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HomeMy Public PortalAboutORD10480 map :I 1A IN BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MISSOURI PACIFIC RAILROAD CO. FOR THE INSTALLATION OF A FORCE MAIN AND GRAVITY FLOW SEWER LINE FROM HARRISON STREET TO BOGGS STREET. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute an amendment to the agreement with the Missouri Pacific Railroad Co. for the installation of a force main and gravity flow sewer line on Railroad's premises from Harrison Street eastwardly to the vicinity of Boggs Street. Section 2. The amendment shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. l r Passed q - 3 — J Approved Pr siding Offi r Mayor. ATTEST: City Clerk .4 t ' .tali ,r :y w+.. y •i. . ... .. ,, , B.d I IC JL �'i�. .�"7l 0 tl WW 14ARTIN AVENUE I �v AS' a .Wissoum 434120 ; , Yd.AkA CouC®1!S 446.2300 • Y •i8.C.MAY 'D.K.'BARNES. J.A.ANTHONY i: ''�rnsuC Paawoaw•. Be»cna�Btrisanitr - •, a-sR•m�r�a�Haacry , J.W.HEAVIN a ooinv�rh 6Am6 qua l aAOar . l+arrsr!M Rury wwaasn pranhcr�r+aar�n F.S.A.Gi ,136L r� WFCxC ANA W.W .'S ea�nahzH '. 'Atiaurnptlarx 8u11Yltae ME CHM06Ak9UFM4TVUYWXT August' 9, 19$j rile l,G 44- x$ C�ty'isf�Je.ffexr�iii� City, rijissotiri f / 2�1'.k:: I�cGarty"'St k 3t�ffe'r#on Xlty,::Missouri .65101 Geut3:emen." r� , �teference is made to that::, erfain written Ag''.eeixien dated September. 7, >: 1966; our No..'CA 6 536', hereinafter called."Basic AgzeopnL':' :puruan q which iiosoiri. �cific Rlrnad Connpany granted°City..of Jefferr�ara c'i.t�:, Misrnu d.•` `. license`�t>~�d-petmidgll�a. i ca'-- ristall a 'force main and gran ty.. �©w sewer one.an Ra�il•rosc s s..premises f rom. .Harrison str_eot� eaftfi idrdly to'.tfie'tiY�cinity of Boggs Street, att. Jefferson c:ircy; Missouri. We are iiifo>-med Lhat the:City. of Jeffez son City,', Missouri desArea�.ta rebuild the sptre>c line ih-ti a Vi6ivity ?of.Chestliu Street-;to`,canoes t n portion ? of tha force'main o gravi ty=flow and ,in :oonnectian.-therewith ha$ rorliie ,�ted 'pexxe�iss�Lon, ¢o iAstal3 a port, ari of._the propnso "' ,ddit3onal ,seiner :>tna €sci.Ra.i1- rand?s pxOpert�r,';t0 which -thrr; Missouri Pacific Railroad Coiu any 3.s agxeenbte, , k Now; therefor, iEfarriye 'aa of the.date hereof, it' is jn�td$rtood''a; d `agreoie . 4 ` .shall. be :deemed a:t�ihed:;to:Bisic Agreement a. Exhbit:"B" , . the attached wkiite print'`of Missouri PRGii3c:!`s'.Central Diatrict, e Na. 4 4-F dated.'July i6', 198$' " 2'. &ect3on 2( '}' of Tiasic Agreement' is c,hang d to r6i& '!A section: , ,rti •-of 1S^�:Irich'PVC•.,pipe, a p 'Oit mately .`60, fc�Ert:.:fn length;: �ieginning -_ t ¢x ist.ing ids Bold "mar red "S", ox @e<xdi�ag'..noz th�res; airdty:.;Co '.bar ' f ' ,screens and,a, section" of,1$pinch,PVC.pipe,'',apnro:s atlmly"`68 feet , in length, beginning at''bar screen, extending`northwesti�s.rd�.y . . to Cariler.s northerly right crf`way. .. y .s 3: City of.'Jeffersan.Cty, :INiisaourip• when 'returning this Agreement (signed) sha1X pay to'Missouri Pacific Railroad'Cum�iany $7t3:Oq •"r,,, - . for`the ,license- granted.' • may. w 2 ;-This letter is handed.you in duplicate. Please indicate. your acceptance W signing:•in `the space provided and returning the duplicate hereof_to the undersigned-%'Iollowing which this letter shall become a supplement to Basic Agreement, amending same solely to the extent herein provided. Basic Agreement, as: hereby supplemented and amended, shall' 'remain' in full force and effect pur ", • t sUant to the terms and conditions provided therein. Yours very truly, �. C. U 'ACCEPTED AND•AGREED: E. C. May CITY•OF, JEFFERSON CITY,' MISSOURI'.' r tl" ` Ilk se ' E ';�+ SC.�. ter, 7.�w�;. C, i4i�► EXIS`IIN G OWSSINC+ ECS a596*e* cr J rr► ~� rr t_1Vor}I, Ma. a 6 M.H. 1 r'EX75T1N � _` ;; �_„ � �`.__----=-=`—__________.. 13Ah C.P. E N••- �,. _y' y N M-LS tiff A`i E. Pr- i 7 Eml 1 AKY ot Uri, Lc.3r_At c�r AL rr,, tt r-- {4 l Nou i :. a�1J1 H ly � IFxX51I.Nf, NC- A31 n a fyi C �'�/✓ G0 cH F es, r I - ---'16!' Pv C A`)r4 5 401 1 I; M"r% I EC.1IUfll q 3 rr _ E X H 7 1 fy.0 SCALE MISSOURI OURI PACIFIC RAILROAD CEN TRAL DISTRICT C©MMaUY'f`l CONVEY @DI SAti1YARY CEti:.iC,� PCT 4xlMtafh 1'IL%_i5�1�C extY OF 1Ct'Ff.wtiON (Yi 1L ^31 FL'1�lt,l.l l.t�:O".t�YN� .�HU1nl1\t Ai ,. J 151.E,i Z I44. .. 60lJ{3I 1 OFFICE OF DISTAICf ENGINEER.KANSAS CITY,MO'�........w. DRAFTSMAN < DATE - 1 FILE NO. . y•E.. `c EXEI 84+PFI Yom, y *734478* REMS HeNet Cover Sheet AUDIT NUMBER CA61536 FOLDER NUMBER CITY JEFFERSON CITY STATE MO PARTY NAME JEFFERSON CITY, MISSOURI PRIMARY PURPOSE Encroachment - Pipeline EFF. DATE 9/7/1966 MP START 124.68 MP END 124.86 PRIMARY CIRC? MX125 DESCRIPTION Encroachment - Pipeline BOX NUMBER 0 BATCH 00 FORM 1 UI -60) OLD FORM 102-12-1 Contract No. A_ ..-_-___61.536 .........._ _. _....... _-___ ...... MISSOURI PACIFIC RAILROAD CO. WITH City of Jefferson City(Mo-)' ......................._....---..............------..........................-------••- ............................... ..... ..... ............. —..�_ ..........- _ - — Por..... LOn&ja???al Sewer Line encroachment on RR R at Jefferson City, Missouri 8!!,10!!,12°,18!l�za1,21♦n & 2611 from Boggs Creek r to Harrison St. Sta b537��1�'-�---bbd -�5--------......._.