Schilling Wastewater Treatment Plant 16 inch Sewer Pipeline Crossing Agreement
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890707
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A8proved,
AVP-Law
, PL X
Form
Folder No. 031-81
PIPELINE AGREEMENT
CROSSING
M.P. 499.42, Trigo Industrial Lead
Locati~n: Near Trigo, 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.
I Upon the execution of this Agreement, the Licensee shall pay to the
Licensor a license fee of six hundred dollars ($600.00).
Articll 2. LICENSOR GRANTS RIGHT.
I 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 L~censee kept, observed and performed, the Licensor, hereby grants to the
Licens1ee the right to construct and thereafter, during the term hereof, to
mainta1in and operate an underground sewage pipeline (hereinafter called the
Pipeli!ne) in the location shown and in conformity with the dimensions and
:pe~i~lications indicated on the attached print, dated July 2, 1992, marked
Exhibl,t A.
ArticJe 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
I The grant of right herein made to the Licensee is subject to each and
all on the terms, provisions, conditions, limitations and covenants set forth
hereirl and in E}~ibit B, hereto attached.
ArticJe 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.
I :::f a contractor is "to do any of the work performed on the pipeline
(including initial cons"truction and subsequent relocation or substantial
maintJnance and repair work), then the Licensee shall reauire its contractor to
execu~e the Railr;ad I s form Contractor I s Right of Entr;, Aqreement. Licensee
acknoJledges receipt of a copy of the Contractor I s Right of Entry Agreement and
" I - , -. , . . .. ". _. . - '
unaerstanalng or ::..ts terms, provlslons, ana requlrement.s, 2.IlC .....::...:.1. lnrorm l ts
contrJctor of the need to execute the Agreement. Under no circumst.ances will
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PL X 8910707
Form Approved, AVP-Law
LicensJe's contractor be allowed onto Licensor's premises without first
execut~ng the Contractor's Right of ':ntry Agreement.
ArticlJ 6. SPECIAL PROVISIONS - INS.JRANCE.
I The Licensee, at the Licensee I s own sole cost and expense, shall
provide to the Licensor a Certificate of Insurance certifying to the
I
effectiveness of insurance as follovs:
General Public Liabilit? 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 gre:.:ter ~ a portion of which may be
self-insured with the cons2nt 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' rrior 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
execut~d as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Director - Contracts
Witness:
CTTY OF SALINA, KANSAS
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PLACE
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APPLICA TION
NON-FLAMMABLE
fORM DR- 040<4- B
REV. 05-01- 90
FOR ENCASED
PIPELINE CROSSING
NO SCALE
NOTE: ALL AVA1LABLE DIMENSIONS MUST BE
FILLED IN TO EXPEDITE THIS APPLICATION.
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FT.
--6.MLFT .
,~( NOT( , , 51
~FT.
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II ALL HORIZONTAL DISTANCES TO BE IIHSURED AT RIGHT ANGLES FRO\.I ~ or TRACK. EXCEPT AS NOTED.
21 CASrNG TO EXTEND 6EYOND THE CENTERLINE or TRACK AT RIGHT ANGLES THE GREATER or 20 . 20 FT., OR 30 FT.,
ANO BEYOND LI~ITI or RAILROAD RIGHT-or-WAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE or TRAC~.
31 UINII.UoI or 50' FR06.I THE EHO OF AHY RAILROAD BRIDGE. ~ Of ANY ClA.VERT, OR FROIoI AfolY SWI TCHING AREA.
~I SIGNAL REPRESENTATIVE \lUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSIN~.
5) ALLOWABLE fIXED oBJECTS INClUDE: BAC~WALLS or eRIOCE~ ~ or ROAD CROSSINGS 1 OVERHEAD VIADUCTS (GIV( ROAD NA~I. OR ~ or CUlVERT~
I
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ?____yES;~N~
Bl If YES, NAME Of ISTREET
Cl DISTRIBUTION LINE
01 CARRIER PIPE: I
C~ODITY TO BE CONVEYED Sewerage
OPERAT I NG PRESSURE 15 PS I "
WALL THICKNESS 0.34':; DIAMETER 16 : I.IATERIAL DIP
CJ.;~~~ ~~7~K~Essl 0.4375". DIAMETER 24" 'I.IATERIAL Steel
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NOTE: CASING MUST HAVE 2- CLEARANCE BETWEEN GREATEST
OUTSIDE DIA~ETER Of CARRIER PIPE AND INTERIOR OrAI.IETER OF
CASING PIPE.I WHEN FURNISHING o I "'ENS IONS, GIVE OUTSIDE OF"
CARRIER PIPE AND INSIDE Of CASING PIPE.
