3664 RESOLUTION NO. 3,664
A RESOLUTION AUTHORIZING THE E) CUTION OF A PIPE-
LINE LICENSE AGREEMENT BETWEEN THE CITY OF LITTLE
ROCK AND MISSOURI-PACIFIC RAILROAD COMPANY FOR
THE PURPOSES OF RELOCATING CERTAIN SEWER LINES
AND FOR OTHER PURPOSES.
WHEREAS, in the relocation of sanitary sewers
necessitated in the construction of the East-West Expressway
it is necessary to lay certain sanitary sewer lines in the Rail-
road right-of-way of the Missouri-Pacific Railroad Company
which requires a "'Pipeline License" for such purposes, and
WHEREAS, the Board of Directors desires to enter into
said Pipeline License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby
authorized and directed to enter into a Pipeline License Agreement
with the Missouri-Pacific Railroad Company providing for the
construction and operation and maintance of certain sanitary
sewer lines and improvements in railroad right-of-way situated
in Section 4, Township 1 North, Range 12 West, Pulaski County,
Arkansas, which Pipeline License is in form and substance as
follows:
FORM 2002)
MP Rd.
PIPE LINE LICENSE
THIS INSTRUMENT,executed in duplicate, November 21 , 1966 , Witnesseth:
The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee
( a Municipality ), to be addressed at Little' Rock, Arkansas
(show whether an individual,co-partners.or cog.oration and state wherein incorporated)
,hereby accepts, permission to install, keep, maintain, repair, renew and use for
conveying sanitary savage the Licensee's own One certain proposed continuous line of
(number) (proposed or existing)
ductil" iron pipe , 24 inches in diameter,and appurtenances, including two manholes and
concrete encasement , herein called I'ipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used tO convey
sanitary sewage at gravity flow
. Pipe Line shall intersect(Harrier's existing
main tracks (ECS 113O'7-r20) , in Southwest Quarter of Section 4
(track or right of way)
T. 1 N. , R. 12 W. , Pulaski County Arkansas , atMOMMX Little Rock .
(county or parish, (state) (place)
Approximate location of Pipe Line is indicated by green line on Exhibit A attached hereto as part hereof.
1. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder'shall be performed in a safe and
workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoever the Licensee attempts or is hound to do at any time hereunder. Licensee shall adjust Pipe Line
to any physical change as made at any time in any of Carrier's property: at all times keeping upper surface of Pipe Line at least
four and one-half feet below bottom of rail thereover. Licensee shall cause Pipe Line,before being used for anything
inflammable,to conform substantially to Exhibit 13 attached hereto as part hereof.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
Licensee furnish or do,and Licensee shall pay and bear the cost of,anything which,herein required of Licensee 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 Licensee's request:and
Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit he less than actual cost, Licensee shall pay
the difference: if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier-fifty dollars
for preparing it. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all
labor, including wages of foremen, plus 10'/, to cover supervision and accounting, plus vacation allowances, paid holidays and health and
welfare benefit payments applicable to said labor,Carrier's cost price of all materials f.o.b.Carrier's rails:plus 10%to cover handling and
accounting,plus freight at tariff to point of use,and excise taxes applicable to said labor and materials. Carrier may connect with and dis-
charge sewage into Pipe Line while serving as sewer.
2. Licensee agrees to(a)indemnify and save harmless the Carrier from and against all claims,suits,damages,costs(including attorneys'
fees),losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance,renewal,repair, use,
existince or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (h) assume all risk of loss or damage
to Pipe Line and the contents thereof regardless of how caused.
3. Term hereof shall begin with November 21 , 19 66c and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by licensee on Carrier, or vice versa, of written notice of intention to end
terns hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been
installed or by Licensee failing (a-1) to cure any default or (a-2) to show statutory right to install Pipe Line within thirty
days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line
or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe
Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants
herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans-
ferred or assigned, either voluntarily, or involuntarily, except by express agreement acceptable to Carrier. (arrier or Licensee may waive
any default at any time of the other without affecting,or impairing any right arising from,any subsequent default.
MISSOURI PACIFIC RAILROAD OOMPANY
WITNESSES:
By
G'n.ra1 M&,nagIhr
am r
As st party herein.
ATTT
By CITY OF LITTLE ROCK
(AFFIX SEAL) XXXXXOCIICXX
City Clerk
xnmr lcImoc BY /
(deal)
XXXXXXXXXXX XXXX XXXXX)DCX 1A`,?nee,
second party herein.
XXXXXXXXXXXXX fxxxXXX3DEXyXXX
-2-
SECTION 2. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: December 5, 1966
ATTEST: APPROVED:
City Clerk Assistant Mayor