HomeMy WebLinkAboutResolution #1156RESOLIITION NO. 1 15 6
A RESOIILTION APPROVING A "PIPE LINE LICENSE" BETWEEN TH8 CITY OF CANTON AND
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND AIITHORIZING AND DIRECTING
THS MAYOR AND CITY CLERK TO EXECIITE AND DELIVER SAID AGREEMENT ON BEHALF
OF THE CITY OF CANTON, ILLINOIS
WHEREAS, the Canton City Council has determined that it is necessary
and in the best interest of the City of Canton to enter into a "Pipe Line
License" with the Atchison, Topeka and Santa Fe Railway for the installation
of the proposed 8" force main as set forth in Exhibit "A" hereto attached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
Fulton County, Illinois, as follows:
1. That Exhibit "A" hereto attached and herein incorporated by reference
is hereby approved by the Canton City Council.
2. That the Mayor and City Clerk are hereby authorized and directed
to execute originals of Exhibit "A" and to deliver the same on behalf of
the City of Canton.
3. That this Resolution shall be in full force and effect immediately
upon its passage by .the City Council of the City of Canton, Fulton County,
Illinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this day of 1986, upon a roll call vote
as follows:
AYES: Aldermen Koa~achevich, Zilly, Steck, Sarff, Workman, May,
Chapman.
NAYS: None.
ABSENT: Alderman Bohler.
APPROVED:
;~ / >
Donald E. Edwards, Mayor
ATTEST:
Nancy White , City Clerk
Pn~lic~~ion In~truction~
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E ~:UE l~ ~4z ,~~€~phl~t form only
C i~;~uiis~a ~~~ ~~ ~m~;~raD circulation ne paper
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City Ate Date
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P:iPE LINE LICEN~
CITY Copy
THIS LIG'ENSE, Made this 17th day of aril , 1935 ,
betwr~en TI-~ ATuNTSC1N, TfJPEKA Ate SANTA FE RAILWAY CD~iF'APiY, a Uelawafe
corporation (hereinafter called "Licensor"), party of the first part, and
CITY JF' ^ANTgfJ, a munic~al corporation of tree State of Tliinais
ere..na er, 7e er one: or more, ca a icensee , par y o -e second
part.
WITNESSETN, That the parties hereto for the consideration hereinafter
expressed covenant and agree as follows:
1. Subject to the terms anc~ canditiot°rs hereinafter set fortf~,
Licensor licenses Licensee to construct and maintain one
( 1) pipe lirtc~, ei ht (~)
inches in di~ar~ter here na ter, wf~+:t~~~ar one: ar n:~re: p P's liras, called the
"PIPE LINE"), across or along the right of way of Licensor at or near tt`-e
station of Ganton Fulton C..ount Illinois ,
the exact loca on o be ng more par cu ar y s own by ba d ne
upon the print hereto attached, No. 3-Q5148 , dated
February 5, 1986 , marked "Exhibit A" and made a part hereof.
?, Licensee shall use the PIPE LII•JE solely for carrying
sewa
a a na use o carry any o r commo y or or any o r purpose
whatsoever.
(a) Licensee covenants that it will rat handle or transpr3rt
through the pipeline on Licensee's property "hazardous waste" or "hazardous
substances", as "hazardous waste" and "hazardous sui~stances" may rx~w or in t°r'ie
future be defined by any federal, state, or local governmental agency or
body. In the event tine Pipe Line is now or in the: future used in handli~~g, or
transporting of "hazardous waste" or "hazardous substances", Licensee agrees
fully to comply with all applicable federal, state, ancz local laws, rules,
regulations, orders, decisions and ordinances (hereinafter referred to as
"Standards") concerning "hazardous waste" and "hazardr~us substances".
Licensee further agrees periodically to furnish Licensor with proof,
satisfactory to Licenser, that Licensee is irr such cc,~rnplia-x:e. Should
Licensee not comply fully with the above-stated obligations of this Section,
notwithstand.inr~ anything cant:ainec; in any ether pruvisior~ he~eaf, Licenser
may, at its option, terminate this License by serving five (5) days' notice of
termination upon Licensee; but any waiver by Licensor of any Ureac~y of
Licensee's obligations shall rtot constitute a waiver of the right to terminate
this License for any subsequent breach which tray occur, or to enforce any
other provision of this License. Upon termination, Licensee shall remove the
pipe Line and restore Licenser's property as herein elsewi~re provided.
