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RESOLUTION NO. 78-24
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH AUTHORIZING 5'~YOR AND
CLERK TO SIGN AGREEMENT WITH NORTH-
WESTERN PACIFIC RAILROAD FOR MODIFICA-
TION OF CLARA AVENUE CROSSING
WHEREAS, it is in the interest of the City to improve the
Clara Avenue railroad crossing,
NOW THEREFORE BE IT RESOLVED that the Mayor and Clerk are
hereby authorized to sign that certain agreement attached hereto
and made a part hereof between the City of Ukiah and the North-
western Pacific Railroad.
PASSED AND ADOPTED this 3rd day of August, 1977 by the
following roll call vote:
AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson
NOES: None
ABSENT: Councilman Wood
MAYOR
ATTEST
~I~¥- CLERK
-IAF -VI - 6/?!~/77 - 24479 "~21-2
5Iile Post 5-114.4-X(N)
THIS AGREE~I~T, made ibis 3rd day of August _ , 1977,
by and between NORTPSYESTERN PACIFIC RAILROAD CO~.'~AN%', a corporation, here-
in termed "Railroad" and CITY OF UKIAH, a municipal corporation of the
State of California, 203 South School Street, Ukiah, California 95482,
herein termed "City";
RECITALS:
The parties hereto desire to evidence by this instru-
ment their agreements with respect to the improvement of
grade crossing at Clara Street, Crossing No. 5-114.4,
Ukiah, California.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed as follows:
1. Installation of grade crossing signals shall be made under
separate agreement between Railroad and State of California, Department
of Transportation. Said signals shall be located approximately as indi-
cated on the'print of Railroad's Drawing D-4522 revised September .27, 1976,
attached and made a part hereof.
2. Railroad, at its expense, shall remove the existing crossing with-
in the track area, resurface the track and install track drains and timber
planking along the rails of the track through the existing portion of the
crossing area.
3. Railroad, at City's expense, shall install track drains and tim-
ber planking along the rails of the track through the widened portions
of the crossing, area. City agrees to reimburse Railroad for one hundred
percent (100%) of the cost and expense incurred by Railroad in connection
therewith.
4. Following execution of this instrument, Railroad will order the
delivery of all materials required to perform the work contemplated here-
in and shall submit to City a bill for eighty percent (80%) of City's
share of the estimated cost of materials to be furnished by Railroad.
As soon as the crossing surface has been placed in operation, Railroad
shall submit to City bills for eighty .percent (80%) of City's share of
the estimated cost of applicable labor furnished by Railroad, less the
progress payments made by City hereunder. City shall pay all of such
bills promptly.
In the event progress payments made by City exceed the audited total
final cost, the difference shall be promptly refunded to City by Railroad.
5. The work to be performed by Railroad hereunder shall be commenced
as soon as labor and materials are available, following execution of
this instrument, and shall be completed within one (1) year thereafter.
6. After in'stallation of said signals has been completed, .Rail-
road shall maintain same so long'as they re'main in place. Cost of main-
ta~ining 'said signals installed with federal funds shall be borne and
paid fifty percent (50%) by Railroad and fifty percent (50%) by City~
and City's liability for such maintenance costs shall be limited to
such funds as are set aside for allocation to the California Public
Utilities Commission pursuant to Section 1231.1 of the California
Public Utilities Code; provided that if federal funds for maintenance
become available, Railroad .shall be reimbursed io the extent of such
availability, but not less than fifty percent (50%) of the cost, with
City's liability for the remainder of the cost, with City's liability
for the remainder of the cost being as set forth above in this para-
graph.
7. Railroad, at its expense, shall maintain the portions of the
crossing lying within lines two (2) feet outside the rails of the tracks
located thereon. City, at its expense, shall maintain the remaining
portions of the crossing, together with all curbs, gutters, sidewalks
and other street facilities.
8. This agreement shall be binding upon and inure to the benefit
of thc successors and assigns of Railroad and the assigns of City.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
NORTtBVESTERN PACIFIC RAILROAD
COMPANY,
- (Title)
CITY OF UKIAH,
-- f Mayor
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