1994-179E:\~PDOCS\ORD\CROSS[NG.SIG
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION
OF A CROSSING AND SAFETY SIGNALS; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an Agreement between the city of Denton and The Atchison,
Topeka and Santa Fe Railway Company for the installation of
crossing and safety signals, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the
expenditure of funds as provided in the Agreement.
SECTION Iii. That this ordinance shall become effective immed-
iately upon its passage an~ approv~l~ f~
PASSED AND APPROVED thls the~/' day o 1994.
BOB CASTLEBERRY, MAYOR / ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPO~VE~TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~ The Atchison, Topeka and Santa Fe Railway Company ~
C~i¢£ Engineer
4515 Kansas ^¥¢nu¢
Kansas City, Kansas 66106-1199
November 18, 1994
File: 05024012
Roger N. Wilkinson
Supervisor of Engineering Techs " ~ ~ I ~%~A
city of Denton
215 E. McKinney
Denton, Texas. 76201
Dear Mr. Wilkinson:
Reference is made to your letter of November 2, 1994, concerning
Agreement covering construction project involving Jim Christal
Road.
Enclosed is executed copy of the Agreement covering this project
for your file.
Please furnish the Santa Fe Original Policy of Railroad Protective
Liability Insurance from your contractor.
If you have any questions, please contact me at (913) 551-4484.
Yours truly,
William O. Thomson
Manager Public Projects
A Santa Fe Pacific Company
05024012
CONTRACT SECRETARY'S NUMBER.
oOo
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF DENTON, TEXAS
oOo
AGREEMENT: Covering land at Denton, Denton
County, Texas, for right of way
purposes for a public road designated
as Jim Christal Road, located at MP
104 + 4123 feet, Dallas Subdivision,
Alliance Division.
DATED: A/'~
AGREEMENT Made as of the day of
, 19 , between THE
ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware corporation
(herein-after called "Santa Fe"), as First
Party, and Denton, Texas, a political
subdivision of the State of Texas hereunto duly
authorized (hereinafter called "City"), as
Second Party,
WITNESSETH:
RECITALS:
City desires to use a certain portion of Santa Fe's property at Denton, Denton
County, Texas, designated at Jim Christal Road, which is agreeable to Santa Fe upon
the terms and conditions hereinafter stated.
AGREEMENT
ARTICLE [
1. Santa Fe, for in consideration of the sum of One and No/100
Dollars ($1.00), the receipt whereof is hereby acknowledge, 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 Denton, Denton County, Texas, for
the purpose of constructing, maintaining and using a public road, license to use which
is hereby given, being shown shaded on print, dated July 27, 1994, hereto attached,
marked Exhibit "A", and made a part hereof.
2. Santa Fe agrees that it will, at City's expense, make adjustment
to railroad signal and communication overhead lines, at the crossing location, if
necessary.
3. Santa Fe agrees that it will, at City's expense, install active
warning devices at the public road grade crossing of Santa Fe's track.
4. Santa Fe agrees that it will, at City's expense, install crossing
surface on its Track, provided that in the event of discontinuance or use by Santa Fe,
all obligations assumed by it hereunder shall cease and be at an end.
5. Santa Fe agrees that it will, at City's expense, and upon
completion of Jim Christal Road, remove existing timber crossing and crossbucksigns
at Scripture Street.
6. Santa Fe agrees that it will, at its own expense, maintain the
crossing surface within the limits of the ties, and the grade crossing vehicle traffic
control devices; however, Santa Fe shall be entitled to receive any contribution toward
the cost of such maintenance as may be now or hereafter made available by reason
of any law, ordinance, regulation, order, grant or by other means or sources.
ARTIOLE II
In consideration of the aforesaid license, City covenants and agrees to
and with Santa Fe as follows:
1. That it will use the licensed premises exclusively as a site for a
public road.
2. That it will not let or sublet the whole or any part of the licensed
premises for any purpose whatsoever or assign this license without the written
consent of Santa Fe in each instance.
3. 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.
4. That if the licensed premises, or any part thereof, cease to be used
at any time for the purpose licensed, City will deliver up to Santa Fe the possession
of the whole, or such part so ceased to be used.
5. That it will, at no expense to Santa Fe, and subject to the
supervision and control of Santa Fe's Engineering Department, locate, construct and
maintain the public road in such a manner and of such material that it. will not at any
time be a source of danger to or interference with the present or future tracks,
roadbed and property of Santa Fe, or the safe operation of its railroad. City shall
construct the public road, and any drainage facilities required because thereof, in such
a manner as not to permit damage to Santa Fe's property or adjoining' property. In the
event of a breach of this covenant at any time, City will, within ten (10) days after
receipt of a written notice from Santa Fe thereof, do whatever may be necessary to
fulfill its obligations under this section and, failing so to do within said time, Santa Fe
may do so at City's expense, bill for which City will promptly pay.
