East North Street Sewer Pipeline Crossing Agreement
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
81
. ROOM 1100, 1416DODGE STREET
OMAHA, NEBRASKA 68179-1100
(402) 271-3753
FAX (402) 271-5493
,July 24, 1992
030-81
CITY OF SALINA, KANSAS
AT TN MR DON HOFF FE CITY ENGR
300 WEST ASH
SALINA KS 67401
Gentlemen:
Attached are revised duplicate originals of a Pipeline Agreement covering
an underground sewage pipeline located at Salina, Kansas.
lirticle 6 or 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 tile Railroad Company.
I have attached the Resolution which was attached to each copy of
original document to each copy of this revised document. If this is
satisfactory and you need a new Ri2so1ution to enable tile Mayor to sign
revised oocrunent, please prepare a new Resolution, execute and attach it.
the
not
this
If you have any questions, please contact me at 402 - 271-2346.
Sincerely ypurs,
l/"l(l [) .' I
;.. -,-,l,: ,'t'
'--4~YI-- V i:'-C~v -
/;Y. i;J . ,BOBER
Contracts - Representative
~. '", ,
.,
PL X 890707
Form Approved, AVP-Law
.-
Folder No. 030-81
PIPELINE AGREEMENT
CROSSING
M.P. 492.08, 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 SALINA, 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 May 26, 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.
, I
;
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 I 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 890707
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
provide to the Licensor a Certificate
effectiveness of insurance as follows:
own
of
sole cost and expense, shall
Insurance certifying to the
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.
UNION PACIFIC RAILROAD COMPANY
By:
Director -.. Contracts
Witness:
CITY OF SALINA, KANSAS
x J~-" ''''-1...\,;" s., ~,' ~.l' u......-
\ tA.~ tk.~
x.~C~
Mayor .
0636n
Pg 2
FORM DR-0404-B
REV. 0S-01-90
APPLICATION FOR ENCASED
NON-FLAMMABLE PIPELINE CROSSING
NO SCALE
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO EXPEDITE THIS APPLICATION.
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NOTES :
II ALL HORIZONTAL DISTANCES TO BE WEASURED AT RIGHT ANGLES FROM ~ OF TRAC(, EXCEPT AS NOTED.
21 CASING TO EXTEND BEYOND THE CENTERliNE OF TRAC( AT. RIGHT ANGLES THE GREATER OF 20. 20 FT., OR 30 FT.,
ANO BEYOND. UIIIlT OF RAILROAD RIGHT-Of-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE Of TRAC(.
31 IIIINIMUI.I OF 50' FR~ THE ENO or ANY.RAILROAD BRIDG~ ~ OF ANY CULVERT, OR FRO" ANT SWITCHING ARE~
41 SIGNAL REPRESENTATIVE I4JST BE PRESENT.DURINC INSTALLATION IF RAILROAD SIGHALS ARE IN THE VICINITY OF CROSSING.
51 ALLOWABLE FIXED OBJECTS I NCllJOE: BACU'ALLS or BRIDGES; ~ OF ROAD CROSSINCS a OVERHEAD VIADUCTS I GIVE ROAD NA/oIE), OR ~ or ClA.VERTS.
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_YES;~O; EXHIBIT "A" 5101-Y-N
Bl IF YES, NAME OF STREET
Cl DISTRIBUTION LINE
01 CARRIER PIPE:
CO/.O.4OD I TY TO BE CONVEYED S eWc:x:3e
OPERA T I NG PRESSURE_ 0 PS I II -.-
WALL THICKNESS .43 ; OIAIoAETER 3G ; MATERIAL D.-L.
El CASING PIPE: /1 C" Sf I
WALL TH I CKNESS ,(PeS. DIAMETER '"-1""U . MA TER I AL . ec
. ., .. ,
NOTE: CASING MUST HAVE 2- 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 CAS1NG PIPE.
F) METHOD OF INSTALLING CASIN~ PIPE UNDER TRACKISl:
-L-DRY BORE AND JACK (WET BORE NOT PERMITTED);
-,---TUNNEL ; OTHER
Gl WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? .....2S-YES;~O;
HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR HCE OF .BORING AND
JACK I NG P ITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30'
II APPLICANT HAS CONTACTED. Mark E-fhen 1)0' W'1I.1
OF U. P. COMMUNICATION OEPARTUENT AND HAS DETERUINED FIBER
OPTIC CABLE-.,.-DOES ;-1L-DOES NOT; EXIST IN VICINITY OF
WORK TO BE PERFORMED.