---- Owed aevtemhor_ 7e .1966.- ............................................. _ ... .............. .................................... Rvpirn 10 dayn notice (if. Car RenewalContrast No ............................-.................. ............--......- See r•_rpired........................................ Entered in Expiration Book................................................................-....._ Y, Kansas City, Missouri September 24, 1985 File: G 44-E-7 p� ,v Supervisor -Contracts and Lease Records - Room 1301: Attached is Supplement dated August 9, 1985, to Agreement No. CA -61536, dated September 7, 1966, running to City of Jefferson City, iii ssouri covering a force main and gravity flow sewer line at Jefferson City, Missouri. Supplement provides for the sewer line to be rebuilt in the vicinity of Chestnut Street to convert a portion of the force main to gravity flow and to install a portion of the proposed additional sewer line on Railroad's property. Attach Supplement to original of Basic License thereby making it a part thereof. We are handling for fee of $750.00 on this supplement and it will be forwarded to Union Pacific System in Omaha when received. cc: R. K. Davidson C. D. Barton L. J. Randolph - MC7124 BBB - Omaha, NE G. 0. Everett, Jr. G. W. Thompson fs e", MISSOURI PACIFIC RAILROAD CO. 61002MARTIN AVENTUE KANSAS CITY, MISSOURI 64120 c c' ztA I.F.{"D V' u TEL AREA CODE B IS 240.2300 .VAC'` E C. MAV, N'' GR' ',1�. 4,� �" D. K. BARNES J. A. ANTHONY Gp[wAE MANAG<Ay� `��i' \, GENERAL SUPERINTENDS a,m¢r MANAGER \• n CONTRACT, LAND AND LL.9ES P. L'4UCKER. " t:;" v J. W.HEAVIN Aav,T Gwwu,4NAG." E.I.A. M. A. GRAYBEAL • �' MAnAGER S. W. WIGGANS ADMINIRRATV[SLRVCC, MECMAMCAL SUPERINTENDENT •t�� Lt , App.'. %4�32'; )August ust 9, 1985 g File: G 44-E-18 .V City of Jefferson City, Missouri 320 E. McCarty S,t Jefferson City, Missouri 65101 Gentlemen: Reference is made to that certain written Agreement dated September 7, 1966, our No. CA-61536, hereinafter called "Basic Agreement" pursuant to which Missouri Pacific Railroad Company granted City of Jefferson City, Missouri ,1 Cense and permission to install a force main and gravity flow sewer line on Railroadis premises from Harrison Street eastwardly to the vicinity of Boggs StreeZ.t at Jefferson City, Missouri. We are informed that the City of Jefferson City, Missouri desires to repuild the sewer line in the vicinity of Chestnut Street to convert a portion -of the force main to gravity flow and in connection therewith has requested permission to install a portion of the proposed additional sewer line on Rail- road's property, to which the Missouri Pacific Railroad Company is agreeable. Now, therefore, effective as of the date hereof, it is understood and agreed: 1. There shall be deemed attached to Basic Agreement as Exhibit "B" the attached white print of Missouri Pacific's Central District, File No. 44-E-7, dated July 16, 1985. 2. Section 2(f) of Basic Agreement is changed to read, "A section of 15 -inch PVC pipe, approximately 60 feet in length, beginning at 4xisting uianhold marked "S", extending northwestwardly to bar screen and a section of 18 -inch PVC pipe, approximately 58 feet in length, beginning at bar screen, extending uorthweetwardly to Carrier's northerly right of way line. 3. City of Jefferson City, Missouri, when returning this Agreement (signed) shall pay to Missouri Pacific Railroad Company $750.00 for the license granted. - 2 - This letter is handed you in duplicate. Please indicate your acceptance by signing in the space provided and returning the duplicate hereof to the undersigned, following which this letter shall become a supplement to Basic Agreement, amending same solely to the extent herein provided. Basic Agreement, as hereby supplemented and amended, shall remain in full force and effect pur- suant to the terms and conditions provided therein. Yours very truly, e. C. V"" ACCEPTED AND AGREED: B. C. May CITY OF JEFFERSON CITY, MISSOURI By: / vtA A- y0 AZ- k EUSIING ELS >S96'b0 s -r. daGL GrSon _;ty S G d 2- 1 t Z sM 1 Lor A- sem= I 1 4' !)ELI 1nN NL 512 -ALF MILE PILE f: B . MISSOURI PACIFIC RAILROAD CENTRAL DISTRICT C L: 11 L L -y G iT JEff E1;�9N, M1S�.c.lu r.i OFFICE OF DISTRICT ENGINEER. KANSAS CITY. MO DRAFTSMAN DL(j SCALE n.• No}U DATE % lo- FILE NO. -; `j -E - Na$-awti- ' M. H. L �IISSO.�I ; �IAiE i1_cv 11 EN11A0.�. -�--- - _�_• ---_ -- �� �1+ 583 G d 2- 1 t Z sM 1 Lor A- sem= I 1 4' !)ELI 1nN NL 512 -ALF MILE PILE f: B . MISSOURI PACIFIC RAILROAD CENTRAL DISTRICT C L: 11 L L -y G iT JEff E1;�9N, M1S�.c.lu r.i OFFICE OF DISTRICT ENGINEER. KANSAS CITY. MO DRAFTSMAN DL(j SCALE n.• No}U DATE % lo- FILE NO. -; `j -E - BILL NRI SPONSORED BY COUNCILMAN ORDINANCE NO. 10410 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MISSOURI PACIFIC RAILROAD CO. FOR THE INSTALLATION OF A FORCE MAIN AND GRAVITY FLOW SEWER LINE FROM HARRISON STREET TO BOGGS STREET. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute an amendment to the agreement with the Missouri Pacific Railroad Co. for the installation of a force main and gravity flow sewer line on Railroad's premises from Harrison Street eastwardly to the vicinity of Boggs Street. Section 2. The amendment shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 9 -3—Z5! Approved 9 — 9 - 75- Prrsiding Offi.er Mayor ATTEST: 0 City Clerk L -,FT STAT�o �V n 3'n4: n r�mun� SECTION PROFILE INSERT G to H N to I Sca e' I S Cc+le I"= 40' Hoe-. ; !"= l0' V�r1r CA- 61.536 °r EXHIE3IT A MISSOURI PACIFI" RAILROAD CO., EASTERN DIV15I ON �irovi7r F/ow And Sani+arV Sewer Force Main Serving the Ei+y of Jefferson Ci+g , Missouri j JEFFERSON. CITY, MO. Office of District Engineer' Kan5215 City, N10; Note Book S&e: As Noted 15 -7- QS Draftsman W Dati 6 23-(o5 FileNo.26.7t8 v m c n iz t u o 0 L -,FT STAT�o �V n 3'n4: n r�mun� SECTION PROFILE INSERT G to H N to I Sca e' I S Cc+le I"= 40' Hoe-. ; !"= l0' V�r1r CA- 61.536 °r EXHIE3IT A MISSOURI PACIFI" RAILROAD CO., EASTERN DIV15I ON �irovi7r F/ow And Sani+arV Sewer Force Main Serving the Ei+y of Jefferson Ci+g , Missouri j JEFFERSON. CITY, MO. Office of District Engineer' Kan5215 City, N10; Note Book S&e: As Noted 15 -7- QS Draftsman W Dati 6 23-(o5 FileNo.26.7t8 St. Louis - September 21, 1966 JM -L 474-103 Manager -Disbursements Accounting (2) ✓ Attention: Leases and Contracts - Room 700 Attached is Railroad's original and copies of agreement dated September 7, 1966, between Missouri Pacific Railroad Company and the City of Jefferson City, covering grant of license and permission to the City to install a force main sewer line on Railroad's premises from Harrison Street in Jefferson City eastwardly to the vicinity of Boggs Creek. The City's original is attached to Mr. Holzmann's copy of this letter for delivery to the City. Those whose names appear below are being furnished copies of this agreement. Please advise your number assigned. Qfi C cc: C. Baker - Room 1200 G. M. Holzmann - Kansas City C. R. Dolan - Room 764 Bill Supervisor - Room 764 R. H. Stallings - Room 712 61536 8-9-66 JT -L 474-103 THIS AGREEMENT, executed in duplicate as of -TWi day of acp+e4v,60 r 1966) by and between MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, hereinafter called "Carrier", and the CITY OF JEFFERSON CITY, a Municipal corpora- tion of the State of Missouri, hereinafter called "City", WITNESSETH: R E C I T A L S: City desires to install and maintain on, along, across and beneath the surface of certain of Carrier's premises a sewer line in the City of Jefferson City, Cole County, Missouri, and has requested of Carrier permission to install, and thereafter maintain, said sewer line on said premises, to which Carrier is agreeable, but solely upon the terms and conditions herein- after set forth. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter expressed, the parties hereto agree as follows: Section 1. Carrier, to the extent of its right, title and interest, hereby grants, but upon solely the hereinafter expressed terms and conditions, and City, at City's sole cost and responsibility, hereby accepts license and permission to install, construct, maintain, keep and use the following described "Sewer Line" of City on certain of Carrier's property, hereinafter called "Premises", situate in Cole County, Missouri, at Jefferson City. Section 2. Sewer Line shall consist of the following items located on Premises at the following locations in Jefferson City, Missouri: (a) A longitudinal section of 10 -inch diameter cast iron sewer pipe line, approximately 466 feet in length, beginning at a manhole in the centerline of Harrison Street, opposite Station 6655{38, extending southeasterly to manhole, marked "X", in the center- line of Walnut Street, crossing beneath track No. 43, opposite Station 665072, and marked "W -X". (b) A longitudinal section of 36 -inch diameter reinforced concrete pipe line, approximately 5,650 feet in length, beginning at a manhole, marked "X", extending in a generally easterly direction to a manhole marked "D". This section includes the following crossings beneath tracks: 1. "Y -Z", 36 -inch diameter concrete pipe, opposite Station 6648/20, crossing beneath 9 tracks. 2. t -C", 36 -inch diameter concrete pipe, opposite Station 6640,90, crossing beneath 1 track, and one latteral from C to GG (capital service line) crossing beneath 7 tracks. 3• "J -K", 12 -inch diameter cast iron pipe, opposite Station 6631/67, crossing beneath 7 tracks. - 1 - Ei j36 8-9-66 JT -L 474-103 4. "L -M", 12 -inch diameter cast iron pipe, opposite Station 6619{.07, crossing beneath 6 tracks, and (L -M) latteral from "A -A" to "B -B". 