R-807-9-87RESOLUTION NO. 807-9-87(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE
SOUTHERN PACIFIC TRANSPORTATION COMPANY CONCERN-
ING RECONSTRUCTION OF THE GRADE CROSSING AT
MAIN STREET IN THE CITY OF ALLEN, TEXAS.
WHEREAS, the City of Allen has recently improved Main
Street through reconstruction and beautification; and,
WHEREAS, the City of Allen wishes to upgrade the cond-
ition of the Main Street railroad crossing to match the
quality of the recently completed street improvements; and,
WHEREAS, the current condition of the Main Street rail-
road crossing is unsatisfactory, causing unsafe traffic
movements and uncomfortable rides; and,
WHEREAS, before any work can be completed by the company
on the railroad crossing, a contract must be executed between
the City and Southern Pacific Transportation Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
Section 1. The City Council authorizes the City Manager
to execute an agreement between the City of Allen and the
Southern Pacific Transportation Company and to pay the City's
share of the reconstruction of the grade crossing estimated
to be $69,475.
Section 2. The City Council directs that a copy of this
resolution be forwarded with the executed contract to -the
Southern Pacific Transportation Company.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3rd DAY OFSEPTEMBER .
1987.
APPROVED:
Donald P. Rodenbalugh, MAYi6R
ATTEST:
/ 1
Marty Hendrix, C , CITY SECRETARY
[RAF/bds - VI - 07/13/87 - scagr:8 - 73505/323-21
RELMIS: THD-288.51-X(N)
THIS AGREEMENT, made this Zo day of �2i�'z , 1987,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
corporation, herein termed "Railroad," and CITY OF ALLEN, a
municipal corporation of the State of Texas, herein termed "City";
RECITALS:
The parties hereto desire to evidence by this instrument
their agreements with respect to the rehabilitation of Main
Street, in the City of Allen, Texas (Crossing THD -288.51).
AGREEMENT:
1. Railroad shall provide the necessary labor, materials,
tools and equipment and shall perform the following work:
(a) remove existing crossing surface;
(b) prepare track, including relay of rail and ties; and
(c) install a rubber pad crossing.
City agrees to reimburse Railroad for one hundred (100) percent
of the cost and expense incurred by Railroad in furnishing materials
and performing work specified in this Section 1.
2. Railroad shall submit to City a bill for eighty percent
(80%) of the estimated cost to Railroad in performing work for
which City is obligated to reimburse Railroad hereunder upon
completion of such work, which bill City agrees to promptly pay.
Should the actual cost prove, upon completion of audit, to be more
or less than such estimated cost, the difference shall be promptly
paid by City or refunded by Railroad, as the case may be.
3. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available, following
execution of this instrument, and shall be completed within one (1)
year thereafter.
4. This agreement shall be binding upon and inure to the
benefit of the successors and assigns of Railroad and the assigns of
City.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
jY
By %� l/
j6WA-It—
(Title) Senior Manager
Contracts and Joint Facilities
CITY, OF ALLEN
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