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C.D. # 43132-1 Smoky Hill River Flood Dike Agreementi I(�DUPLICATE ORIGINAL U CofS Counterpart q C.D. No. 43132-1 THIS AGREEMENT, made and entered into this day of, 1957, Ey—and between PACIFIC A RAD , a corporation of the State of Utah (hereinafter called "Railroad Company"), party of the first part, and CITY,OF SALINA, a municipal cor- poration of the State of Kansas (hereinafter called "Cityrf) , party of the second part, WITNESSETH: RECITALS: The City desires to construct, maintain and use ,a flood control dike with concrete sill (here- inafter collectively called "Flood Control Facili- ties") across the right of way and under the track of the Railroad Company at Salina, Saline County, Kansas, in the location indicated in yellow on the print hereto attached, dated-,September 19, 1957, marked "Exhibit All. and hereby made a part hereof, and in conformity with the plans of the Corps of Engineers, U. S. Army, on file in the office of the District Engineer, Kansas City District, Corps of Engineers, U. S. Army, Kansas City, Missouri, designated as File No. A-15-50, sheet 10, entitled "Drainage Structure Details, Kansas River Basin, Salina, Kansas, Smoky Hill River, Section I," which said plans are hereinafter referred to as "Engi- neers' Plans" and are hereby by this reference made a part hereof. AGREEMENT: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. RAILROAD CO!vPANY GRANTS RIGHT. In consideration of the covenants and agreements herein contained to be by the City kept, observed and per- formed, the Railroad Company hereby grants to the City, sub- ject to the terms and.conditions herein stated,the right to construct and thereafter, during the term hereof, to maintain and use the Flood Conirol Facilities across the right of way 1 19 and under the track of the Railroad Company in the location shown shaded in yellow on Exhibit A, and in conformity with the construction details indicated on said Engineers' Plans. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Railroad Company to use and maintain its entire railroad right of way in the performance of its public duty as a common carrier, and, is also subject to the right and power of the Railroad Company' to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, telegraph, telephone, sig- nal or other pole and wire lines, .pipe lines and other facili- ties upon,..along or across any or all parts of said right of way, all or any of which may be freely done at any time or times by the Railroad Company, in,,' -so far as same shall not in- terfere with the proper operation,of said Flood Control Facil- ities, without liability. to the City or to any other party for compensation or damages. The foregoing grant .is made without warranty of any kind whatsoever and subject to all outstanding superior rights whatsoever and the right of the Railroad Company to renew and extend the same, and, without limiting the generality of the foregoing, is further made subject to that certain agreement, dated November 23, 1925, identified in the' records of the Railroad Company as C.D. No. 37$5-B,�.and supplements thereto, between Union Pacific Railroad . Company and County of Saline, State of,Kansas, the latter..having, by instrument dated May 18, 1931, assigned all of,its right, title,and--interest in said agreement, as supplemented, to THE STATE OF`KANSAS, act- ing through The State Highway Commission, which said agreement as supplemented and assigned, covers lease of certain portions of the, right of way of Union Pacific Railroad Company for highway purposes, and the City shall make its own arrangements with said State Highway Commission with respect to the con- struction, maintenance and operation of the Flood Control Fa- cilities within the limits of the premises leased as aforesaid Section .2. CONSTRUCTION --MAINTENANCE. Except as -otherwise in this Section 2 specifically provided', the Flood Control Facilities shall be constructed and thereafter maintained by and at the expense of the City, and all.work performed by the City on said right of way shall be performed in a manner satisfactory to the Chief Engineer o the Railroad Company or his duly authorized representative an in accordance with the plans and specifications of the Engi- neers' Plans which shall have been approved by the Railroad Company's Chief. Engineer. The Railroad Company shall, at its sole expense, raise the grade line of its said track so that the elevation