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HomeMy WebLinkAbout97-77 RESOLUTION• RESOLUTION NO. 9/-77 1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE CONTRACT WITH ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY FOR A SEWER LINE CROSSING IN THE ARKANSAS HIGHWAY 71/JOHNSON ROAD AREA. 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, autho- rized and directed to execute a pipeline contract with St. Louis -San Francisco Railway Company for the purpose of a sewer line crossing in the Arkansas Highway 71/Johnson Road area. A copy of said contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS /3 DAY OF /244aa.4i , 1977. ATTEST: CI Y CLERK APPROVED: MAe� YOR MICROFIED DATE QC Y 0 197$ REEL y PIPE LINE CONTRACT Form MW -1 Rev. Sept. 1974 THIS AGREEMENT, entered into, in duplicate, this 2nd day of November ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, hereinafter called 'Frisco', party of the first part and Fayetteville, Arkansas hereinafter called 'Licensee', party of the second part, the term 'Licensee' wherever herein used referring to and meaning each and every party of the second part hereto; WITNESSETH: Frisco, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee, beteby grants permission to Licensee to excavate for, lay, construct, maintain, repair and operate a 16.46" sewer pipe line (hereinafter referred to as 'pipe line') under the right of way and tracks of Frisco, at or near Fayetteville Arkansas , at the following described location: a Mile Pole 350 minus 37201 19n between the City of The aforesaid grant is made by Frisco and accepted by Licensee upon and subject to the following conditions: 1. Licensee shall pay to Frisco an initial charge of Fifty Dollars (3 50.00 ), and annually in advance a rental fee of annual rental fee waived Dollars (S MCCO C ), promptly upon presentation of bill therefor. 2. Licensee (or Licensee's contractor) shall lay, construct and maintain said pipe line in strict accordance with the current specifications of the American E Ryan BuEngineering t/ ineer Chicago, Association, 6; copies of which may be obtained from the American Railway Engineering Association, 3. Licensee (or Licensee's contractor)shall, at Licensee's expense, do all work of excavating for, laying, constructing maintaining, repairing and operating said pipe line at such times and in such manner as not to interfere with, endanger or obstruct the roadbed, tracks or right of way of Frisco or the operation of its railroad. All work done hereunder by Licensee (or Licensee's contractor) shall be under the direction and subject to the inspection and approval of Frisco's Chief Engineer, or other authorized representative, who shall have full authority to direct the time and manner of doing the work and require the same to be done as he directs; and if Licensee (or Licensee's con- tractor) fails or refuses to comply with his directions, said Chief Engineer, or other authorized representative, may stop the work altogether. 4. 1f Frisco shall at any time change the grade of said right of way or tracks, or change the location of any tracks, improvements, facilities, structures or appurtenances now or hereafter located upon said right of way, or construct or cause or allow to be constructed any additional tracks, improvements, facilities, structures•or appurtenances upon said right of way, and shall pot terminate this agreement on account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe line in a manner prescribed by Frisco's Chief Engineer or other authorized representative. 5. Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in- curred by Frisco, incidental to any work done, or to be done, by Licensee (or Licensee's contractor) under the terms of this agreement or which, under the terms hereof, are to be borne by Licensee. Such costs and expenses shall include, but not be limited to, costs of labor, traveling expenses, material, freight charges on material, applicable percentages for vacation allowances and paid holidays, health and wel- fare benefits, and payroll and sales taxes, plus ten per cent (10%) to cover accounting, use of tools and general overhead. 6. Licensee, as a further consideration for the aforesaid grant, hereby agrees to indemnify and save harmless Frisco from any and all claims. demands, causes of action, damages, judiments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become liable for on account of loss or desttuction of or damage to properry whatsoever and death of or injury to persons whomsoever and (b) all loss or destruction of or damage to said pipe line and'all other property of Licensee, growing out of excavating for, laying, constructing, recon- structing, maintaining, operating, repairing or removing of said pipe line, or the failure of Licensee (01 Licensee's contractor) to comply fully with Licensee's obligations hereunder, and whether caused by negligence of Frisco, its agents, servants or employes, of otherwise. 