RES NO 10-01-1977 I0 -1'1911
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CITY OF VAN BUREN, ARKANSAS
RESOLUTION 1 -10 -77
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS,
1. THAT, the Mayor is hereby authorized and directed to execute
a Pipe Line License dated September 29, 1977 and the City
Clerk is authorized and directed to attest the same and to
impress the seal of the City of Van Buren, Arkansas, thereto.
2. THAT, a copy of said Pipe Line License dated September 29, 1977
is attached hereto and made a part hereof.
Passed and approved this 10th day of October 1977
4_ _fir/
MA OR W
ATTESTED
4 C T CLERK
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CITY OFFICERS 1 't-• 12‘. 'a J
EUGENE P. XOe08 s-4 elite i
City Clerk- Treeserer i M wa
P i i
G. FLOYD METE) ROGERS y1 1 v ._J:-.-11-
i Municlpel JU09s t ®1,.3. 21 r
CON RADOCKENFEL6 RUGH!
CItY Attorney
p MRS. GEORGIA COX City of Van r Wu
MRS GEORGIA City Collector l ri-e DO Arkansas 11'✓,aU tisas
x LOUI90ARfl
AtLmmSa ALLEN RAY TOOTHAKER, Mayor r CARL SALZMAN
GANN
RAY GANN Van Buren, Arkansas 72956 Phone 4
te r' 1VEHSON RIGGS
CHARLEY MATLOCK
CLYDE TAYLOR.
It
/I; I, Ann Graham, the duly elected, qualified and acting City Clerk
41 Treasurer of the City of Van Buren, Arkansas do hereby certify
r+.= that the attached Resolution is a true and correct copy of the
original which was adopted by the City Council of -the City of
Van Buren, Arkansas held on the 10 day of 0c1-, 1977.
That the said copy of said Resolution is a true and correct copy of
:11, the same Resolution adopted at said meeting and file of record.
44 IN TESTIMONY WHEREOF, 1 hdve hereunto set my hand and the seal of
aa 4. said City of Van Buren as of the In day of Qrt 1977.
e Ann Graham
City Clerk Treasurer
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c .fik 0151 t
i y OUR. PROJECT
PROGRESS IS 1
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Form 29021
(Rev. 5 -73)
MISSOURI PACIFIC RAILROAD COMPANY
CONTRACT EXECUTION BY CORPORATION
6400 Martin Avenue
Kansas City, Mo., 64120
September 29, 1977
File: G 81 -C -4
City of Van Buren, Arkansas
City Hall
Van Buren, Arkansas 72956
Gentlemen:
Enclosed please find duplicate originals of Pipe Line License
dated September 29, 1977.
Favor: City of Van Buren, Arkansas
Covering: One proposed D.I.P, pipe, 8 inches in diameter, including
50 ft. of 18 inch steel casing to be used at a maximum
pressure of 110 P..S.I.
At: Van Buren, Arkansas
Kindly secure execution of all copies of this contract by having
your Mayor sign with ink on the line indicated
on Page 2 Then have your City Clerk sign with ink on the
line indicated under the word "Attest on Page 2 and affix the imprint
of your corporate seal on all copies'. Please attach your check in amount of
$200,00 covering fee for license granted and one copy of Resolution authorizing
your Mayor to execute license.
When all copies have been properly executed, return all copies to
the undersigned for further handling.
Yours truly,
Assistant to
General Manager
Form 20021 10/74
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, September 29 1977 WITNESSETH:
The undersigned Carrier hereby grants, but on solely the herein expressed terms and
conditions, and the undersigned Licensee A Municipal Corporation
(individual; copartners or carp. state where incorporated)
to be addressed at. City Hall; Van Buren, Arkansas 72956
hereby accepts, permission to install; keep; maintain, repair, renew and use for conveying:
water the Licensee's own one certain proposed
(number) (proposed or existing)'
continuous. line of D.I.P. pipe 8 niches in diameter andappertenances,
including 50 ft: of 18 inch steel casing herein called Pipe Line on
the Carrier's property herein called Premises. Pipe Line will be tided at a maximum
pressure of 1l0 P.:S:I.
Pipe Line shall intersect Carrier's existing
Track (E.G 47+14) in Northeast quarter of Section 31
(track or right:of way)
T..9 N. ;.R.31 W. Cranford County Arkansas at losx Van Buren
(county or parish) (state) (place)
Approximate location of Pipe Line is ihdidated by heavy blue 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 bound
to do at any time hereunder: Licensee skull adjust Pipe Line to any physical change as
made at any time in any of Carrier's property, at ail .times keeping upper surface of Pipe
Line at least five and one -half feet below bottom of-rail ttiereover.
Licensee shall cause Pipe Line; before being used for anything inflammable; to conform
substantially to Exhibit B attached hereto as part hereof. Said things, including the
time and manner of doing any work, each shall conform .to the "requ s
irements 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'
Cartier'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 edtimated cost thereof.
