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Pipeline Crossing Agreement
UNION PACIFIC RAILROAD COMPANY CONTRACTS& REAL ESTATE DEPARTMENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 60179-1100 (402)271-3753 FAX(402)271-5493 July 24, 1992 CITY OF SALINA, KANSAS A^1TN MR DON HOFF PE CITY ENGR 300 WEST ASH SALINA KS 67401 Gentlemen: 031-80 Attached are revised duplicate originals of a Pipeline Agreement covering an underground sewage pipeline located at Salina, Kansas. Article 6 of this document has been revised to change the insurance limits as requested in Mr. Keith F. Rawlings' letter of July 16, 1992, which cited the applicability of the Kansas Tort Claims Act to the City's insurance coverages. In the spaces marked by an "x", please arrange for execution of the attached document and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self-addressed envelope. Your copy of the fully executed document will be returned to you, if approved by the Railroad Company. I have attached the Resolution which was attached to each copy of the originaldocument to each copy of this revised document. If this is not satisfactory and you need a new Resolution to enable the Mayor to sign this revised document, please prepare a new Resolution, execute and attach it. If you have any questions, please contact me at 402 - 271-2346. Sincerely yours, �) i JV �BOBER Contracts - Representative PL X 890707 Form Approved, AVP -Law Folder No. 031-80 PIPELINE AGREEMENT CROSSING M.P. 492.62, Trigo Industrial Lead Location: Salina, Saline County, Kansas THIS AGREEMENT is made and entered into as of the day of 19 by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the Licensor) and CITY OF SALIVA, KANSAS, a municipal corporation of the State of Kansas, to be addressed at 300 West Ash, Salina, Kansas 67401 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon the execution of this Agreement, the Licensee shall pay to the Licensor a license fee of six hundred dollars ($600.00). Article 2. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate an underground sewage pipeline (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print, dated June 2, 1992, marked Exhibit A. Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article 4. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will 0636n Pg 1 PL X 690707 Form Approved, AVP -Law Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article 6. SPECIAL PROVISIONS - INSURANCE. The Licensee, at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of Insurance certifying to the effectiveness of insurance as follows: General Public Liability providing bodily injury and property damage coverage with combined single limit for each occurrence, with limits as currently in force or as required by law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor. Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to Licensor, c/o Director - Contracts, 1416 Dodge Street, Omaha, Nebraska 68179. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. By: Director - Contracts Witness: CITY OF SALINA, KANSAS X _�X . i ACL x Mayor 00, 0636n Pg 2 'PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING r0 QQ r A IOC fir, ry� r, roc r e T " s TO_Salina ar I NCAREST 0.A. TM FORM DR -0404-8 REV. 05-0(-90 APPLICATION FOR ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO EXPEDITE THIS APPLICATION. 2000 FT. I Ra•s a.. PT. NA FT. a 140FT. ISEE N 1 SEE SI TE B 51 c 50 . _ FT.= 0Q t o jr NE4R(Sf 0.RtWIR � �I DESCRIBE FIXED OBJECT, (SEE NOTE L a IDISTAKE ALDNG tRAU FRON SECTION LINE CROSSiwI - FY 10 -TFT. Z�, I MOIL' PMIS DIMENSION REOUIRED IN ALL USES AT LO TJb NOT MSiw SECTIOeS, DISTANCE RA'5 NW TO A LEGAL SUtVET LINE 15 REOOIRED, �Ssel Abutm§A tj *Abandoned 2± 18E FIXED OBJECT, I miles to the I SEE NOTE 51 east. 50_ FT, 50 FT. 0 FT. © 50 FT. YIN. DIST ISM WiR 21. CRQJMO W A FACE SUBGRADE ROADBEp 15 FT. �FT. (TV FT. MAX. ,FT, SEAL CASiw D GSING PIKE �ISK. WIN 41. IS FT. NIN.t SEAL CASINO - _ - _ - -'- r CNDtt Dt PIPE _ S- $DIS FT. 4.A 48 FT. 48 — _ FT. 0 FT. 96 FT.(CASINENG LEwTH MME4S w PIPELINE., STEEL CASING WALL THICKNESS CHART MINI MW DIAMETER OF THICKNESS CASING PIPE •2500' I1412' OR LESS .7125' 5/16' OVER 12'-18' .7750' Le' OVER 18'-22' .4375' 7/16' OVER 22'-28' .5000' "2' OVER 26--34- .5 9/16' OVER 34--42- 4'-42'.6250' .6 5,8' OVER 42'-48• OVER 48' SA)ST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES ■1TH MINILLu YIELD STRENGTH OF 35,000 PSI, FORWJLA TO FIGURE I'$ CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 9o• NOTES : B SING f I1 ALL HORIZDNTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM q OF TRACK, EXCEPT AS NOTED. �, B 21 CASING TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 - 20 FT., OR 70 FT., MIN. DIST. AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK, Q (NOTE 21 31 YIN ,MIA( OF 50' FROM THE END OF ANT RAILROAD BRIDGE, q OF ANY CULVERT, OR FROM ANY SWITCHING AREA. FN. 4) SIGNAL REPRESENTATIVE MJST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. SI ALLOWABLE FIXED OBJECTS INCLLIOC: BACKWALL$ OF BRIDGES: q OF ROAD CRDSSINGS B OVERHEAD VIADUCT5 (GIVE ROAD NANE1. DR q OF CULVERTS. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?__YES;_ANO; B) IF YES, NAME OF STREET C) DISTRIBUTION LINE OR TRANSMISSION LINE X D) CARRIER PIPE : COMMODITY TO BE CONVEYED Sewerage OPERATING PRESSURE_ PSI WALL .THICKNESS—1)..i5_; D I AMETEK 18" MATERIAL DIP E) CASING PIPE : WALL TH I CKNESS�1._S,Qj)_ ;DIAMETER 30" ;MATERIAL STEEL NOTE: CASING MUST HAVE ?" