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207636f ORIGINAL TO CITY CLERK PRESENTED BY; �" r COMMISSIONER CITY OF ST. PAUL COUNCIL NO �10UFFICE OF THE CITY CLERK IL RESOLUTION - GENERAL FORM A ♦TC 20'7636 WHEREAS, in connection with.the construction of the Broadway Relief Sewer System it is necessary to cross certain tracks owned and operated by the Northern Pacific Railway Company in the vicinity of Bruno Street,and said Railway Company is agreeable to granting the City a license for the placement of said sewer facilities on and under its right -of -way in accordance with the License Agreement herewith attached and made a part hereof; now, therefore, be it RESOLVED, That upon the recommendation of the Commissioner of Public Works, the proper City officers are hereby authorized and directed to enter into a License Agreement with the Northern Pacific Railway-Company and to execute on behalf of the City of Saint Paul a License Agreement in the form hereto attached and made a part hereof, covering the placing of certain sewer facilities under the railway right -of -way owned by the Northern Pacific Railway Company In a location as shown in a drawing attached to and made a part of the License Agreement and this resolution. SM 6_61 Council File 'No. 207636,;--- By Milton Ro�eri- t Whereas, In connection with the con -, struction of the Broadway Relief Sewer System it is necessary to cross certain; tracks owned and operated by the Northern Pacific Railway Company in' the vicinity of Bruno Street and said Railway Company is agreeable to granting the City a license for th6 placement of said sewer facilities on and under its right -of -way in accord- ance with the License Agreement here- with attached and mad part hereof; now, therefore, be it Resolved, T h a t upon the rec- ommendation of the Commissioner of Public Works, the proper City officers are hereby authorized and directed to' enter into a License Agreement with the Northern Pacific Railway Company and to exedutg on behalf of the City of Saint Paul a License Agreement in the form heteto attached and made a part hereof, covering the placing of certain sewer facilities under the railway right -of -way owned- by the Northern Pacific Railway Company in a loca- tion as shown in a drawing attached to and made a part of the License Agreement and this resolution. Adopted by the Council June 12, 1962. Approved June 12, 1962. (June 16, 1962)' JUN 12 COUNCILMEN Adopted by the Council 19— Yeas Nays JUN 12 DALGLISH Holland Approved 19.— Loss In Favor Mortinson G Mayor Peterson Rosen Against Mr. President, Vavoulis SM 6_61 DUPLICATE TO 207636 PRINTER CITY OF ST. PAUL COUNCIL NO, • t - OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE WHEREAS, in connection with the construction of the Broadway Relief Sewer System it is necessary to cross certain tracks owned and operated by the Northern Pacific Railway Company in the vicinity of Bruno Street,and said Railway Company is agreeable to granting the City a license for the placement of said sewer facilities on and under its right -of -way in accordance with the License Agreement herewith attached and made a part hereof; now, therefore, be it RESOLVED, That upon the recommendation of the Commissioner of Public Works, the proper City officers are hereby authorized and directed to enter into a License Agreement with the Northern Pacific Railway Company and to execute on behalf of the City of Saint Paul a License Agreement in the form hereto attached and made a part hereof, covering the placing of certain sewer facilities under the railway right -of -way owned by the Northern Pacific Railway Company in a location as shown in a drawing attached to and made a part of the License Agreement and this resolution. COUNCILMEN Yeas DALGLISH Nays D.edo curur Holland Loss In Favor Mortinson Peterson Against Rosen Mr. President, Vavoulis SM G_61 jUN 121 Adopted by the Council 19 JUj1121962 Approved 19— Mayor et+r Q -SEVER PI°F PE kM . R w 17 6— -- -61 1 No. 91915 NOR I'll LRN PAL.IFIC RAILWAY COMPANY, hereinafter called Railway Company, nor Ioy pe mi's CXW OF ST. PAUL, a m mioipal oarporation of the State of 11=es0ta, hereinafter called Permittee, to construct, operate, and maintain the following facilities upon its right of way at the loeation desOrlbed as follows e A 48 inch R . C . P„ Maas V $0war pipe line Rai *Way Co">ilW S Win Line riNht of MW iA the Section 32, Township 29 North, 22 west, Mneipal ltridlan, Ramey Comty, Ulmesota, in the city of St - Paul at the loaatich ahown byy a red lime on the pint hereto attached, narked �achibit *3% "to& April 12, 1962, and made a part hereof, This permission is given upon the following terms- n _z xq/100 DoZlan 1. Permittee will pay awwvally in advance to Railway Company for this permit the sum of10eQ(�� e�0b a -' also all taxes and assessments that may be levied or assessed against the facilities. Railway Company reserves the right to change the said enr -ol charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment owwwally shall in no way restrict Railway Company's right of termination under Paragraph 6 hereof. 2. (a) The entire cost shall be borne by Permittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion if any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost 9.. fore the work is done. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done In a first -class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans and specifications which he may prescribe or approve. The Division Superintendent of Railway Company shall have th• rigF�t at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with like material or with material of a more permanent character, also to require additional work or change of location of said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction af.a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railroad of Railway Company, all of which shall be done at the expense of Permittee in the manner herein provided. (b) In the event that ut any time hereafter any changes, alterations, or relocation of the facilities hereby covered are to be made or any other work of any kind is to be done in connection with said facilities, whether at the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pany to protect it against any loss or damage in any way arising out of or in cny way connected with the work. (c) In the event Railway Company deems it necessary to provide either flagmen or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either party as provided for in Paragraph 2. (a), Permittee shall bear the expense incurred by Railway Company for such'ftogging or inspection service. Railway Company will notify Permittee of the estimated cost of such flagging or inspection service, and Permittee will pay such estimated and actual cost in the some manner as provided for in Paragraph 2. (a). 3. (a) Permittee agrees that the facilities shall not at any time damage the railroad or structures of Railway Company, or be a menace to the safety of its operation, and to indemnify and save harmless Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from injuries to or death of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (b) Permittee hereby further agrees to hold harmless and indemnify Railway Company from and against any and all loss or damage to the facilities, the installation of which is hereby permitted on the premises of Railway Company. 4. It is agreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereto- fore or hereafter granted the joint use of Railway Company's, property of which the premises upon which said facilities are located are a part. 5. Permittee shall not transfer or assign this permit without the written consent of Railway Company. 6. This permit shall endure until terminated by Railway Company. Railway Company reserves the right to terminate this permit at any time upon the giving of ninety(90� days' notice, either by personal delivery or by mail, or by the posting of notice on the premises.'JFon the expiration of the time sto ed in any such notice, Railway Company may forthwith expel Permittee from its premises, and at the end of the permit Permittee shall restore the premises of Railway Company to their former state. Upon ispni'A-61 0,, 7. This permit is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affecting the preen :ses upon which said facilities are located. R. Said fac,l,t:es shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and mode a part hereof. iN &ITNESS NHEREOF the parties have executed this permit this 16th day of April 19 62 NORTHERN PACIFIC RAILWAY COMPANY, e By -- h Witnesses to signature of Permittee: Attest -�. - - -- -- - - -- »�y 0�' -SIP,- PANT, D neft phyar of r ti�'I`'?iER[7 PACIFIC RAILWAY CoMpA,,Ty EXHIBIT' "A" Vie.:: t ications for Sewer, Irrigation and Drain Line Crossings under Railway Tracks. 1. Sewer, irrigation or drain lines passing under railway tracks shall be placed with top Of pipe not less than five feet below base of rail; and top of pipe not less than three feet below bottom of roadway ditch. 2. Pipe, within 21 feet plus the depth of pipe, shall conform with one of the following: Cast Iron Pipe -- Extra Heavy, ASTM A- 142 -38. Concrete Pipe AST&I C- 76 -57T Class IV, Wall B, circular reinforcement in circular pipe, for pipes installed with less than 15 feet be- ta;een top of pipe and top of tie. ASTM C -76 -57T Class V, Wall C, circular reinforcement in circular pipe, for pipes installed with greater than lei feet between top of pipe and top of tie. Cor= '��g�t�.n Metal 1-4e -- Gauge and coating subject to review by Railway Company. Ott.t,r t.i�, material may to used on special approval of the Railway Company. 3. For a distance of not less than 21 feet plus the depth of pipe each side of the center line of track crossings, the joints in the pipe line shall be provided with suitable jointing material to make a water -tight connection and of such material that these joints will remain tight under roadbed loads and impact. 4. Irrigation pipe lire crossings and syphons shall be provided throughout their length with water -tight points capable of resisting the hydrostatic pressure under which they are to operate. Either lock joint, copper strip, or rubber band type of standard make will be satisfactory for concrete pipe syphon. Plans for syphons which are to operate at greater than a pressure of ten pounds per square inch shall be subject to special review by Railway Engineering Department. 5. Under certain conditions the Railway Company may require the use of an encasement pipe around the carrier pipe. 6. Where warranted by special local conditions the Railway Company may require an emergency by -pass or waste -way within effective distance of the crossing. 7. Where laws, codes, or orders of competent public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of the specifications set forth in this Exhibit. r--- 3 H Transition �ubgrade H D I 5'Min.-S�e Note i l 3'Min. Carrier Pie P //�— "1"----Zi ' - -� �---- 21' --.— p\ Provide Water Tight Joints Extra Strength Pi See Notes 2,3 4 X-Cut -Off Wall ,/,,,-Syphon Crossing Water Tight Joints _c S H 4- 0 M d s a .y 0 a. TYPICAL SKETCH OF PIPE LINE CROSSING SEWER, DRAIN, bf _re cl Chie1 r.�.:. St. Paul, Mir_nes :t . . November 1, 19b�j. FOR OR IRRIGATION LINES R