If.deposit be•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 Two Hundred.
dollars for the.license granted herein.. Any other payment shellibe made.w thin twenty
days following receipt of bill. Licensee shall pay cost to Carrier for all labor; includ
ing wages of foremen; cost of material f o.br Carrier's rails. plus freight at'tariff rates
to point of use; plus.taxes and usual 'railroad additives. No provisions of this paragraph,
net approval of any of Licensee's undertakings; shall relieve Licensee of•any
xt responsibility'or liability:-''
all c2 L i c e nse are (a) indemnify and save harmless the Carrier from and against
e g g et s'(including attorneys' fees); losses and expenses in any
manner resulting from or arising out of or in connection with the
la Y'i maintenance
i.<'. renewal, repair, use, existence or removal of Pipe Line, including, the breaking of
sate or any leakage therefrom, aril (b) assume all risk of loss or damage to Line and
h., the contents.thereof regardless of how caused and regardless of any negligence 'on :.the
j part, of Carrier, or otherwise.
g 1 r
Form 20021 10/74
3. Term 'hereof shall begin with September 29 1977 and continue there-
after until concluded (1st) by expiration of' thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or •(2nd), at Carrier's election without farther notice, by expiration of six
1 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 oh Pipe Line or when deposited postage prepaid in U. S.
mail addressed as aforesaid. Not later that 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, regal representatives, successors and assigns; provided: no right of
Licensee shall be transferred or assigned, either voluntarily or involuntarily, except
by express agreement acceptable to Cartier. Carrier or Licensee may waive any default at
any time of the other without affecting, or impairing any right arising from,.any sub
sequent default.
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES:
q .c' B 7
General Manager
7 As Carrie first party he
ATTEST:
,fi, CITY OF `JAN BUREN; ARKANSAS
City Clerk
(Affix Seai
Mayor
XX As Licehsee,•segond party herein,
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WESTERN DISTRICT
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NOTE BOOK
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Form 20021 10/74
PIPE LINE LICENSE
THIS INSTRUMENT; executed in duplicate, September 29 1977 WITNESSETH:
The undersigned Carrier hereby grants,. but on solely the herein expressed terms and
conditions, and the undersigned Licensee A Municipal Corporation
(individual, copartners dr corp. state where incorporated)
to be addressed at City Hall, Van Buren; Arkansas 72956
hereby accepts, permission to install keep, maintain; repair, renew and use for conveying
water the Licensee's own one certain proposed
(number) (proposed or existing)
continuous line of D,I,P, pipe 8 inches in diameter, and appurtenances,
including 50 ft. of 18 inch steel casing herein called Pipe Line; on
the Carrier's property, herein called Premises: Pipe Line will be used at u maximum
pressure of 110 PiS..I.
Pipe Line shall intersect Carrier's existing
Track,(E.C,So 47 +14) in Northeast Quarter of Section 31
(track or right of way)
T. 9 No R.31 W. Crawford County Arkansas at Itimonsac• Van Buren
(county or parish) (state) (place)
Approximate location of Pipe Line is indicated by heavy blue 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 bound
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 five 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 B 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 of 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 be 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 TWO Bandied'
dollars for the license granted herein. Any other payment shallibe made within twenty''
days following receipt•of bill. Licensee shall pay cost to Carrier for all.labor, includ-
ing Wages of foremen; cost of'material,f:o.b.Carrier's rails plus freight at tariff rates
to point of use, plus taxes' and usual railroad. additives: No provisions of this paragraph,
nor approval by Cerriei of any of Licerisee's'uzd ertakings, shall relieve Licensee of -any
re sponsibility. or iiabil i ty:
2: Licensee ag`ree's to:(a) indemnify_ and save harmless the Ca.rrier•from and against
all -claims; suits; damages,costs:(ineluding attorneys'.' fees), losses and expenses; an'any
manner resulting from or arising out of or in connection with the laying, maintenance:
.renewal; repair; use;. existence or removal of Pipe Line including the breaking of
same or any ;leakage therefrom, and (h) assume a1l risk of loss or damage to Pipe Line acid„
tme coni-eat•s thereof regardless of hot:: caused and regardless of any negligence on the
part of Carrier, or otherwise.
_1_
Form 20021 10/74
3. Term'hereof shall begin with September 29 1977 and continue there-
after until concluded (1st) by expiration of thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term 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 fdllowing Carrie'r'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: ho right of
Licensee shall be transferred or assigned, either voluntarily or involuntarily except
by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at
any tithe of the other without affecting, or impairing any right arising from, any sub
segiient default.
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES:
i' 1
By
1.. General Manager
As Carrier, first party herein
ATTEST
CITY OF VAN BUREN, AREANSAS
y'
(Affix Seal) City Clerk
1c,Tr3aftrt
As L second party herein
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