3-4-85-165$-P/143L
(b) t~iotwithstanding anythir~ contained in trze liability section
hereof, in case of a breast, of the obligations contained in this Section , or
any of them, regardless of tip negligence or alleged neglig~enc.: of Licensor,
Licensee agrees to assume liability for and to save and hold harmless Licensor
from and against all injuries to any person and damage to property, including
without limitation, employes and prnperty of Licensor and Licensee and all
related expenses, including without lir<utatlon attorneys' fees, investlyators'
fees and litigation expenses, resultirx~ in whole or in part Prom Licensee's
failure to cc~ly with any Standard issueU by any gvverr~-ental authority
concerning "hazardous substances" and/or "hazardous waste". Licensee, at its
cost, shall assume the defense of all claims, suits car actions brc~ugrot fur
damages, and fines or penalties hereunder, regardless of whether they are
asserted against Licensor or Licensee. Licensee also agrees to reimburse
Licensor for all casts of any kind incurred as a result of ttie Licensee's
failure to comply with this Section , including, but not limited to, fines,
penalties, clean-cqa and disposal costs, and legal costs irx;urred as a result
of Licensee's handling, transporting, or disposing of "hazardous wash:" or
"hazardous substances" on the property of Licensor.
(c) It is understood and agreed that a Licensee wr-c~ does root nor,
or in the future, generate, handle, transport, treat, store or dispose +~f on
Lieensor's property "hazardous waste" or "hazardous substances" within thrr
meaning of the Section, is not subject to the provisions of Section 2 (b)
hereof .
3. Licensee shall pay to Licensor for the usc~ of the Pr~~rnises rer~tai
as follows:
(a) The base rent shall be $3{~U.t3U per year
to be adjusted annually in accordance w th paragraph "b" below, payable in
advance without demand. Rent is due and owing orz or before the date this
license commences arxi thereafter shall be payable on or before the first day
of each annual anniversary of such date thereafter during the license term.
(b) Co-mrrencing on the first armual anniversary of the license anti
all annual ,anniversaries of such date thereafter, the base ref~atal siaall ~
adjusted in accordance with the chanc,~s in the Consumer Price Index indicated
in the colur:m for Urban ~lage Earners and Clerical Workers, U.S. city average,
{hereinafter called the "Index"), published by the ~3uresu of Lobar Statistics,.
U.S. Consumer Price Index Prom the base index Wombat to the current index
nun-ber.
The index number indicated in tia~ calumr-~ for ilrban Wade
Earners ar7d Clerical Workers, entitled "all items," for the period most
recently released prior to the anniversary date in the previous calendar year,
shall be the "base index number" and the correspondiru,~ index number for the
period most recently released prior to the anru~al anniversary of this license
shall be the "current index number." The current index rawer shall be
divided by the base index number, to form the rental asi,justment factor.
2
6-X6-85-1658-P-CPI/ 143E
The new base rent shall be determined by multiplying the
current base rent by the rental adjustment factor and this fic,~ure shall be
rounded to the nearest $1.00. The new base rent, as so determined, shall be
due and payable in accordance with paragraph "a" above. In r~o event, however,
shall s~.rch new base rent be less than the current base rent.
If publication of the Consumer Price Index shall be
discontinued, the parties hereto sha11 thereafter accept comparable statistics
an the cost at living for Urban Wage Earners and Clerical Workers, as they
shall be computed and published by an agency of the united States car by a
responsible financial periodical of recognized authority then to be selected
by tiie Eicensar. In thr: event of (i) use of car arable statistics in place of
the Consumer Price Index as above mentioned, or (2) publication of the Index
figure at other than quarterly .intervals, there shall t}e suci~r revisia~s as the
circumstances may require to carry out the intent of this provision. Licensor
may, at its sole discretion anri in conjunctiar~ with its overall rental
adjustment program, use index numbers in the column for All Urban Consumers,
U. S. city average, entitled "all items," or such siad.lar index that r;~y tom:
published in the future to indicate statistics comparable to the indexes named
shove.
(e) Notwithstanding anything herc;in, said i3ase re~~tal sl~ali be
subject to revision at 5-year intervals to adjust same to a fair market t~asis.
4. Licensee shall, at its awn cost and subject to the supervision
and control of Licensor's engineer, locate, construct and maintain the PIPE
LINE in such a manner and of such material that it wi11 nt;t at ar~y time iae a
source of danger to or interference with the present ar future tracks, roadbed
and property of Licensor, or the safe operation of its railroad. In cases
where the Licensee is permitted under paragraph 2 hereof to use the PIPE LIME
for oil s traleum roducts ar other flar~nable or hi hl volatile
substances _ er_pressure, the P L P1E sha be construct , insta leci anti
rea er ma n a conformity with the plans and specifications shaven on
print hereto attached in such cases, marked Exhibit 0 ar-ci made apart hereof .
