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1780 RES CITY COUNCIL IS DESIROUS OF EFFECTING INSTALLATION OF FLASHING LIGHT SIGNS AT COLLEGIATE DRIVERESOLUTION N0, 1780 , WHEREAS, the City Council of the City of Paris has for the past several years been desirous of effecting the installation of flashing light signals at Collegiate Drive's crossing of the Missouri Pacific Railroad Company's right of way; and, WHEREAS, said Missouri Pacific Railroad Company is now ready to enter into a contract with the City of Paris for the installation of cantilever mounted flashing light signals at such crossing upon the terms and conditions and in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RE~OLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris with Missouri Pacific Railroad Company, the contract for the construction and installation of cantilever mounted flashing light signals at Collegiate Drive's crossing of said Railroad's right of way, upon the terms and conditions and in the form attached hereto as Exhibit A, Passed and adopted this lOth day of January, 1977. Ja es . Brunette ayor ATTEST: % ~ , , ` ! Y ' 1 H. C. Greene C ty Clerk APP OVED 0 FORM: . ~ T. K, aynes, ity Attorney THIS AGREEMENT, executed .in duplicate this lOth day of January, 1977, by and between MISSOURI PACIFIC RAILROAD COMPANY, hereinafter called "Railroad", and the CITY OF PARIS a municipal corporation of the State of Texas, hereinafter called "City", WITNESSETH: RECITALS: City has requested Railroad to install cantilever mounted flashing light signals at the existing crossing of (27th Street) Collegiate Drive over Railroad's right of way in Paris, Lamar County, Texas. Railroad is agreeable to the foregoing but solely upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of these premises and of the pre- mises and agreements hereinafter contained, the parties hereto agree as follows: 1. Railroad, with its work forces, materials and equipment, shall install cantilever mounted flashing light signals at the existing railroad grade cross.ing located at (27th Street) Collegiate, in Faris, Lamar County, Texas. 2. City hereby agrees to reimburse Railroad in an amount not to exceed $29, 600. 00 for the exact cost to Railroad of furnishing the labor, materials and equipment and performing the work described in Section 1 hereof. Such cost shall be computed in accordance with Railroad's custo- mary practices. 3. Covenants herein shall inure to and bind each party's successors and assigns. 4. City, when returning this agreement to Railroad (signedl shall cause same to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the persons executing the agreement on behalf of the City with the power so to do and further certifying that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by City. IN WITNESS WHEREOF, the parties hereto have duly executed this agree- ment as of the date and year first hereinabove written. W ITNESSES: MISSOURI PACIFIC RAILROAD COMPANY By A TTEST: By H. C. Greene, ity erk CITY OF PARIS (TEXAS) By James M. Brunette, Mayo.r EXHIBIT A . 1 STATE 0~ i~~ISSOURI ~ CII~' OF STo LOUIS ~ ~ BEFORE ~IE, the und~rsigned authority, on this day persanally a eared PP , known to me to be ~he person whose name is subscribed to the foreboing instxument, and acknowledged to me that h~ exe~ cuted the same for the purposes and consideration therein expressed, and in the ~ capacity therein stated. , GIVEN UNDER MY HAND AND SEAL OF O~,FICE, this day of , 1977. ~ . Notary Public, City of St. Lou.is, Missour.i STATE OF TEXAS ~ , ~ COUNTY OF LAMAR ~ : BEFORE ME, the unders.igned aurhority, on this day personally appeared JAMES Mo BRUNETTE, Mayor of the City of Paris, known to me ro be the ~zM son whose name is subscrzbed to the foregoing instrument, and acknowled ed to me that he executed the same for the purposes and consideration there n ex~ pressed, and in the capacity therein s~ated. GIVEN UNDER MY HAND AND SE~1L OF OFFICE, this day of January, 1977, - . ; ~ Notary Public, La.mar County, Texas