Ordinance No. 2,710U
90 9 -4
9 1
ORDINANCE NO. 2710
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO AN AGREEMENT BETWEEN MISSOURI PACIFIC RAILROAD
COMPANY, THE STATE OF TEXAS, AND THE CITY OF BAYTOWN
FOR RAILROAD SIGNALIZATION ON OAK STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement
between Missouri Pacific Railroad Company, the State of
Texas, and the City of Baytown for railroad signalization on
Oak Street. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents
and purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSEL` by the affirmative vote of
the City Council this 9th day of August 1979.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
Tmx/
SCOTT BOUN , City Attorney
• iUTTO, Mayor
STATE OF TEXAS x
COUNTY OF TRAVIS X
90 9 -4b
Harris County
Project RRO OOOS (34)
Control 912 -71 -46
Oak Street
In Baytown.
DOT No. 427 331V
THIS AGREEMENT, made this day of
19 , by and between the State of Texas, acting by and through the
Bridge Engineer of the State Department of Highways and Public Transpor-
tation, hereinafter called the "State," Party of the First Part, and
the Missouri Pacific Railroad Company
a corporation, hereinafter, whether one or more, called the "company,"
Party of the Second Part, acting by and through
its ,
and the City of Baytown ,
Texas,•hereinafter called the "political subdivision," Party of the
® Third Part, acting by and through its duly authorized contracting of-
ficers.
W I T N E S S E T H
WHEREAS, Oak Street
crosses the railroad
line of the company at Railroad Milepost 32.30, in Baytown, Harris
County, Texas,
and the State and the political subdivision propose to install grade
crossing warning systems 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
Federal -Aid participation and such work is administered by the State,
and
WHEREAS, the State has approved a program of work which includes
this project, and
WHEREAS, it is understood that references to the "State" hereinafter
apply to obligations and considerations during project coris.truction, and
that references to the political subdivision hereinafter apply to con-
tinuing obligations 'and considerations after completion of the project.
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A G R E E M E N T
90 # -4c
® 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 company hereby gives to the State and the political sub-
division permission to install the grade crossing warning systems and
to use the crossing at the intersection of the railroad and street or
road as shown on Exhibit "A."
2. It is agreed that all existing agreements between the company
and the political subdivision 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
company from operating its trains across the land over which permission
has been given. It is expressly agreed that no legal right of the
company to maintain, use, locate, align, realign and relocate the rail-
road track now located across the premises, and to construct and there-
after maintain, use and relocate any additional track or tracks, or other
facilities, as it may desire, across said street or road at said inter-
sections shall be in anywise affected by the giving of this permission,
subject, however, to the provisions of paragraph 8 hereof. In the event
of any such changes the company shall restore the street or road to a
proper condition for the use of the traveling public to the satisfaction
of the political subdivision.
4. The company and the State agree jointly to prepare plans and
estimates based upon specifications approved by the company and the
State for the proposed grade crossing warning systems. After having
been approved in writing by the company, the State, and the political
subdivision, said plans, specifications and estimates covering the instal-
lation of said warning systems shall be.attached hereto marked "Exhibit B"
and made a part hereof. No changes in the Exhibit "B" are to be made
without written approval of such changes by the company, the State, and
the political subdivision.
5. The 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 XK
located upon the company's right -of -way, which may be displaced or re-
quired by the construction of the project, as may be necessary to main-
tain continuous service and conform them to said construction and restore
Warning System, D -5RR
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y
90#�4d
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 company,
® shall be shown on the said plans. The 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 .grade crossing
warning systems are to be furnished by the company. Said materials are
to be of the kind and quality as described or shown on the plans, speci-
fications and estimates. The company will furnish to the State a detailed
estimate of all items needed in connection with the proposed installation.
7. The company shall install materials to be furnished by it and
shall do other work as required to put such grade crossing warning systems
into operation in accordance with Exhibit "B."
8. The company shall maintain and operate the grade crossing warning
systems 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 opera-
tion of said warning systems without the written approval of the State
and the political subdivision. In future maintenance painting, the
company agrees to retain the painting color combination as accepted at
the time.of installation, unless otherwise agreed upon in writing by
the company and the political subdivision.
9. If the crossing of the street or road and railroad as shown on
Exhibits "A" and "B ".is'ever abandoned, the grade crossing warning sys-
tems installed under this contract shall not be removed by the company
to any point other than that which might be approved by the political
subdivision.