7. If either party hereto shall violate, continuously or otherwise, any of the terms of this agreement binding upon it, the other party hereto shall thereby be deemed neither to have waived nor relinquished any such term of this agreement nor (0 have acquiesced in such vio- lation thereof, unless the other party shall expressly consent thereto in w iting. a. Either party may terminate this agreement by giving to the othe parry thirty (30) days' written notice of intention so todo. Upon any termination of this agreement, Licensee shall, at its sole cost and expense, with n ten (10) days thereafter remove said pipe line from under said right of way and tracks and restore the same to a condition satisfactory to Frisco, and if Licensee shall fail so to do, Frisco shall have the right to make such removal and restoration at the expense of Licensee. No termination of this agreement shall release Licensee from any liability or obligation that may have been incurred by or that'may have accrued against Licensee hereunder during the term hereof. 9. This agreement shall bind and inure to the benefit of the successors and assigns of Frisco and the successors, heirs, executors, administrators and assigns of Licensee; provided that Licensee shall have no right to assign or transfer this agreement without first obtaining the written consent of Frisco. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY ATTEST: By J.E. O'Hearn, Superintendent Secretary rlfnolac orporation) 64 CVE r /r ATTEST: (If a corporation) Secretary Mayor. City of Fayetteville. Ark. RESOLUTION NO. 9.1—r7 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE CONTRACT WITH ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY FOR A SEWER LINE CROSSING IN THE ARKANSAS HIGHWAY 71/JOHNSON ROAD AREA. 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, autho- rized and directed to execute a pipeline contract with St. Louis -San Francisco Railway Company for the purpose of a sewer line crossing in the Arkansas Highway 71/Johnson Road area. A copy of said contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS /3 DAY OF t72,QtGa%n2LC[, , 1977. APPROVED: MAYOR ATTEST: CITY CLERK Fal PIPE LINE CONTRACT Form MW -1 Rev. Sept. 1974 THIS AGREEMENT, entered into, in duplicate, this 2nd day of November 191 L. between ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, hereinafter called "Frisco', parry of the first part and the City of Fayetteville, Arkansas hereinafter called 'Licensee', party of the second part, the term 'Licensee' wherever herein used referring to and meaning each and every party of the second part hereto; WITNESSETH: Frisco, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to excavate for, lay, construct, maintain repair and operate a 16.46" sewer pipe line --___(hereinafter referred to as 'pipe line') under the right of way and tracks of Frisco, at or near Fayetteville Arkansas at the following described location: • Mile Pole 350 minus 37201 The aforesaid grant is made by Frisco and accepted by Licensee upon and subject to the following conditions: 1. Licensee shall pay to Frisco an initial charge of Fifty Dollars (1 50.00 ), and annually in advance a rental fee of annual rental fee waived Dollars (5 7CROCGMC), promptly upon presentation of bill therefor. 2. Licensee (or Licensee's contractor) shall lay, construct and maintain said pipe line in strict acoordance with the current specifications of the American Railway Engineering Association. copies of which may be obtained from the American Railway Engineering Association, 59 E. Van Buren, Chicago, I11. 60605. 3. Licensee (or Licensee's contractor) shall, at Licensee's expense, do all work of excavating for, laying, constructing, maintaining, repairing and operating said pipe line at such times and in such manner as not to interfere with, endanger or obstruct the roadbed, tracks or right of way of Frisco or the operation of its railroad. All work done hereunder by Licensee (or Licensee's contractor) shall be under the direction and subject to the inspection and approval of Frisco's Chief Engineer, or other autho ized representative, who shall have full authority to direct the time and manner of doing rhe work and require the same to be done as he directs; and if Licensee (or Licensee's con- tractor) fails or refuses to comply with his directions, said Chief Engineer, or other authorized representative, may stop the work altogether. 4. If Frisco shall at any time change the grade of said right of way or tracks, or change the location of any tracks, improvements, facilities, structures or appurtenances now or hereafter located upon said right of way, or construct or cause or allow to be constructed any additional tracks, improvements, facilities, structures.or appurtenances upon said right of way, and shall not terminate this agreement on account thereof, Licensee shall thereupon,. at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe line in a manner prescribed by Frisco's Chief Engineer or other authorized representative. 5. Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in- curred by Frisco, incidental to any work done, or to be done, by Licensee (or Licensee's contractor) under the terms of this agreement or which, under the terms hereof, are ro be borne by Licensee. Such costs and expenses shall include, but not be limited to, costs of labor, traveling expenses, material, freight charges on material, applicable percentages for vacation allowances and paid holidays, health and wel- fare benefits, and payroll and sales taxes, plus ten per cent (10B) to cover accounting, use of tools and general overhead. 6. Licensee, as a further consideration for the aforesaid grant; hereby agrees to indemnify and save harmless Frisco 1 om any and all claims, demands, causes of action, damages, judiments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become liable for on account of loss or destruction of or damage to property whatsoever and death of or injury to persons whomsoever and (b) all loss or destruction of or damage to said pipe line and all other property of Licensee, growing out of excavating for, laying, constructing, recon- structing, maintaining, operating, repairing or removing of said pipe line, or the ailure of Licensee (or Licensee's contractor) to comply fully with Licensee's obligations hereunder, and whether caused by negligence of Fr sco, its agents, servants or employes, or otherwise. 7. If either party hereto shall violate, continuously or otherwise, any of the terms of this agreement binding upon it, the other party hereto shall thereby be deemed nei her to have waived nor relinquished any such term of this agreement nor to have acquiesced in such vio- lation thereof, unless the other parry shall expressly consent thereto in writing. 8. Either parry may terminate this agreement by giving to the other party thirty (30) days' written notice of intention so to do. Upon any termina ion of this agreement, Licensee shall, at its sole cost and expense, within ten (10) days thereafter remove said pipe line from under said r ght of way and tracks and restore the same to a condition satisfactory to Frisco, and if Licensee shall fail so to do, Frisco shall have the right to make such removal and restoration at the expense of Licensee. No termination of this agreement shall release Licensee from any liability or obligation that may have been incurred by or that may have accrued against Licensee hereunder during the term hereof. 9. This agreement shall bind and inure to the benefit of the successors end assigns of Frisco and the successors, heirs, executors, administrators and assigns of Licensee; provided that Licensee shall have no right ro assign or transfer this agreement without first obtaining the written consent of Frisco. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY ATTEST: By J.E. Mean, Superintendent Secretary WITH : (If nota corporation) (I 64 C. /p r fi ATTEST: (If a corporation) Secretary ME- 47-t--0216-42-4- Mayor. Mayor, City of Fayetteville. Ark. RESOLUTION NO. 91-77 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE CONTRACT WITH ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY FOR A SEWER LINE CROSSING IN THE ARKANSAS HIGHWAY 71/JOHNSON ROAD AREA. 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, autho- rized and directed to execute a pipeline contract with St. Louis -San Francisco Railway Company for the purpose of a sewer line crossing in the Arkansas Highway 71/Johnson Road area. A copy of said contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS /3 DAY OF /Ga,GGGYYkLiv , 1977. APPROVED: MAYOR ATTEST: CITY CLERK a PIPE LINE CONTRACT Form MW -1 Rev. Sept. 1974 • THIS AGREEMENT, entered into, in duplicate, this 2nd day of November ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, hereinafter called 'Frisco', party of the first parr and Fayetteville, Arkansas hereinafter called •Licensee', party of the second part, the term 'Licensee' wherever herein used referring to and meaning each and every party of the second part hereto; WITNESSETH: Frisco, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to excavate for, lay, construct, maintain, repair and operate a 6.46" sewer pipe line (hereinafter referred to as •pipe line') under the right of way and tracks of Frisco, at or near Fayetteville Arkansas , at the following described location: 1. , 1972 between the City of Mile Pole 350 minus 372010 The aforesaid grant is made by Frisco and accepted by Licensee upon and subject to the following conditions: 1. Licensee shall pay to Frisco an initial charge of Fifty Dollazs (2 50.00 ), and annually in advance a rental fee of annual rental fee waived Dollars (S ), promptly upon presentation of bill therefor. 