Ohio Street Crossing Improvements
TH I S AGREEMENT, executed in duplicate this 16th day of October,
--1989, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware
corporation (hereinafter the "Railroad"), and CITY OF SALINA, a municipal
corporation of the State of Kansas (hereinafter the "Political Body"),
WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing
South Broadway Boulevard crossing, at grade, along, over and across the
Railroad's Main Line tracks and right of way at Mile Post 497.68 DOT No.
429 004S in Salina, Saline County, Kansas to which the Railroad is agreeable,
but solely upon the 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:
I. The Political Body, at its sole cost, shall furnish the rubber crossing
material. The Railroad, at its sole cost, shall furnish all labor, material,
equipment and supervision for, and shall (a) remove 2-40 existing prefab
crossing(s) and (b) install 2-42 ft. Rubber crossing(s), (c) install
perforated drain pipe and filter fabric, (d) relay and field weld rail, and
(e) renew crossties and ballast, all at the intersection of the Railroad's
Main Line track with South Broadway Mile Post 497.68 in Salina, Saline
County, Kansas, as shown generally on Railroad's Print dated September
26, 1989, attached hereto and marked Exhibit "A".
II. The Railroad, at its cost, shall maintain the crossing(s) between the
track tie ends. If. in the future, the Political Body elects to have the
surfacing material between the track tie ends replaced with paving or some
surfacing material other than timber planking, the Railroad, at the Political
Body's expense, shall install such replacement surfacing.
III. The Political Body, for itself and for its successors and assigns,
hereby waives any right of assessment against the Railroad , as an adjacent
property owner, for any and all improvements made under this agreement as
stated in Article I above.
IV. The City, at its own cost and expense, will provide all barricades,
lights and flagmen or traffic control devices necessary for detouring
vehicular traffic for complete closure at each of the two (2) crossings.
V. The city further agrees to allow the Railroad to drain the crossing
area into existing City storm sewer manholes, if available.
VI. Covenants herein shall inure to or bind each party's successors and
assigns; provided, no right of the Political Body shall be transferred or
assigned, either voluntarily or involuntarily, except by express written
agreement acceptable to the Railroad.
VII. Both parties agree to the requirements of Title VI of the Civil Rights
Act of 1964, which by reference is made a part of this agreement.
VIII. The Political Body shall, when returning this agreement to the
Railroad (signed), cause same to be accompanied by such Order,
Resolution, or Ordinance of the governing body of the Political Body,
passed and approved as by law prescribed, and duly certified, evidencing
the authority of the person executing this agreement on behalf of the
Political Body with the power so to do, and which also will certify that
funds have been appropriated and are available for the payment of any
sums herein agreed to be paid by the Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first hereinabove written.
MISSOURI PACIFIC RAILROAD COMPANY
By
Gen-Director, Contracts & Real Estate
(SEAL)
ATTEST:
CITY OF SALINA
Jacqueline Shiever, City Clerk
By
Joseph A. Warner, Mayor
Date
Pursuant to Resolution 89-4131
dated October 16, 1989,
hereto attached.
.
,;'
,
CI TY OF SALI NA
RECUEST FOR COMMISSION ACTION
DATE
TIME
7:00 P.M.
APPROV ED FOR
AGENDA:
10/16/89
.AGENDA SECTION:
NO. 8
Administration
ORIGINATING DEFARTeIENT:
En gi nee ri ng
17C:~1
,,~o .
BY: Don Hoff
5Y: ~t'
Resolution Number 89-4131, authorizing the Ilayor to execute and the City Clerk
to attest a license agreement between the City of Salina and the ~1issouri Pacific
'. Railroad Company, a Delaware corporation, for the improvement of the Ohio Street
crossing.
The Missouri Pacific Railroad has submitted a license agreement covering certain
proposed railroad crossing improvements on Broadway Boulevard. These improvements
involve the installation of two (2) rubber crossings on Broadway Boulevard between
Republic Avenue and Cloud Street. The responsibilities of the railroad company
and the City of Salina are outlined in the license agreement.
The rubber crossing material has been purchased by the City of Salina for these
2 Missouri Pacific Railroad crossings. A schedule for the installation of the
rubber crossings will be submitted by the railroad company at a later date.
Broadway Boulevard will not be closed to facilitate the installation of the new
crossings, this section of Broadway Boulevard has a raised median which allows
the work to be performed one lane at a time.
Recommended action
Adopt Resolution Number 89-4131 authorizing the Mayor to execute the license
agreement.
CDMMISSION ACTION
MOTION BY
SECOND BY
TO:
RESOLUTION NUMBER 89-4131
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
!i CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF
II SALINA AND THE MISSOURI PACIFIC RAILROAD COMPANY, A DELAWARE
II CORPORATION, FOR THE IMPROVEMENT OF THE SOUTH BROADWAY
Ii BOULEVARD CROSSING.
i
BE IT RESOLVED by the Governing Body of the City of Salina.
'I Kansas:
Section 1. That the Mayor is hereby authorized to execute. and the
'; City Clerk to attest, a license agreement between the City of Salina and the
Ii Missouri Pacific Railroad Company I a Delaware corporation, for the installation of
rubber crossings at the South Broadway Boulevard crossing. at grade, along,
over and across the railroad's main line tracks and right-of-way at Mile Post
i 497.68 DOT No. 429 004S in Salina, Saline County, Kansas.
Adopted by the Board of Commissioners and signed by the Mayor this
16th day of October. 1989.
Joseph A. Warner, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever. City Clerk