~ETHOO OF INSTALLING CASING PIPE UNDER TRACKl Sl:
~DRY BORE lAND JACK' WET BORE NOT ,PERUIHQ)I;
~TUNNEl ; 0THER <1. ~.. ~'"t tI ':'..[.1., t,"mH~.l
WILL CONSTRUCT ION BE By AN OUTS I DE CONTRACTOR? -2'E--YE5;----.No;
DISTANCE fROM CE~TER LINE Of TRACK TO NEAR fACE Of BORONG AND
JACKING PITS WHEN UEASUREO AT R1CHT ANGLES XO TRACK 4
'\ APPLICANT HAS CONTACTED Hark Echen {r5/564/tJ 1)0' 01'1<.'
Of U. P. CO~NlciATION DEPARTI.IENT AND HAS DETERMINED flBER
OPTIC CABLE_DOES :---2:-00[5 NOT ; EXIST IN VrCINITY OF
~ORK TO BE PERFORMED.
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I DIStANC[ ALO<<G '~ACJ. rROw S!CTlOO/ lIk[ CllOS~11oG1
2420 FT.
Il(JTE: nos 0[10(:><5100< Rt:ClJIR(D [. All CA~S.
AT lOC..ATICINS NOT lISlllC SECTlO><S, D1SaHC(
TO A LECAl !>!.IIV(T UN( IS R(ClJIR(D1
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OR TRANSMISSION LINE
EXHIBIT
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STEEL CASING WALL
THICKNESS CHART
UINIUUU DIA~T(R OF
THIC~NESS CASINO. PIPE
. 2500- I/~" tZ- OR LESS
.3'25" 5/16" OVER 12"-18"
.3750" 3/1" OVER 18"-22"
. ~37S" 7116" OVER 22"-28"
. SOOO" 1/2" OVER 2S"- 3~"
.5625" 9116" OVER 3~"-~Z-
.6250" 5/8" OVER ~2"- ~S"
OVER 48" YUST BE
APPROVED By R. R. Co.
NOTE: THIS CHART IS ONLY
FOR SUOOTH STEEL CASING
PIPES WITH WINlUUW YIELD
5 ffiENOTH Of 35, 000 PS r.
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F'ORI.UlA TO r I CURE Y2 CAS I NO
LENGTH WITH ANCLE OF
CROSS I NO OTHER THAN '3()O
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ENCASED .::, {'l-U C ;~ CROSS I NG AT
Nr-, Tri""o Sc....\~"e. KS
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CC*TACT(.D ,'" AOvu<<::( 04" AllY ~l TO 0{T(Jh,I,t<< (IUHNCf "IC)
lOC4l10l< 01 rt8E. OPTIC CAllLL P>O<[: l-oro-3)""",,,>
PL X 8907107
Form Approved. AVP-Law
EXHIBIT 8
Section I. LIMITATION AND SUBORDINATION Of RIGHTS GRANTED.
(a) The foregoing grant of ri9ht is subject and subordinate to the prior and
contin~i~g right and obligation of the.Llcensor to use and mai~tai~ its entire property
including the right and power of the Licensor to construct. maintain, repair, renew, use,
operate, Ichange, rrodify or relocate rai I road tracks, signal, cOOlTllnication, fiber optics, or
other wlnlelines, pipelines and other faci I ities 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.
I (b) The foregoing grant is also SUbject to all outstanding superior rights
(incl~di~g those i~ favor of licensees and lessees of the Li~ensor'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.
I
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
I (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed,
rrodified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad
Co. C011TOn Standard Specification 1029 adopted .Noverrber 1949, and all arren<irents thereof and
sup~lements thereto, which by this reference is hereby made a part hereof, except as may be
rrodlfiedland ap~roved by the licensor's Assistant Vice President-Engineering Services. In the
event su~h SpecIfication conflicts in any respect 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 Speclf)cation shall apply.
I (b) All work performed on property of the Licensor in connection with the
construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
shall beldone under the supervision and to the satisfaction of the Licensor.