Ticker No. G / c408
'- rt. NorTh 51:'
I OESCR 1& r I XED 08JECTl
I SEE NOTE 51
I DISTANCE ALONe TRla FROw SECTION LINE CllOSSINGI
/5(3:t: H.
I NOlD nlls OIIoVt5/ON RtClJIRCl IN ALL cou.s.
AT lOCATlOO<<S NOT lISlNC SECTIONS, DI5TAHCE
TO A LE'Al. SlRVET LINE IS REClJIRClI
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SEAL CAS INC
ROAOeED
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20 I 15 H'~
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7'..7. r ~ FT
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I CASING lENGTM WIlEN lIEASlJRED AlONC PIPElINE. I
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OR TRANSMISSION LINE
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1 OESCR IBE r I XED DeJECTl
I SEE NOTE 51
50 rT.
STEEL CASING WALL
THICKNESS CHART
UINIUUW DIAWETER OF
THICkNESS CASING PIPE
.2500- 114- 1 r OR LESS
.3125- 5116- OVER Ir-18-
.3750- 3/8- OVER 11--22"'
.4375- 7116- OVER 22"'-28-
. 5000- . 1/2- OVER 28-- 34-
'-5625- 9116- OVER 34-- 42-
.6250" 5/8- OVER 42"'-48-
OVER 48- I.IJST BE
APPROVED BY R. R. co.
NOTE: THIS CHART IS ONLY
rORs.oDTH STEEL CASING
PIPES WITH IIIIHII.IUW YIELD
STRENGTH OF 35, 000 PSI.
50l CUINC
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FORl.(JLA TO FIGURE Y2 CASING
LENGTH WITH ANGLE or
CROSSING OTHER THAN 90"
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MISSOURI PAC I F IC RA I LROAD CO.
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FOR
. A R H I N G
/W ALL OCClSIOHS, U. P. COWIUjlCA1IONS DOART\oEN'1 WST liE.
COO/TACT ED IW AOvl"'E or AIlT _. TO Dn!Jl>lINC UI5TOlCE AJCl
lOCATION or FIllER oPTIC CA8LL _: 1-1OO-)36--'IU
Pl X 890707
Form Approved, AVP-law
EXHIBIT B
Section I. liMITATION AND SUBORDINATION Of RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and
continuing right and obligation of the LICensor to use and rreintain its entire property
including the right and power of the licensor to construct, rreintain, repair, renew, use,
operate, change, modify Of relocate railroad tracks, signal, communication, fiber optics, or
other wlrel ines, pipelines and other faci I ities upon, along or across any orall parts of its
property, all or any of which rrey be freely done at any tirre or tirres 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 sarre, and is rreOO Without covenant of title
or for quiet enjoyment.
Section 2. COOSTRUCTIOO, 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 Rai I road
Co. Common Standard S~ification 1029 adopted November 1949, and all amendments thereof and
supplerrents thereto, which by this reference. is hereby rreOO a part hereof, except as may be
modified and approved by the Licensor's Assistant Vice President-Engineering Services. In the
event such SpecIfication conflicts in any respect with the requirerrents of any federal, state
or rnmicipal law or regUlation, such requirements shall govern on all points of confl jct, but
in a II other respects the Spec I fication sha II apply.
(b) All work perfonred on property of the Licensor in connection with the
construction, maintenance, repair, renewal, rrodification 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 rrenner 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 unti I such plans have been approved by the
Assistant Vice President-Engineering Services of the Licensor and then only under the
supervision.of the As?istant Vice President-El)ginee~in9 Services or his aut~orized
representat I ve. The L I censor sha II have the rI ght, I f It so elects, to prov I de such support as
it rrey deem necessary for the safety of its track or tracks during the tirre of construction,
~int~nance, repair, renewal, modification, r~location, reconstructiol) 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 shall include all assignable
costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly
c~cted and the grade even with the adjacent surface of the ground.
Section 3. NOTICE OF C(Jfi\ENCEMENT OF WORK.
If an errergency should arise requiring i~iate attention, the licensee shall
provide as much notice as practicable to licensor before commencing any work. In all other
situations, the Licensee shall notify the licensor at least ten (10) days (or such other tirre
a? the li~ensor may.all~) in advance of the c~ncement of any work upon pro~rty of the
Licensor In connection WIth the construction, maintenance, repair, renewal, modIfication,
reconstruction, relocation or rerooval of the Pipeline. All such work shall be prosecuted
d i I i gent I y to COO'l' I et ion. .
