo•t of the proJec' to \he proJeot. !2M ooati'S.lmtlon
wt.11 be collected. lr7 4Kllotloa ti'Oa the flAal railroad toroe acoout l»Ul.
Protection Device 19 2-4 7-589 R5
D-5
y
v
.J
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
PORT VORTH AND DDIVIR
RAILWAY OOMPAIIY
By:
(Title)
ATI'EST:
Secretary for Railroad Company
RECOMMENDED:
General Manager for Railroad Company
Chief Engineer of Railroad Company
APPROVED AS TO FORM :
Attorneys for Railroad Company
""\
-20-
THE STATE OF TEXAS:
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies, or
work programs heretofore approved
and authorized by the State High-
way Commission :
By:
Executed as State Highvay Engineer
and approved for State Highway
Commission.
RECOMMENDED FOR APPROVAL:
Bridge Engineer
IDI1Deer Road Dea1gn
APPROVED AS TO FORM:
Assistant Attorney General
Diatriot lqineer V
TILE STATE OF 'liiAS t
COUNTY OF 1.' ADAir I
BEFORE ~~ , e. Notary Public
in e.nd for said County and. State, on this dAy personally appeared -------
bl .. I o o • o ' ~ ' J 0 0 0 I 0 ; 0 ":'1" • •
0
'
0 0
b 1 • J
known to In$ to be the peraon.. W:h~se no.u~ 1a sul~sc.ri 'b$..9-to. the foregoing instru.I:Wnt,
and. acknowl.eased to IM that he executed tl'le eame for the purposes and conaid.emtion
and in tne capacity therein eX:presaed., ·and ai the e.6t and. deed of said . ....,_ ___ _
• a . -·II ·-•• ~r• 1 •• -·~EArt··\lplj.h IDA J?'»Y• -;Ratlvar Qomplqy I •
GiVEN undlir'niy hand and. seal; of office thitJ ----------day of
.-........ ....,..:--...;..,;...,___,....,...--..~· ,;...• . ._;.· 1 19 . •
Ovunty of !errant·
Sta.ta of Teas
..
~ ~i. :!
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"''_i : :!•.
j I
l i.ll !x li 1-·oo 1-\-! ,l>
f_l
I I I
Jl II :1
.,wr, II
~IJ ll.____
: :
..
J
..
FORT WORTH AND DENVER Cl:TY RAIOiAY COMPANY
(Certified Copy ot R~aolvtion) ....
THIS IS 70 CERTIFY:
That the tollGW'ing is a tull, true and oamplate oopy ~ a
resolutian adopted b)' the Board ot Direotora ot the Fort Worth and
Denver City .ltailwar Company at a mettting held in Fort Worth, !ezas,
on llaroh 21, 1939, at whioh a quorum waa preaent and aoting throup•
cnzt;, and of reoord in boot No, s, Page 1089 ot the ld.Dutea of tM
•sting, to wit:
on motion, dult made and aeoonded, the toll<JWi:ag reaolu-
ticm wa 1 \IDI.nimoualy adopted s
•BEsOLVED: '!'hat the President and Vioe Presidenta of thi.a
Ccapan,, or either of them, be and they are hereby authorised in b&ha lt
of thia Caapa-a, to enter into anr ootltre.ot they de• adrlaabl.e with the
state of !exaa or the State Highway DepartmeDt of the State of T~tDI
tor C"de aeparatica projeote, dgnal de'rioes, retleotoriaed oro•• t.uob,
eaaementa, oroaainga or a~ other similar agreemet1t1 affecting thla
CCIIlp&D.ff aDd aaid Prealdent, Vice Presiclente ot this Company, or either
ot them are libndae tully authori•ed and em.pawered to sip any and all
amh ooDtraote and when so liped 1n behalf of thla Campa~t· same ahall
be binclinc upcm the Campany aooording to the tel"lU thereof •
IB W!'riESS l'VHEQOJ', I haw hereunto aet DIJ' t:uu:u! and affixed
the oorporate seal ot said J'ort Worth and Denver City Ball•7 C0111paD7,
at :rort '!forth, !exaa, thia 2ttb day ot Varoh, 1089.
Seorata •
POll!. WORm UD DllfVER CITY llAIUVAl C<.'IO'Jlfl'
EXHIBIT D
..
FORT WORTH AND DENVER RAILWAY COMPANY
Fort Worth. Tuu
Aupt 1, 19n
Effective this date, b)' c:ba.ner amendment appmvecl b)' the
Secreatty of Scace, State of. Tau, the mtporate IWDe of Fort Worth
&Del DenYer City .Railway Compaay is changed to Port Worth ud
Dmvet JW.lway Co=npa.ny.
There bas beea tto change in the ownership, maoagemenc or
ope.ratioa of the property and facilities, ather as to mileage operated.
ttatioa.s aened. or freight aod pa!Senger schedules; ttor lw there
been uy change in officers, agents, uaffic .represeatati~ off"tdal
beadquanen, or outside uaffJ.C offices. .
R. WRIGHT ARMSTRONG
Vice-Presideac
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