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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