of the subgrade thereof shall not be lower than the elevation y. 2 f top of dike at the point of its intersection with said rack. The City hereby agrees to cause any contractor em- loyed by itself or said Corps of Engineers for the construc- ion of said Flood Control Facilities to comply with all sug- estions of the Railroad Company's authorized representative elating ,to procedure whenever and wherever possible delay to ailroad operations is involved, it being the intent that the ailroad Company's representative shall be the final author- ty on all matters affecting rail traffic. Section 3. RESTORATION OF RAILROAD COMPANY'S PROPERTY. In the event the City shall take down any fence of the Railroad Company or in any manner move or disturb any other property of the Railroad Company in connection with the construction and maintenance of said Flood Control Facilities., then and in that event th-e City shall, as soon as possible an at its sole expense, restore such fence and/or such other property to the extent practicable and, in any event, in a manner acceptable to the Railroad Company, and the City shall indemnify and save harmless the Railroad Company from and against 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 Df 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 other property of the Railroad Company. ection 4. LIABILITY. The City agrees to indemnify,and save harmless the ailroad Company and any and all other carriers which may use he tracks and property of the Railroad Company and the succes ors and assigns, officers, agents and employes of the Rail- oad Company and such other carriers, from and against all oss, damage, claims, demands, actions, causes of action, osts and expenses of whatsoever nature growing out of injury o or death of persons whomsoever or loss or destruction of or amage to property whatsoever, when such injury, death, loss, estruction or damage arises in any way in connection with or ncident to the construction, maintenance or operation of the lood Control Facilities. The City further agrees to reimburs, he Railroad Company for any costs which it may incur in fur- ishing necessary flagmen and for any cost which may result rom the improper performance of the work herein contemplated. ection 5. LIENS. The City shall pay in full all persons who perform Drk upon the right of, way to be occupied. by the Flood Control 3 Ficlities, and shall not permit or suffer any liens of any kinA or nature to be enforced against said premises for any work done thereon at the instance or request or on behalf of the City; and the City agrees to indemnify and hold harmless the Railroad Company from and against any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done or labor performed. (Section 6. RAILROAD PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE Before permitting any contractors to perform work for the City or the Corps of Engineers in connection with the construction or maintenance of said Flood Control Facilities, the City shall require such contractors or cause such contrac tors to furnish and maintain in force as long as such work shall continue upon the Railroad Company's said right of way iinsurance on behalf of Union Pacific Railroad Company, The Atchison, Topeka and Santa Fe Railway Company and Chicago, Rock Island and Pacific Railroad Company, respectively, and b separate original policies with the coverage and provisions contained in the so-called "RAILROAD PROTECTIVE INSURANCE EN- DORSEMENT, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE," a copy of which endorsement is attached hereto, marked "Ex- hibit B," and hereby made a part hereof. The limits of the Insurance Company's liability to each of the Railroad Companies aforesaid and as insured under such endorsement shall be as indicated in Exhibit B. The original of each such policy in favor of said Railroad Companies, respectively, shall be furnished to the City for transmittal to the Railroad Company's Chief Engineer At Omaha, Nebraska, before starting the work. Section 7. REMOVAL OF FLOOD CONTROL FACILITIES. Within thirty days after the termination of this agreement howsoever, the City, if requested so to do by the (Railroad Company, shall, at its.sole expense, remove said Flood Control Facilities from said right of way and restore said right of way to a condition comparable to that existing at the time of the construction of the Flood Control Faciliti,e Section 8. EFFECTIVE DATE - TERM - TERMINATION. This