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HomeMy WebLinkAbout166ai SECRETARY'S CONTRACT NO. .......... T&I ATC TOPI A AND SANTA FA- RAII:WAY COMPANY and 'T` tn� CITY OF I'UXITI [.Cw Ad Zt re Dry Creek Brig at Pueblo t Colo" redo. r r • • • • • • • • • • WHEREAS, because of the construction work required to be done in the execution of the flood prevention plan of The Pueblo Conservancy District,, it has become necessary to tear down and remove the city bridge over Dry Creek at Eleventh Street in the City of Pueblo, and to construct a new bridge over said Dry Creek, and WHEREAS, said new bridge can be more conveniently and cheaply built by Pueblo if it is joined physically to the bridge of The Atchison, Topeka and Santa Fe Railway Com- pany to be constructed over Dry Creek by The Pueblo Conser- vancy District, so that the piers or supports on the Northerly side of the railway bridge can be utilized as supports for the Southerly side of the highway bridge, and WHEREAS, the said railway boAkpany is willing to allow the city to build the approaches for said bridge over the right of way of the said railway company in the vicinity of the said Dry Creek, and to join said city structure onto the said railway structure, and WUREAS, a proposed contract in accordance there- with has been submitted to the Council of Pueblo by said The Atchison, Topeka and Santa Ye Railway Company, which said proposed contract is in words and substance as follows, to -wit ; t THIS AG ITT, executed, in duplicate, this day of ..(/ - �i� e�L .182#, by and between THE ATCT - ISON, TOPIXA AND SANTA FE RAILWAY COMPANY", a Kansas corporation, hereinafter called the "Railway Company ", and THE CITY OF PmLo, s mvi eipal, aerpomtion of "t State of Color , hereinafter sAlleed the "City's, R B C I T AID S z The City desires to construct a new highway bridge across Dry Creek,. near the westerly boundary of the City, This bridge can be more conveniently and cheaply built by the City if it is joined physically to the bridge of the Railway Company to be constructed over Dry Creek for it by the Conservancy Dtistrict so that the piors or supports on the northerly aide of the rail- road "bridge can be utilised as supports for the southerly side of the highway bridge. Such construction is solely for the benefit of the City and of no benefit to the Railway Company. The W - 'say Company is willing to allow the City to build its approsebas ever .the right of wary of thee Railway Company in the vicinity of the Dry Creek Bridge and to join its structure or bridge onto the railroad structure or bridge, providing the City will pro- toot the Railway Company from and against all loss and expe that results from the presence of such highway bridge that other* wise would not have been not by the Railway Company # including the possibility of the Railway Company needing to expand its fa- oilltios and widen its bridge or *hangs the location of the same f I I • 2w at Dry Creek. The City. is willing to protect the Railway Company from ail expen.ses loss or damage occasioned by the presence of its highway bridge because of the benefits to the City arising from such construction, In consideration of the premises and of the undertake, ings herein on the part of the City, and the faithful performance of the same, and upon the conditions hereinafter set forth, the Railway Company hereby grants, licenses and permits the City to enter upon the "equivalent right of " to be granted by the Pueblo Conservancy District to the Railway Company in exchange for a part of its present right of way over and in the vicinity of Dry Creek. such right of way being one hundred (100) feet in width, and to construct.thereon and thereover,, along, over or near the dikes of the Conservancy District, as the Conservancy District W permit and agree, approaches to its highway bridge and the city street or highway, and to build its highway bridge upon such right of way and immediately north of and joined to the railroad bridge to be constructed over Dry Creek by the Con- servancy District for the Railway Company, and to make such bridges, for railroad and highway, one physical structure; Pro- vided, however, that the plans for and design.of such combined bridge and of the joining of the highway bridge to the railroad bridge are approved by the Engineering Departments of the Rail- way Company and of the Conservancy District, 0 r L _3_ The City, in consideration of such grant of rights, agrees as follows; 1. That it will build its highway bridge upon the right of way of the Railway Company only according to the de- sign and plans and at the location approved by ,the Railway Cora.. pang and the Conservancy District; and such highway bridge shall be constructed at the sole expense and risk of the City. 2. That it will arrange with the Conservancy District for any redesigning and different construction of girders, piers or other parts of the proposed railroad bridge made necessary to allow the Joining of the highway bridge to said railroad bridge without any charge therefor against the Railway Company. 3. That it will make all necessary agreements and obtain all necessary rights from the Pueblo Conservancy District for the construction of said highway bridge and its approaches over, across and in the vicinity of the dikes, retardation basis and works of the said Conservancy Districts and will save harm- less the Railway Company from any demands or claims oni the part of the said District for or on account or interference with said works of the District or the efficient operation thereof, in so far as such interference grows out of constructions or acts of the City upon or over the right of way of the Railway Company and concerns the facilities of the District upon such right of way. e � I I • 4•- 4. That it will maintain its highway bridge and the approaches thereof at its own sole expense and risk„ 3. That it hereby releases the Railway Company from any and all liability, claim or demand on the part of the City for damage that may b• hereafter done to the highway bridge Irrespective of how such damage way be eaused, whether by negli. gent operation of trains, improper maintenance of the railroad bridge or tracks or appurtenances, or oth 6. That it hereby assumes and agrees to pay for and an b ehalf of the Railway Company any and all judgment obtained or rendered agalimt, the Railway Company