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