HomeMy WebLinkAbout1998-04-14 - BNR/Holliday SandRESOLUTION
WHEREAS, the City of Riverside, Missouri, Missouri Division of Motor Carrier and
Railroad Safety Staff, Burlington Northern Railroad Company, Holliday Sand & Gravel
Company, and the Missouri Gaming Company have met on several occasions with regard to the
Matter of the Application of the City of Riverside Concerning the Zeke Road Crossing in the
City of Riverside, Missouri;
WHEREAS, negotiations have been held concerning terms, conditions, and provisions
acceptable to all parties which will result in the Zeke Road Crossing remaining open to public
traffic;
WHEREAS, the parties prepared a Settlement Agreement and Motion for Approval of
Settlement (the "Original Settlement") which the Board of Aldermen of the City of Riverside,
Missouri accepted by resolution passed July 1, 1997; and
WHEREAS, it became necessary to modify the Original Settlement as follows:
(1) deletion of Paragraph 1 from the Original Settlement because it was superfluous; and
(2) amending Paragraph 3.E of the Original Settlement by interlineation to accurately reflect the
amount of insurance that the status quo and the Original Settlement require the railroad to
maintain (the "Current Settlement Agreement").
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, ACCEPTS THE CURRENT SETTLEMENT
AGREEMENT AND MOTION FOR APPROVAL OF SETTLEMENT (RS-96-327) AS
PRESENTED BY THE ABOVE NAMED PARTIES, AND AUTHORIZES ANN DANIELS
TO INITIAL THE INTERLINEATION AND TO SIGN THE CURRENT SETTLEMENT
AGREEMENT AS ATTACHED HERETO, ON BEHALF OF THE CITY OF RIVERSIDE,
MISSOURI.
PASSED THIS ~ DAY OF APRIL, 1998.
ATTEST:
Grace Kemerli ,City Cl
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ApN 9, 1998