Ordinance No. 1,241r.
ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER
INTO A CONTRACT WITH THE STATE OF TEXAS AND SOUTHERN
PACIFIC TRANSPORTATION COMPANY; AND AUTHORIZING THE CITY
OF BAYTOWN TO PAY ONE THOUSAND NINE HUNDRED SIXTY -FIVE
AND NO /100 ($1,965.00) DOLLARS AS ITS SHARE OF THE
COSTS AND PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, there presently exists in the City of Baytown many dangerous
railroad crossings which require protection for vehicular traffic; and
WHEREAS, in order to assure that these crossings will be properly
signalized the City Council of the City of Baytown is willing for the City of
Baytown to bear a portion of the expense of the signalization of certain more
hazardous crossings; and
WHEREAS, a crossing at Airhart Street in Baytown, Texas, is one of
the more hazardous crossings; and
WHEREAS, the costs of a completely installed automatic protection
device at Airhart Street, in the City of Baytown is Nineteen Thousand Six
Hundred Fifty and No /100 ($19,650.00) Dollars; and
WHEREAS, the 1972 City- County Railroad Grade Crossing Protection Pro-
gram provides for participation by the City of Baytown, Southern Pacific Trans-
portation Company and the State Highway Commission: NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council hereby formally accepts the proposal
of Southern Pacific Transportation and the State Highway Commission to install
automatic protection devices at the grade crossing at Airhart Street in Baytown,
Texas, and to bear ten (10 %) percent of the costs of installation thereof.
Section 2: That the Mayor is authorized to execute and the City
Clerk to attest to the contract between the City of Baytown, Southern Pacific
Transportation Company, and the State of Texas for ten (10 %) percent of the
costs of installation, i.e., One Thousand Nine Hundred Sixty -Five and No /100
($1,965.00) Dollars, and authorizing payment of said amount to State Treasurer,
Account of Trust Fund No. 927. A copy of said contract being attached hereto
and incorporated by reference to this ordinance.
Section 3: This ordinance shall take effect from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council this 20th day of
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
June
,1972.
C. GLEN QALKER, Mayor
N . PFEN G, s ' tant tto
ity rney
NEE R C ARDSON, City Attorney
-2-
STATE OF 'TEXAS i
CO3JNTY OF TRAVIS �
Harris County
Project GRP 912 -9 -1
Airhart Street
Serial \o. 7308
THIS AGREEMENT, made this _ _ day of __ �, 19 , by and
between the State of Texas, hereinafter called. the "State," party of the First Part,
and the So>>t`iern Pacific Transportation Company
— -- , a corporation, hereinafter, whether
one or more, called the "railroad company," Party of the Second Part, acting by and
thxough its
and the City of Baytown ___, __ Barris -
County,,Texas, hereinafter called the "City," Party of the Third Part, acting by
and through its duly authorized contracting officers.
W I T N E S S E T H
WEiEREAS, Airhart Street
crosses the line of the rail-
road company at Railroad Milepost 22, in Baytown, Harris
County, Texas,
and t;►e State and the City propose to install automatic grade crossing protection
devices of the type and at the crossing as shown on print marked "Exhibit A,"
attached hereto and made a part hereof, and
WHEREAS, it has been determined that this work is eligible for State -Aid partici-
pation under the provisions of Senate Bill 11 of the Texas 62nd Legislature, and
WHERE�I%S,' the State Highway Commission has approved a program of work which in-
cludes this project, and
WHEREAS, it is understood that references to the "State" hereinafter apply to
obligations and considerations during project construction, and that references to
the City hereinafter apply to continuing obligations and considerations after
completion of the project.
A G R E E M E N T
NOW THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and performed,
as hereinafter set forth, it is agreed as follows:
1. The railroad company hereby gives to the State and the City permission to
install the automatic grade crossing protection devices and to use the crossing at
the intersection of the railroad and street or road as shown on Exhibit "A,"
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2. It is agreed that all existing agreements between the railroad company
and the City concerning licenses, permits, leases or easements at this location
shall remain in full force and effect.
3. The permission, given hereby, shall not in any way prevent the railroad
company from operating its trains across the land over which permission has been
given.' It is expressly agreed that no legal right of the railroad company to
maintain, use, locate, align, realign and relocate the railroad track now located
across the premises, and to construct and thereafter maintain, use and relocate
any additional track or tracks, or other facilities, as it may desire, across said
street or road at said intersection, shall be in anywise by the giving of this
permission, subject, however, to the provisions of paragraph 8 hereof. In the
event of any such changes the railroad company shall restore the street or road
to a proper condition for the use of the traveling public to the satisfaction of
the City.
4. The railroad company and the State agree jointly to prepare plans and
estimates based upon specifications approved by the railroad•company and-the
Bridge Engineer of the Texas Highway Department for the proposed automatic grade
crossing protection devices. After having been approved in writing by the rail-
road company, the Bridge Engineer of the Texas Highway Department, and the City,
said plans, specifications and estimates covering the installation of said protec-
tion devices shall be attached hereto marked Exhibit "B" and made a part hereof.
No changes in these plans, specifications and estimates are to be made without
written approval of such changes by the railroad company, the Bridge Engineer of
the Texas Highway Department, and the City.
