Ohio Street Crossing Improvements (3)UPOHIO.PX
THIS AGREEMENT, executed in duplicate this _____ day of
19_, by and between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter the "Railroad"), and CITY OF SALINA, a municipal corpo-
ration of the State of Kansas (hereinafter the "Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the
existing Ohio Avenue crossing, at grade, along, over and across
the Railroad's Main Line tracks and right of way at Mile Post
185.23 DOT No. 818 384A 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
the existing prefab crossing(s) and (b) install 5 -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 Ohio Avenue Mile
Post 185.23 in Salina, Saline County, Kansas, as shown generally on
Railroad's Print dated April 20, 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 replace-
ment 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 barri-
cades, lights and flagmen or traffic control devices necessary for
detouring vehicular traffic for complete closure at the crossing.
V. The city further agrees to allow the Railroad to drain the cross-
ing 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 trans-
ferred 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 agree-
ment.
VIII. The Political Body shall, when returning this agreement to the
Railroad (signed), cause same to be accompanied by such Order, Resolu-
tion, 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.
ATTEST:
City Clerk
Date 9/11/89
(Seal)
UNION PACIFIC RAILROAD COMPANY
Gen -Director, Contracts & Real Estate
CITY OF SALINA
By
Mayor
Date 9/11/89
Pursuant to Resolution 89-4121
dated September 11, 1989,
hereto attached.
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CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE TIME
9/11/89 4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 Engineering AGENDA.
ITEM
N0. 6
By: Don Hoff BY:
Resolution Number 89-4121, authorizing the Mayor to execute and the City Clerk
to attest a license agreement between the City of Salina and the Union Pacific
Railroad Company, a Utah corporation, for the improvement of the Ohio Street
crossing.
The Union Pacific Railroad has submitted a license agreement covering certain
proposed railroad crossing improvements on Ohio Street. These improvements
involve the installation of five (5) rubber crossings on Ohio Street between
Pacific Street and North 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
5 Union Pacific Railroad crossings, 3 Missouri Pacific Railroad crossings and 1
Santa Fe 'Railroad crossings. A schedule for the installation of all rubber
crossings will be submitted by the three .railroad companies at a later date. Ohio
Street will be closed to facilitate the installation of the new crossings which will
involve asphalt overlays at the approaches to achieve a good riding surface.
Recommended action
Adopt Resolution Number 89-4121 authorizing the Mayor to execute the license
agreement.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
RESOLUTION NUMBER 89-4121
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF
SALINA AND THE UNION PACIFIC RAILROAD COMPANY, A UTAH
CORPORATION, FOR THE IMPROVEMENT OF THE OHIO STREET CROSSING.
BE IT RESOLVED by the Governing Body of the City of Salina,
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
Union Pacific Railroad Company, a Utah corporation, for the installation of
rubber crossings at the Ohio Street crossing, at grade, along, over and across
the railroad's main line tracks and right-of-way at Mile Post 185.23 DOT No.
818 384A in Salina, Saline County, Kansas.
Adopted by the Board of Commissioners and signed by the Mayor this
11th day of September, 1989.
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk
r
Joseph A. Warner, Mayor