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 rrodification, revision,
relocation, r em:> va I or reconstruction of the Pipeline, including any and all expense which rrey
be incyrred bV the LiCensor in connection therewith for supervision, inspection, flagging, or
otherWise. .
Exh i bit B
pagEl I of 4
04 5n
Pl X/A
Section S. RElOCATICW ~ REp(WAl ~ PIPEliNE.
(4) The iicense 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 sha II, a t the sol e expense of the licensee, rove a II or any por t i on 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 slJch 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 rem3ins on the property, apply to the Pipeline as rrodified, changed or
relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH lICENS~'S OPfRATION.
The Pipeline and all parts thereof within and outside of the limits of the property
of the licensor shall be constructed and, at all tirres, 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 the licensor, and nothing
shall be done or suffered to be done by the licensee at any tirre that would In any manner
impair the safety thereof. .
Section 7. PROTECTIOO ~ FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the licensor's property, Protection
of the fiber opt ic cable systems is of extrerre ilTlXlrtance since any break could disrupt
service to users resulting in business interruption and loss of revenue and profits, licensee
shall telephone the licensor at 1-000-336-9193 (a 24-hour nUTber) to determine if fiber optic
cable is buried anywhere on the licensor's pranises to be used by the licensee, If it is,
Licensee will telephone the telecommunications company(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 pranises.
(b) In addition to other indemnity provisions in this Agreement, the Licensee shall
indemnify and hold the licensor harmless fran and a~ainst all costs, I iabi I ity and expense
whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising
out of any act or ani ss i on of the licensee, its contrac tor, agents and/or ef1l) I oyees, that
causes or contributes to (I) any damage to or destruction of any teleccmrunicatlons systan on
Licensor's property, and (2) any injury to or death of any person employed by or on behalf of
any teleCOOTll.Inlcatlons company, and/or its contractor, agents and/or ~Ioyees, on Licensor's
property. licensee shall not have or seek recourse against licensor for any claim or cause of
actIon for allf'9ed loss of profits or revenue or loss of service or other consequential dacrege
to a telecOOTll.lnlCation cOO'flc3ny using Licensor's property or acustctrer or user of services of
the fiber optic cable on licensor's property. .
Section 8. CLAIMS AND LIENS F~ lAOOR 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, rrodiflcation or reconstruction of the Pipeline, and shall not permit or
suffer any rrechanic'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 indef1Tlify and hold harmless the licensor against
and fran any and all I iens, 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 payor discharge all taxes, charges and assessments
levied upon, in respect to, or on account of the Pipet ine, to prevent the satre fran beccrning a
charge or I ten upon property of the licensor, and so.that the taxes, charges and assessments
levied upon or in respect to such property shat I not be increased because of the location,
construction or maintenance of the Pipel ine or any ifll)roveoont, appl iance 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
sha II be i nc I uQed in the assessment of the pr operty of the licensor, then the licensee sha II
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 co:rpared lit i th the ent j re va I ue of such
property.
Section 9. RESTORAT 100 ~ UCENS~'S PROPERTY.
In the event the licensor authorizes the licensee to take down any fence of the
licensor or in any manner rove or disturb any of the other property of the licensor in
Exhibit B
Pag~ 2 of 4
06~n
Pl X 890707
Form ApproYed, AVP-law
connection with the construction, rooiritenance, repair, renewal, rrodification, reconstruction,
relocation or remoyal of the Pipeline, then in that event the licensee shal" 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
rroyed or disturbed, and the Licensee shall inderrnify and hold harmless the licensor, its
officers, agents and errployees, against and frOOl any and all liability, loss, daneges, claims,
dem3nds, costs and expenses of whatsoever nature,. i nc Iud i ng court costs and attorneys' fees,
which may result from injury to or death of persons whomsoever, or damage to or loss or
destruction of property whatsoever, when such injury, death, damage, loss or destruction grows
out of or arises from the taking down of any fence or the moving or disturbance of any otner
property of the licensor.
Section 10. INDEMNITY.
