Ordinance No. 14,797 ORDINANCE NO. 14,797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A SUPPLEMENTAL AGREEMENT TO THE PUBLIC HIGHWAY
AT-GRADE CROSSING IMPROVEMENT AGREEMENT WITH UNION PACIFIC
RAILROAD COMPANY TO UPDATE THE ANNUAL MAINTENANCE FEE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager to execute a Supplemental Agreement to the Public Highway At-Grade Crossing
Improvement Agreement with Union Pacific Railroad Company to update the annual maintenance fee. A
copy of said supplemental agreement is attached hereto as Exhibit"A"and incorporated herein for all intents
and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Union Pacific
Railroad Company in an amount not to exceed SIXTY THOUSAND SIX HUNDRED NINETY AND
NO/100 DOLLARS ($60,690.00)in accordance with the amendment authorized in Section I hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by �iNDON
"CAPETILLO,
ty Ca cil of the City of
Baytown this the 22"d day of July, 2021. `
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APPROVED AS TO '9 ••:OF
ICA_REKL_TT0fZNER, City Attorney
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Exhibit "A"
UNION PACIFIC RAILROAD COMPANY
SUPPLEMENTAL AGREEMENT BUILDING AMERICA
Form Appmed:AW-Law 01/2112013 _
UPRR Folder No.: 2529-19
UPRR Audit No.: 253447
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT(the"Supplement') is made as of the
day of 2021, by and between UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation ("Railroad") and the CITY OF BAYTOWN, a municipal corporation,
whose address is 2401 Market St., Baytown, Harris County, TX 77522 ("City").
RECITALS:
By Agreement dated August 17, 2015, identified in the records of the Railroad
Company as Folder No. 2592-19, Audit No. 253447 ("Original Agreement'), Union Pacific
Railroad Company and City of Baytown entered into an Agreement regarding the
reconstruction, maintenance, use, and operation of the North Main St. existing at-grade
road crossing DOT 762830G, and the installation of new or upgraded signals and/or signal
related equipment, located near Mile Post 26.55 on the Baytown Subdivision in or near
Baytown,Texas as shown on the Railroad Location Print attached the Original Agreement.
The AREMA Unit Statement provided under Exhibit C, which provided the annual
signal maintenance fee in the amount of$52,870 for the maintenance of the signals and
signal related equipment, which is required to be paid annually by the City pursuant to
Section 13 of the Original Agreement, is hereby replaced with a new Exhibit C AREMA Unit
Statement dated June 23, 2021 in the amount of$8670.
AGREEMENT:
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
SECTION 1 - ADDING THE EXHIBIT A SURVEY PRINT TO THE ORIGINAL
AGREEMENT
This Original agreement is hereby supplemented to remove the Exhibit C AREMA
Unit Statement dated Oct. 17, 2014, in the amount of$52,870, and replace with the new
Exhibit C AREMA Unit Statement dated June 23, 2021 , in the amount of$8670.
SECTION 2- AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Original Agreement, and nothing herein
contained shall be construed as amending or modifying the same except as herein
specifically provided.
Page 1 of 2
UNION PACIFIC RAILROAD COMPANY
SUPPLEMENTAL AGREEMENT BUILDING AMERICA
Form Approved:AVP•Law 01121/2 01 3
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be
executed in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)
By
DAVID C. LAPLANTE
Sr. Manager-Real Estate
CITY OF BAYTOWN
By
Printed Name:
Title:
Page 2 of 2
EXHIBIT C
To Supplemental Agreement
AREMA UNIT STATEMENT
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