6. That it will do no work on Santa Fe's property without first
contacting Santa Fe's Supervisor Field Engineering, at Euless, Texas, and securing his
approval to proceed with the work.
7. .That no legal right of Santa Fe to maintain, use and relocate the
railroad track or tracks or other railroad facilities now located upon the licensed
premises, or to construct and thereafter maintain, use and relocate any additional
track or tracks or other railroad facilities as it may desire upon or across said licensed
premises shall be in anywise affected by the giving of this license.
8. That if, at any time during the term hereof, Santa Fe shall desire
to make any use of the licensed property with which the public road and drainage
facilities will in any way interfere, including the relocation of existing or the
construction of new tr~acks, pole lines, wire, conduits, etc., in which it shall have an
J
interest, City shall at no expense to Santa Fe, make such changes in the public road
and drainage facilities as in the judgment of the Santa Fe may be necessary to avoid
interference with the proposed use of its property.
9. That it will bear and pay the entire cost of constructing and
maintaining the public road, including any drainage facilities required because thereof,
upon the licensed premises except that portion to be maintained by Santa Fe as
covered under Section 6 of Article I. That it will also bear and pay the cost of the
work as covered under Sections 2, 3, 4 and 5 of Article I.
10. 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 communication
pole and wire lines, and/or other facilities located upon the licensed premises, such
changes or alternations, 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.
11. To make any and all arrangements that may be necessary to secure
the location or relocation of wire lines, pipe lines and other facilities owned by private
persons, companies, corporations, politicai subdivisions or public utilities other than
Santa Fe which it may be found necessary to locate or relocate in any manner
whatsoever due to the construction of said public road.
12. To appoint and keep competent inspectors, engineers or other
authorized parties on the work to be done by City during the progress of such work,
and to give Santa Fe reasonable advance notice of the performance by City, or any
contractor employed by City to construct said public road, of any work upon, along,
over or across the right of way and tracks of Santa Fe which might render unsafe the
operation of trains on the tracks of Santa Fe.
13. That the contract or contracts to be let by City for the cor'~struction
of the work to be undertaken by it 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 opera-
tions he performs, he carries regular Contractor's
Liability Insurance providing for a limit of'not less
than One Million Dollars ($1,000,000.00) for all
damages arising out of bodily injuries to/or death of
one or more persons in any one occurrence, and Property
Damage Liability Insurance providing for a limit of not
less than Five Hundred Thousand Dollars (9500,000.00)
for all damages arising out of injury to/or destruction
of property in any one occurrence and subject to that
limit per occurrence, a total (or aggregate) limit of
One Million Dollars (91,000,000.00) 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.
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
Contractor's Protective Liability Insurance providing
for a limit of not less than One Million Dollars
($1,000,000.00) for all damages arising out of bodily
injuries to/or death of one or more persons in any one
occurrence, and Protective Property Damage Liability
Insurance providing for a limit of not less than Five
Hundred Thousand Dollars (8500,000.00) for all damages
arising out of injury to/or destruction of property in
any one occurrence and subject to that limit per
occurrence, a total (or aggregate) limit of One Million
Dollars (81,000,000.00) for all damages arising out of
injury to/or destruction of property during the policy
period. '
C. Railroad's Protective Liability and Property
Damage and Physical Damage to Property Insurance. In
addition to the above, the Contractor shall furnish an
original policy to Santa Fe, with respect to the
operations he or any of his subcontractors perform,
provides the Standard Railroad Protective Liability
Policy, with coverage for Bodily Injury, Death and
Property Damage limited to a combined amount of Two
Million Dollars (82,000,000) per occurrence, and
subject to a total (or aggregate) limit of six million
dollars (86,000,000).
D. General. The insurance, as specified in
Paragraphs A and B above, shall be carried until all
work required to be performed under the terms of the
contract is satisfactorily completed as evidence by the
formal acceptance by Santa Fe.
The insurance, as specified in Paragraph C above, shall
be carried until all work to be performed on the
Company's right-of-way has been completed.
14. That if it is determined necessary by Santa Fe during the
construction or maintenance of said public road to provide flagmen and inspectors to
insure the safety of railroad operations, the cost of providing s0ch flagmen and
inspectors will be borne by City.
15. That it will release and vacate the licensed premises occupied
by the public road, remove the public road from the licensed premises and otherwise
fully restore the premises to the condition in which they existed prior to the beginning
of the work herein covered, immediately after the need for such public road ceases
to exist.
