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Res 2007-014
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Res 2007-014
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Last modified
4/17/2007 3:50:26 PM
Creation date
1/24/2007 7:00:27 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-14
Date
1/18/2007
Volume Book
170
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<br />I <br /> <br />I <br /> <br />I <br /> <br />Pipeline Crossing 05/15/06 <br />Form Approved, A VP-Law <br /> <br />D. The Licensee shall keep and maintain the soil over the PipelIne thoroughly compacted and the <br />grade even with the adjacent surface ofthe ground. <br /> <br />Section 3. <br /> <br />NOTICE OF COMMENCEMENT OF WORK. <br /> <br />If an emergency should arise requiring immediate attention, the Licensee shall provide as much <br />notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall <br />notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the <br />commencement of any work upon property of the Licensor in connection with the construction, <br />maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All <br />such work shall be prosecuted diligently to completion. <br /> <br />Section 4. <br /> <br />LICENSEE TO BEAR ENTIRE EXPENSE. <br /> <br />The Licensee shall bear the entire cost and expense incurred in connection with the construction, <br />maintenance, repair and renewal and any and all modification, revision, relocation, removal or <br />reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in <br />connection therewith for supervision, inspection, flagging, or otherwise. <br /> <br />Section 5. <br /> <br />REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. <br /> <br />A. The license herein granted is subject to the needs and requirements of the Licensor m the safe and <br />efficient operation of its railroad and in the improvement and use of its property. The Licensee <br />shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all <br />or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's <br />property, as the Licensor may designate, whenever, in the furtherance of its needs and <br />requirements, the Licensor, at its sole election, fmds such action necessary or desirable. <br /> <br />B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on <br />property of the Licensor in the location hereinbefore described shall, so far as the Pipeline <br />remains on the property, apply to the Pipeline as modified, changed or relocated within the <br />contemplatIon of this section. <br /> <br />Section 6. <br /> <br />NO INTERFERENCE WITH LICENSOR'S OPERATION. <br /> <br />The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor <br />shall be constructed and, at all times, maintamed, repaired, renewed and operated in such manner as to <br />cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, <br />property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at <br />any time that would in any manner impair the safety thereof. <br /> <br />Section 7. <br /> <br />PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br /> <br />A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic <br />cable systems is of extreme importance since any break could disrupt service to users resulting in <br />business interruption and loss of revenue and profits. Licensee shall telephone the Licensor <br />during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, <br />except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to <br />deternune if fiber optic cable is buried anywhere on the Licensor's premises to be used by the <br /> <br />plx.exb <br /> <br />Exhibit B <br />
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