by on the part of, or in favor of travelers on or users of the City highway, appro has sad highway bridge over and upon the right of way of the Rail we r Company, and based upon a caus of motion arising from any soci. dent, loss, death or damage occurring or res ulting from any er. r- rues can said bl~ bri.dgo or upon the h1Xhwgy ecalapp€oacluM tht roto upon the right of wad of the palls GONVaWl. ft*Vi ed that the nsg. igeno on tho part of *,her Away CompW or Its so- ploy*es from which any such judgment shall be founded shall not bs willful, and provided the Railway Company dull g i et the City reasonable nsti.eae of the pendeneay of the adtion and opportlitsity to defend or assist in the defense of the same. 7. That it will use its best efforts and oxeroiss its pow*rs, by ordinance or otherwise, to prevent any overloading of said highway bridge, and that it will bear the cost of a0y damage or reaonstrustion resulting from or read* nositseary by the oXerloado.► t -5- ing., faulty design. or Improper maintenance of the highway bridge, or by the failure thereof from any cause, and will bear the cost of any damage thus occasioned to the railroad bridge. 8. 'That, in the event the Railway Company hereaf- ter in good faith plans a rebuilding of the r"Iroad 'bridge for the purpose of mason" ating more than the one track for which it is now to be constructed. or because it is obliged to change. relocate or reconstruct said railroad bridge for any purpose oonnocted with the operation and needs of said railroad and if the Railway Company In actually about to engage in any such re- building, enlargement, change, relocation or reconstruction of said railroad bridge. the City will bear the entire expense of the removal of its highway bridge constructed pursuant to this agreement upon the right of way of the Railway Coftp , and wiU bear any and all expense* in connection with the removal of its bridge or in connection with the modif spat on„ redesigning, V-0- buil ding or aeesnstruetion of the new changed or ealarget ra • road bridge in so far as such expenses are the direet result of the presence of the highway bridge and its construction upon the right of way of the Railway Company and its being joined to the railroad bridge and in so far as such expenses would not have arisen if the highway bridge and approaches had not been placed upon such right of way. 9. It is further agreed between the parties that, in the event of such rebuildij k S, relocation, change, reconstruction or enlargement of the railroad bridge, the questions of design, rebuilding and relocation of a new or reconstructed highway rl f 006- bridge shall be subject to the then further agreement of the parties; but the Railway Company hereby agrees and binds it- self to grant to the City, if the City so desires at that time, e the right to again attach a new or reconstructed highway bridge to the new, rebooted, changed or enlarged railroad bridge, with the understanding that the City shall bear all wMen4 #s which would not otherwise have been experienced by the Railway Company, resulting then or thereafter on account of such joining of said highway bridge to the railroad bridge and under and pursuant to an agreement containing terms and conditions substantially iden- tical with the ones contained in this present agreement. IN '11T NESS WHRREOF, the parties hereto have caused this agreement to be executed in duplicate the day and year first &boy* written. THE ATCHISON, TO SANTA FA RAIIVAY COMPANY, By. THA CITY OF PUEBLO, By ident of Council. ATTEST: City Clerk. R STAT A OF COLORADO, County of Pueblo. i City of Pueblo, a j Stater of Colorado.# the C � other, proceedings .:% ss City Cl ork of the sunicipal ctorporationand charter city of the hereby certify that at a regular meeting of City of Pueblo, held on the ' day of A. D. 1924, the fo lowing, among were had and took place, as shown by the sin• mtea and records of said Commissioner Introduced, read and mo and resolution: t: the adoption the following proamble 0 W.'HERBAS, because of the construction work required to be done in the execution of the flood pre- vention plan of The Pueblo Conservancy District, it has become necessary to tear down and remove the city bridge. over Ivry Creek at Eleventh Street in the City of Pueblo and to construct a new bridge over said Dry Greek, and OVMRW, said new bridge can be more conven- i ently and cheaply built by Puebla if it is joined physi- cally to the bridge of The Atchison To peka and Santa ?e Railway Company to be constructed over Dry Creek by The Pueblo Conservancy District, so that the piers or supports on the Northerly side of the railway bridge can be utilised s supports for the Southerly side of the highway bridge, an d 0 1HRREAS, the said Railway Company is willing to allow the city to build the approaches for said bridge over the right of way of the said railway eompamW in the vicin- ity of the said Dry Creek, and to join said city structure onto the said railway structure, and 14 WHEREAS, a proposed contract in accordance therewith has been submitted to the Council of Pueblo by said The Atchison, Topeka and Santa Fe Railway Company. wheh said proposed col aot is in words and substance as follows, to -wit: (Here follows the contract verbatim) r A. . ..86. "An ' MM , said prgpbsed contract is satisfactory to the ounailmn form and in substanoop "NOW, THBRBP4RB, BE IT RESOLVED BY THE COUNCIL OF PWYXO:, That said contract be adopted ratified and a pro4ed, and that the President o the Council and the City Clerk be and they are hereb directed and authorizedt to execute said oontraat on behal of pueblo." Said motion was seconded and upon vote taken unani- mously carried., and said resolution was adopted b the Council of the City of Pueblo on the f day of , 1924 and was deolared adopted on uch date. IM +CITRUS VMRBOF, I have hereunto get my hand and the seal of t e said City of Pueblo, Colorado # this day of A. D. 1924. City C ark of the City of Puebla. BHR; W; and WHEREAS, said proposed contract is satisfactory to the Council in form and in substance, NOW, THEIE&FO. BE IT .iESOLVED BY THE COUNCIL OF PUL3L0: That said contract be adopted, ratified and approved, and that the President of the Council and the City Clerk be, and they are hereby, directed and authorized to execute said contract on behalf of Pueblo& 0Z'j--N Xr Introduced 1924 ATTEST: ity Clerk.