1 6. City shall and will, and does hereby agree, insofar as permitted by
law, to assume and discharge, and indemnify and save harmless, the Santa Fe and the
successors and assi,gns thereof, from and against any and all liability, loss, damage,
cost, expense, claims, judgements, or attorneys' fees for or on account of personal
iniuries to or death of persons or damage to or loss or destruction of property, directly
or indirectly caused i~y, due to, arising out of, or in connection with, the maintenance
operation, use, removal or existence of that portion of the public road herein
described, except in any instances of such events which arise out of the sole
negligence of Santa Fe.
17. City agrees future traffic control systems at 'the crossing or
crossing illumination will be installed at no cost to the Santa Fe.
1 8. City will furnish, install, and thereafter maintain pavement
markings, advance warning signs, and traffic control signs in accordance with
applicable portions of the Manual on Uniform Traffic Control Devices and will provide
traffic control during construction or maintenance operations to accommodate work
by Santa Fe.
19. That this license is made subject to all valid, existing and future
contracts, agreements, licenses and easements which may affect said licensed
property, covering roads, public and private; pole lines and appurtenances; water
lines, or other facilities.
20, That all of the covenants hereof shall inure to be benefit of the
successors and assigns of Santa Fe, to the same extent as to Santa Fe.
2.1. City does not warrant nor represent hereunder that it will levy any
special tax nor assessments to pay any claims or judgements referred to in Paragraph
16 of this Article II hereinabove, which may arise as a direct result of the maintenance
operation, use, removal of the public road herein described.
22. City recognizes that Santa Fe is actively pursuing the sale of this
property that is the subject of this agreement, and that in the event of the sale, the
purchaser will assume Santa Fe's obligation under this agreement, and City will.
release Santa Fe from all further obligations.
23. City agrees upon completion of Jim Christal Road to close
Scripture Street, and shall place barricades and signs in accordance with applicable
portions of the Texas Manual on uniform Traffic Control Devices.
24. City agrees to furnish and place fill material for signal house and
signal foundations.
.ARTICLE III
1. The City, shall provide an advance deposit in the amount equal to
the estimated cost of material set forth in Exhibit "B", after which City shall become
owner of the material. Santa Fe upon receipt of the advanced deposit, will schedule
and perform the work as set forth herein, subiect to condition covered under Section
22 of Article II.
2. City agrees to promptly pay Santa Fe upon completion of all work
by Santa Fe and receipt of an itemized Statement from Santa Fe an amount, when
combined with the deposit equal to the amount shown on the itemized statement for
the total cost of the work performed by Santa Fe. If the total cost is less than
deposit, Santa Fe will refund excess to City.
IN TESTIMONY WHEREOF, the parties have executed this agreement, in
duplicate, of the day and year first ~bove written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
It: Manager Public Projects
DENTON, TEXAS
CITY OF ~ ~~.~
By: Ma~y°
Assistant Sec~et'ary f~ailway Company
WDT0810a/bjw
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FERAILWAY COMPANY
CITY OF DENTON, TEXAS
KANSAS CITY, K~NSAS
SCALE: 1"=100'
;~LT.INACE DIVISION M.W. FRANKE
DALLAS SUBDIVISION CHIEF ENGINEER
DATE: JULY 27, 1994
0.0.~. = 07-/'=78° K
c ~' ~ ~ ~22 432
3er~,cc Rcad
A P~CEL OF ~ND CONTAINING 6,750 SQ. FT.
MORE OR LESS SHO~ S~DED, INCLUDING A
54 F~T CONCRETE CROSSING.
AT DENTON, DALLAS COUNTY, TEXAS
FILE NO. 05024012
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COHPANy
FORCE ACCOUNT ESTIHATE FOR
C~TY OF DENTON
DENTON, TX.: RELOCATE THE PUBLIC CROSSING FRBH tip 105.1 TO HP lOfi.7B
THE.ATCHISON,.TOPEKA AND SANTA FE RAILWAY CONPAHY
FORCE ACCOUNT EST[HATE FOR
~ CITY OF DENTON
~20 q~ q30 FRONT END LOADER 1jO00
1120 ~3fi q30 VIBRATOR ROLLER 650
1120 790 292 WORK TRAIN 1~200
~qUIPNENT RENTAL $~69q
TOTAL OTHER ...........
BILLING AND ACCOUNTING 1,26q
CONTINGENCIES 12,765
LESS SALVAGE 211
CHIEF ENGINEE~ SYSTEH - KANSAS C[IY