(c) Prior to the commencement of any work in connection with the construction,
maintena~ce, repair, renewal, rrodification, re ocation, reconstruction or removal of the
Pipelinelwhere 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, inctluding the shoring and cribbing, jf any, required to protect the licensor's
operatio~s, and shal I 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
~epresentative. The Licensor shall have !he right, if It so el~ts. to ~ovide such sUPP9rt as
It may deem necessary for the safety of Its track or. tracks during the tlrre of construction,
rraintenance, repair, renewal, rrodiflcation, relocation, reconstruction or removal of the
Pipeline! and, In the event the Licensor provides such support, the Licensee shall pay to t~
Licensorl 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
compacted and the grade even with the adjacent surface of the ground. ,
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Sect ion 3. NOT ICE OF CCIt4ENCEMENT OF I()RK.
Ilf an errergency should arise requiring irrrrediate attention, the Licensee shall
.provide as much notice as practicable to Licensor before commencing any work. In al I other
situations, the Licensee shall notify the Licensor at least ten (10) days (or such other tirre
a~ the Licensor may.all~) in advance of !he c~ncement of any work upon proper!y of the
Llcensorlln connectIon With the construction, maintenance, repair, renewal, rrodlflcatlon,
reconstruction, relocation or removal of the Pipeline. All such work shall be p,osecuted
di I igently to completion.
. I
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
I. The L i ~ensee sha II be~r the ent i re cost and expense i nc~r~ed ! n connect! on with the
construction, maintenance, repair and renewal c?nd ~ny a~d all,rrodlflcatlon, reVISion, ..
relocatIOn, removal or reconstructIOn of the Pipeline, Including any and all expense which may
be inc~rred by the LiCensor in connection therewith for supervision, inspection, flagging, or
otherWise.
I
Exhibit B
Page I of 4
0405n
, .'
Pl X/A
Section S, RElOCATICW OR RE~Al Of PIPEliNE.
1 (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 ne'ti location as the licensor IT\3y designate, whenever, In the furtherance of
its needs and requirE!l'Tents, the licensor shall find SIJch action necessary or desirable,
I (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 thel Pipeline rareins on the property, apply to the Pipeline as rrodified, cMnged or
relocalted within the cont€!fTl)latlon of this section. .
Section 6, NO INTERFERENCE WITH liCENSOR'S OPfRATICW,
I The Pipel ine and all parts thereof within and outside of the I imits of the property
of the licensor shall be constructed and, at all times, maintained, repaired, rene'tied and
operated in such manner as to cause no interference w~tsoever with the constant, continuous
and unlinterrupted use of the tracks, propertY,and faci I ities 9f the licensor, and nothing
shall be done or suffered to be done by the licensee at any time that would In any IT\3nner
irrpa ir] the safety thereof,
Section 7. PROTECTION Of FIBER OPTIC CABLE SYSTEMS,
I (a) Fiber optic cable systems may be buried on the licensor's property. Protection
of the fiber optic cable systems is of extrE!l'Te.importance since any break could disrupt
service to users resulting in business interruption and loss of revenue and prOfits. licensee
shall ~elephone the licensor at 1-800-5}6-9193 (a 24-hour number) to determine if fiber optic
cable is buried anywhere on the licensor's premises 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 premises.
I (b) In addition to other indemnity provisions in this Agreement, the licensee shall
indemnify and hold the licensor Mrmless from and a~inst all costs, liability and expense
whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising
out ofl any act or omission of the licensee, its contractor, agents and/or €!fTl)loyees, that
causes or contributes to (I) any damage to or destruction of any telecommunications system on
licensor's property, and (2) any injury to or death of any person employed by or on behalf of
any tellecctl1TlJnlcat Ions company, and/or its contractor, agents and/or €!fTl)loyees, on licensor's
property. licensee shall not have or seek recourse against licensor for any claim or cause of
actlonl for all89ed loss of profits.or revenue or loss of service or other consequential d~ge
to a telecommunication company using licensor's property or a customer or user of services of
the fiber optic cable on licensor's property.
sectioh 8. CLAIMS AND liENS FOR LABOR AND MATERIAL; TAXES.
1 (a) The licensee shal! fully pay for al! mat~rials joined or ~ffixed.to and labor
perforired upon property of the lICensor In connection With the construction, maintenance,
repairl renewal, modification or reconstruction of the Pipeline, and shall not permit or
sufferlany 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
behalflof the lIcensee. The licensee shal I 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 ~aterials furnished.
