HomeMy WebLinkAbout2014-132ORDINANCE NO. 2014-132
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN AGREEMENT FOR RECONSTRUCTION OF EXISTING UNION
PACIFIC BRIDGE - COOPER CREEK M.P. 716.40 — CHOCTAW SUBDIVISION, DENTON,
TEXAS BY UNION PACIFIC RAILROAD COMPANY, A DELAWARE CORPORATION,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has requested that Union Pacific Railroad Company
("Union Pacific"), a Delaware Corporation, improve the existing Cooper Creek Bridge Lane under
Union Pacific's track and right-of-way at Mile Post 716.40 - Choctaw Subdivision, City of
Denton, Denton County, Texas; and
WHEREAS, the City and Union Pacific have entered into an "Agreement for
Reconstruction of Existing Union Pacific Bridge — Cooper Creek, M.P. 716.40 — Choctaw
Subdivision, Denton, Texas" (hereafter the "Agreement") wherein Union Pacific will construct the
improvements and the City shall pay the fixed sum of $135,000; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the Agreement in
substantially the form as attached hereto and made a part hereof.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
API' IVED S TO LEGAL FORM:
ANIT BURGESS, CITY ATTORNEY
B
Reconstruction of Existing Union Pacific Bridge
Cooper Creels
M.P. 716.40 - Chocta`v Subdivision
DENTON, TX
THIS AGREEMENT, executed in duplicate this mm^ day of '-,, 2014, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware corpora iorr (hereinafter the
"Railroad"), and CITY OF DENTON, a municipal corporation of the State of TEXAS (hereinafter the
"Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing Cooper Creek Bridge Lane
under Railroad's track and right of way at Mile Post 716.40 - Choctaw Subdivision, in City of Denton,
Denton County, Texas to which the Railroad is agreeable, but solely upon terms and conditions
hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and supervision for, and sliall
reconstruct the existing bridge at Mile Post 716.40 - Choctaw Subdivision, in City of Denton, Denton
County, Texas, as shown generally on Raih•oad's print dated May 12, 2013, marked Exhibit A, hereto
attached and hereby made a part hereof.
2. Upon execution of this agreement, the Political Body shall pay the Railroad a firm and
fixed sum of One Hundred Thirty -Five Thousand Dollars ($135,000.00) for the work performed and
materials supplied by tine Railroad pursuant to Section I above, as such work and materials are described
in the attachment dated May 12, 2013, marked Exhibit B, hereto attached and hereby made a part hereof.
3. If Political Body's contractor(s) is/are performing any work described in Section I above,
then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form
of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the
Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and
will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the
Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the
Contractor's Right of Entry Agreement.
4. Fiber optic cable systems may be buried on the Railroad's property. Protection of the
fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting
in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone
the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday,
except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to
determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political
a