agreement shall take effect as of the date first herein written, and shall continue in full force and of fect for a period of five years; PROVIDED, however, that the Railroad Company may terminate this agreement on thirty days' notice in the event of the default by the City of any of.the covenants or agreements of the City herein contained, and PRO VIDED FURTHER that in the event of abandonment, by appropriat public authority having jurisdiction, of the flood control project, of which the Flood Control Facilities form a part, this agreement shall terminate forthwith. lk Section 9. ' ASSIGNMENT, The City shall not assign this agreement or any interest therein without the written consent of the Railroad Company. Section 10. SUCCESSORS AND ASSIGNS. ' Subject to the provisions of Section 9 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. r Witness: FIC RA31ROAD COMPANY, ice es den CITY OF SALINA, By Mayor Attest : City er'c (Seal) 5 RESOLUTION o s WHEREAS, the Council of the City of has said'proFosed agreement before it and has given 1 careiT,i1 review and consideration; and WHEREAS, it -is considered that the best interests of said City of` will be subserved by the acceptance or sala agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Th"a�° sof.the , Thahe termagreement submitted byy, the Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalof said City; That the mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and"to attach to eachduplicate original of said agreement a certified copy of this resolution. STATE OF ss COUNTY OF I, r 1; 2 Paterson City Clerk of the Cit of ,M ; hereby certi- fy, hat .t a ove .an cry -go ng s a 'true Mai and correct cop7 of a re7solutioiz adopted by the Council of the City of Alt at a meeting held according -to law at a lyat Zamad on the 19th. day of November , 19, as the same appears on file anal of record in this office. IN TESTIMONY W -C -RF -OF, I,have hereunto set -my hand and affixed the corporate seal of` -said City, this 19th _ day of AQUAor 19—n. C ( Seal) City Clerk of .the City of r -•j U.P.R.R. Go. { SALINA, KANSAS a i To accompany agreement with City of Salina covering license for flood ,control dike across Railroad right of way Scale 1" M 100 Office of Chief Engineer Omaha, No br . , Sept. 19, 1957 ea LEGE ND L aonse area for dike shown. • • • • . • ..Yellow Existing highway lease to State Of Unsax outle►d ................ . .amen R.R. right of war owtli d.•••••••••..•Red N N. E. 1'' 4 65 E./4 v' vz� 41 4 �, Pro C p. i0' Top Dike ' Y t!7 a� r -•j U.P.R.R. Go. { SALINA, KANSAS a i To accompany agreement with City of Salina covering license for flood ,control dike across Railroad right of way Scale 1" M 100 Office of Chief Engineer Omaha, No br . , Sept. 19, 1957 ea LEGE ND L aonse area for dike shown. • • • • . • ..Yellow Existing highway lease to State Of Unsax outle►d ................ . .amen R.R. right of war owtli d.•••••••••..•Red N. E. 1'' 4 65 E./4 v' vz� 41 4 �, Pro C p. i0' Top Dike ' Y 3 : t Side Slopes '� w r -•j U.P.R.R. Go. { SALINA, KANSAS a i To accompany agreement with City of Salina covering license for flood ,control dike across Railroad right of way Scale 1" M 100 Office of Chief Engineer Omaha, No br . , Sept. 19, 1957 ea LEGE ND L aonse area for dike shown. • • • • . • ..Yellow Existing highway lease to State Of Unsax outle►d ................ . .amen R.R. right of war owtli d.•••••••••..•Red N. E. 1'' 4 65 E./4 v' vz� 41 4 �, Pro C p. i0' Top Dike 3 : t Side Slopes l 6�� Leased to State f of Ka C E. Cont No. 56081 G.E. Deed No. 13733 o 408.5' M N 'TO DENVER `' __ Prop. 33"%J -AE,' Gonc.5111 TO KANSAS CITY i gnat }ne - .o ^ 55'- 55' fill Exhibit "A" e c i. c c i. f r -•j U.P.R.R. Go. { SALINA, KANSAS a i To accompany agreement with City of Salina covering license for flood ,control dike across Railroad right of way Scale 1" M 100 Office of Chief Engineer Omaha, No br . , Sept. 19, 1957 ea LEGE ND L aonse area for dike shown. • • • • . • ..Yellow Existing highway lease to State Of Unsax outle►d ................ . .amen R.R. right of war owtli d.•••••••••..•Red EXHIBIT Railroad Protective Insurance Endorsement Public Liability and Property Damage In consideration of the premium charged for the policy of in- surance to which this endorsement'is attached, it is further under- stood and agreed as follows: 1. That pert ane of Railroad Comp Y' insured is hereinafter referred to as'the "Insured." 