(b) The licensee shal I promptly payor discharge al I ta~es, charges and assessments
levied upon, in respect to, or on account of the Pipeline, to prevent the s.a1'IE from becoming a
charge or lien upon property of the licensor, and so that the taxes, CMrQeS 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, appl iance or fixture connected
therewith placed upon such property, or on account of the licensee's interest therein. Where
such t~X, 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 tolthe licensor an equitable proportion of such taxes determined by the value of the
licens~e's property upon property of the licensor as compared with the entire value of such
property,
Sectio~ 9. RESTORATIOO Of LICENSOR'S PROPERTY.
1 In the event the licensor authorizes the licensee to take down any. fence o! the
licensor or in any manner move or disturb any of the other property of the licensor In
..I
ExhIbit B
Page 2 of ~
06>Bn
I
Pl X 890707
Form Approved, AVP-law
I. ., . I '"""". f' .
connection with the constructIon, rrelntenance, repair, renewa ,10......,1 Icatlon, 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
rroved or disturbed, and the licensee shall indennify and hold harmless the licensor, its
office~s, agents and erTl>loyees, against and frOOl a~y and.all I iabi I ity, loss, danages, claims,
demands, costs and expenses of whatsoever nature, Including court costs and attorneys' fees,
which may result from injury to or death of persons wh~oever, or damage to or loss or
destructIon of property whatsoever, when such injury, death, danage, loss or destruction grows
out of lor arises from the taking down of any fence or the rroving or disturbance of any other
property of the licensor.
sectio~ 10. INDEMNITY.
I As used in this Section, "licensor" includes other rai I road carpanies usinlJ the
licensor's property at or near the location of the licensee's installation and their officers,
agents! and employees; "loss" includes loss, danage, claims, demands, actions, causes of
actionJ penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees, which rrey result from: (a) injury to or death of persons wh~oever
(including the licensor's officers, agents, and erTl>loyees, 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).
I As a rrajor inducerrent and in consideration of the I icense and permission herein
granted, the licensee agrees to indemnify and hold harmless the licensor from any loss which
IS due to or arises frOOl:
I. The prosecution of any work contemplated by this Agreement including the
installation, construction, rreintenance, 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 therefrOOl,
except to the extent that the loss is caused by the sole and direct negligence of the licensor.
Section II.. REP()VAlOf PIPE liNE U~ TERMINATI~ Of AGREEMENT.
I Prior to the termination of this Agreement howsoever, the licensee shall, at
licensee's sole expense, remove the Pipeline frOOl those portions of the property not occupied
by thelroadbed and track or tracks of the licensor and shall restore, to the satisfaction of
the lic:ensor, such portions of such propertr to as good a condition as they were in at the
time o~ the construction of the Pipeline. f 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 may, 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 land restore such roadbed to as good a condition as it was in at the time of the <
construction of the Pipeline, or it may penmit 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
here j n !prov i ded, the licensor sha II in no rranner be I jab I e to the licensee for any dafffige
susta i ned by the licensee for or on account thereof, and such rerrova I and restorat ion shi:l II in
no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor
rrey havie against the Licensee.
Sect ion 12. WAIVER QC BREACH. .
I The wa i ver by the Licensor of the breach of any cond i t i on I covenant or agreerrent
<herein contained to be kept, observed and perfonred by the licensee shall in 00 way impair the
right df the licensor to avai I itself of any subsequent breach thereof.
sectioJ 13. TERMIHATION.
I Ca) If the licensee does not use the right herein granted or the Pipeline for one
(I) year. or if the licensee continues in default In the performance of any covenant or
a9reerre'nt herein contained for a period of thirty (0) days after written notice fran the
Llcensdr to the Licensee specifying such default, the licensor may. at its option, forthwith
irrrredia'tely terminate this ^9reesrent by written notice.
Exhibit B
page 3 of 4
04 5n
I
PL X 890~07
Form Approved, AVP-Law
(b) In addition to the provisions of subparagraph (a) above, this AQreement may be
terminated by written notice given by either party hereto to the other on any aate in such
notice s~ated, not less, however, than thirty (~) days subsequent to the date upon which such
notice shall be given.
I (c) Notice of default and notice of termination my 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.
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Section 14. AGREEMENT NOT TO BE ASSIGNED.
I The Licensee shall not assign this Agreerrent, in whole orin part, or any rights
herein gnlanted"without the written consent of the ~icensor, and, it js agreed that any
transfer or assignment 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 k SUCCESSORS AND ASSIGNS.
I 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,
successons and assigns.
