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HomeMy WebLinkAboutResolution 1987-029 RESOLUTION NO. 87-29 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the agreement between the City of North Richland Hills and Southern Pacific Transportation Company, a copy of which is attached to this resolution, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this 12th day of October, 1987. APPROVED: AM CcM Mayor ATTEST: ~~¿ . . d! ¿1' -J..t.<J ty Secretary APPROVED AS TO FORM AND LEGALITY: Attor~ AGREEMENT WHEREAS, the City of North Richland Hills, Texas (called City) Southern Pacific Transportation Company and St. Louis Southwestern Railway Company (called Railroads), entered into an agreement for the construction of a railroad crossing over an extension of Fox Hollow Lane on January 29, 1974; and WHEREAS, the Railroads constructed a railroad crossing over Rufe Snow Drive in North Richland Hills pursuant to another contract between the parties; and WHEREAS, a controversy has arisen concerning the payment for the Rufe Snow crossing and concerning the êonstruction of the Fox Hollow Lane crossing; and WHEREAS, the parties hereto wish to lay at rest the controversy and settle their differences in connection with both crossings. THEREFORE: 1. The City agrees to pay an additional $25,840.UU for the cantilevered signals at said Fox Hollow crossing, said additional cost being attributable to widening of the crossing from the original plans. The City also agrees to pay an additional $1,414.00 to widen the planking at said crossing. In addition, the City agrees to pay the sum of $10,487.50 toward the cost of the Fox Hollow Crossing. The balance of the cost of the Fox Hollow Lane crossing shall be borne by the Railroads. 2. The construction of the Fox Hollow crossing shall be in accordance with the terms and conditions of the Railways Standard Roadway Easement Agreement, copy of which is attached hereto and marked as exhibit "A" this roadway agreement shall replace and supersede the 1974 agreement between the parties regarding the construction of the crossing. 3. The City agrees to pay the Railroads the sum of $71,413.84 for the Rufe Snow Crossing and to waive any offset it claims in connection with the Rufe Snow crossing surface. 4. The Railroads agree that the Ci ty may construct and maintain a drainage facility along the north side of its right- of-way between RR Stat. 7603+45 and RR Stat. 7623+95 in the City of North Richland Hills, Texas as shown on the plans that are on file with the Railroads a copy of which is attached hereto. Construction of the drainage facility shall be in accordance with the terms and and conditions of the Railroad Standard License Agreement, a copy of which is attached hereto and marked exhibit "B". 5. The City's payment called for in Paragraph 1 hereof shall be paid þy the City within ten (10) days of the execution of this agreement. The payment called for in Paragraph 3 hereof shall be paid within ten (lO) days after the Railroads commences construction of the Fox Hollow Lane crossing. EXECUTED THIS day of , 1987. SOUTHERN PACInc TRANSPORTATION COMPANY &~ CITY OF NORTH RICHLAND HILLS