As used in this Section, "Licensor" includes other rai I road c01"pdnies using the
licensor's property at or near the location of the licensee's installation and their officers,
agents, and ~Ioyees; "loss" includes loss, damage, claims, dem3nds, actions, causes of
action, penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees, which may result' frOOl: (a) injury to or death of persons whc:msoeyer
(including the Licensor's officers, agentsl and OOJlloyees, the licensee's officers, agents,
and errployees, as well as any other person); and (b) damage to or loss or destructIon of
property whatsoever (inclu~ing licensee's prope~ty, damage to the roadbed, tracks, equipment,
or other property of the l I censor, or property I n. I ts care or custody).
Asa major inducerrent and in consideration of the I icense and permission herein
granted, the licensee agrees to inderrnify 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
j nsta IIat ion, construct i on, roo j ntenance, repa i r, renewa I, nodi ficatlon,
reconstruction, relocation, or rerroval of the Plpel ine or any part thereof; or
2. The presence, operation, or use of the Pipel ine or contents escaping therefrOOl,
except to the extent that the loss is caused by the sole and direct negligence of the licensor.
Section II. REI()VAl Of PIPE LINE U~ TERMIHAT l()f Of AGREEMENT.
Prior to the termination of this Agreerrent howsoever, the licensee shall, at
Licensee's sole expense, remove the Pipel ine frOOl 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 propertr to as good a condition as they were in at the
tirre of the construction of the Pipel ine. f the lICensee fai Is to do the foregoing, the
licensor may do such work of removal and restoration at the cost and expense of the licensee.
The licensor may, at its option, upon such termination, at the entire cost and expense of the
licensee, rerroye the portions of the Pipet ine located underneath its roadbed and track or
tracks and restore such roadbed to as good a condition as it was in at the time of the
construction of the Pipeline, or it mey penmit the Licensee to do such work of rerroval and
restoration under the superVIsion of the licensor. In the event of the rerroyal 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 roonner be I iable to the licensee for any darrege
susta i ned by the licensee for or on account thereof, and such remova I and restorat ion sha II in
no manner prejudice or irrpair any right of action for darrages, or otherwise, that the licensor
rrey have against the licensee.
Section 12. WAIVER Of BREACH.
. Th~wa i yer by the licensor of the breach of any co~ j t i on, cove~nt or agreerre~t
here I n conta I ned to be kept, observed and perfonred by the II censee sha II In no way i~ I r the
right of the licensor to avai I itself of any subsequent breach thereof.
Section 13. TERMINATION.
(a) I fthe licensee does not use the right here i n granted or the Pi pe Ii ne for one
(I) year, or if the licensee continues in default In the performance of any covenant or
agreerrent herein contained for a period of thirty (0) days after written notice from the
~fcen~or to the~icensee,specifying such d~fault, t~e licensor rrey. at its option, forthwith
Imredlately terminate thiS Agreement by written notIce. .
Exhibit B
Page 3 of 4
04 Sn
Pl X 890707
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
not ice sha II 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 obi igations 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 Agreerrent, 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 assigrmmt or attEiOllted transfer or assigrvrent of this Agreerrent or any of the
rights herein granted, whether voluntary, by operation of law, or otherwise, without such
consent in writing, shal I be absolutely void and, at the option of the licensor, shall
terminate this Agreement.
Section IS. SOCCE$SORS AND ASSIGNS.
Subject to the provisions of Section /4 hereof, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their heIrs, executors, a<ininistrators,
successors and assigns. -
Exhibit B
Page 4 of 4
0405n
RESOLUTION NUMBER 92-4468
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA
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 ail
underground sewage pipeline on its property at M.P. 492.08 at Salina, Kansas;
and
WHEREAS, the Board of Commissioners of Salina, Kansas has said
proposed agreement before it and ha~ 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 agr~ement; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section I.
That the Terms of the Agreement submitted by
MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the saine are
hereby, accepted III 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
certi fied copy of this Resolution,
Adopted by the Board of Commissioners and signed by the Mayor this
22nd day of June, 1992.
~E &;~
Carol E. Beggs, Mayor
(SEAL)
ATTEST:
~\~\U-L... ~~Wt.A--
Jacqudline Shiever, CMC
City Clerk
STA TE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do
hereby certify that Resolution Number 92-4468 was adopted by the Board 6f
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.
WITNESS my hand and official seal this 23rd day of June, 1992.
(SEAL)
~~~~~ SLUJ~
Jacqu~line Shiever, CMC
City Clerk