If at any time Licensee shall, in the ,judgment of Eicensar, fail to perform
properly its obligations under this paragraphs, Licensor may, at its aiatian,
itself perform such work as it deems necessary for the safe operation of its
railroad, anc# in such event Licensee agrees to pay, within fift~;en (15) drys
after bill shall have been rendered therefor, the cost so inc;urreci by
Licensor, but failure on the part of Eicensar to perform the oi~ligatians ~,~'
Licensee shall not release Licensee fran liauility hereuruier for loss ar
damage occasioned therrby.
3-4-85-1658-P-CPI1143L
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5. Licensee shall reimbLrrse L~.censor fc~r any expense ir-+curre~i ~y
Licensor for false work to support Licensor's tracks and for flagman to
protect its traffic during installation of the PIPE LINE and for airy and all
other expense incurred by Licensor an account of the PIPE LINE.
6. Licensee shall at all tits indtrnnify and save harmless Licensor
against and pay in full all loss, damage, or expense that Licensor may
sustain, incur or become liable for, resulting in any rraruier from the
construction, maintenance, use, state of repair, or presence of the PIPE LZNE:,
including any such loss, damage or expense arising out oP (a) loss oY' cr
damage to property, (b) injury to or death of persons, (e) mechanics' or other
liens of any character, or (d taxes or asse:ssarents of any kind.
7. If at any time Licensee shall fail or refuse to comply with or
carry out any of the covenants herein contained Licensor may at its election
forthwith revoke this license.
8. This license is given by Licensor acrd accepted by Licensee upon
the express condition that the same may be terminated at any time by either
party upon ten (10) days' notice in writing to be served upon the other party,
stating therein the date that st.~h termination shall tat<e place, and that upon
the termination of this license in this or any other manner t~rein provided,
Licensee, upon demand of Licensor, shall at~andon the use of the PIPE LItdE acrd
remove the same and restore the right of way and tracks of Licensor to ttre
same condition in which they were prior to the placing of the PIPE LItJE
thereunder. In case Licensee shall fail to restore Licensor's prerrrises as
aforesaid within ten (10) days after the effective date of termination,
Licensor may proceed with such work at the expense of Licerrse~:. No
termination hereof shall release Licensee from any liability or obligation
hereunder, whether of indemnity or otherwise, resulting froru dny acts,
omissions aT events happening prior to the date the PZP'E LINE is removed anri
the right of way and track of Licensor restored as above provided.
9. Upon any termination of this contract, Licensor shall retain as
a minimum charge for the use of Licensor's property a sum of $3bCl.Ot7 and
any rental in excess of said sun shall be apportioned between the par es, and
Licensor hereby agrees to refund to Licensee a proportiofi~ate part of any such
excess amount paid in advance.
10. In the case of the eviction of Licensee by anyone oaniny or
obtaining title to the premises on which the PIPE LZNE is located, or the sale
or abandonment try Licensor of said premises, Licenser shall not rye liable to
Licensee for any damage of any nature whatsoever or to refund any payment made
by Licensee to Licensor hereunder, except the prc~portior~~ate part of any
recurring rental charge which may have been paid hereunder in advance, whic"r
is in excess of said sum as provided in Section ~ above.
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3-4-83-158-P/14~
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11. Any notice hereunder to be given ~y Licensor to Licensed
hereunder shall be deemed to be properly served if it be deposited in the
~linited States Mail, postage prepaid, addressed to Licensee at
210 E. Chestnut Canton Illinois 61520
Any notice to be g ven hereunder by Licenses to Licensor shall be deerneii
to be properly served if the same by deposited in the t~iteu States Mail,
postage prepaid, addressed to Licensoe's General Manager at F~. 0. k3ax 173~t,
920 Quincy Street, Topeka, Kansas ~ibb28.
l2. In the event that two ar more parties execute this instrument as
Licensee, all the covenants and agreements of Licensee in this license shall
he the ~vint and several covenants and agreements of such parties.
l3. All the covenants and provisions of this instrur~~cat shall ue
binding upon and inure to the benefit of ttie successors, legal representatives
and assigns of the parties to the same extent and effect as ts~e same are
bindirxg upon and inure to the benefit of the parties hereto, but ~ assignment
hereof by Licensee, its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon Licensor without the written
consent of Licensor in each instance.