5. "N-011, 8 -inch diameter cast iron pipe, opposite Station 6609/55, crossing beneath 6 tracks. (c) A section of 24 -inch diameter reinforced concrete pipe line, approximately 80 feet in length, beginning at manhole marked "D", opposite Station 6596/20, extending southerly 80 feet to manhole "E", crossing beneath 5 tracks. (d) A longitudinal section of 20 -inch diameter ductile iron pipe line, approximately 585 feet in length, beginning at a manhole marked "E", opposite Station 6596/20, extending easterly 585 feet to a point in crossing marked "R -Q"; this section also includes a 100 -Foot stub pipe line extending westerly for a distance of approximately 100 feet from manhole "E". (e) A section of 18 -inch diameter ductile iron pipe line, approximately 190 feet in length, beginning at manhole "R", opposite Station 6590/45, extending southerly, crossing beneath 5 tracks to lift station marked "Q". (f) A section of 18 -inch diameter ductile iron pipe line, approximately 70 feet in length, beginning at lift station marked "Q", extending westerly, crossing beneath 2 tracks to manhole marked "S". (g) A longitudinal section of 18 -inch diameter ductile iron pipe line, approximately 3,766 feet in length, beginning at manhole "R", opposite Station 6590/45 and extending easterly to manhole marked "F", and latteral designated "EE -FF". (h) A section of 18 -inch diameter ductile iron pipe line, approximately 64 feet in length, beginning at manhole "F", crossing beneath 2 tracks, opposite Station 6551/80 and extending southeasterly to manhole marked "G". (i) A longitudinal section of 18 -inch diameter ductile iron pipe line, approximately 1,470 feet in length, beginning at manhole "G" and extending easterly to a point marked "H", opposite Station 6537/70; thence southerly, a distance of 95 feet to a point marked "I" for the end. The approximate location of the above described Sewer Line is shown by green line on Carrier's white print, File No. 26-7181, prepared in Office of District Engineer, Kansas City, Mo., dated June 23, 1965, Revised Sept. 7, 1965, last Revised July 6, 1966, marked Exhibit "A" and attached hereto as part hereof. Sewer Line shall be installed in strict conformity with specifications shown on Exhibit "A". Sewer Line shall at all times be kept at least four and one-half feet below the base of the rails of any track thereover and at least three feet - 2 - B-9-66 JT -L 474-103 below the surface of the ground in areas where Carrier's tracks are not involved. The work of installing said Sewer Line shall be subject to inspection and approval by Carrier's authorized representative. After installation, Premises shall be restored to approximately their original condition to the satisfaction of Carrier's Superintendent or other authorized representative. Section 3. The license and permission herein granted are subject and subordinate to the right in Carrier, its lessees and licensees, to construct, reconstruct, operate, maintain, repair and renew on, beneath or above Carrier=s property any telephone, telegraph, power and signal lines and poles, tracks, roadways, pipe lines and facilities of similar or different character as are now or in future may be located on, beneath or above any of Carrier's property. Section 4. City shall furnish or do, at City's own cost and responsi- bility, any and all things and when and as from time to time required to accomplish whatsoever the City attemps or is bound to do at any time hereunder. City shall reimburse Carrier for any expense to Carrier for flagman or other protective measures required by Carrier's Superintendent during construction. City shall adjust Sewer Line to any physical change as made at any time in any of Carrier's property, and, in the event Carrier shall in the future construct any tracks across the Sewer Line, City shall provide protection in accordance with the requirements of Carrier's Chief Engineer. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier, as well as of any State, Federal or Municipal authority. Carrier may, acting for City, furnish or do, and City shall pay and bear the cost of anything which, herein required of City at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at City's request; and City on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, City shall pay difference; if more, Carrier shall repay difference. Any other payment shall be made within twenty days following receipt of bill. City shall pay cost to Carrier for all labor, including wages of foreman, plus 10% to cover accounting and supervision, plus vacation allowances, paid holidays and health and welfare benefits applicable to said labor, plus Carrier's cost price of all materials f.o.b. Carrier's rails, Plus 15% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Section 5. If and when from time to time and during such times as Carrier shall be of the opinion that City's or its contractor's operations are of such a nature as to create hazards to operations of Carrier's engines, cars, trains and employees on and along Carrier's main or other tracks, the Carrier is hereby granted authority and permission, at City's sole cost, risk and responsibility, to provide such number of flagmen or watchmen or other protective devices, such as falsework or shoring, as in the opinion of Carrier's Superintendent may be required to protect against such hazards. Section 6. City hereby agrees to reimburse Carrier for any cost incurred by Carrier of relocating any signal or telegraph or other communication wire and pole lines made necessary by the installation of Sewer Line. - 3 - 8-9-66 JT -L 474-lo3 Section 7. City hereby releases and discharges Carrier from, and shall indemnify and save harmless Carrier from and against, any and all claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting,from, arising out of or incident to the laying, installation, maintenance, renewal, reconstruction, repair, removal, use or existence of Sewer Line or any part thereof, including the breaking of same or any leakage therefrom; provided, however, the foregoing indemnification provision shall not apply to any claims, suits, damages, costs, losses and expenses for which Carrier shall have been com- pensated through insurance required of contractor as per Section 9 hereof. Section 8. City shall require any contractor engaged or employed to perform any work referred to herein on any part of the Premises to procure and keep in effect during the period of such work contractor's public liability and property damage insurance, covering operations of such contractor or any of his subcontractors incident to or in connection with the performance of said work. Such insurance shall provide for a limit of not less than $250,000.00 for all damages arising out of bodily injury to or death of one person and, subject to that limit for each person, a total limit of $500,000.00 for all damages arising out of bodily injuries to or death of two or more persons in one accident, and a limit of not less than $250,000.00 for all damages arising out of damage to or destruction of property in any one accident and, subject to that limit per accident, a total (or aggregate) limit of $500,000.00 for all damages arising out of damage to or destruction of property during the policy period. Such insurance shall be in form and in company satisfactory to Carrier and shall not be subject to change or cancellation on less than fifteen days' written notice to Carrier. Section 9. Regardless of the insurance provision set forth in Section 8 hereof, City shall further require any contractor engaged or employed to perform any of the work referred to herein on any part of the Premises to procure and keep in effect during the period of such work Railroad Protective Liability Insurance in form set forth by Bureau of Public Roads Policy and Procedure Memorandum 20-12, dated March 5, 1959, on behalf of Carrier, in the amount of $250,000.00$500,000.00, said insurance to be applicable with respect to all of the work to be performed by said contractor on Carrier's Premises. City or its contractor shall not attempt to perform any work hereunder until a certified copy of such policy is furnished to Carrier and contractor is notified by Carrier that the Railroad Protective Liability Insurance policy herein required is in form satisfactory to Carrier. Section 10. If and when at any time during installation of Sewer Line or at any other time during term of this license, because of damage to Carrier's main track or roadbed by reason of breakage of or leakage from the Sewer Line or from any other reason incident to the existence and maintenance of Sewer Line, Carrier's Superintendent shall be of the opinion that such a hazard exists as to make unsafe or temporarily impossible the operation of Carrier's engines or trains along Carrier's tracks in the vicinity of the Sewer Line and, because thereof, the said Superintendent shall cause said engines or trains to be detoured over another route, City shall pay to Carrier, promptly following receipt of bill therefor, the additional expense which Carrier shall incur as a result of having to detour such engines or trains. - 4--- f 1 ' 8-9-66 JT -L 474-103 Term hereof shall begin with the date first hereinabove written and continue thereafter until concluded (a) by City after expiration of thirty days following the serving of written notice of intention to end term hereof or (b) at Carrier's election, without further notice, by City's failing to cure any default within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when deposited, postage prepaid, in U. S. Mail, addressed to City at Jefferson City, Missouri. Within a reasonable time after the last day of term hereof, City shall remove Sewer Line and restore Premises. Any of Sewer Line not so removed shall at Carrier's election without notice be deemed abandoned. Section 11. Covenants herein shall inure to or bind each party's successors and assigns; provided: no right of City shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or City may waive any default at any time of the other without affecting, or impairing any right arising from, any other default. Section 12. City, when returning this agreement to Carrier (signed), shall cause it to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. ATTEST: By: Title (SEAL - 5 - MISSOU7CIFIC RAAROAD COMPANY By. V' President-Oper I THIS ORIOIarAL 19 FOR r'i 1. ;t W VII990Ukl PACTVIC Portions of this aCreanient In which ra; meat Is Interested are correct aria av rovt FORM, APPROVED: APPROVED: INDUSTRIAL:—______________________ _ CimrPOr L,,.st.:al Cevelo:•::.'. TRAFFIC: _ —� V¢o F..c: !eat - 7,a PURCHASING:.________._. ACCOUNTING: C6(:i/c TAXATION: ------ OPERAOPERATION - TION, ____________________ Chfaf Erlgl:1E2r C,aaval SUparinteadert iommuhFeatlo'.w @eneiai M'aneger Vice N'caNeM . Ouerath. ti n ' THIS ORIOIarAL 19 FOR r'i 1. ;t W VII990Ukl PACTVIC Portions of this aCreanient In which ra; meat Is Interested are correct aria av rovt FORM, APPROVED: APPROVED: INDUSTRIAL:—______________________ _ CimrPOr L,,.st.:al Cevelo:•::.'