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 company to check or verify the
accuracy of any work performed shall be without expense to the State or
the political subdivision.
11. The 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 under-
taken by the company which is performed at the site of the project
Warning System D -5RR
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90809-4t
® prior to the issuance of such work order by the State. This does not
apply to the assembly at the railroad stores or loading points of ma-
terials which might be.used on the project. Such assembly may be under-
taken 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 company.
12. Reimbursement to the company will be made for work performed
and materials furnished, including but not limited to, insurance pre -
miums and coverage at the rate and amount set forth in the approved
cost estimate attached, in accordance with the provisions of Federal-
Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by
the Federal Highway Administration on April 25, 1975, and amendments
thereto except as modified by the provisions herein.
13. Upon satisfactory completion of the work performed by the
company under this agreement and receipt of final and complete billing
in proper form the State shall compile the project cost. Subsequent
® to the audit the State will make final payment to the 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 company, the
State and the political subdivision will not be responsible for any
expense incident to any cost incurred in connection with any provision
of this contract.
15. It is agreed that the cost of this project will be borne as
follows:
a. The company will not be required to contribute toward
the construction of the project but will be required to maintain the
installation upon completion.
b. The political subdivision will contribute 5% toward the
® total estimated cost of the project and will maintain any advance
warning signs and /or pavement markings as may be installed under this
agreement. The political subdivision will furnish the State a check
in the amount of 5% of the estimated cost of the project upon request
from the State.
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v
080
C. The State will contribute the remaining cost of the
project in the approximate amount of 95/.
16. The company shall retain all records for auditing purposes
for a period of three years after payment of the final bill.
17. All provisions concerning the State which are stipulated
herein shall automatically cease and terminate upon official comple-
tion of the project and payment of the final bill.
18. The State expects to be reimbursed for its expenditures here-
under from funds provided by the United States Government. Such reim-
bursement can only be obtained by the State by compliance with the
statutes, rules and regulations from time to time enacted and promul-
gated by the United States Government and its Federal Highway Adminis-
tration. In case such statutes, rules or regulations shall hereafter
be altered or amended in such manner as to affect the State's right to
such reimbursement or funds from which this construction is proposed
are not available, the State reserves the right to cancel this agree-
ment at any time prior to the actual letting of a contract by the State
hereunder.
19. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the company (referred to as
the "contractor" in the following paragraphs numbered 1 through 6), for
itself, its assignees and successors in interest, agrees to comply with
the following six paragraphs except in those instances where work under-
taken under this agreement is performed by its own forces.
(1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination
in federally- assisted programs of the Department of Commerce (Title 15,
Code of Federal Regulations, Part 8, hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work per -
formed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin
Warning System D -5RR
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909 -49
in the selection and retention of subcontractors, including procure-
ments of materials and leases of equipment. The contractor will not
® participate either directly or indirectly in the discrimination pro-
hibited by Section 8.4 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix A -II of the
Regulations.
(3) Solicitations for Subcontract, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor .
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
®determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and
instructions.' Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State, or the Federal
Highway Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited to,
(a) withholding of payments to the contractor under the contract until
the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole
® or in part.
(6) Incorporation of Provisions: The contractor will include the
provisions of paragraphs (1) through (6) in every subcontract, in-
cluding procurements of materials and leases of equipment, unless exempt
by the Regulations, order, or instructions issued pursuant thereto. The
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� �.sp
9080.9 -4h
contractor will take such action with respect to any subcontract or
procurements as.the State or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a contractor,
becomes involved in, or is threatened with, litigation with a sub -
contractor or supplier_ as a result of such direction, the contractor
may request the State to enter into such litigation to protect the
interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests
of the United States.
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C
90809 -4i
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in triplicate on the day above stated.
