HomeMy WebLinkAbout05586ORDINANCE NO. 5586
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND THE CITY OF PUEBLO RELATING TO THE 18TH
STREET BRIDGE AND AUTHORIZING EXECUTION OF SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
gPr'TTr)M 1
The Agreement between the Atchison, Topeka and the Santa Fe
Railway Company and the City of Pueblo dated February 26, 1990, a
true copy of which is attached hereto as Exhibit A, having been
approved as to form by the City Attorney, be and hereby is
approved.
cFrTTr)M 7
The President of the City Council is authorized and directed
to execute the Agreement for and on behalf of the City and the
City Clerk is directed to affix the seal of the City thereto and
attest same.
INTRODUCED: February 12, 1990
By Dr. Gilbert Garbiso
Councilman
ATTEST: APPRO D:
Cit Clerk Pr dent of the City Counci
C �V e ,, "f � / MAY 4 1990
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P"" c om", co of Ato
THIS AGREEMENT
1990 by and betwee
(hereinafter "City"
Company, a Delaware
' /�/ ? bn(, 2497 PA1;E 512
AGREEMENT
is made and entered this 26th day of February,
n the City of Pueblo, a Municipal Corporation
and The Atchison, Topeka and Santa Fe Railway
corporation (hereinafter "the Santa Fe ").
WHEREAS, City has submitted an application with the Public
Utilities Commission of the State of Colorado, Docket No. 89A-
557R, seeking authority to replace the 18th Street Bridge over -
passing tracks of the Santa Fe at Milepost 621.20 ( "Application ")
and for allocation of the costs thereof; and
WHEREAS, the replacement of said bridge is necessary and
results in benefits to the Santa Fe and to the City for the
benefit of the public; and
WHEREAS, the parties hereto have reached agreement concerning
the construction, operation and maintenance of the railroad cross-
ing, including the allocation of costs and responsibilities;
NOW, THEREFORE, in consideration of the foregoing recitals
and the terms and conditions set forth hereinbelow, the parties
agree as follows:
1. The bridge structure and facilities contemplated by the
plans, drawings and specifications prepared by Centennial Engi-
neering, Inc. for City Project No. 89 -25 constitutute reasonably
adequate facilities for the 18th Street Crossing.
2. City shall cause the bridge structure to be constructed
in substantial conformance with the aforesaid plans, drawings and
specifications over rights of way and property of the Santa Fe and
of the City.
3. The parties agree that City has heretofore given, and
the Santa Fe has received, sufficient payment and consideration
for lands and rights of way of the Santa Fe which are necessary or
desirable for the construction, operation and maintenance of the
bridge facilities. The Santa Fe grants City the right in perpetu-
ity to use all such lands and rights of way of the Santa Fe for
the purposes of construction, repair, reconstruction, operation,
use and maintenance of the bridge facilities as outlined in red on
Exhibit "A" attached hereto. Any other lands and rights of way
necessary for the bridge structure and facilities, and not already
held by the Santa Fe or City, shall be acquired and provided by
City.
4. The grant to City of any railroad rights of way by the
Santa Fe for purposes of construction, operation and maintenance
of the bridge structure and facilities, which rights of way or
portions thereof may not be continuously and exclusively necessary
for such structure and facilities, is non - exclusive, and the Santa
BOOK x-197 PAGE �1� -4
Fe reserves the right to use the same for railroad purposes and
for other uses which will not conflict with the maintenance and
use of the bridge structure and facilities and roadway located
thereon.
5. During construction and at other times when construction
or repair work is performed on or within the Santa Fe's tracks or
rights of way, City shall require any contractor employed in the
work to:
(a) notify the Santa Fe at least 72 hours in advance of
commencing any operations which require protective services
and 48 hours in advance of discontinuance of such protective
services;
(b) secure and maintain policies of insurance, and
furnish to the Santa Fe certificates evidencing same, which
provide the coverages described in FHPM 6- 6 -2 -2. Contrac-
tor's Public Liability Insurance covering contractor and all
subcontractors shall have limits of not less than One Million
Dollars ($1,000,000) for all damages arising out of injury to
or destruction of property in any one occurrence and subject
to that limit per occurrence, an aggregate limit of Two
Million Dollars ($2,000,000). Contractor shall also secure
and maintain Railroad Protective Public Liability and
Property Damage Insurance providing a combined single limit
for personal injury, including death, and property damage of
Two Million Dollars ($2,000,000) per occurrence with an
aggregate limit of Six Million Dollars ($6,000,000) for the
term of the policy.
(c) promptly reimburse the Santa Fe for the cost of all
services, including flagging and protective services and
materials supplied and railroad work performed for the City's
contractor.
6. The Santa Fe agrees that the costs of the crossing, as
set forth in the Application, are necessarily incurred for the
bridge structure and facilities and it further agrees to reimburse
the City in the amount of $480,000 to be due and payable on
January 2, 1991, as its fair and reasonable apportionment of said
costs.
7. Following completion of construction of the bridge
structure and facilities, the City shall at its expense thereafter
maintain the overpass and roadway in its entirety. These mainte-
nance requirements do not impose upon the City any responsibility
for care or maintenance of pre - existing drainage conditions not
substantially altered by the construction, nor for care or
maintenance of the Santa Fe's roadbed, tracks and appurtenances.
8. After execution, this Agreement shall be submitted to
the Public Utilities Commission as a late -filed exhibit and shall
become effective as of the date of such filing.
-2-
BOOK,��97 PAC E�5 — f.-2 - 6
9. , All of the covenants and provisions hereof shall inure
to the benefit of and be binding upon the parties hereto, their
successors and assigns.
10. This Agreement constitutes the entire and complete
agreement of the parties concerning the bridge structure and
facilities and supersedes all prior oral or written agreements,
understandings or representations related thereto.
11. This Agreement is executed in multiple identical
counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the parties hereto have caused these
; .presents to be executed by their duly authorized officers the day
E and:ear. above written.
T a
T i t l e : _ ASSISTANT SECRETARY
CITY OF PUEBLO,
a Muni ipal Corporation
By
� , D. 'Zi,
Pre64-eYent of the City Council
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
By
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4tle: Gen. Di Adm. Serv. .
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