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Res 2051 11/22/1977RESOLUTION NO. ekrj1/ RESOLUTION APPROVING PUBLIC ROAD RAILROAD CROSSING RECONSTRUCTION AGREEMENT WITH FORT WORTH AND DENVER RAILWAY COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Fort Worth and Denver Railway Company concerning the reconstruction of the Lawrence Road railroad crossing is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 22nd day of November, 1977. i A Y O R 147 ATTEST: Fyn Ci y ClerkY G 5 / F \"d. & D. O'RIG. RECONSTRUCTION OF PUBLIC ROAD CROSSING r State of Texas City of Wichita Falls THIS AGREEMENT, made the 8th day of November, 1977, by and between the FORT WORTH AND DENVER RAILWAY COMPANY, a Texas Corporation, hereinafter called the "Railway", party of the first part, and the CITY OF WICHITA FALLS, hereinafter called the "City", party of the second part. W I T N E S S E T H: Whereas, Lawrence Road intersects the Railway's lead track at City's Engi- neering Station 5+29 as measured from the centerline of Call Field Road at Wichita Falls, County of Wichita, State of Texas, and the City proposes to reconstruct existing road crossing as shown on the print marked Exhibit "A" attached hereto and made a part of hereof. A G R E E M E N T: 1. No legal right which the Railway now has to reconstruct, maintain and operate its existing track or tracks and appurtenances or to construct, main- tain and operate an additional track or tracks and appurtenances upon and across said property, shall in anyway be affected by the signing of this agreement. 2. Upon completion of the work, the Railway shall bill the City and the City will pay to the Railway the cost of labor, material and expenses incurred. 3. The City reserves the right to cancel this agreement for any reason and at any time prior to proceeding with any part of the work outlined herein. 4. The Railway agrees at City's expense to perform the following work, as indicated on Exhibit "A" attached hereto and made a part hereof: 1 - r a) The Railway, at the expense of the City, will remove the existing crossing and install one (1) 56 linear feet of standard full depth plank prefabricated wooden crossing. b) The Railway agrees at City expense to remove the existing 40' x 18" x 20" timber drain box on the west side of Lawrence Road at City's Engi- neering Station 5+20.5. c) Reconstruct track or tracks, as the case may be, with secondhand 90# rail, new ties, spikes and Twin Mountain ballast, within the limits of Lawrence Road. 5. Work to be performed by the City or its Contractor at the expense of the City. a) Protect right-of-way and track or tracks, as the case may be, of Rail- way from surface drainage to the satisfaction of the Railway by the construc- tion and maintenance of adequate drain ditches, gutters and pipes, and by providing finished slopes draining away from tracks. b) Perform all grading, paving, curbs and gutters. 6. All work herein provided to be done by the City or its Contractor on Rail- way's right-of-way or in the vicinity of the Railway's track or tracks, shall be done in a manner satisfactory to the Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the move- ment of trains or traffic upon the track or tracks of the Railway. 7. The City shall require its Contractor to use all care and precaution to tracks or trainseto, or interference with Railway's traavoidaccidentordamagy and to notify the Railway forty eight (48) hours in advance whenever the Con- 2 tractor is about to perform work on or adjacent to its right-of-way and tracks, to enable the Railway to furnish all such flagging and protective service as in its judgment may be necessary to insure safety of Railway operations. The Railway shall have the right to furnish all such flagging and protective service as in its judgment may be necessary to insure safety of Railway operation, and the City shall reimburse the Railway for the cost thereof. 8. The Railway agrees to maintain at its expense the cross buck sign or signs as installed. The City agrees to maintain at its expense the advance warning railroad crossing signs, if any, as installed. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed, in duplicate, on the day above stated. ATTEST: FORT WORTH AND DENVER RAILWAY COMPANY By Secretary Asst. to President ATTEST: CIT SF WICHITA FALLS FORM:APPRO ED AS TO F 0 Attorney RECOMMENDED: 6.) Chief Engineer General Manager 3 -