MISSOURI PACIFIC RAILROAD COMPANY
B
r'Senior Mice President- 0peratiop
S cretary for Company
RECOMMENDED:
(Title)
�G� L
APPROVtD AS TOE FORM:
Attorney`s for Company // a7 _7f
APP ROVED
_5�sz_` °` - - --
CNiEF ENGIIYEE
CITY OF BAYTOWN
BY:
(Title)
® ATTEST:
(Seal)
(Title)
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THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies, or
work programs heretofore approved.
and authorized by the State Highway
and Public Transportation Commission:
Bv:
Bridge Engineer
Under authority of state Highway and
Public Transportation Commission
Minute Order No. 70104, dated June.20,
1975
RECOMMENDED FOR APPROVAL:
District Engineer
Supervising Office Engineer
D -5RR
Revised 3 -9 -78
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110
Harris County
Project RRO 000S (34)
Control 912-71-46
Oak Street
In Baytown
DOT No. 427 331V
STATE OF TEXAS X
COUNTY OF TRAVIS X
THIS AGREEMENT, made this 14th day of September
19 79 , by and between the State of Texas , acting by and through the
Bridge Engineer of the State Department of Highways and Public Transpor-
tation, hereinafter called the "State, " Party of the First Part, and
the Missouri Pacific Railroad Company
a corporation, hereinafter, whether one or more, called the "company, " ,
Party of the Second Part, acting by and through
R. K. Davidson its Senior Vice President Operation ,
and the City of Baytown
Texas , hereinafter called the "political subdivision, " Party of the
Third Part, acting by and through its duly authorized contracting of-
ficers .
WITNESSETH
WHEREAS , Oak Street
crosses the railroad
line of the company at Railroad Milepost 32 .30( in Baytown, Harris
County, Texas,
and the State and the political subdivision propose to install grade
crossing warning systems 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
Federal-Aid participation and such work is administered by the State,
and
WHEREAS , the State has approved a program of work which includes
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 political subdivision hereinafter apply to con-
tinuing obligations and considerations after completion of the project.
Warning Devices
Off Federal System D-5RR
1 Rev. 3-9-78
Ill
i
AGREEMENT
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 company hereby gives to the State and the political sub-
division permission to install the grade crossing warning systems and
to use the crossing at the intersection of the railroad and street or
road as shown on Exhibit "A."
2 . It is agreed that all existing agreements between the company
and the political subdivision 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
company from operating its trains across the land over which permission
has been given. It is expressly agreed that no legal right of the
company to maintain, use, locate, align, realign and relocate the rail-
road track now located across the premises, and to construct and there-
after maintain, use and relocate any additional track or tracks, or other
facilities, as it may desire, across said street or road at said inter-
section, shall be in anywise affected by the giving of this permission,
subject, however, to the provisions of paragraph 8 hereof. In the event
of any such changes the company shall restore the street or road to a
proper condition for the use of the traveling public to the satisfaction
of the political subdivision.
4 . The company and the State agree jointly to prepare plans and
estimates based upon specifications approved by the company and the
State for the proposed grade crossing warning systems . After having
been approved in writing by the company, the State, and the political
subdivision, said plans, specifications and estimates covering the instal-
lation of said warning systems shall be attached hereto marked "Exhibit B"
and made a part hereof. No changes in the Exhibit "B" are to be made
without written approval of such changes by the company, the State, and
the political subdivision.
5 . The 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 company' s right-of-way, which may be displaced or re-
quired by the construction of the project, as may be necessary to main-
tain continuous service and conform them to said construction and restore
Warning System D-5RR
Off Federal System 2 Revised 3-9-78
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 company,
shall be shown on the said plans. The 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 grade crossingg
warning systems are to be furnished by the company. Said materials are
to be of the kind and quality as described or shown on the plans, speci-
fications and estimates . The company will furnish to the State a detailed
es.4imate of all items needed in connection with the proposed installation.
7. The company shall install materials to be furnished by it and
shall do other work as required to put such grade crossing warning systems
into operation in accordance with Exhibit "B ."
8. The company shall maintain and operate the grade crossing warning
systems 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 opera-
tion of said warning systems without the written approval of the State
and the political subdivision. In future maintenance painting, the
company agrees to retain the painting color combination as accepted at
the time of installation, unless otherwise agreed upon in writing by
the company and the political subdivision.
9. If the crossing of the street or road and railroad as shown on
Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys-
tems installed under this contract shall not be removed by the company
to any point other than that which might be approved by the political
subdivision.
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 company to check or verify the
accuracy of any work performed shall be without expense to the State or
the political subdivision.
11. The 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 under-
taken by the company which is performed at the site of the project
Warning System D-5RR
Off Federal System 3 Revised 3-9-78
Ill
prior to the issuance of such work order by the State . This does not
apply to the assembly at the railroad stores or loading points of ma-
terials which might be used on the project. Such assembly may be under-
taken 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 company.