14. fJotwithstanding any other provisions of this license, Licensee
shall comply with all statutes, ordinances, rules, regulations, orders and
decisions {hereinafter referred to as "Standards"), issued by any f~:deral,
state ar local governmental body or agency established thereby (hereinafter
referred to as "Authority"), relating to Licensee's usc: of Liceresor's property
hereurxier. In its use of the premises, Licensee shall at all times rye in full
compliance with all Standards, present or future, set by any Authority,
including, but not limited ta, Standards concerning air quality, water
duality, noise, hazardous substances and hazardous waste. In the event
Licensee fails to ~ in full cocn~aliance with Standards set by any Authority,
Licensor may, after givirx~ reasonable notice of the failure to Licensee, and
Licensee, within thirty (30) days of such notice, fails either to correct such
non•-compliance ar to give written notice to the Licenser of its ~.ntarrt to
contest the allegation of non-compliance before the Authority establishir>g the
SLandarci ar in any other proper forum, take whatever action i5 necessary to
protect the premises arxi Licensor's railroad and other adjacent property.
Licensee shall reim~.aurse the Licensor far all coasts (iracludir~ but not limited
to, consulting, engineering, clean-~ arui disposal costs, and legal casts)
incurred by the Licensor in complying with Such Standards, and also sucta costs
incurred by the Licensor fn abating a violation of such Standards, protecting
against a threatened violation of such Staneards, defending any claim of
violation of such Standards in any proceedirx;~ before any Authority or court,
arx~! paying any fines or penalties imposed for such violations. L:iceresde shall
assume liability for and shall save and hold harmless the Licensor from any
claim of a violation of such Standards regardless of the nature ti~rdof or tree
Authority or person asserting such claim, which results Pram Licensee's use: of
Licensoe's premises, whether such claicn arises in whale or in part from the
negligence or alleged negligence of the Licensor ar otherwise. Licensee, at
its cast, shall assurce the defense of all such clairais reyarciless of wnether
they are asserted against Licensee or Licensor.
4
3-4-$5-1658-P/143~
. ~
J.S. Upon written notice from Licensor, Licensee agrees to assume the
defense of any lawsuit, administrative action or other proceedir~ brought
against Licensor by any public body, individual, partnership, ct~xparation, or
other legal entity, relating to any matter covered by this License for which
Licensee has an obligation to assume liability for and/or to save and t~ol.d
harmless the Licensor. Licensee shall pay all the costs incident to such
defense, including, but net limited tu, attorneys' fees, investigators' fees,
litigation expenses, settlement payments, ancJ amounts paid in satisfactiQr~ of
,judgments. Any anti all lawsuits or administrative actiorrs brought or
threatened ~ any theory of relief available at law, in equity or under the
rules of any administrative agency shall ~ covered uy this s~:ction,
including, twt not limited to, the theories of intentional misconduct,
nsglic~nce, breach of statute or ordinance, or upon any theory created uy
statute or ordinance, state or federal.
IN WITNESS ~fl-~REDF, The parties have executed this agreetn~:tit yn
duplicate the day and year first above written.
Tt-E AT~;ti:LSdtJ, TDt'EKA AND S~.AS~IT~A F~:, Rr1ILti~lAY C,t)r~'AtdY
By .x!52:_ f~~
Its Assistant to Cener~i ~~~~.r
CITY (lF
8y
It , E~layor
ATTEST:
C~
City 'lerk
Al~PROVED AS TC7 FORM
General Attorney -Kansas
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3-4-85-1458-P/143L/46A9a/224fl12
" CMT
CRAWFORD, MURPHY &TILLY, INC.
CONSULTING ENGINEERS
2750 WEST WASHINGTON STREET
SPRINGFIELD, ILLINOIS 62702
(217) 787-8050
April 28, 1986
Mr. Cliff Sagaser
City Engineer
210 East Chestnut
Canton, Illinois 61520
Re: 8327-02-6 - Projects 1 and 2 Relief Sewers
Railroad Licenses for Construction
Dear Mr. Sagaser:
Enclosed is the final license to be issued by Santa Fe Railroad for
construction of the above projects. To complete the license, the City must
pass a resolution and forward a check in the amount of $360.00 for the first
year fee. This license covers the installation of the proposed 8" force main
from the east sewage plant to the south side relief sewer. This license
requires annual rental payments starting at $360 and increasing each year based
on the Consumer Price Index.
A summary is attached which lists the licenses which have been obtained for
these projects from Santa Fe and Burlington-Northern Railroads.
Please note that Santa Fe has not received the $400.00 check for license
number 3-05206 for the 12" and 21" sewer crossings.
Also we noted that Santa Fe Railroad License No. 5-05209 includes a fee of
$100 per year for temporary use of right-of-way along Walnut Street. After
construction and cleanup in this area has been completed, the City will no
longer be required to pay the annual fee.
Please return to us a copy of the resolution for the enclosed permit.
Sincerely yours,
CRAWFORD, M~UR/P~HY & TILLY, INC.