Exhibit B
Page 4 of 4
0405n
RESOLUT,ION
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. 499.42 near Trigo, 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;
COMPANY
City;
That the Terms of the agreement submitted by MISSOURI PACIFIC RAILROAD
as aforesaid be, and the same are hereby, accepted in behalf of said
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 I to each duplicate, original of said agreement a certified copy of this
Resolut.ion.
I
STATE CDF 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
I
adopted by the Council of said City at a meeting held according to law at said
Ci ty o~ the day of ,19_, as the same appears on file and
of recr :: :::I:::ce~REOF' I have hereunto set ~ hand and affixed the
corporate seal of said City, this day of 19
City Clerk of the City of Salina
State of Kansas
. ~
RESOLUTION NUMBER 92-4490
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 an
underground sewage pipeline on its property at M.P. 499.42 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 subservcd by the acceptance of said agreement; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina.
Kansas:
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.
That the Mayor of said City IS hereby authorized,
Section '
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
10th day of August. 1992.
Carol E. Beggs, Ma vor
(SEAL)
ATTEST:
Jacqueline Shiever. CMC
City Clerk
:0<';'"
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UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAl!. ESTATE DEPARTMENT
8
. ROOM 11 DO, 1416 DODGE STREET
OMAHA, NEBRASKA 68179-1100
(402) 271-3753
FAX (402) 271-5493
July 24, 1992
031-81
CITY OF SALINA, KANSAS
ATTN MR DON HOFF PE CITY ENGR
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300 WES:r ASH
SALINA KS 67401
Gentlemen:
At~ached are revised duplicate originals of a Pipeline Agreement covering
an underground sewage pipeline located near Trigo, Kansas. This document will
~'eplacel the one sent to you with my. July 10, 1992 letter, however, please use
the Contractor's Right of Entry Agreement which was received with that letter
for thd Contractor that will be doing the work:
Ar~iCle 6 of this document has been revised to change the insurance limits
as requ,ested in Mr. Keith F. Rawlings I 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.
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Please IRETURN ALL COPIES of the document for execution on behalf of the Railroad
company! in the enclosed self-addressed envelope. Your copy of the fully
execute,d document will be returned to you, if approved by the Railroad Company.
Also, p'lease provide a resolution or other authorization for the party executing
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the document and an Insurance Certificate as required by the Agreement.
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Pa'YTIlent in the amount of $600.00 is due and payable upon execution of the
agreemeht. Please include a check, made payable to the Missouri Pacific
Railroa1d Company, with the return of the documents. This agreement will not be
accepte:d by the Railroad Company until the initial payment is received. If
formal billing is required, you may consider this letter as a formal bill.
Inl compliance with the Internal Revenue Service I s new policy regarding
Ul~~r FllOrIn 1099, this is to. ,advise you that 43-11~863~ is Missouri Pacific
Ra.llroad Company I s correct F eaeral :raxpayer ldentlf lcatlon Number and we are
doing busine;s as a corporation.
l~ we have not received the executed documents 'within six months from the
date of this letter, this proposed offer of an agreement is withdrawn and
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becomes null and void.
If you have any questions, please contact me at 402 - 271-2346.
Sincerely yours,
~_ ' LA~U/J
. . J-~OBER
Contrac s - Representative
~
, .
CITY OF S~.LlnA
?EGUEST :=OR C01.~MISSION ";Ciiml
C,A TE
ilf'IE
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.;GE~ICA S:::OTION:
i'!O. 8:
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Administration
08 10 92 4: 00 P. M.
OR I GINA T I NG DEPI\Rn~ENT: I fl.PPRO'l ED FOR
AGENDA:
Water and Wastewater
I TEl,'
NO.
7
BY: Don Hoff
. 3Y: ~,.,{
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Item I
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Approv~l of an Agreement with the Missouri Pacific Railroad Company for a pipeline
crossing.
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Backgr:ound
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The new interceptor sewer will cross the Missouri Pacific Railroad east of the
Schilliing Wastewater Treatment Plant. This crossing will involve boring a tunnel
beneat~ the railroad roadbed; installing a 2411 steel encasement pipe; and
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instalning a 16" sewer pipeline within the encasement pipe.
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The at~ached agreement is a standard pipeline crossing form addressing such issues
as construction work; maintenance; insurance; fees; etc. The license fee of
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$600/crossing will be paid for, as other project costs, by revenue bonds.
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Recomm1enaati on
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It is irecommended that the City Commission approve the railroad agreement and
autho~ize the Mayor to execute this document.
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Attach~ent:
Reso 1 u!t ion 92- 4490
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