12 . Reimbursement to the company will be made for work performed
and materials furnished, including but not limited to, insurance pre-
miums and coverage at the rate and amount set forth in the approved
cost estimate attached, in accordance with the provisions of Federal-
Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by
the Federal Highway Administration on April 25 , 1975 , and amendments
thereto except as modified by the provisions herein.
13 . Upon satisfactory completion of the work performed by the
company under this agreement and receipt of final and complete billing
in proper form the State shall compile the project cost. Subsequent
to the audit the State will make final payment to the 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 company, the
State and the political subdivision will not be responsible for any
expense incident to any cost incurred in connection with any provision
of this contract.
15 . It is agreed that the cost of this project will be borne as
follows:
a . The company will not be required to contribute toward
the construction of the project but will be required to maintain the
installation upon completion.
b. The political subdivision will contribute 5% toward the
total estimated cost of the project and will maintain any advance
warning signs and/or pavement markings as may be installed under this
agreement. The political subdivision will furnish the State a check
in the amount of 5% of the estimated cost of the project upon request
from the State .
Warning System D-5RR
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J
III
c. The State will contribute the remaining cost of the
project in the approximate amount of 95/.
16. The company shall retain all records for auditing purposes
for a period of three years after payment of the final bill.
17 . All provisions concerning the State which are stipulated
herein shall automatically cease and terminate upon official comple-
tion of the project and payment of the final bill.
18. The State expects to be reimbursed for its expenditures here-
under from funds provided by the United States Government. Such reim-
bursement can only be obtained by the State by compliance with the
statutes, rules and regulations from time to time enacted and promul-
gated by the United States Government and its Federal Highway Adminis-
tration. In case such statutes, rules or regulations shall hereafter
be altered or amended in such manner as to affect the State ' s right to
such reimbursement or funds from which this construction is proposed
are not available, the State reserves the right to cancel this agree-
ment at any time prior to the actual letting of a contract by the State
hereunder.
19. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the company (referred to as
the "contractor" in the following paragraphs numbered 1 through 6) , for
itself, its assignees and successors in interest, agrees to comply with
the following six paragraphs except in those instances where work under-
taken under this agreement is performed by its own forces .
1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination
in federally-assisted programs of the Department of Commerce (Title 15,
Code of Federal Regulations, Part 8, hereinafter referred to as the
Regulations) , which are herein incorporated by reference and made a
part of this contract.
2) Nondiscrimination: The contractor, with regard to the work per-
formed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin
Warning System D-5RR
Off Federal System 5 Rev. 3-9-78
III
in the selection and retention of subcontractors, including procure-
ments of materials and leases of equipment. The contractor will not
participate either directly or indirectly in the discrimination pro-
hibited by Section 8.4 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix A-II of the
Regulations .
3) Solicitations for Subcontract, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor
of the contractor' s obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and
instructions . Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State, or the Federal
Highway Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
5) Sanctions for Noncompliance: In the event of the contractor' s
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited to,
a) withholding of payments to the contractor under the contract until
the contractor complies, and/or
b) cancellation, termination or suspension of the contract, in whole
or in part.
6) Incorporation of Provisions: The contractor will include the
provisions of paragraphs (1) through (6) in every subcontract, in-
cluding procurements of materials and leases of equipment, unless exempt
by the Regulations, order, or instructions issued pursuant thereto. The
Warning System D-5RR
Off Federal System 6 Revised 3-9-78
contractor will take such action with respect to any subcontract or
procurements as the State or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a contractor
becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the contractor
may request the State to enter into such litigation to protect the
interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests
of the United States .
Warning System D-5RR
Off Federal System 7 Revised 3-9-78
i
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in triplicate on the day above stated.
MISSOURI PACIFIC RAILROAD COMPANY THE STATE OF TEXAS
Certified as being executed for
nthe purpose and effect of acti-
By: r/ eating and/or carrying out the
Title) enfoc Vice President-Operation orders, established policies, or
work programs heretofore approved
ATTEST: and authorized by the State Highway
Seal) and Public Transportation Commission:
Assistant iecretary for Company By: 'Bridge1W4-
1--"-"44.4----
engineer
RECOMMENDED: Under authority of State Highway and
Public Transportation Commission
Minute Order No. 70104, dated June 20,
Title) 1975
APPROVED AS TO FORM:
RECOMMENDED FOR APP' • AL:
Attorneys for Company
District Engineer
CITY OF BAYTOWN Sup rvising Office Engineer
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