2. That the Insurance Company hereby agrees to pay to and on behalf of the Insured and indemnify the Insured against: (A) All loss from the liability imposed upon the Insured by law for damages for bodily injuries (including death at any time resulting therefrom, and including care and loss of service) suf- fered or alleged to have been suffered by any.person or persons (including, but not limited to, passengers and employees of the Insured), caused by, resulting from or in any manner connected with the prosecution of the work hereinafter described; and (B) All loss from and liability for damage to or loss or destruction of property and loss of use thereof (including, but not limited to property owned, leased, occupied or used by, or in the care, custody and control of the Insured or any employees of the Insured), caused by, resulting from or in any manner connected with the prosecution of the work hereinafter described. 3. The Insurance Company hereby agrees: (A) To defend in the name of and on behalf of the Insured any suit or action brought against the Insured seeking damages on account of any such bodily injury or death, or property damage, loss or destruction, even if such suit or action is groundless, false or fraudulent; provided, however, that the defense of any suit or action (or the prosecution of any subrogation rights) with- in the scope of the coverage of this policy, shall be handled in cooperation with the insured if the latter so chooses. (B) To pay, irrespective of the limits of liability stated in this endorsement, all costs, all premiums on attachment and appeal bonds taxed against the Insured or required in any such proceedings, all expenses incurred by the Insured, and all interest accruing after entry of judgment against such part thereof as shall not be in excess of the limits of the Insurance Company's liability until the Insurance Company has paid, tendered or deposited in 1 4.. ,, court the amount of such judgment or such part thereof as does not exceed the limits of the Insurance Company's liability as expressed in this endorsement. 4. Description of the work: The Insurance Company hereby agrees that the work herein referred to shall mean all work and operations of the contractor hereinafter named and its subcontrac- tors, agents and employees, under or in connection with Contract No. dated between the of , acting by and through and Name of Contractor and any amendments thereof and supplements thereto, for the per- formance of the following work: Description of Work) , County of , . 5. The Insurance Company hereby agrees that all exclusions in the policy of insurance to which this endorsement is attached are hereby deleted, but it is understood and agreed that this endorse= ment does not cover any liability or loss as a result of bodily in- jury or death, or property damage or destruction; (A) Caused solely by the negligence of the Insured, its agents or employees. (H) Suffered by any person or persons, or occasioned to any property, on account of whose injury or death or the damage or destruction of which the Insured shall have by agreement or other- wise voluntarily assumed or retained liability which, without such agreement, would not attach; provided, however, this endorsement shall cover any liability of the Insured arising from or as a part of any contract for the carriage of persons or property as a com- mon carrier, and any liability as a bailee or otherwise of proper- ty, including rolling stock and equipment. 6. It is further understood and the Insured are loaned or assigned to tractor, to perform work in connection by this endorsement which is not in an N agreed that when employees of the contractor or his subcon- with his operations covered y way the work, business or 4 r operation of the trains of the control of the Insured, and if subject to the direction and c employees or subcontractors, i work, then for the purpose of be regarded as employees of th i s Insured, or is not .done under direct such employees of the Insured are atrol of -the contractor., his agents, all matters pertaining to their his insurance such employees shall contractor. 