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Home My WebLink About55-72 RESOLUTIONRESOLUTION NO. 50Y- 2 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be and they hereby are authori- zed and directed to execute a request for permit for entry upon the right of way of the St. Louis -San Francisco Railway Company, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 19720 PASSED AND APPROVED this day of 9l /aim .il , a ATTEST: APPROVED: J. L OOWNS Gen. Sept Cantu. & Signals IL IL BLAYLOCK Supt. Coamunicatfens O. P. OROIT swt. Signals M. Donald L. Grimes City Manager P. 0. Drawer F Fayetteville, Arkansas Dear Mr. Grimes: ST'. LOUIS-SAN FRANCISCO RAILWAY COI:IP:AN'Y 3253 Fast Trafficway — Springfield, Mo. 65802 — (417) 862-2722 November 2, 1972 - G 5- RIGHT of Way: [dire Attachments: Fayetteville City of: Fayetteville . 4..,A Your letter October 5 requesting permission to attach power wires to Frisco pole at intersection of Johnson Road and Highway,71 Bypass at Fayetteville, to serve flashing beacon lights being installed by Arkansas State Highway Department. Herewith Frisco Permit form covering these attachments, using October 5, ,1972 as the effective date. Won't you please have the form properly executed by the City, attach copy of resolution authorizing the person executing the form to bind the City in such. transaction and return both copies of form to this office for com- pletion by the Frisco. You will be furnished copy of the form when -completed. Billing in the amount of $57.50 will be submitted upon completion.of the form. AGREEMENT— PERMIT FOR ENTRY UPON RIGHT OF WAY Form 1223 AND USE OF COMMUNICATION PLANT FACILITIES Rev. June 1971 This agreement, entered into, in duplicate, this day of '19 , between ST. LOUIS-SAN FRANCISCO RAILWAY OOMPANY, hereinafter called "Licensor", party of the first put, and City of Fayetteville, .Arkansas hereinafter referred to as "Licensee", party of the second part: WITNESSETH: a. ... - ,.. .:. The Licensee hereby requests permission to enter upon right of way and use the facilities described below owned by the Licensor, beginning on the 5th day of October 19�. Location FM tteville. Arkansas. ATTACHMENTS oleos WIRES SHOW WHETHER USE IS :'MADE PALES D ARMS, POLES ANLY CABLES ANNUAL RENTAL a�•, KIND .F OR ARYj ONLY. a?• PAIR AG Dlu�m' ttcfunfrs. RATE TOTAL 1 Z Powe Pole 2 (Non -re- $7.50 curring) Conduit, Cable Conductors, Open Wires, Operating Power or Office Space and Terminal' - Equipment. List each item separately and describe in detail. "' -• '' : `<= N n-recur TOTAL RENTAL - Remarks: Give details as to location of facilities. In the case of attachments of electric tights or power wires, describe how attach- ments are made. If can be shown satisfactorily only be means of a diagram or by supplementary statement, attach same to this form. Two power wire attachments to pole at intersection of Johnson Road and Highway 71 Bypass. Permission is hereby granted the. Licensee to enter upon the right of way and property of the Licensor and use the communication plant facilities hereinbefore described subiect to the conditions on the back hereof. tkRenun c gletion of this form $7.50 plus contract fee $50,Tota1 $7.50 Non- Ren s e id * . in advance on of each .year. Minimum rental period shall be Rental charges shall commence -- Upon termination of license rental will be adjusted to None Licensee Licensor St.Louis-San Francisco Railway Co. By Title ATTEST . WITNESS (If not a corporation): ATTEST (If a corporation): Secretary Title Gen* Suet. Comm. & Sijznals ATTEST Secretary . - .. _ '} CONDITIONS , ; , 1, The Licensee shall pay to the Licensor rental at the rate shown on the face hereof. The minimum rental period, the regular billingleriods, the date from which start of rental will be computed and the date to which adjustment of unearned rent for facffiues terminated will be made shall be fixed in accordance with the practice of the Licensor unless otherwise agreed, j 2. After the expiration of,the minimum rental period, this "lease may be terminated by (1) the Licensee vacating the lease pole line, crossarm and conduit space or ceasing to use the leased wires, conductors and other facilities and then giving written notice to the Licensor thereof, or (2) the Licensor giving the Licensee thirty (30) days' written notice. Also, this lease may be terminated at any time by the Licensor' giving notice to the Licensee that the_,, se,4£the leazed facilities is:forhidden by municipal or other public authorities or by property owners or that the Licensee has failed to comply withany,cpndid ns Kg{eof.;Upon.aU s)ich termination by the Licensor, the Licensee will discontinue forthwith the use of the leased facilities and wii remove its property from the property of the Licensor. If the Licensee fails to discontinue the use of such leased facilities and to remove its property, the Licensor serves the right to cause such discontinuance and removal at the expense of the Licensee, and no liability shall inure to the Licensor on account of such discontinuance or removal. 