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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 pm 91939 7 R gcootm 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 i 4tle: Gen. Di Adm. Serv. . 4 co V v � •., ��;� ,.• '� '�� Jj k AAI TF 34.13 -3-