. TRAFFIC: _ —� V¢o F..c: !eat - 7,a PURCHASING:.________._. ACCOUNTING: C6(:i/c TAXATION: ------ OPERAOPERATION - TION, ____________________ Chfaf Erlgl:1E2r C,aaval SUparinteadert iommuhFeatlo'.w @eneiai M'aneger Vice N'caNeM . Ouerath. I BILL NO. ',_j p INTRODUCED BY COUNCILMAN: r, 1.0 (/ a nd �/ 4 (r ORDINANCE NO. '7 g)3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND THE CLERK TO EXECUTE A WRITTEN AGREEMENT DATED SEPTEMBER 6, 1966, WITH THE MISSOURI PACIFIC RAILROAD COMPANY DEFINING THE TERMS OF A SEWER PIPE LINE LICENSE GRANTED SAID CITY BY SAID RAILROAD COMPANY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized to execute a written agreement dated September 6, 1966, with the Missouri Pacific Railroad Company, defining the terms of a Sewer Pipe Line License granted to the City by said railroad company. Section 2. Said agreement shall read in words and figures as follows: ()15 3 6 B-9-66 JT -L 474-1A3 P THIS AGREEMENT, executed in duplicate as of day of 1966, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, hereinafter called "Carrier", and the CITY OF JEFFERSON CITY, a Municipal corpora- tion of the State of Missouri, hereinafter called "City", WITNESSETH. R E C I T A L S: City desires to install and maintain on, along, across and beneath the surface of certain of Carrier's premises a sewer line in the City of Jefferson City, Cole County, Missouri, and has requested of Carrier permission to install, and thereafter maintain, said sewer line on said premises, to which Carrier is agreeable, but solely upon the terms and conditions herein- after set forth. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter expressed, the parties hereto agree as follows: Section 1. Carrier, to the extent of its right, title and interest, hereby grants, but upon solely the hereinafter expressed terms and conditions, and City, at City's sole cost and responsibility, hereby accepts license and permission to install, construct, maintain, keep and use the following described "Sewer Line" of City on certain of Carrier's property, hereinafter called "Premises", situate in Cole County, Missouri, at Jefferson City. Section 2. Sewer Line shall consist of the following items located on Premises at the following locations in Jefferson City, Missouri: (a) A longitudinal section of 10 -inch diameter cast iron sewer pipe line, approximately 466 feet in length, beginning at a manhole in the centerline of Harrison Street, opposite Station 6655/38, extending southeasterly to manhole, marked "X', in the center- line of Walnut Street, crossing beneath track No. 43, opposite Station 6650/72, and marked "W -X' (b) A longitudinal section of 36 -inch diameter reinforced concrete pipe line, approximately 5,650 feet in length, beginning at a manhole, marked "X", extending in a generally easterly direction to a manhole marked "D". This section includes the following crossings beneath tracks: I. "Y -Z", 36 -inch diameter concrete pipe, opposite Station 6648/20, crossing beneath 9 tracks. 2. t -C", 36 -inch diameter concrete pipe, opposite Station 6640/90, crossing beneath 1 track, and one latteral from C to GG (capital service line) crossing beneath 7 tracks. 3. "J -K", 12 -inch diameter cast iron pipe, opposite Station 6631/67, crossing beneath 7 tracks. - 1 - )� 4336 I 8-9-66 JT -L 474-103 4. "L -M", 12 -inch diameter cast iron pipe, opposite Station 6619/•07, crossing beneath 6 tracks, and (L -M) latteral from "A -A" to "B -B". 5. "N-0", 8 -inch diameter cast iron pipe, opposite Station 6609/55, crossing beneath 6 tracks. (c) A section of 24 -inch diameter reinforced concrete pipe line, approximately 80 feet in length, beginning at manhole marked "D", opposite Station 6596120, extending southerly 80 feet to manhole "E", crossing beneath 5 tracks. (d) A longitudinal section of 20 -inch diameter ductile iron pipe line, approximately 585 feet in length, beginning at a manhole marked "E", opposite Station 6596/20, extending easterly 585 feet to a point in crossing marked "R -Q"; this section also includes a 100 -foot stub pipe line extending westerly for a distance of approximately 100 feet from manhole "E". (e).A section of 18 -inch diameter ductile iron pipe line, approximately 190 feet in length, beginning at manhole "R", opposite Station 6590/45, extending southerly, crossing beneath 5 tracks to lift station marked "Q". (f) A section of 18 -inch diameter ductile iron pipe line, approximately 70 feet in length, beginning at lift station marked "Q", extending westerly, crossing beneath 2 tracks to manhole marked "S". (g) A longitudinal section of 18 -inch diameter ductile iron pipe line, approximately 3,766 feet in length, beginning at manhole "R", opposite Station 6590/45 and extending easterly to manhole marked "F", and latteral designated "EE -FF". (h) A section of 18 -inch diameter ductile iron pipe line, approximately 64 feet in length, beginning at manhole "F", crossing beneath 2 tracks, opposite Station 6551/80 and extending