~~ OC G-tJCJ,,,L.GG~
Ted LaBelle
sd
enclosure
cc: Mayor and City Council
City Clerk
SPRINGFIELD, ILLINOIS
ST. LOUIS, MISSOURI
AURORA, ILLINOIS
PERMITS AND FEES
SEWER FACILITIES ON RAILROAD RIGHT-OF-WAY
CITY OF CANTON
Use Of Right-Of-Way License Date of Initial Subsequent
Exhibit No. Agreement Fee Fee
PROJECT 1 WEST SIDE RELIEF SEWER:
1. Santa Fe RR - 24" Sewer Crossing
RR Bridge Over Big Creek
PROJECT 2 SOUTH SIDE RELIEF SEWER:
2. Santa Fe RR - 8" Force Main
Crossing Near County Highway 6
3. Santa Fe RR - 12" & 21" Sewer Cross-
ings Between Ninth & Eleventh Sts.
4. Santa Fe RR - Private Vehicle
Crossing for Access Drive to Pro-
posed Pumping Sta. (Santa Fe RR)
5. Santa Fe RR - Temporary Use of Santa
Fe RR Right-Of-Way Between Walnut
St. & Tracks From Eleventh St. to
County Hwy. 6 (Expires When Con-
struction is completed)
6. Santa Fe RR - 8" Force Main
Parallel to Santa Fe Tracks from
County Hwy. 6 to East Sewage Plant
7. Burlington-Northern RR - 24"
Sewer Crossing at Fourth and
Sam Scott Streets
PREVIOUSLY ISSUED PERMITS:
8. 60" Combined Sewer North of West
Sewage Plant & 8" Force Main from
Bradley Corners to East Sewage
9. Roadway to East Sewage Plant from
County Hwy. 6
1-04041 07-11-85 $400 None
1-05201 02-21-86 X400 None
3-05206 02-21-86 $400 None
1-05157 03-25-86 $250 As billed
by RR to
maintain.
5-05209 03-25-86 $100 None
3-05198 04-17-86 $360 $360 +
Inflation.
(Per Year)
(See Permit)
PX 86-1003 02-04-86 $300 $150 (per
(First 10 yr. period)
10-year
period)
5493 06-O1-65 X100 $347
(per year)
5492 06-01-65 $1 None
The Atchison, Topeka and Santa Fe Railway Company
920 S.E. Quincy St.
P.O. Box 1738 Aprll 21, 1986 _
Topeka, Kansas 66628 :"=`~~,`,; {~; ,'`
GY-5369 ~'r'~ ~ • ~~
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Mr. Ted Labelle ~ Q~'~,,`~ `'`
Crawford, Murphy & Tilly, Inc. ~ Q
2750 West Washington Street ~„-,
~;y `
Springfield, Illinois 62702
Dear Mr. Labelle:
Referring to correspondence pertaining to Southside Relief Sewer you
are designing for the City of Canton, which involves various encroachments on
Santa Fe's right of way.
Enclosed, in duplicate, is Santa Fe's standard license agreement
covering the City's proposed parallel installation as identified by Exhibit
No. 3-05198. This agreement should be executed by the Mayor, attested by the
City Clerk and the original counterpart (stamped "Santa Fe Original") returned
to the undersigned, together with remittance of the first year's rental of
$360.00 as specified in the license. It will also be necessary that we be
furnished a copy of the City's resolution or Council action authorizing
execution of the document. The City may retain the duplicate counterpart of
the license agreement for its records.
Upon return of the completed agreement, it will be satisfactory for
the City or its contractor to make the installation; however, they should
contact Santa Fe's Contract Representative in our Division Office at
Ft. Madison, Iowa, telephone (319) 376-4112, at least 48 hours in advance of
their anticipated construction in order that they may provide any flagging
protection that may be necessary. It will also be necessary that the City's
construction crew or contractor have in its possession a fully-executed copy
of the enclosed agreement or satisfactory evidence from our Division
Superintendent or his representative that they have permission to be on our
right of way to make the installation.
We have now received Santa Fe's counterparts of the license
agreements covering an 8-inch crossing, a 12-inch crossing and a 21-inch
crossing. We also received the City's Check No. 25363 covering the 8-inch
crossing; however, the $400.00 license .fee covering the 12-inch and 21-inch
crossings was not received. Would appreciate your handling with the City for
this apparent oversight.
If you have any questions concerning this matter, please contact
Delmar Bacon, telephone (913) 357-2240.
Yours truly,
R. ~L. Ba~ion
General Manager
0126L/2240/4735a/6
R Santa Fe Southern Pacific Company