2. Licensee (or Licensee's contractor) shall lay, construct and maintain said pipe line in strict accordance with the current specifications of the American Railway Engineering Association, copiers of which may be obtained from the American Railway Engineering Association, 59 E. Van Buren. Chicago, III. 60605. • 3. Licensee (or Licensee's contractor) shall, at Licensee's expense, do all work of excavating for, laying, constructing maintaining, repairing and operating said pipe line at such times and in such manner as not to interfere with, endanger or obstruct the roadbed, cracks or right of way of Frisco or the operation of its railroad. All work done hereunder by Licensee (or Licensee's contractor) shall be under the direction and subject to the inspection and approval of Frisco's Chief Engineer, or other autho ized representative, who shall have full authority to direct the time and manner of doing the work and require the same to be done as he directs; and if Licensee (or Licensee's con- tractor) fails or refuses to comply with his directions, said Chief Engineer, or other authorized representative. may stop the work altogether. 4. If Frisco shall at any time change the grade of said right of way or tracks, or change the location of any tracks, improvements, facilities, structures or appurtenances now or hereafter located upon said right of way, or construct or cause or allow to be constructed any additional tracks, improvements, facilities, structures•or appurtenances upon said right of way, and shall not terminate this agreement on account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe line in a manner prescribed by Frisco's Chief Engineer or other authorized representative. 9 Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in- curred by Frisco, incidental to any work done, or to be done, by Licensee (or Licensee's contractor) under the terms of this agreement or which, under rhe terms hereof, are to be borne by Licensee. Such costs and expenses shall include, but not be limited to, costs of labor, traveling expenses, material, freight charges on material, applicable percentages for vacation allowances and paid holidays, health and wel- fare benefits, and payroll and sales taxes, plus ten per cent (107.) to cover accounting, use of tools and general overhead. 6. Licensee, as a further consideration for the aforesaid grant, hereby agrees to indemnify and save harmless Frisco f ore any and all claims, demands, causes of action, damages, judjments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become liable for on account of loss or destruction of or damage to property whatsoever and death of or injury to persons whomsoever and (b) all loss or destruction of or damage to said pipe line and all other property of Licensee, growing out of excavating for, laying, constructing, recon- structing. maintaining. operating, repairing or removing of said pipe line, or the failure of Licensee (or Licensee's contractor) to comply fully with Licensee's obligations hereunder, and whether caused by negligence of Frisco, its agents, servants or employes, or otherwise. 7. If either party hereto shall violate, continuously or otherwise, any of the terms of this agreement binding upon it, the other party hereto shall thereby be deemed nei her to have waived nor relinquished any such term of this agreement nor to have acquiesced in such vio- lation thereof, unless the ocher par y shall expressly consent thereto in writing. 8. Either party may terminate this agreement by giving to the other party thirty (30) days' written notice of intention so to do. Upon any termination of this agreement, Licensee shall, at its sole cost and expense, with'n ten (10) days thereafter remove said pipe line from under said right of way and tracks and restore the same to a condition satisfactory to Frisco, and if Licensee shall fail so to do, Frisco shall have the right to make such removal and restoration at the expense of Licensee. No reriaination of this agreement shall release Licensee from any liability or obligation chat may have been incurred by or that may have accrued against Licensee hereunder during the term hereof. 9. This agreement shall bind and inure to the benefit of the successors and assigns of Frisco and the successors, heirs, executors, administrators and assigns of Licensee; provided that Licensee shall have no right to assign or transfer this agreement without first obtaining the written consent of Frisco. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY ATTEST: By J.E. O2Hearn, Superintendent Secretary WITH : (If nota corporation) 6f 61/4r�i' ATTEST: (If a corporation) Secretary . e x—ea.4. Mayor. City of Fayetteville. Ark. RESOLUTION NO. 97-77 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE CONTRACT WITH ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY FOR A SEWER LINE CROSSING IN THE ARKANSAS HIGHWAY 71/JOHNSON ROAD AREA. 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, autho- rized and directed to execute a pipeline contract with St. Louis -San Francisco Railway Company for the purpose of a sewer line crossing in the Arkansas Highway 71/Johnson Road area. A copy of said contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS /dr DAY OF L,GvrN.LLLit1 , 1977. ATTEST: CITY CLERK APPROVED: MAYOR