southeasterly to manhole marked "G". (i) A longitudinal section of 18 -inch diameter ductile iron pipe line, approximately 1,470 feet in length, beginning at manhole "G" and extending easterly to a point marked "H", opposite Station 6537/70; thence southerly, a distance of 95 feet to a point marked "2" for the end. The approximate location of the above described Sewer Line is shown by green line on Carrier's white print, File No. 26-7181, prepared in Office of District Engineer, Kansas City, Mo.,'dated June 23, 1965, Revised Sept. 7, 1965, last Revised July 6, 1966, marked Exhibit "A" and attached hereto as part hereof. Sewer Line shall be installed in strict conformity with specifications shown on Exhibit "A". Sewer Line shall at all times be kept at least four and one-half feet below the base of the rails of anytrack•thereover and at least three feet - 2 - 8-9-66 JT -L 474-103 below the surface of the ground in areas where Carrier's tracks are not involved. The -cork of installing said Sewer Line shall be subject to inspection and approval by Carrier's authorized representative. After installation, Premises shall be restored to approximately their original condition to the satisfaction of Carrier's Superintendent or other authorized representative. Section 3. The license and permission herein granted are subject and subordinate to the right in Carrier, its lessees and licensees, to construct, reconstruct, operate, maintain, repair and renew on, beneath or above Carrier's property any telephone, telegraph, power and signal lines and poles, tracks, roadways, pipe lines and facilities of similar or different character as are now or in future may be located on, beneath or above any of Carrier's property. Section 4. City shall furnish or do, at City's own cost and responsi- bility, any and all things and when and as from time to time required to accomplish whatsoever the City attemps or is bound to do at any time hereunder. City shall reimburse Carrier for any expense to Carrier for flagman or other protective measures required by Carrier's Superintendent during construction. City shall adjust Sewer Line to any physical change as made at any time in any of Carrier's property, and, in the event Carrier shall in the future construct any tracks across the Sewer Line, City shall provide protection in accordance with the requirements of Carrier's Chief Engineer. Said things, including the time and manner of doing any work, each shall conform to the requirements of.4rier, as well as of any State, Federal or Municipal authority. Carrier may;` acting for City, furnish or do, and City shall pay and bear the cost of anything which, herein required of City at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at City's request; and City on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, City shall pay difference; if more, Carrier shall repay difference. Any other payment shall be made within twenty days following receipt of bili. City shall pay cost to Carrier for all labor, including wages of foreman, plus 10% to cover accounting and supervision, plus vacation allowances, paid holidays and health and welfare benefits applicable to said labor, plus Carrier's cost price of all materials f.o.b. Carrier's rails, Plus 15% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Section 5. If and when from time to time and during such times as Carrier shall be of the opinion that City's or its contractor's operations are of such a nature as to create hazards to operations of Carrier's engines, cars, trains and employees on and along Carrier's main or other tracks, the Carrier,is hereby granted authority and permission, at City's sole cost, risk and responsibility, to provide such number of flagmen or watchmen or other protective devices, such as falsework or shoring, as in the opinion of Carrier's Superintendent may be required to protect against such hazards. Section 6. City hereby agrees to reimburse Carrier for any cost incurred by Carrier of relocating any signal or telegraph or other communication wire and pole lines made necessary by the installation of Sewer Line. - 3 - 1 8-9-66 .TT -L 474-103 Section 7. City hereby releases and discharges Carrier from, and shall indemnify and save harmless Carrier from and against, any and all claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting from, arising out of or incident to the laying, installation, maintenance, renewal, reconstruction, repair, removal, use or existence of Sewer Line or any parr thereof, including the breaking of same or any leakage therefrom; provided, however, the foregoing indemnification provision shall not apply to any claims, suits, damages, costs, losses and expenses for which Carrier shall have been com- pensated through insurance required of contractor as per Section 9 hereof. Section 8. City shall require any contractor engaged or employed to perform any work referred to herein on any part of the Premises to procure and keep in effect during the period of such work contractor's public liability and property damage insurance, covering operations of such contractor or any of his subcontractors incident to or