10829ORDINANCE NO. 10,829
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO ENTER INTO AND EXECUTE A PIPE LINE LICENSE
AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY
PROVIDING FOR THE CONSTRUCTION OF A 36" DIAMETER 10 GAGE
CORRUGATED IRON PIPE LINE TO BE USED AS I STORM SEWER
TO BE CONSTRUCTED AT THE NORTH END OF SPRING STREET UNDER
RAILROAD TRACIL'iGE OWNED BY THE SAID MISSOURI PACIFIC
RAILROAD COMPANY; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
RO,C1K , AR -1N S -� S :
SECTION 1. The Mayor and City Clerk are hereby authorized
and directed to enter into and execute a Pipe Line License Agree -
meut with the Missouri Pacific Railroad Company providing for
the construction of a 36" diameter 10 Gage Corrugated Iron
Pipe Line to be used as a storm sewer to be constructed at the
North End of Spring Street under Railroad trackage owned by the
said Missouri Pacific Railroad Company which Pipe Line License
,Agreement shall provide as follows:
00o -,5
0 -i/
%IP Rd
Form 4940
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate,
JU" 2519 58, Witnesseth:
a 1 eat pc!
The undersigned (airier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee
`' ati m to be addressed at Little Rftks Ara•
n indil iduai. co- partners. or ( i>„rauon and state wherein inrotporated)
hereby
exeesa Mato' . accepts, permission to install, keep and use, for conveying
the Licensee's own me certain
corrugated iron number, continuous line of10 gage
Inie �ro sed or extstingi
36 inehean diameter, and appurtenances, including aspl!>'alt eeatsd aabee
Paved invert herein called Pipe Line, on the barrier's property, herein called Premises. f t e Line will t used tGO bonded,
p as a st ru /ever.
tvO main tracks, track go 11,_8 and right OT Y P a 1•'ne °hall intersect Carrier's existing
:;nt ,: wa. i R�'theast tarter of Section 3
l 1 N. ►z. 12 W Atluld County,
Arkansab
�munty� a nartsh
APPro- �r'r�ate lucatit,n of Pipe line is indicated f,% iLA —avy blue
aanM= Little Rook
(star(•
line on Exhihit A attached hereto as part hereof.
I. Licensee shall furnish or do at Licensee's own cost and responsibility an} and all things and when and as from time to time
required is accompli,h w de at am the Licensee at;entpts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to
anc phv on change t made at any time to arc of barrier's property: at all times keeping upper surface of Pipe Line at least
four and one -hall feet below hottont of rail thereover Licensee shall cause Pipe Line, before being used for anything inflammable, to
conform ,ulsutntiall� to Exhibit 13 attached hereto a, part hereof. Said things, including the time and manner of doing any work, each
,hall r uttenu u, the requirements of ('arrer a, well as of any State, Federal or Municipal authoritc. barrier ma} acting 'for Licensee
furnish or do, and licensee shall pad and hear the co,t of, ancthing which, herein required of Licensee at any time, either shall not be
fnd L'ed or dune within ten days 1011owrrig barrier', written request therefor or shall be undertaken hl ('art" at Licensee's request,
and I•iIN cliff en request shall in advance depo,it with barrier the estimates) cost thereof. If rlcpo,it he less than actual cost, Licensee
,hall pat difference: it more, barrier ,hall repaN difference.
t age off ellen,nt ,hall he Wattle within iwcntc digs fo lowing receipt of hill. licenseWall hall pa) cost to Carrier for all
la ,or, me uc utg wages of foremen, Pills shall I
rail, plus 10' c to cover handling �nd accounting ingwplusc freight tatalritfiptor point of tuse,randc�exc�ise tta\e applical>Ics to said labor and
materials. barrier ntac connect with and discharge sewage into Pipe Line while serving as sewer.
3. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including
itiurney I fees', losses and expenses. to any manner resulting from or arising out of the laying, maintenance, renewal, repair, use or
1t e a (I h Pipe Line, including the breaking of the same or an} leakage therefrom, and 'h a „uric all risk of loss or damage to Pipe
ire and the cement, thereof regardless of hrnc caused.
i. Term hereof shall begin w irh Jlii3e zs
lst'� he expiration of thirty tla�s (elluwinr 1958, and ronunue there;ttrt'r until concluded
term hereof or iond1, at barrier', g serving, by Licensee on barrier, or cite versa, of written notice of intention to end
election without further notice, liy expiration of
been installed or by Licensee failing is -1) to cure anc default or ! six months without the film 1Jnc hating
thirc days follow ing barrier's written request therefor. .any notice of Carrier �shall cl e tl entedisrerved when 1po ted , (,I ,�uett<It on Pipe
Line or %-hen dtpnsltCd, postage prepaid, nt ( ti, mail addressed as aforesaid. Not later sham Ia,r day of terns hire „I I.i en,ee shall
ntuve
Line an( restore Premises .Xnt of Pipe Line not so removed shall at barrier',
,venants herein shall imire to or bin! each partt's he.r,, legal repre,enr,iives, 1n. „ -.1
e transferred or assigned, either voluntarily, or invohintarilc except h. csprc ;rcrnnr,i
n waive am default
at arts ante of the other without attectin gmlt
. x
n
it I.
13N
\t.`'X 't`” XUtXXX CITY CLERK
x x -= x- x- x- x- x -x -x -x x
x -x x- x -x -x -x x -x -x x z
MISSOURI PACIFIC RAILROAD COWANY,
to
Vice ?r*g1'A "^1st111WAru0D
CIZT CF LITTLT ROCK
MAYOR
Is Licensee. party herein
-4-
SECTION L. It has been determined that the lack; of
adequate streets within the City of Little Rock creates a
serious hazard to the flow of traffic in said City; that
this ordinance will expedite the construction of the said
Riverfront Drive by controlling C> the slow of surface water
on the said Riverfront Drive and thereby reduce the said
hazard within the said City; therefore, an emergency is
hereby declared to exist and this ordinance being necessary
for the preservation of the public peace, health and safety,
shall be in full force and effect from and after its passage
and approval; and all ordinances and parts of ordinances in
conflict herewith are hereby repealed.
PASSED: August 4, 1958
ATTEST: % APPROVED:
City Clerk Ma o
t
-4-
SECTION L. It has been determined that the lack; of
adequate streets within the City of Little Rock creates a
serious hazard to the flow of traffic in said City; that
this ordinance will expedite the construction of the said
Riverfront Drive by controlling C> the slow of surface water
on the said Riverfront Drive and thereby reduce the said
hazard within the said City; therefore, an emergency is
hereby declared to exist and this ordinance being necessary
for the preservation of the public peace, health and safety,
shall be in full force and effect from and after its passage
and approval; and all ordinances and parts of ordinances in
conflict herewith are hereby repealed.
PASSED: August 4, 1958
ATTEST: % APPROVED:
City Clerk Ma o