3. Facilities shall be used and attachments shall.be made and maintained in accordance.with the Licensor's regulations or stimc4rd sfeoftcatio/�nscyndin,such marmer as will not conflict with the use by Licensor of its plant. �SO`i i7wOr3 S 4. The Licbnspe%Or ia�erty shall be maintained at the sole cost, risk and expense to the Licensee. Arrangements may be made to have this work done by the Licensor, in which case a separate charge for the work will be paid by the Licensee to the Licensor. S. Licensee shall at any time, at its own cost, risk and expense, upon written notice from Licensor, change, alter,.improve or renew its property covered hereby in such manner as Licensor may direct. Should it become necessary at any time to change the location, of any of the Licensee's wires, cables or other facilities from one position to another on or in the Licensor's poles, crossamis, conduit systems, offices or other plant, such work may be done by the Licensor at the sole cost, risk and expense of the Licensee. 6. Lice wee shall not at any time make any changes in the location of its attachments to or in the use of Licensor's plant LIMtget7i RR Q;ent in writing of the Licensor. - _ 7. licensee shall not assign, transfer or sublet any of the privileges described in this permit without the consent in writing of the Licensor. 8. Nothing herein contained shall be construed to confer upon Licensee any rights of property in the plant facilities of Licensor or as a guarantee to Licensee of permission from municipal or. other public authorities or property owners to use plant futlities1b;ill DLOR naziG?oL $O 11Oi:i 09 "Y97 tli 3E 910:j 0-1�7f7'?1:1f1.:�1-;��E OaSv7 i9a0[ O;:i 9. All cables placed in ducts by Licensee shall be tagged with its name, and no cables se pfa ed's$a)Ybe us 4arry currents of electricity for lighting or power purposes. . . 10. Licensee shall not enter manholes for any purpose or interfere with or disturb the plant facilities of Licensor unless pernumon m writing is first obtained. �? —LO! O'.;1 x..i c�.1 tIt is It 11 °r 3.-'+:"S1 n.0 � Io ii''.. i• I:.YJ°} '.'.Li.7 30 f10 T_'•OSu i'JO nw.-U :• V1. L censee shall indemnify and- save harmless Licensor "against any and all damages or loss that may. ttstdtiS3Ke'tquip ment or property owned or used by Licensor and from and against any and all legal and other expejises, claims, costs, losses, suits, judgments, and damages or injuries arising to persons or property by reason of the placement, use or maintenance by the Licensee of plant facilities hereunder or by reason of the acts or omissions, negligent or otherwise of the agents, employees or invitees of .OJ140P_tii�`�e fggagcd, ;ftxhe worlrcof-placingrmaintaining, relocating, renewing or removing plant facilities hereunder. 12. Currents in excess of 350 milliamperes, or open circuit voltagesin excess of 160 volts to ground on grounded circuits, or open circuit voltages in. excess. of 320 volts between any twopointson metallic circuits shall not be applied to conductors leased hereunder. In order to prevent interference with the Licensor's wires or service due to the Licensee's use of the conductors leased hereundery t'hElbice,nsee shill;:Siiihout.e;pane 4td3fie Licensor, apply such remedial measures as may be specified by the Licensor. 13. The Licensee shall pay to the Licensor a setting -up charge of $5.00 for establishing each circuit. 14. It is expressly understood that the wires covered by this agreement, or any extensions to such wires, shall not be attached to poles or other supporting structures carrying open wire supply circuits or supply circuits in cable not having permanently grounded continuous metal sheath, the voltages or currents of which are in excess of those specified in the following table, unless such special electrical protection as may be designated by the Licensor is installed between the supply line and the Licensor's line: - Kind or Circuit . Maximum Allowable Voltages or Currents - - Constant Potential A. C. } 5,000 volts between conductors (2,900 volts to neutral or ground) Constant Potential D. C. - 750 volts to ground Constant Current A. C. - 7.5 amperes- ��