in connection with the performance of said work. Such insurance shall provide for a limit of not less than $250,000.00 for all damages arising out of bodily injury to or death of one person and, subject to that limit for each person, a total limit of $500,000.00 for all damages arising out of bodily injuries to or death of two or more persons in one accident, and a limit of not less than $250,000.00 for all damages arising out of damage to or destruction of property in any one accident and, subject to that limit per accident, a total (or aggregate) limit of $500,000.00 for all damages arising out of damage to or destruction of property during the policy period. Such insurance shall be in form and in company satisfactory to Carrier and shall not be subject to change or cancellation on less than fifteen days' written notice to Carrier. Section 9. Regardless of the insurance provision set forth in Section 8 hereof, City shall further require any contractor engaged or employed to perform any of the work referred to herein on any part of the Premises to procure and keep in effect during the period of such work Railroad Protective Liability Insurance in form set forth by Bureau of Public Roads Policy and Procedure Memorandum 20-12, dated March 5, 1959, on behalf of Carrier, in the amount of $250,000.00/$500,000.00, said insurance to be applicable with respect to all of the work to be performed by said contractor on Carrier's Premises. City or its contractor shall not attempt to perform any work hereunder until a certified copy of such policy is furnished to Carrier and contractor is notified by Carrier that the Railroad Protective Liability Insurance policy herein required is'in form satisfactory to Carrier. Section 10. If and when at any time during installation of Sewer Line or at any other time during term of this license, because of damage to Carrier's main track or roadbed by reason of breakage of or leakage from the Sewer Line or from any other reason incident to the existence and maintenance of Sewer Line, Carrier's Superintendent shall be of the opinion that such a hazard exists as to make unsafe or temporarily impossible the operation of Carrier's engines or trains along Carrier's tracks in the vicinity of the Sewer Line and, because thereof, the said Superintendent shall cause said engines or trains to be detoured over another route, City shall pay to Carrier, promptly following receipt of bill therefor, the additional expense which Carrier shall incur as a result of having to detour such engines or. trains. 8-9-66 JT -L 474-103 Term hereof shall begin with the date first hereinabove written and continue thereafter until concluded (a) by City after expiration of thirty days following the serving of written notice of intention to end term hereof or (b) at Carrier's election, without further notice, by City's failing to cure any default within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when deposited, postage prepaid, in U. S. Mail, addressed to City at Jefferson City, Missouri. Within a reasonable time after the last day of term hereof, City shall remove Sewer Line and restore Premises. Any of Sewer Line not so removed shall at Carrier's election without notice be deemed abandoned. Section 11. Covenants herein shall inure to or bind each party's successors and assigns; provided: no right of City shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or City may waive any default at any time of the other without affecting, or impairing any right arising from, any other default. Section 12. City, when returning this agreement to Carrier (signed), shall cause it to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES: ATTEST: By: (Title) (SEAL) MISSOURI PACIFIC RAILROAD COMPANY By: Vice President -Operation CITY OF JEFFERSON CITY By: Its Mayor 1 8-9-66 JT -L 474-103 Term hereof shall begin with the date first hereinabove written and continue thereafter until concluded (a) by City after expiration of thirty days following the serving of written notice of intention to end term hereof or (b) at Carrier's election, without further notice, by City's failing to cure any default within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when deposited, postage prepaid, in U. S. Mail, addressed to City at Jefferson City, Missouri. Within a reasonable time after the last day of term hereof, City shall remove Sewer Line and restore Premises. Any of Sewer Line not so removed shall at Carrier's election without notice be deemed abandoned. Section 11. Covenants herein shall inure to or bind each party's successors and assigns; provided: no right of City shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or City may waive any default at any time of the other without affecting, or impairing any right arising from, any other default. Section 12. City, when returning this agreement to Carrier (signed), shall cause it to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES: ATTEST: By: (Title) (SEAL) MISSOURI PACIFIC RAILROAD COMPANY By: Vice President -Operation CITY OF JEFFERSON CITY By: Its Mayor Section 3. This ordinance shall take its passage and approval. Attest: C' y Clerk