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): _X DRY BORE AND JACK (WET BORE NOT PERMITTED); _TUNNEL ; OTHER G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES;_ND; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES To TRACK 4R' 1) APPLICANT HAS CONTACTED .Mark Ethen 11586476 (50• WIN.] OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER OPTIC CABLE—DOES ;_ X DOES NOT ; EXIST IN VICINITY OF WORK TO BE PERFORMED. EXHIBIT "A" . SM'T-N MI an.. s o' _Iq a m. Ian M)SsntIrI PAC IIIF,IC RAILRO CO. irlct� Jr) iu5Tr14I LcE4 YNDLm ri M. P. H9L[ea E. S. 4- 3 ENCASED 541116,6£ PIPED^ECROSJSING AT 1)0 �J��IV1c 1 S I,R.KU1 A. u.nea Dor" 1.1.11 FORS��v �� Sal)rg ISS YRIC.YIi / RR FILE NO,()31-83) DATE L2 2 W A R N I N G IN ALL OCCASidC), LL P. �ICAIIM DEPkRNENT ELLST BE CONTACTED IN A,vu [ DF AM1 No F 10 OCTEMIN[ L[ISTENCE A.O LOCATION OF FIBER OPTIC CABLE_ PNDRE : r -Cos l]FSIS) PL X 890707 Form Approved, AVP -law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and oblligattion of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelinesand other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of,the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. (a) The Pipeline shall be constructed,operated, maintained, repaired, renewed modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Comnon Standard Specification 1029 adopted No 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be rtodified and approved by the Licensor's Assistant Vice President -Engineering Services. In the event such Specification conflicts in anyrespect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done under the supervision and to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Assistant Vice President -Engineering Services of the Licensor and then only under the supervision of the Assistant Vice President -Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor all expense incurred by the Licensor in connection therewith, which expense .shaII include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before camencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Exhibit B Page l of 4 0405n PL X/A Section 5. RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of The Licensor shall be constructed and,at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of theLicensor, and nothing shall be done or suffered to be done by the Licensee at any time that would In any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour nurber) to determine if fiber optic cable is burled anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications commpany(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommmunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecomunications company, and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not have or seek recourse against licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damtage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance,. repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, Claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or Kien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the Location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as conpared with the entire value of such property. Section 9, RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take dam any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in Exhibit B Page 2 of 4 D658n PL X 890101 Form Approved, AVP -Law connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was. moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of rsons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destructiongrows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees which may result from: (a) injury to or death of persons whomsoever (including the ticensor's officers, agents and employees, the Licensee's officers, agents, and employees, as well as any other person,; and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: I. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section II. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at The cost and expense of the Licensee. The Licensor nay, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the tine of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration under the supervision of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept,observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith imnediately terminate this Agreement by written notice. Exhibit B Page 3 of 0405n PL X 890101 Form Approved, AVP -law (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assigrment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Exhibit B Page 4 of 0405n RESOLUTION NUMBER 92-4470 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA I AND MISSOURI PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING IN CONNECTION WITH THE INTERCEPTOR SEWER PROJECT. WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to the CITY OF SALINA, KANSAS a Pipeline Crossing Agreement covering an underground sewage pipeline on its property at M.P. 492.62 at Salina, Kansas; and WHEREAS, the Board of Commissioners of Salina, Kansas has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interest of Salina, Kansas will be subserved by the acceptance of said agreement; SO NOW, THEREFORE Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. That the Terms, of the Agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby, accepted in behalf of the City of Salina, Kansas. Section 2. That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of June, 1992. Carol E. Beggs, MAN (SEAL) ATTEST: Jaccludline Shiever, CMC City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 92-4470 was adopted by the Board of. Commissioners at its regular meeting on June 22, 1992, and that the above and foregoing is a true and correct copy of the original on file in my office. (SEAL) WITNESS my hand and official seal this 23rd day of June, 1992. -�n�"Z\,-xC't,-_ Jacqueline Shiever, CMC City Clerk RESOLUTION WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to the CITY OF SALINA, KANSAS a Pipeline Crossing Agreement covering an underground sewage pipeline on its property at M.P. 492.62 at Salina, Kansas; and; WHEREAS, the Council of said City has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interest of said City will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINA, KANSAS; That the Terms of the agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. STATE OF KANSAS )ss COUNTY OF SALINE I , City Clerk of said City hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of said City at a meeting held according to law at said City on the day of 19_1 as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this day of 19_ City Clerk of the City of Salina State of Kansas