5. The railroad company, unless otherwise provided, shall make such changes
or alterations, in the tracks, communication and signal, pole and wire lines, pipe
sewer and drainage or other facilities or buildings located upon the railroad
company's right -of -way, which may be displaced or required by the construction of
the project, as may be necessary to maintain continuous service and conform them
to said construction and restore them to.former condition for service either prior
to, during or following construction of said work, all of which, as far as known to
the railroad company, shall be shown on the said plans. The railroad company shall
prepare plans and estimates subject to approval by the State, for the adjustment of
such facilities. Such plans and estimates shall be attached hereto and made a part
of Exhibit "B." Any known work to be done, not shown on the plans and in the
estimates will not be paid for.
6. Materials required for the installation of the automatic grade crossing
protection devices are to be furnished by the -railroad company. Said materials
are to be of the kind and quality as described or shown on the plans, specifica-
tions and estimates. The railroad company will furnish to the State a detailed
estimate of all'items needed in connection with the proposed installation.
7. The railroad company shall install materials to be furnished by it and
shall do other work as required to put such automatic grade crossing protection
devices into operation in accordance with Exhibit "B."
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S. The railroad company shall maintain and operate the automatic grade
crossing protection devices as installed and in accordance with the design of
operation as shown on Exhibit "B." No changes are to be made in the design or
operation of said-protection devices without the written approval of the Bridge
Engineer of the Texas Highway Departi -cent and the City. In future maintenance
painting, the railroad company agrees to retain the painting color combinations
as accepted at the time of installation, unless otherwise agreed upon in writing
by the railroad company and the City.
9. If the crossing of the street or road and railroad as shown on Exhibits
"A" and "B" is ever abandoned, the automatic grade crossing protection devices
installed under this contract shall not be removed by the railroad company to any
point other than that which might be approved by the City.
10. The State agrees to furnish such construction stakes and /or elevations
as are required for the proper construction of the project. Any field engineering
performed by the railroad company to check or verify the accuracy of any work
performed shall be without expense to the State or the City.
11. The railroad company shall. commence the work to be done by it herein
within two weeks after receipt of written notice from the State that the work
may proceed and shall proceed diligently to the conclusion of its obligations
herein. Reimbursement will not be made for work undertaken by the railroad
company which is performed at the site of the project prior to the issuance of
such work order by tiie State. This does not apply to the assembly at the rail-
road snores or loading; points of materials which might be used on the project.
Such assembly may be undertaken sufficiently in advance to assure prompt delivery
but reimbursement for any materials or handling charges will be contingent upon
the issuance of a work order by the State to the railroad company.
12. Reimbursement to the railroad_ company will be made for work performed
and materials furnished, including but not limited to, insurance premiums and
coverage at the rate and amount set forth in the approved cost estimate attached,
in accordance with the provisions of Policy and Procedure Memorandum No. 30 -3
issued by the Federal Highway Administration on October 26, 1971, and amendments
thereto except as modified by the provisions herein.
13. Railroad and utility company bills.
a. The railroad company may submit monthly bills prepared in satisfactory
form for work performed in compliance with this agreement provided the cost to
be billed exceeds $500.00. Upon receipt of said monthly bills, the State will
make a payment to the railroad company. The amount of such payment may be up
to 90% of the cost of the work performed and as covered by said bill. Subsequent
to the final audit the State will make final payment to the railroad company
for work performed and materials furnished in accordance with this agreement
and approved plans and specifications and approved changes thereof.
b. In the event that the railroad company does not desire monthly pay-
ments, then upon satisfactory completion of the work performed by the railroad
company under this agreement and receipt of final and complete billing in proper form,
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Protection Device - City 3
the State shall make payment to the railroad company. The amount.of said
payment may be up to 90% of the cost of such work. Subsequent to the audit the
State will make final payment to the railroad company for work performed and
materials furnished in accordance with this agreement and approved plans and
specifications and approved changes thereof.
14. In the event that construction is not undertaken, or in the absence
of a work order being issued by the State to the railroad company, the State and
the City will not be responsible for any e:,pense incident to any cost incurred
in connection with any provision of this contract.
15. In accordance with Texas Highway Commission Minute Order 65317, dated
September 30, 1971, the cost of this project will be borne as.follows: _
a. The railroad company will contribute 10% toward the total cost of
the project and will maintain the installation upon completion. The contribution
will be collected by deduction from the final railroad force account bill.
b. The City will contribute 10% of the total estimated cost of the
project. Such contribution shall be in the hands of the State at or before the
time of transmittal of plans and estimate to the City. The City will maintain any
advance warning signs and /or pavement markings as may be installed under this
agreement.
C. The State will contribute the remaining cost of the project in the,
approximate amount of 80 %.
16. The railroad company shall retain all records for auditing purposes
for a period of three years after payment of the final bill, in accordance with
Federal Highway Administration Policy and Procedure Memorandum 30.9, issued
October 30, 1970.
17. All provisions concerning the State which are stipulated herein shall
automatically cease and terminate upon official completion of the project and
payment of the final bill.
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed in triplicate on the day above stated.
SOUTHERN PACIFIC TRANSPORTATION CO,'1PANY
B
ATTEST:
(Seal)
Asst: Se rotary for ompany
RE COMEND ED :
(Title) ij
(Title
APPROVED AS TO FORM:
Attorneys for Railroad Company ';y;,,_,--
CITY OF BAYTOWN
(Title)
ATTEST:
(Seal)
(Title)
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and /or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
the State Highway Commission:
By: _
Bridge Engineer
Under authority of Highway Commission
Minute Order No. 63933, dated-July 9, 1970
RECOMMNDED FOR APPROVAL:
District Engineer
Bridge Administrative Engineer
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