7. The limits of the lnsrance Company's liability under this endorsement -to. theInsure are as follows: Each.. Each Person. Occurrence Aggregate Not Bodily injuries and death coverage: $.,W X00*00 $500 -Applicable Not Property damage coverage: Applicable $iQ X300 $5,00_ .3 8. Anything in the policy to which this 'endorsement is at- tached to the contrary notwithstanding, coverage provided under this policy is exclusive of .any carried by the Insured., :and coverages provided under this policy shall be exhausted first, notwithstanding the fact that the Insured may have other valid and collectible in- surance covering -the -'same risk. 9. Anything in the policy to which.this endorsement is attached to the contrary notwithstanding, the policy shall not be canceled, altered, amended or coverage reduced,without the giving of not less than thirty (30) days written notice by the Insurance Company to the Insured and the of , Acting by and thru 10. Liability for payment of premiums under the policy to which this endorsement is attached, is solely upon the contractor named in paragraph 4 hereof. 11. Any of the provisions of the policy to which this endorse- ment is attached, inconsistent with this endorsement are hereby amended to conform with this endorsement; but, except as hereby modified and supplemented, the provisions of this policy shall be and remain in full force and effect. This endorsement is to be attached to and forms a part of Policy No. issued to and shall become effective on the day of , 19 , at the hour designated in said policy. k� 3 Insured, or is not .done under direct such employees of the Insured are atrol of -the contractor., his agents, all matters pertaining to their his insurance such employees shall contractor. 7. The limits of the lnsrance Company's liability under this endorsement -to. theInsure are as follows: Each.. Each Person. Occurrence Aggregate Not Bodily injuries and death coverage: $.,W X00*00 $500 -Applicable Not Property damage coverage: Applicable $iQ X300 $5,00_ .3 8. Anything in the policy to which this 'endorsement is at- tached to the contrary notwithstanding, coverage provided under this policy is exclusive of .any carried by the Insured., :and coverages provided under this policy shall be exhausted first, notwithstanding the fact that the Insured may have other valid and collectible in- surance covering -the -'same risk. 9. Anything in the policy to which.this endorsement is attached to the contrary notwithstanding, the policy shall not be canceled, altered, amended or coverage reduced,without the giving of not less than thirty (30) days written notice by the Insurance Company to the Insured and the of , Acting by and thru 10. Liability for payment of premiums under the policy to which this endorsement is attached, is solely upon the contractor named in paragraph 4 hereof. 11. Any of the provisions of the policy to which this endorse- ment is attached, inconsistent with this endorsement are hereby amended to conform with this endorsement; but, except as hereby modified and supplemented, the provisions of this policy shall be and remain in full force and effect. This endorsement is to be attached to and forms a part of Policy No. issued to and shall become effective on the day of , 19 , at the hour designated in said policy. k� 3 IN WITNESS WHEREOF, the Insurance Company has caused .this Endorsement to be signed by its President; but the same shall not be binding upon the Company unless countersigned by its authorized.agent. Countersigned at By: Authorize Agent resident Form 2213 DUPLICATE ORIGINAL - EXTENSION RIDER. UP Copy C.D. No. 43132-1-A To be attached to agreement Audit No.____ ---9-05 59 C.D. No._14313 2-1___._ --- i No.—No. Between UNION PACIFIC RAILROAD COMPANY and CITY OF SALINA Assignments—Dates and Names of Assignees: - - Covering construction, maintenance and operation of flood control facilities across right of way, Location Salina, Kansas. DatedN4v:_l�,,,-_1157___EffectiveDate Nov_!__14a__�917_Expiration (Original) Nov_. 18 _ 1%62 Expiration (by latest extension) Supplements, including extension riders—Dates - - IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above named agreement that the term thereof shall be and hereby is extended to and including November 18„ 19-6-7— and that all the terms and conditions I thereof, as heretofore (if supplements to the original agreement are indicated above) or herein (if any special provisions are written below) amended, shall remain in full force and effect during the extended term, said agreement with the amendments and supplements (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for terml- nation prior to the expiration of the term hereby extended. i. Special Provisions Dated ___._._, 1912- Made in duplicate. Witness: UNION _PACIFIC &AI ROAD Witness: By _ Tice President CITY OF SALINA, Mayor RESOLUTION %z_ a 6 � . j__ . WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered o the CITY OF SALINA, State of Kansas, an agreement extending o and including November 1$, 1967) the term of contract dated ovember,19, 1957, covering the construction maintenance and se of a,flood control dike with concrete siil across the fight of way and under the track of the Railroad Company at alina, Kansas; said agreement being identified.as Railroad ompanyt s C.D. No. 1+3132-1; and 4H•EREAS, the Council of the City of Salina has said proposed agreement before it and has give z caireful, review and consideration; and IvHEREAS, it is considered that the best interests of said City of Salina State of Kansas will be subserved by a accep ance.o sald agreement; THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE. (CITY OF SALINA, STAVE OF KANSAS: That the terms. cf the agreement submitted by, the Union 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 that the City Clerk of said City is hereby authorize$ 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, T_7e'7_e_ r So iV , City Clerk ..of the City of Salina State of Kansas , hereby certi fy that the anove and foregoing is a trueFull and correct copy of a resolution adopted by the Council of the City of. _ Salina, State of Kansas__ , at a meeting held according to law at Salina, Kansas , on the �day of 196, as the same appears on file and of record in this office. IN TESTIMONY %HEREOF, I have hereunto set my hand and affixed the corpgrate seal of said City, this day. of 1962 . Seal) City Clerk of the gity of Sarna, State of Kansas. DUPLICATE ORIGINAL. - city s Copy - ' Form 2213 5-66-30M EXTENSION RIDER � 0.14NO, 43132* 1"B --- - No. -9 1 To'[ie attachedto agreement Audit No.________..9.Q��.9____—�__ "' --_—__-- No. ____ __ No. --- Between va. o6inc amoo C010A Ud CIV 4V SAU Assignments—Dates and Names of Assignees: Covering cl y4t�. i6t on,N maintenamee, and op#ratjon .of flood ntrol ai iki I a "roes richt 4f wv, Location Ulina, a1'1'a 1.. Dated. .V�', 10 �9 __Effective Date NOV 12# 1957 _Expiration (Original) Expiration (by latest extension) — 1erre>nber 18,---_----------�_--------___-- Supplements; including extension riders -Dates 00t.23,4962. IT I9 HEREBY MUTUALLY AGREED by and between the Present parties to the above named agreement that the term thereof shall be and hereby is extended to and including 19-, and that all the terms and conditions thereof, as heretofore (if supplements to the original agreement are. indicated above) or berein (if any special provisions are written below) amended, shall remain in full force and effect during the extended term, said agreement with the amendments and supplements (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for termi- nation prior to the expiration of the term hereby extended. Special Provisions: Da 19 Made in duplicate. Witness: -$- ---- -- ---- By - - Prosident Witness: A RESOLUTION, 4, A statoil or X"" 11,L M Noveibor - 197to t;: tox 19$Tp 6over1q; tho oonatructic d* obntrol *Lke with, conaret6' o gild Ander the'tmok *t tho MA ol' SAM opeement b6ling 140t 1,; NoW 43132,41-4W PIV 1:-QQUT#=Qrr -nototorAnoo ead 40"00 the ot gall 4 na, ...WHIMEASt the Council Of the City of ha6:'said "p'r*o* 6d igredment before it and zhas. ZjVb-h- it care L. , po a. : - 1. I . .. re 436'4: consideration; And As conside'red rests of' R that,:the: best Ante said Cit ��'WHE EAS-,- it `Of & stitthe acceptance eptafide of sa'id—agreement; BE IT RESOLVED BY THE COUNCIL OF THE'. CITYOF` -y That the terms of the. agree,nent submitted bthe Union - P4cific Railroad Company as aforesaid be, and the same, are acceptedin behalf of said City; ' That the' Mai r of said is hereby authorized em owered and directed execute said afreement on behalf of 4a d.. C.ityA and that the City Clerk of d,City is hereby - authorige and directed to. attest said agreement'and to attach to each duplicate original of said agreement, a certified copy of :this; resolution. STATE OFt as Vi kioll COUNTY 'OF ' City Clerk_ of t he I City, . 6 . f at wAinafta f' hereby c ert i fy,thAt the a o g rue, I uJLJL and .correct copy -of -a -:'.-resolution adopted by the Council of.the City of at a meeting held. according -to law at. . �n ft A 114VA%� dk on th e. day of 19-4. 0 ,as he, same appears. on file atfd or record in this offices. IN TESTIMONY WHEREOF, I have hereunto .set my hand and aff1.xd&,,,-the- corporate a al—of said City, this of 7'��'y 4 =y C I erk of the Ulty.of